[Congressional Record Volume 159, Number 167 (Thursday, November 21, 2013)]
[Senate]
[Pages S8469-S8527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2442. 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. STRATEGY TO SUPPORT CONSOLIDATION OF SECURITY AND 
                   GOVERNANCE GAINS IN SOMALIA.

       (a) Requirement for Strategy.--Not later than 120 days 
     after the date of the enactment of this Act, the President 
     shall submit to the appropriate committees of Congress a 
     strategy to guide future United States action in support of 
     the Government and people of Somalia to foster economic 
     growth and opportunity, counter armed threats to stability, 
     and develop credible, transparent, and representative 
     government systems and institutions.
       (b) Content of Strategy.--The strategy required under 
     subsection (a) should include the following elements:
       (1) A clearly stated policy toward Somalia on supporting 
     the consolidation of political gains at the national level, 
     while also encouraging and supporting complementary processes 
     at the local and regional levels.
       (2) Measures to support the development goals identified by 
     the people and Government of Somalia.
       (3) Plans for strengthening efforts by the Government of 
     Somalia, the African Union, and regional governments to 
     stabilize the security situation within Somalia and further 
     degrade al-Shabaab's capabilities, in order to enable the 
     eventual transfer of security operations to Somali security 
     forces capable of--
       (A) maintaining and expanding security within Somalia;
       (B) confronting international security threats; and
       (C) preventing human rights abuses.
       (4) Plans for supporting the development and 
     professionalization of regionally and ethnically 
     representative Somali security forces, including the 
     infrastructure and procedures required to ensure chain of 
     custody and the safe storage of military equipment and an 
     assessment of the benefits and risks of the provision of 
     weaponry to the Somali security forces by the United States.
       (5) A description of United States national security 
     objectives addressed through military-to-military cooperation 
     activities with Somali security forces.
       (6) A description of security risks to United States 
     personnel conducting security cooperation activities within 
     Somalia and plans to assist the Somali security forces in 
     preventing infiltration and insider attacks, including 
     through the application of lessons learned in United States 
     military training efforts in Afghanistan.
       (7) A description of United States tools for monitoring and 
     responding to violations of the United Nations Security 
     Council arms embargo, charcoal ban, and other international 
     agreements affecting the stability of Somalia.
       (8) A description of mechanisms for coordinating United 
     States military and non-military assistance with other 
     international donors, regional governments, and relevant 
     multilateral organizations.
       (9) Plans to increase United States diplomatic engagement 
     with Somalia, including through the future establishment of 
     an embassy or other diplomatic posts in Mogadishu.
       (10) Any other element the President determines 
     appropriate.
       (c) Reports.--Not later than 180 days from the submission 
     of the strategy required under subsection (a), and annually 
     thereafter for three years, the President shall submit to the 
     appropriate committees of Congress an update on 
     implementation of the strategy and progress made in Somalia 
     in security, stability, development, and governance.
       (d) Form.--The strategy under this section shall be 
     submitted in unclassified form, but may include a classified 
     annex. The reports may take the form of a briefing, 
     unclassified report, or unclassified report with a classified 
     annex.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to authorize any use of military force in Somalia.
       (f) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Foreign Relations, and the Select 
     Committee Intelligence of the Senate; and
       (2) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Foreign Affairs, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 2443. 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. REPORT ON UNMANNED AIRCRAFT SYSTEMS.

       (a) 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.
       (b) 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 Unmanned Aircraft 
     Systems in the National Airspace System Roadmap, published by 
     the Federal Aviation Administration on November 7, 2013 
     (referred to in this subsection as the ``NAS Roadmap''), 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).
                                 ______
                                 
  SA 2444. Mr. ROCKEFELLER 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, add the following:

                  TITLE __--CYBERSECURITY ACT OF 2013

     SEC. __01. SHORT TITLE.

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

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Cybersecurity mission.--The term ``cybersecurity 
     mission'' means activities that encompass the full range of 
     threat reduction, vulnerability reduction, deterrence, 
     international engagement, incident response, resiliency, and 
     recovery policies and activities, including computer network 
     operations, information assurance, law enforcement, 
     diplomacy, military, and intelligence missions as such 
     activities relate to the security and stability of 
     cyberspace.
       (2) Information infrastructure.--The term ``information 
     infrastructure'' means the underlying framework that 
     information

[[Page S8470]]

     systems and assets rely on to process, transmit, receive, or 
     store information electronically, including programmable 
     electronic devices, communications networks, and industrial 
     or supervisory control systems and any associated hardware, 
     software, or data.
       (3) Information system.--The term ``information system'' 
     has the meaning given that term in section 3502 of title 44, 
     United States Code.

     SEC. __03. NO REGULATORY AUTHORITY.

       Nothing in this title shall be construed to confer any 
     regulatory authority on any Federal, State, tribal, or local 
     department or agency.

       Subtitle A--Public-private Collaboration on Cybersecurity

     SEC. __11. PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY.

       (a) Cybersecurity.--Section 2(c) of the National Institute 
     of Standards and Technology Act (15 U.S.C. 272(c)) is 
     amended--
       (1) by redesignating paragraphs (15) through (22) as 
     paragraphs (16) through (23), respectively; and
       (2) by inserting after paragraph (14) the following:
       ``(15) on an ongoing basis, facilitate and support the 
     development of a voluntary, industry-led set of standards, 
     guidelines, best practices, methodologies, procedures, and 
     processes to reduce cyber risks to critical infrastructure 
     (as defined under subsection (e));''.
       (b) Scope and Limitations.--Section 2 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 272) is 
     amended by adding at the end the following:
       ``(e) Cyber Risks.--
       ``(1) In general.--In carrying out the activities under 
     subsection (c)(15), the Director--
       ``(A) shall--
       ``(i) coordinate closely and continuously with relevant 
     private sector personnel and entities, critical 
     infrastructure owners and operators, sector coordinating 
     councils, Information Sharing and Analysis Centers, and other 
     relevant industry organizations, and incorporate industry 
     expertise;
       ``(ii) consult with the heads of agencies with national 
     security responsibilities, sector-specific agencies, State 
     and local governments, the governments of other nations, and 
     international organizations;
       ``(iii) identify a prioritized, flexible, repeatable, 
     performance-based, and cost-effective approach, including 
     information security measures and controls, that may be 
     voluntarily adopted by owners and operators of critical 
     infrastructure to help them identify, assess, and manage 
     cyber risks;
       ``(iv) include methodologies--

       ``(I) to identify and mitigate impacts of the cybersecurity 
     measures or controls on business confidentiality; and
       ``(II) to protect individual privacy and civil liberties;

       ``(v) incorporate voluntary consensus standards and 
     industry best practices;
       ``(vi) align with voluntary international standards to the 
     fullest extent possible;
       ``(vii) prevent duplication of regulatory processes and 
     prevent conflict with or superseding of regulatory 
     requirements, mandatory standards, and related processes; and
       ``(viii) include such other similar and consistent elements 
     as the Director considers necessary; and
       ``(B) shall not prescribe or otherwise require--
       ``(i) the use of specific solutions;
       ``(ii) the use of specific information or communications 
     technology products or services; or
       ``(iii) that information or communications technology 
     products or services be designed, developed, or manufactured 
     in a particular manner.
       ``(2) Limitation.--Information shared with or provided to 
     the Institute for the purpose of the activities described 
     under subsection (c)(15) shall not be used by any Federal, 
     State, tribal, or local department or agency to regulate the 
     activity of any entity.
       ``(3) Definitions.--In this subsection:
       ``(A) Critical infrastructure.--The term `critical 
     infrastructure' has the meaning given the term in section 
     1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 5195c(e)).
       ``(B) Sector-specific agency.--The term `sector-specific 
     agency' means the Federal department or agency responsible 
     for providing institutional knowledge and specialized 
     expertise as well as leading, facilitating, or supporting the 
     security and resilience programs and associated activities of 
     its designated critical infrastructure sector in the all-
     hazards environment.''.
       (c) Study and Report.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study that assesses--
       (A) the progress made by the Director of the National 
     Institute of Standards and Technology in facilitating the 
     development of standards and procedures to reduce cyber risks 
     to critical infrastructure in accordance with section 
     2(c)(15) of the National Institute of Standards and 
     Technology Act, as added by this section;
       (B) the extent to which the Director's facilitation efforts 
     are consistent with the directive in such section that the 
     development of such standards and procedures be voluntary and 
     led by industry representatives;
       (C) the extent to which sectors of critical infrastructure 
     (as defined in section 1016(e) of the USA PATRIOT Act of 2001 
     (42 U.S.C. 5195c(e))) have adopted a voluntary, industry-led 
     set of standards, guidelines, best practices, methodologies, 
     procedures, and processes to reduce cyber risks to critical 
     infrastructure in accordance with such section 2(c)(15);
       (D) the reasons behind the decisions of sectors of critical 
     infrastructure (as defined in subparagraph (C)) to adopt or 
     to not adopt the voluntary standards described in 
     subparagraph (C); and
       (E) the extent to which such voluntary standards have 
     proved successful in protecting critical infrastructure from 
     cyber threats.
       (2) Reports.--Not later than 1 year after the date of the 
     enactment of this Act, and every 2 years thereafter for the 
     following 6 years, the Comptroller General shall submit a 
     report, which summarizes the findings of the study conducted 
     under paragraph (1), to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (C) the Committee on Science, Space, and Technology of the 
     House of Representatives.

           Subtitle B--Cybersecurity Research and Development

     SEC. __21. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.

       (a) Fundamental Cybersecurity Research.--
       (1) In general.--The Director of the Office of Science and 
     Technology Policy, in coordination with the head of any 
     relevant Federal agency, shall build upon programs and plans 
     in effect as of the date of enactment of this Act to develop 
     a Federal cybersecurity research and development plan to meet 
     objectives in cybersecurity, such as--
       (A) how to design and build complex software-intensive 
     systems that are secure and reliable when first deployed;
       (B) how to test and verify that software and hardware, 
     whether developed locally or obtained from a third party, is 
     free of significant known security flaws;
       (C) how to test and verify that software and hardware 
     obtained from a third party correctly implements stated 
     functionality, and only that functionality;
       (D) how to guarantee the privacy of an individual, 
     including that individual's identity, information, and lawful 
     transactions when stored in distributed systems or 
     transmitted over networks;
       (E) how to build new protocols to enable the Internet to 
     have robust security as one of the key capabilities of the 
     Internet;
       (F) how to determine the origin of a message transmitted 
     over the Internet;
       (G) how to support privacy in conjunction with improved 
     security;
       (H) how to address the growing problem of insider threats;
       (I) how improved consumer education and digital literacy 
     initiatives can address human factors that contribute to 
     cybersecurity;
       (J) how to protect information processed, transmitted, or 
     stored using cloud computing or transmitted through wireless 
     services; and
       (K) any additional objectives the Director of the Office of 
     Science and Technology Policy, in coordination with the head 
     of any relevant Federal agency and with input from 
     stakeholders, including appropriate national laboratories, 
     industry, and academia, determines appropriate.
       (2) Requirements.--
       (A) In general.--The Federal cybersecurity research and 
     development plan shall identify and prioritize near-term, 
     mid-term, and long-term research in computer and information 
     science and engineering to meet the objectives under 
     paragraph (1), including research in the areas described in 
     section 4(a)(1) of the Cyber Security Research and 
     Development Act (15 U.S.C. 7403(a)(1)).
       (B) Private sector efforts.--In developing, implementing, 
     and updating the Federal cybersecurity research and 
     development plan, the Director of the Office of Science and 
     Technology Policy shall work in close cooperation with 
     industry, academia, and other interested stakeholders to 
     ensure, to the extent possible, that Federal cybersecurity 
     research and development is not duplicative of private sector 
     efforts.
       (3) Triennial updates.--
       (A) In general.--The Federal cybersecurity research and 
     development plan shall be updated triennially.
       (B) Report to congress.--The Director of the Office of 
     Science and Technology Policy shall submit the plan, not 
     later than 1 year after the date of enactment of this Act, 
     and each updated plan under this section to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Science, Space, and Technology of the House of 
     Representatives.
       (b) Cybersecurity Practices Research.--The Director of the 
     National Science Foundation shall support research that--
       (1) develops, evaluates, disseminates, and integrates new 
     cybersecurity practices and concepts into the core curriculum 
     of computer science programs and of other programs where 
     graduates of such programs have a substantial probability of 
     developing software after graduation, including new practices 
     and concepts relating to secure coding education and 
     improvement programs; and
       (2) develops new models for professional development of 
     faculty in cybersecurity education, including secure coding 
     development.
       (c) Cybersecurity Modeling and Test Beds.--

[[Page S8471]]

       (1) Review.--Not later than 1 year after the date of 
     enactment of this Act, the Director the National Science 
     Foundation, in coordination with the Director of the Office 
     of Science and Technology Policy, shall conduct a review of 
     cybersecurity test beds in existence on the date of enactment 
     of this Act to inform the grants under paragraph (2). The 
     review shall include an assessment of whether a sufficient 
     number of cybersecurity test beds are available to meet the 
     research needs under the Federal cybersecurity research and 
     development plan.
       (2) Additional cybersecurity modeling and test beds.--
       (A) In general.--If the Director of the National Science 
     Foundation, after the review under paragraph (1), determines 
     that the research needs under the Federal cybersecurity 
     research and development plan require the establishment of 
     additional cybersecurity test beds, the Director of the 
     National Science Foundation, in coordination with the 
     Secretary of Commerce and the Secretary of Homeland Security, 
     may award grants to institutions of higher education or 
     research and development non-profit institutions to establish 
     cybersecurity test beds.
       (B) Requirement.--The cybersecurity test beds under 
     subparagraph (A) shall be sufficiently large in order to 
     model the scale and complexity of real-time cyber attacks and 
     defenses on real world networks and environments.
       (C) Assessment required.--The Director of the National 
     Science Foundation, in coordination with the Secretary of 
     Commerce and the Secretary of Homeland Security, shall 
     evaluate the effectiveness of any grants awarded under this 
     subsection in meeting the objectives of the Federal 
     cybersecurity research and development plan under subsection 
     (a) no later than 2 years after the review under paragraph 
     (1) of this subsection, and periodically thereafter.
       (d) Coordination With Other Research Initiatives.--In 
     accordance with the responsibilities under section 101 of the 
     High-Performance Computing Act of 1991 (15 U.S.C. 5511), the 
     Director the Office of Science and Technology Policy shall 
     coordinate, to the extent practicable, Federal research and 
     development activities under this section with other ongoing 
     research and development security-related initiatives, 
     including research being conducted by--
       (1) the National Science Foundation;
       (2) the National Institute of Standards and Technology;
       (3) the Department of Homeland Security;
       (4) other Federal agencies;
       (5) other Federal and private research laboratories, 
     research entities, and universities;
       (6) institutions of higher education;
       (7) relevant nonprofit organizations; and
       (8) international partners of the United States.
       (e) National Science Foundation Computer and Network 
     Security Research Grant Areas.--Section 4(a)(1) of the Cyber 
     Security Research and Development Act (15 U.S.C. 7403(a)(1)) 
     is amended--
       (1) in subparagraph (H), by striking ``and'' at the end;
       (2) in subparagraph (I), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(J) secure fundamental protocols that are integral to 
     inter-network communications and data exchange;
       ``(K) secure software engineering and software assurance, 
     including--
       ``(i) programming languages and systems that include 
     fundamental security features;
       ``(ii) portable or reusable code that remains secure when 
     deployed in various environments;
       ``(iii) verification and validation technologies to ensure 
     that requirements and specifications have been implemented; 
     and
       ``(iv) models for comparison and metrics to assure that 
     required standards have been met;
       ``(L) holistic system security that--
       ``(i) addresses the building of secure systems from trusted 
     and untrusted components;
       ``(ii) proactively reduces vulnerabilities;
       ``(iii) addresses insider threats; and
       ``(iv) supports privacy in conjunction with improved 
     security;
       ``(M) monitoring and detection;
       ``(N) mitigation and rapid recovery methods;
       ``(O) security of wireless networks and mobile devices; and
       ``(P) security of cloud infrastructure and services.''.
       (f) Research on the Science of Cybersecurity.--The head of 
     each agency and department identified under section 
     101(a)(3)(B) of the High-Performance Computing Act of 1991 
     (15 U.S.C. 5511(a)(3)(B)), through existing programs and 
     activities, shall support research that will lead to the 
     development of a scientific foundation for the field of 
     cybersecurity, including research that increases 
     understanding of the underlying principles of securing 
     complex networked systems, enables repeatable 
     experimentation, and creates quantifiable security metrics.

     SEC. __22. COMPUTER AND NETWORK SECURITY RESEARCH CENTERS.

       Section 4(b) of the Cyber Security Research and Development 
     Act (15 U.S.C. 7403(b)) is amended--
       (1) in paragraph (3), by striking ``the research areas'' 
     and inserting the following: ``improving the security and 
     resiliency of information infrastructure, reducing cyber 
     vulnerabilities, and anticipating and mitigating consequences 
     of cyber attacks on critical infrastructure, by conducting 
     research in the areas'';
       (2) by striking ``the center'' in paragraph (4)(D) and 
     inserting ``the Center''; and
       (3) in paragraph (5)--
       (A) by striking ``and'' at the end of subparagraph (C);
       (B) by striking the period at the end of subparagraph (D) 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(E) the demonstrated capability of the applicant to 
     conduct high performance computation integral to complex 
     computer and network security research, through on-site or 
     off-site computing;
       ``(F) the applicant's affiliation with private sector 
     entities involved with industrial research described in 
     subsection (a)(1);
       ``(G) the capability of the applicant to conduct research 
     in a secure environment;
       ``(H) the applicant's affiliation with existing research 
     programs of the Federal Government;
       ``(I) the applicant's experience managing public-private 
     partnerships to transition new technologies into a commercial 
     setting or the government user community;
       ``(J) the capability of the applicant to conduct 
     interdisciplinary cybersecurity research, basic and applied, 
     such as in law, economics, or behavioral sciences; and
       ``(K) the capability of the applicant to conduct research 
     in areas such as systems security, wireless security, 
     networking and protocols, formal methods and high-performance 
     computing, nanotechnology, or industrial control systems.''.

            Subtitle C--Education and Workforce Development

     SEC. __31. CYBERSECURITY COMPETITIONS AND CHALLENGES.

       (a) In General.--The Secretary of Commerce, Director of the 
     National Science Foundation, and Secretary of Homeland 
     Security, in consultation with the Director of the Office of 
     Personnel Management, shall--
       (1) support competitions and challenges under section 105 
     of the America COMPETES Reauthorization Act of 2010 (124 
     Stat. 3989) or any other provision of law, as appropriate--
       (A) to identify, develop, and recruit talented individuals 
     to perform duties relating to the security of information 
     infrastructure in Federal, State, and local government 
     agencies, and the private sector; or
       (B) to stimulate innovation in basic and applied 
     cybersecurity research, technology development, and prototype 
     demonstration that has the potential for application to the 
     information technology activities of the Federal Government; 
     and
       (2) ensure the effective operation of the competitions and 
     challenges under this section.
       (b) Participation.--Participants in the competitions and 
     challenges under subsection (a)(1) may include--
       (1) students enrolled in grades 9 through 12;
       (2) students enrolled in a postsecondary program of study 
     leading to a baccalaureate degree at an institution of higher 
     education;
       (3) students enrolled in a post baccalaureate program of 
     study at an institution of higher education;
       (4) institutions of higher education and research 
     institutions;
       (5) veterans; and
       (6) other groups or individuals that the Secretary of 
     Commerce, Director of the National Science Foundation, and 
     Secretary of Homeland Security determine appropriate.
       (c) Affiliation and Cooperative Agreements.--Competitions 
     and challenges under this section may be carried out through 
     affiliation and cooperative agreements with--
       (1) Federal agencies;
       (2) regional, State, or school programs supporting the 
     development of cyber professionals;
       (3) State, local, and tribal governments; or
       (4) other private sector organizations.
       (d) Areas of Skill.--Competitions and challenges under 
     subsection (a)(1)(A) shall be designed to identify, develop, 
     and recruit exceptional talent relating to--
       (1) ethical hacking;
       (2) penetration testing;
       (3) vulnerability assessment;
       (4) continuity of system operations;
       (5) security in design;
       (6) cyber forensics;
       (7) offensive and defensive cyber operations; and
       (8) other areas the Secretary of Commerce, Director of the 
     National Science Foundation, and Secretary of Homeland 
     Security consider necessary to fulfill the cybersecurity 
     mission.
       (e) Topics.--In selecting topics for competitions and 
     challenges under subsection (a)(1), the Secretary of 
     Commerce, Director of the National Science Foundation, and 
     Secretary of Homeland Security--
       (1) shall consult widely both within and outside the 
     Federal Government; and
       (2) may empanel advisory committees.
       (f) Internships.--The Director of the Office of Personnel 
     Management may support, as appropriate, internships or other 
     work experience in the Federal Government to the winners of 
     the competitions and challenges under this section.

     SEC. __32. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.

       (a) In General.--The Director of the National Science 
     Foundation, in coordination

[[Page S8472]]

     with the Director of the Office of Personnel Management and 
     Secretary of Homeland Security, shall continue a Federal 
     Cyber Scholarship-for-Service program to recruit and train 
     the next generation of information technology professionals, 
     industrial control system security professionals, and 
     security managers to meet the needs of the cybersecurity 
     mission for Federal, State, local, and tribal governments.
       (b) Program Description and Components.--The Federal Cyber 
     Scholarship-for-Service program shall--
       (1) provide scholarships to students who are enrolled in 
     programs of study at institutions of higher education leading 
     to degrees or specialized program certifications in the 
     cybersecurity field;
       (2) provide the scholarship recipients with summer 
     internship opportunities or other meaningful temporary 
     appointments in the Federal information technology workforce; 
     and
       (3) provide a procedure by which the National Science 
     Foundation or a Federal agency, consistent with regulations 
     of the Office of Personnel Management, may request and fund 
     security clearances for scholarship recipients, including 
     providing for clearances during internships or other 
     temporary appointments and after receipt of their degrees.
       (c) Scholarship Amounts.--Each scholarship under subsection 
     (b) shall be in an amount that covers the student's tuition 
     and fees at the institution under subsection (b)(1) and 
     provides the student with an additional stipend.
       (d) Scholarship Conditions.--Each scholarship recipient, as 
     a condition of receiving a scholarship under the program, 
     shall enter into an agreement under which the recipient 
     agrees to work in the cybersecurity mission of a Federal, 
     State, local, or tribal agency for a period equal to the 
     length of the scholarship following receipt of the student's 
     degree.
       (e) Hiring Authority.--
       (1) Appointment in excepted service.--Notwithstanding any 
     provision of chapter 33 of title 5, United States Code, 
     governing appointments in the competitive service, an agency 
     shall appoint in the excepted service an individual who has 
     completed the academic program for which a scholarship was 
     awarded.
       (2) Noncompetitive conversion.--Except as provided in 
     paragraph (4), upon fulfillment of the service term, an 
     employee appointed under paragraph (1) may be converted 
     noncompetitively to term, career-conditional or career 
     appointment.
       (3) Timing of conversion.--An agency may noncompetitively 
     convert a term employee appointed under paragraph (2) to a 
     career-conditional or career appointment before the term 
     appointment expires.
       (4) Authority to decline conversion.--An agency may decline 
     to make the noncompetitive conversion or appointment under 
     paragraph (2) for cause.
       (f) Eligibility.--To be eligible to receive a scholarship 
     under this section, an individual shall--
       (1) be a citizen or lawful permanent resident of the United 
     States;
       (2) demonstrate a commitment to a career in improving the 
     security of information infrastructure; and
       (3) have demonstrated a high level of proficiency in 
     mathematics, engineering, or computer sciences.
       (g) Repayment.--If a scholarship recipient does not meet 
     the terms of the program under this section, the recipient 
     shall refund the scholarship payments in accordance with 
     rules established by the Director of the National Science 
     Foundation, in coordination with the Director of the Office 
     of Personnel Management and Secretary of Homeland Security.
       (h) Evaluation and Report.--The Director of the National 
     Science Foundation shall evaluate and report periodically to 
     Congress on the success of recruiting individuals for 
     scholarships under this section and on hiring and retaining 
     those individuals in the public sector workforce.

     SEC. __33. STUDY AND ANALYSIS OF EDUCATION, ACCREDITATION, 
                   TRAINING, AND CERTIFICATION OF INFORMATION 
                   INFRASTRUCTURE AND CYBERSECURITY PROFESSIONALS.

       (a) Study.--The Director of the National Science 
     Foundation, the Director of the Office of Personnel 
     Management, and the Secretary of Homeland Security shall 
     undertake to enter into appropriate arrangements with the 
     National Academy of Sciences to conduct a comprehensive study 
     of government, academic, and private-sector education, 
     accreditation, training, and certification programs for the 
     development of professionals in information infrastructure 
     and cybersecurity. The agreement shall require the National 
     Academy of Sciences to consult with sector coordinating 
     councils and relevant governmental agencies, regulatory 
     entities, and nongovernmental organizations in the course of 
     the study.
       (b) Scope.--The study shall include--
       (1) an evaluation of the body of knowledge and various 
     skills that specific categories of professionals in 
     information infrastructure and cybersecurity should possess 
     in order to secure information systems;
       (2) an assessment of whether existing government, academic, 
     and private-sector education, accreditation, training, and 
     certification programs provide the body of knowledge and 
     various skills described in paragraph (1);
       (3) an evaluation of--
       (A) the state of cybersecurity education at institutions of 
     higher education in the United States;
       (B) the extent of professional development opportunities 
     for faculty in cybersecurity principles and practices;
       (C) the extent of the partnerships and collaborative 
     cybersecurity curriculum development activities that leverage 
     industry and government needs, resources, and tools;
       (D) the proposed metrics to assess progress toward 
     improving cybersecurity education; and
       (E) the descriptions of the content of cybersecurity 
     courses in undergraduate computer science curriculum;
       (4) an analysis of any barriers to the Federal Government 
     recruiting and hiring cybersecurity talent, including 
     barriers relating to compensation, the hiring process, job 
     classification, and hiring flexibility; and
       (5) an analysis of the sources and availability of 
     cybersecurity talent, a comparison of the skills and 
     expertise sought by the Federal Government and the private 
     sector, an examination of the current and future capacity of 
     United States institutions of higher education, including 
     community colleges, to provide current and future 
     cybersecurity professionals, through education and training 
     activities, with those skills sought by the Federal 
     Government, State and local entities, and the private sector.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     submit to the President and Congress a report on the results 
     of the study. The report shall include--
       (1) findings regarding the state of information 
     infrastructure and cybersecurity education, accreditation, 
     training, and certification programs, including specific 
     areas of deficiency and demonstrable progress; and
       (2) recommendations for further research and the 
     improvement of information infrastructure and cybersecurity 
     education, accreditation, training, and certification 
     programs.

          Subtitle D--Cybersecurity Awareness and Preparedness

     SEC. __41. NATIONAL CYBERSECURITY AWARENESS AND PREPAREDNESS 
                   CAMPAIGN.

       (a) National Cybersecurity Awareness and Preparedness 
     Campaign.--The Director of the National Institute of 
     Standards and Technology (referred to in this section as the 
     ``Director''), in consultation with appropriate Federal 
     agencies, shall continue to coordinate a national 
     cybersecurity awareness and preparedness campaign, such as--
       (1) a campaign to increase public awareness of 
     cybersecurity, cyber safety, and cyber ethics, including the 
     use of the Internet, social media, entertainment, and other 
     media to reach the public;
       (2) a campaign to increase the understanding of State and 
     local governments, institutions of higher education, and 
     private sector entities of--
       (A) the benefits of ensuring effective risk management of 
     the information infrastructure versus the costs of failure to 
     do so; and
       (B) the methods to mitigate and remediate vulnerabilities;
       (3) support for formal cybersecurity education programs at 
     all education levels to prepare skilled cybersecurity and 
     computer science workers for the private sector and Federal, 
     State, and local government; and
       (4) initiatives to evaluate and forecast future 
     cybersecurity workforce needs of the Federal government and 
     develop strategies for recruitment, training, and retention.
       (b) Considerations.--In carrying out the authority 
     described in subsection (a), the Director, in consultation 
     with appropriate Federal agencies, shall leverage existing 
     programs designed to inform the public of safety and security 
     of products or services, including self-certifications and 
     independently verified assessments regarding the 
     quantification and valuation of information security risk.
       (c) Strategic Plan.--The Director, in cooperation with 
     relevant Federal agencies and other stakeholders, shall build 
     upon programs and plans in effect as of the date of enactment 
     of this Act to develop and implement a strategic plan to 
     guide Federal programs and activities in support of the 
     national cybersecurity awareness and preparedness campaign 
     under subsection (a).
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Director shall transmit the strategic plan under subsection 
     (c) to the Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives.
                                 ______
                                 
  SA 2445. 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:

[[Page S8473]]

     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.--Except as provided in subparagraph 
     (C), 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
       (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) Department of defense reporting.--For any year that the 
     Department of Defense is required to submit a performance 
     plan for reduction of resources required for data servers and 
     centers, as required under section 2867(b) of the National 
     Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 
     2223a note), the Department of Defense--
       (i) may submit to the Administrator, in lieu of the multi-
     year strategy required under subparagraph (A)(ii)--

       (I) the defense-wide plan required under section 2867(b)(2) 
     of the National Defense Authorization Act for Fiscal Year 
     2012 (10 U.S.C. 2223a note); and
       (II) the report on cost savings required under section 
     2867(d) of the National Defense Authorization Act for Fiscal 
     Year 2012 (10 U.S.C. 2223a note); and

       (ii) shall submit the comprehensive inventory required 
     under subparagraph (A)(i), unless the defense-wide plan 
     required under section 2867(b)(2) of the National Defense 
     Authorization Act for Fiscal Year 2012 (10 U.S.C. 2223a 
     note)--

       (I) contains a comparable comprehensive inventory; and
       (II) is submitted under clause (i).

       (D) Statement.--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.
       (E) Agency implementation of strategies.--
       (i) In general.--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 --

       (aa) the completion of activities by the agency under the 
     FDCCI;
       (bb) any progress of the agency towards meeting the 
     Government-wide data center consolidation and optimization 
     metrics; and
       (cc) the actual cost savings and other improvements 
     realized through the implementation of the strategy of the 
     agency.
       (ii) Department of defense.--For purposes of clause (i)(I), 
     implementation of the defense-wide plan required under 
     section 2867(b)(2) of the National Defense Authorization Act 
     for Fiscal Year 2012 (10 U.S.C. 2223a note) by the Department 
     of Defense shall be considered implementation of the strategy 
     required under subparagraph (A)(ii).
       (F) 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).

[[Page S8474]]

       (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 2446. 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, 
     in the absence of sequestration, the Secretary of the Navy 
     should fully fund the United States Naval Sea Cadet Corps 
     during fiscal year 2014.
                                 ______
                                 
  SA 2447. Mr. COATS (for himself and 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 X, add the following:

     SEC. 1025. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN 
                   RECIPIENTS.

       (a) Transfers by Grant.--The President is authorized to 
     transfer vessels to foreign countries on a grant basis under 
     section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2321j), as follows:
       (1) Mexico.--To the Government of Mexico, the OLIVER HAZARD 
     PERRY class guided missile frigates USS CURTS (FFG-38) and 
     USS MCCLUSKY (FFG-41).
       (2) Thailand.--To the Government of Thailand, the OLIVER 
     HAZARD PERRY class guided missile frigates USS RENTZ (FFG-46) 
     and USS VANDEGRIFT (FFG-48).
       (b) Transfer by Sale.--The President is authorized to 
     transfer the OLIVER HAZARD PERRY class guided missile 
     frigates USS TAYLOR (FFG-50), USS GARY (FFG-51), USS CARR 
     (FFG-52), and USS ELROD (FFG-55) to the Taipei Economic and 
     Cultural Representative Office of the United States (which is 
     the Taiwan instrumentality designated pursuant to section 
     10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))) on a 
     sale basis under section 21 of the Arms Export Control Act 
     (22 U.S.C. 2761).
       (c) Alternative Transfer Authority.--Notwithstanding the 
     authority provided in subsections (a) and (b) to transfer 
     specific vessels to specific countries, the President is 
     authorized, subject to the same conditions that would apply 
     for such country under this Act, to transfer any vessel named 
     in this Act to any country named in this Act such that the 
     total number of vessels transferred to such country does not 
     exceed the total number of vessels authorized for transfer to 
     such country by this Act.
       (d) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to another country on a grant basis pursuant to authority 
     provided by subsection (a) or (c) shall not be counted 
     against the aggregate value of excess defense articles 
     transferred in any fiscal year under section 516 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
       (e) Costs of Transfers.--Any expense incurred by the United 
     States in connection with a transfer authorized by this 
     section shall be charged to the recipient notwithstanding 
     section 516(e) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(e)).
       (f) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the President shall 
     require, as a condition of the transfer of a vessel under 
     this section, that the recipient to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed, before the vessel joins the naval forces of 
     that recipient, performed at a shipyard located in the United 
     States, including a United States Navy shipyard.
       (g) Expiration of Authority.--The authority to transfer a 
     vessel under this section shall expire at the end of the 3-
     year period beginning on the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 2448. 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 E of title I, add the following:

     SEC. 153. PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT.

       (a) Prohibition on Use of Certain Source Selection 
     Mechanisms for Certain Items.--The Department of Defense may 
     not use a reverse auction or lowest price-technically 
     acceptable (LPTA) source selection process or technique to 
     procure an item of personal protective equipment (PPE) if the 
     item was designed to or modified to meet a specific military 
     requirement.
       (b) Interagency Procurement.--The requirements of this 
     section shall apply to any department or agency of the United 
     States that procures clothing and individual equipment on 
     behalf of the Department of Defense.
       (c) Definitions.--In this section:
       (1) The term ``personal protective equipment'' means the 
     following:
       (A) Body armor components.
       (B) Combat helmets.
       (C) Combat protective eyewear.
       (D) Environmental and fire resistant clothing.
       (E) Footwear.
       (F) Organizational clothing and individual equipment.
       (G) Such other items as the Secretary of Defense shall 
     designate for purposes of this section.
       (2) The term ``reverse auction'' means, with respect to 
     procurement by the Department of Defense, a real-time auction 
     on the Internet between a group of offerors who compete 
     against each other by submitting bids for a contract or task 
     or delivery order with the ability to submit revised bids 
     throughout course of the auction, and the award being made to 
     the offeror who submits the lowest bid.
                                 ______
                                 
  SA 2449. 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 E of title I, add the following:

     SEC. 153. PERSONAL PROTECTION EQUIPMENT PROCUREMENT.

       (a) Funds Available for Procurement.--Personal protection 
     equipment may be procured using funds authorized to be 
     appropriated by this Act only using the funds as follows:
       (1) Amounts authorized to be appropriated by section 101 
     and available for procurement as specified in the funding 
     table in section 4101.
       (2) Amounts authorized to be appropriated by section 1502 
     and available for procurement for overseas contingency 
     operations as specified in the funding table in section 4102.
       (b) Procurement Line Item.--In the budget materials 
     submitted to the President by the Secretary of Defense in 
     connection with the submittal to Congress, pursuant to 
     section 1105 of title 31, United States Code, of the budget 
     for each fiscal year after fiscal

[[Page S8475]]

     year 2014, the Secretary shall ensure that within each 
     military department procurement account, a separate, 
     dedicated procurement line item is designated for personal 
     protection equipment.
       (c) Personal Protection Equipment Defined.--In this 
     section, the term ``personal protection equipment'' means the 
     following:
       (1) Body armor components.
       (2) Combat helmets.
       (3) Combat protective eyewear.
       (4) Environmental and fire resistant clothing.
       (5) Organizational clothing and individual equipment.
       (6) Any other items designated by the Secretary for 
     purposes of this paragraph.
                                 ______
                                 
  SA 2450. 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 D of title VIII, add the following:

     SEC. 864. PERSONAL PROTECTION EQUIPMENT INDUSTRIAL BASE 
                   MATTERS.

       (a) Study on Competition and Innovation in Personal 
     Protection Equipment Industrial Base.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     enter into a contract with a federally funded research and 
     development center to conduct a study to identify and assess 
     alternative and effective means for stimulating competition 
     and innovation in the personal protection equipment 
     industrial base.
       (2) Report on study.--Not later than 180 days after the 
     date of the enactment of this Act, the federally funded 
     research and development center conducting the study pursuant 
     to paragraph (1) shall submit to the Secretary the study, 
     including any findings and recommendations.
       (b) Report to Congress.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the study 
     conducted pursuant to subsection (a)(1).
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) The study, findings, and recommendations submitted to 
     the Secretary pursuant to subsection (a)(2).
       (B) An assessment of current and future technologies that 
     could markedly improve body armor, including by decreasing 
     weight, increasing survivability, and making other relevant 
     improvements.
       (C) An analysis of the capability of the personal 
     protection equipment industrial base to leverage such 
     technologies to produce the next generation body armor.
       (D) An assessment of alternative body armor acquisition 
     models, including different types of contracting and 
     budgeting practices of the Department of Defense.
       (c) Personal Protection Equipment Defined.--In this 
     section, the term ``personal protection equipment'' includes 
     body armor, protective eyewear, environmental and fire 
     resistant clothing systems, and other individual personal 
     protection equipment.
                                 ______
                                 
  SA 2451. Mr. ENZI 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 USE OF FUNDS TO CARRY OUT CERTAIN 
                   FOREIGN INTELLIGENCE SURVEILLANCE COURT ORDERS.

       (a) In General.--None of the funds made available by this 
     Act may be used to carry out an order of the Foreign 
     Intelligence Surveillance Court issued pursuant to section 
     501 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1861) unless such order includes the following 
     sentence: ``This Order limits the collection of any tangible 
     things (including telephone numbers dialed, telephone numbers 
     of incoming calls, and the duration of calls) authorized to 
     be collected pursuant to this Order to those tangible things 
     that pertain to a person who is the subject of an 
     investigation described in section 501 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1861).''.
       (b) Foreign Intelligence Surveillance Court Defined.--In 
     this section, the term ``Foreign Intelligence Surveillance 
     Court'' means the court established under section 103(a) of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1803(a)).
                                 ______
                                 
  SA 2452. Mr. ENZI 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. PROTECTION OF CONSUMER PRIVACY.

       Section 1027 of the Consumer Financial Protection Act of 
     2010 (12 U.S.C. 5517) is amended by adding at the end the 
     following:
       ``(t) Consumer Privacy.--Notwithstanding any other 
     provision of this Act, any provision of the enumerated 
     consumer laws, or any other provision of Federal law, the 
     Bureau may not investigate an individual transaction to which 
     a consumer is a party without the written permission of the 
     consumer.''.
                                 ______
                                 
  SA 2453. Mr. LEE (for himself, Mrs. Fischer, and 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 E of title X, add the following:

     SEC. 1046. SENSE OF CONGRESS ON FURTHER NUCLEAR ARMS 
                   REDUCTIONS WITH THE RUSSIAN FEDERATION.

       It is the sense of Congress that, if the United States 
     seeks further nuclear arms reductions with the Russian 
     Federation, below the levels of the New START Treaty, such 
     reductions--
       (1) should be pursued through mutual negotiated agreement 
     with the Russian Federation;
       (2) should be verifiable;
       (3) should be made pursuant to the treaty-making power of 
     the President as set forth in Article II, section 2, clause 2 
     of the Constitution of the United States; and
       (4) should take into account the full range of nuclear 
     weapons capabilities that threaten the United States, its 
     forward-deployed forces, and its allies, including non-
     strategic nuclear weapons.
                                 ______
                                 
  SA 2454. 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 A of title XII, add the following:

     SEC. 1208. SENSE OF CONGRESS ON SUPPORT TO ISRAEL TO ADDRESS 
                   IRANIAN AND SYRIAN THREATS.

       It is the sense of Congress that--
       (1) the United States should ensure that Israel, as a 
     critical United States ally, is able to adequately address an 
     existential Iranian nuclear threat, and the Secretary of 
     Defense should seek related opportunities for defense 
     cooperation and partnership on military capabilities where 
     appropriate; and
       (2) the delivery of the S-300 air defense system to Syria 
     would pose a grave risk to Israel, and the United States 
     supports Israel's right to respond to this grave threat as 
     needed.
                                 ______
                                 
  SA 2455. 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. DEPARTMENT OF VETERANS AFFAIRS STUDY ON MATTERS 
                   RELATING TO CLAIMING AND INTERRING UNCLAIMED 
                   REMAINS OF VETERANS.

       (a) Study and Report Required.--Not later than one year 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall--
       (1) complete a study on matters relating to the 
     identification, claiming, and interring of unclaimed remains 
     of veterans; and
       (2) submit to Congress a report on the findings of the 
     Secretary with respect to the study required under paragraph 
     (1).
       (b) Matters Studied.--The matters studied under subsection 
     (a)(1) shall include the following:
       (1) Determining the scope of issues relating to unclaimed 
     remains of veterans, including an estimate of the number of 
     unclaimed remains of veterans on the day before the date of 
     the enactment of this Act.
       (2) Assessing the effectiveness of the procedures of the 
     Department of Veterans Affairs for claiming and interring 
     unclaimed remains of veterans.

[[Page S8476]]

       (3) Identifying and assessing State and local laws that 
     affect the ability of the Secretary to identify, claim, and 
     inter unclaimed remains of veterans.
       (4) Developing recommendations for such legislative or 
     administrative action as the Secretary considers appropriate
                                 ______
                                 
  SA 2456. 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 B of title IX, add the following:

     SEC. 935. REPORT ON RAND CORPORATION STUDY OF THE NATIONAL 
                   SECURITY IMPLICATIONS OF CONTINUING TO USE 
                   FOREIGN COMPONENT AND PROPULSION SYSTEMS FOR 
                   THE LAUNCH VEHICLES UNDER THE EVOLVED 
                   EXPENDABLE LAUNCH VEHICLE PROGRAM.

       The Comptroller General of the United States shall submit 
     to the congressional defense committees a report reviewing 
     the report prepared by the Rand Corporation pursuant to 
     section 916 of the National Defense Authorization Act for 
     Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1878).
                                 ______
                                 
  SA 2457. 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 appropriate place, insert the following:

     SEC. __. CHALLENGES TO GOVERNMENT SURVEILLANCE.

       (a) Challenges to Orders to Produce Certain Business 
     Records.--
       (1) In general.--Title V of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861) is amended by 
     adding at the end the following:

     ``SEC. 503. CHALLENGES TO ORDERS TO PRODUCE CERTAIN BUSINESS 
                   RECORDS.

       ``(a) Appeal.--
       ``(1) In general.--A person who is required to produce any 
     tangible thing pursuant to an order issued under section 501 
     may appeal the order to a United States court of appeals on 
     the basis that the order violates the Constitution of the 
     United States.
       ``(2) Venue.--An appeal filed pursuant to paragraph (1) may 
     be filed--
       ``(A) in the United States court of appeals for a circuit 
     embracing a judicial district in which venue would be proper 
     for a civil action under section 1391 of title 28, United 
     States Code; or
       ``(B) United States Court of Appeals for the District of 
     Columbia.
       ``(b) Supreme Court Review.--A person may seek a writ of 
     certiorari from the Supreme Court of the United States for 
     review of a decision of an appeal filed under subsection 
     (a)(1).''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the Foreign Intelligence Surveillance 
     Act of 1978 is amended by adding after the item relating to 
     section 502 the following:
       ``Sec. 503. Challenges to orders to produce certain 
           business records.''.
       (b) Challenges to Government Surveillance Targeting of 
     Certain Persons Outside the United States.--Section 702 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1881a) is amended by adding at the end the following:
       ``(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.
       ``(n) Appeals.--
       ``(1) In general.--A person who is subject to an order 
     issued under this section may appeal the order to a United 
     States court of appeals on the basis that the order violates 
     the Constitution of the United States.
       ``(2) Venue.--An appeal filed pursuant to paragraph (1) may 
     be filed--
       ``(A) in the United States court of appeals for a circuit 
     embracing a judicial district in which venue would be proper 
     for a civil action under section 1391 of title 28, United 
     States Code; or
       ``(B) United States Court of Appeals for the District of 
     Columbia.
       ``(3) Supreme court review.--A person may seek a writ of 
     certiorari from the Supreme Court of the United States for 
     review of a decision of an appeal filed under paragraph 
     (1).''.
                                 ______
                                 
  SA 2458. 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:

       On page 398, between lines 14 and 15, insert the following:
       (C) by adding at the end the following new subsection:
       ``(i) Sunset.--All applications for special immigrant 
     status under this section shall be submitted on or before 
     September 30, 2014.''; and
                                 ______
                                 
  SA 2459. Mr. BOOZMAN (for himself and 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 H of title X, add the following:

     SEC. 1082. NATIONAL DESERT STORM AND DESERT SHIELD MEMORIAL.

       (a) Definitions.--In this section:
       (1) Association.--The term ``Association'' means the 
     National Desert Storm Memorial Association, a corporation 
     that is--
       (A) organized under the laws of the State of Arkansas; and
       (B)(i) described in section 501(c)(3) of the Internal 
     Revenue Code of 1986; and
       (ii) exempt from taxation under 501(a) of that Code.
       (2) Memorial.--The term ``memorial'' means the National 
     Desert Storm and Desert Shield Memorial authorized to be 
     established under subsection (b).
       (b) Authorization To Establish Commemorative Work.--The 
     Association may establish the National Desert Storm and 
     Desert Shield Memorial as a commemorative work, on Federal 
     land in the District of Columbia to commemorate and honor the 
     members of the Armed Forces that served on active duty in 
     support of Operation Desert Storm or Operation Desert Shield.
       (c) Compliance With Standards for Commemorative Works 
     Act.--The establishment of the memorial under this section 
     shall be in accordance with chapter 89 of title 40, United 
     States Code (commonly known as the ``Commemorative Works 
     Act'').
       (d) Use of Federal Funds Prohibited.--
       (1) In general.--Federal funds may not be used to pay any 
     expense of the establishment of the memorial under this 
     section.
       (2) Responsibility of association.--The Association shall 
     be solely responsible for acceptance of contributions for, 
     and payment of the expenses of, the establishment of the 
     memorial.
       (e) Deposit of Excess Funds.--If, on payment of all 
     expenses for the establishment of the memorial (including the 
     maintenance and preservation amount required by section 
     8906(b)(1) of title 40, United States Code), or on expiration 
     of the authority for the memorial under section 8903(e) of 
     title 40, United States Code, there remains a balance of 
     funds received for the establishment of the memorial, the 
     Association shall transmit the amount of the balance to the 
     Secretary of the Interior for deposit in the account provided 
     for in section 8906(b)(3) of title 40, United States Code.
                                 ______
                                 
  SA 2460. 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 C of title V, add the following:

     SEC. 514. 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:

[[Page S8477]]

       ``(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 by this section shall include--
       ``(1) for any such 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) 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 Committee on Veterans' Affairs 
     and the Committee on Armed Services of the Senate and the 
     Committee on Veterans' Affairs and the Committee on Armed 
     Services of 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 2461. Mr. PORTMAN (for himself and 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 II, add the following:

     SEC. 237. BRIEFINGS ON STATUS OF IMPLEMENTATION OF CERTAIN 
                   MISSILE DEFENSE REQUIREMENTS.

       Not later than 180 days after the completion of the site 
     evaluation study required by subsection (a) of section 227 of 
     the National Defense Authorization Act for Fiscal Year 2013 
     (Public Law 112-239; 126 Stat. 1678), and one year 
     thereafter, the Secretary of Defense shall provide to the 
     congressional defense committees a detailed briefing on the 
     current status of efforts and plans to implement the 
     requirements of such section, including progress and plans 
     toward preparation of the environmental impact statement 
     required by subsection (b) of such section, and the 
     development of the contingency plan for deployment of an 
     additional homeland missile defense interceptor site in case 
     the President determines to proceed with such an additional 
     deployment as required by subsection (d) of such section.
                                 ______
                                 
  SA 2462. Mr. CARDIN (for himself, Mr. McCain, and Mr. Whitehouse) 
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. VIETNAM EDUCATION FOUNDATION.

       (a) Findings.--Congress makes the following findings:
       (1) The Secretary of Defense has called for more high-level 
     exchanges and enhanced defense cooperation between the United 
     States and Vietnam.
       (2) Vietnam plays a major role in the President's strategic 
     priority to rebalance United States policies toward Asia 
     (popularly known as the ``Asia pivot'').
       (3) The Department of Defense is increasing its United 
     States force posture in Asia to achieve more geographical 
     distribution, operational resilience, and politically 
     sustainability.
       (4) The Secretary of Defense and the Minister of Defense of 
     the Socialist Republic of Vietnam have agreed to develop 
     cooperation in the following 5 areas:
       (A) High-level dialogues.
       (B) Maritime security.
       (C) Search and rescue operations.
       (D) Peacekeeping operations.
       (E) Humanitarian assistance and disaster relief.
       (5) The Secretary of Defense has emphasized that enhanced 
     defense cooperation must be accompanied by reform and 
     liberalization in other sectors.
       (b) Grants Authorized.--
       (1) Establishment of higher education institution in 
     vietnam.--In order to support Vietnam's socioeconomic 
     transition and promote the values of intellectual freedom and 
     open enquiry, the Secretary of State may award 1 or more 
     grants to not-for-profit organizations engaged in promoting 
     institutional innovation in Vietnamese higher education to 
     establish an independent, not-for-profit, higher education 
     institution in Vietnam.
       (2) Use of funds.--Grant funds awarded under this 
     subsection shall be used to support the establishment of an 
     independent, not-for-profit academic institution to be built 
     in Vietnam, which shall--
       (A) achieve standards comparable to those required for 
     accreditation in the United States;
       (B) offer graduate and undergraduate level teaching and 
     research programs in a broad range of fields, including 
     public policy, management, and engineering; and
       (C) establish a policy of academic freedom and prohibit the 
     censorship of dissenting or critical views.
       (3) Application.--Eligible not-for-profit organizations 
     desiring a grant under this subsection shall submit an 
     application to the Secretary of State at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require.
       (4) Report on grantee application criteria.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Secretary of State shall submit the criteria established for 
     grantee applications, including commitments to ensure 
     academic freedom, to the appropriate congressional 
     committees.
       (5) Funding.--The Secretary of State may use amounts from 
     the Vietnam Debt Repayment Fund made available under section 
     207(c) of the Vietnam Education Foundation Act of 2000 (22 
     U.S.C. 2452 note) for grants authorized under this 
     subsection.
       (6) Annual report.--The Secretary of State shall submit an 
     annual report to the appropriate congressional committees on 
     the activities carried out under this subsection during the 
     most recent fiscal year that includes--
       (A) a list of grantees and educational proposals;
       (B) an assessment of the grantees' ability to meet 
     comparable United States academic standards; and
       (C) an assessment of the grantees' efforts and commitment 
     to academic freedom in Vietnam.
       (c) Transfer of Functions and Assets.--All functions and 
     assets of the Vietnam Education Foundation, as of the day 
     before the date of the enactment of this Act, are transferred 
     to the Bureau of Educational and Cultural Affairs of the 
     Department of State.
       (d) Vietnam Debt Repayment Fund.--Section 207(c) of the 
     Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 
     note) is amended to read as follows:
       ``(c) Availability of Funds.--
       ``(1) Amounts transferred to the foundation.--Except as 
     provided in paragraph (2), for each of the fiscal years 2014 
     through 2018, $5,000,000 of the amounts deposited into the 
     Fund (or accrued interest) shall be transferred to the 
     Foundation to carry out the fellowship program described in 
     section 206.
       ``(2) Amounts allotted for grants to establish an 
     independent, not-for-profit, higher education institution in 
     vietnam.--Notwithstanding paragraph (1), the Secretary of 
     State may expend any amounts deposited into the Fund (or 
     accrued interest) to carry out the grant program established 
     under section 1237(b) of the National Defense Authorization 
     Act for Fiscal Year 2014, to support the establishment of an 
     independent, not-for-profit academic institution in Vietnam 
     offering graduate and undergraduate level programs in a broad 
     range of fields, including public policy, management, and 
     engineering.
       ``(3) Disposition of excess funds.--For each of the fiscal 
     years 2014 through 2018, the Secretary of the Treasury shall 
     deposit all amounts in the Fund in excess of the amounts 
     transferred or expended under paragraphs (1) and (2) for such 
     year as miscellaneous receipts into the General Fund of the 
     Treasury of the United States.''.
                                 ______
                                 
  SA 2463. Ms. MIKULSKI (for herself, Mr. Coats, Mr. Wyden, and Mr. 
Udall of Colorado) 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. 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:

[[Page S8478]]

       ``(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. 1083. APPOINTMENT 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.

     SEC. 1084. RESPONSIBILITY OF COMMITTEES IN ADVICE AND CONSENT 
                   OF SENATE TO INTELLIGENCE APPOINTMENTS.

       (a) In General.--Section 17 of Senate Resolution 400 agreed 
     to May 19, 1976 (94th Congress) is amended to read as 
     follows:
       ``Sec. 17. (a)(1) Except as provided in subsections (b) and 
     (c), the Select Committee shall have jurisdiction to review, 
     hold hearings, and report the nominations of civilian 
     individuals for positions in the intelligence community for 
     which appointments are made by the President, by and with the 
     advice and consent of the Senate.
       ``(2) Except as provided in subsections (b) and (c), other 
     committees with jurisdiction over the department or agency of 
     the Executive Branch which contain a position referred to in 
     paragraph (1) may hold hearings and interviews with 
     individuals nominated for such position, but only the Select 
     Committee shall report such nomination.
       ``(3) In this subsection, the term `intelligence community' 
     means an element of the intelligence community specified in 
     or designated under section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 3003(4)).
       ``(b)(1) With respect to the confirmation of the Assistant 
     Attorney General for National Security, or any successor 
     position, the nomination of any individual by the President 
     to serve in such position shall be referred to the Committee 
     on the Judiciary and, if and when reported, to the Select 
     Committee for not to exceed 20 calendar days, except that in 
     cases when the 20-day period expires while the Senate is in 
     recess, the Select Committee shall have 5 additional calendar 
     days after the Senate reconvenes to report the nomination.
       ``(2) If, upon the expiration of the period described in 
     paragraph (1), the Select Committee has not reported the 
     nomination, such nomination shall be automatically discharged 
     from the Select Committee and placed on the Executive 
     Calendar.
       ``(c)(1) With respect to the confirmation of appointment to 
     the position of Director of the National Security Agency or 
     Inspector General of the National Security Agency or any 
     successor position to such a position, the nomination of any 
     individual by the President to serve in such position, who at 
     the time of the nomination is a member of the Armed Forces on 
     active duty, shall be referred to the Committee on Armed 
     Services and, if and when reported, to the Select Committee 
     for not to exceed 30 calendar days, except that in cases when 
     the 30-day period expires while the Senate is in recess, the 
     Select Committee shall have 5 additional calendar days after 
     the Senate reconvenes to report the nomination.
       ``(2) With respect to the confirmation of appointment to 
     the position of Director of the National Security Agency or 
     Inspector General of the National Security Agency, or any 
     successor to such a position, the nomination of any 
     individual by the President to serve in such position, who at 
     the time of the nomination is not a member of the Armed 
     Forces on active duty, shall be referred to the Select 
     Committee and, if and when reported, to the Committee on 
     Armed Services for not to exceed 30 calendar days, except 
     that in cases when the 30-day period expires while the Senate 
     is in recess, the Committee on Armed Services shall have an 
     additional 5 calendar days after the Senate reconvenes to 
     report the nomination.
       ``(3) If, upon the expiration of the period of sequential 
     referral described in paragraphs (1) and (2), the committee 
     to which the nomination was sequentially referred has not 
     reported the nomination, the nomination shall be 
     automatically discharged from that committee and placed on 
     the Executive Calendar.''.
       (b) Rulemaking Authority of the Senate.--The amendment made 
     by subsection (a) is enacted--
       (1) as an exercise of the rulemaking power of the Senate; 
     and
       (2) with full recognition of the constitutional right of 
     the Senate to change the rules of the Senate at any time, in 
     the same manner, and to the same extent as in the case of any 
     other rule of the Senate.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 2464. Mr. KAINE (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 G of title X, add the following:

     SEC. 1066. STUDY OF EFFECTS OF RELOCATION OF AIR FORCE OFFICE 
                   OF SCIENTIFIC RESEARCH.

       (a) In General.--The Secretary of the Air Force shall seek 
     to enter into an arrangement with the National Research 
     Council of the National Academies to conduct a study of the 
     positive and negative effects of the potential relocation of 
     the Air Force Office of Scientific Research from its location 
     as of the date of the enactment of this Act to Wright-
     Patterson Air Force Base, Dayton, Ohio.
       (b) Elements.--The study conducted under subsection (a) 
     shall include, at a minimum, an assessment of the following:
       (1) The rationale for the relocation.
       (2) The effects of the relocation on employees of the Air 
     Force Office of Scientific Research.
       (3) The effects of the relocation on interactions with 
     domestic and international scientific and technical academic 
     communities.
       (4) The costs of the relocation.
       (5) The effects of the relocation on the execution of the 
     basic research program of the Air Force.
       (c) Report Required.--Not later than 270 days after the 
     date of the enactment of this Act, the National Research 
     Council shall submit to the congressional defense committees 
     a report on the study conducted under subsection (a).
                                 ______
                                 
  SA 2465. Mr. KAINE 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 XI, add the following:

     SEC. 1109. MODIFICATION TO DEFENSE ADVANCED RESEARCH PROJECTS 
                   AGENCY EXPERIMENTAL PERSONNEL MANAGEMENT 
                   PROGRAM FOR TECHNICAL PERSONNEL.

       Section 1101(b)(1) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) 
     is amended, in the matter preceding subparagraph (A), by 
     striking ``and uniformed services (as such terms are'' and 
     inserting ``(as such term is''.
                                 ______
                                 
  SA 2466. Mr. LEVIN (for himself, Mr. McCain, Mr. Rockefeller, 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

[[Page S8479]]

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. ACTIONS TO ADDRESS ECONOMIC OR INDUSTRIAL 
                   ESPIONAGE IN CYBERSPACE.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report on foreign economic and industrial 
     espionage in cyberspace during the 12-month period preceding 
     the submission of the report that--
       (A) identifies--
       (i) foreign countries that engage in economic or industrial 
     espionage in cyberspace with respect to trade secrets or 
     proprietary information owned by United States persons;
       (ii) foreign countries identified under clause (i) that the 
     President determines engage in the most egregious economic or 
     industrial espionage in cyberspace with respect to such trade 
     secrets or proprietary information (in this section referred 
     to as ``priority foreign countries'');
       (iii) technologies or proprietary information developed by 
     United States persons that--

       (I) are targeted for economic or industrial espionage in 
     cyberspace; and
       (II) to the extent practicable, have been appropriated 
     through such espionage;

       (iv) articles manufactured or otherwise produced using 
     technologies or proprietary information described in clause 
     (iii)(II); and
       (v) services provided using such technologies or 
     proprietary information;
       (B) describes the economic or industrial espionage engaged 
     in by the foreign countries identified under clauses (i) and 
     (ii) of subparagraph (A); and
       (C) describes--
       (i) actions taken by the President to decrease the 
     prevalence of economic or industrial espionage in cyberspace; 
     and
       (ii) the progress made in decreasing the prevalence of such 
     espionage.
       (2) Determination of foreign countries engaging in economic 
     or industrial espionage in cyberspace.--For purposes of 
     clauses (i) and (ii) of paragraph (1)(A), the President shall 
     identify a foreign country as a foreign country that engages 
     in economic or industrial espionage in cyberspace with 
     respect to trade secrets or proprietary information owned by 
     United States persons if the government of the foreign 
     country--
       (A) engages in economic or industrial espionage in 
     cyberspace with respect to trade secrets or proprietary 
     information owned by United States persons; or
       (B) facilitates, supports, fails to prosecute, or otherwise 
     permits such espionage by--
       (i) individuals who are citizens or residents of the 
     foreign country; or
       (ii) entities that are organized under the laws of the 
     foreign country or are otherwise subject to the jurisdiction 
     of the government of the foreign country.
       (3) Form of report.--Each report required by paragraph (1) 
     shall be submitted in unclassified form but may contain a 
     classified annex.
       (b) Imposition of Sanctions.--
       (1) In general.--The President may block and prohibit all 
     transactions in all property and interests in property of 
     each person described in paragraph (2) pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.), 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) Persons described.--A person described in this 
     paragraph is a foreign person the President determines 
     knowingly requests, engages in, supports, facilitates, or 
     benefits from the significant appropriation, through economic 
     or industrial espionage in cyberspace, of technologies or 
     proprietary information developed by United States persons.
       (3) Exception.--The authority to impose sanctions under 
     paragraph (1) shall not include the authority to impose 
     sanctions on the importation of goods.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Finance, the Committee on Foreign Relations, and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Homeland Security, the Committee on Financial Services, the 
     Committee on Foreign Affairs, the Committee on Ways and 
     Means, and the Permanent Select Committee on Intelligence of 
     the House of Representatives.
       (2) Cyberspace.--The term ``cyberspace''--
       (A) means the interdependent network of information 
     technology infrastructures; and
       (B) includes the Internet, telecommunications networks, 
     computer systems, and embedded processors and controllers.
       (3) Economic or industrial espionage.--The term ``economic 
     or industrial espionage'' means--
       (A) stealing a trade secret or proprietary information or 
     appropriating, taking, carrying away, or concealing, or by 
     fraud, artifice, or deception obtaining, a trade secret or 
     proprietary information without the authorization of the 
     owner of the trade secret or proprietary information;
       (B) copying, duplicating, downloading, uploading, 
     destroying, transmitting, delivering, sending, communicating, 
     or conveying a trade secret or proprietary information 
     without the authorization of the owner of the trade secret or 
     proprietary information; or
       (C) knowingly receiving, buying, or possessing a trade 
     secret or proprietary information that has been stolen or 
     appropriated, obtained, or converted without the 
     authorization of the owner of the trade secret or proprietary 
     information.
       (4) 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.
       (5) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 401a(4)).
       (6) Own.--The term ``own'', with respect to a trade secret 
     or proprietary information, means to hold rightful legal or 
     equitable title to, or license in, the trade secret or 
     proprietary information.
       (7) Person.--The term ``person'' means an individual or 
     entity.
       (8) Proprietary information.--The term ``proprietary 
     information'' means competitive bid preparations, negotiating 
     strategies, executive emails, internal financial data, 
     strategic business plans, technical designs, manufacturing 
     processes, source code, data derived from research and 
     development investments, and other commercially valuable 
     information that a person has developed or obtained if--
       (A) the person has taken reasonable measures to keep the 
     information confidential; and
       (B) the information is not generally known or readily 
     ascertainable through proper means by the public.
       (9) Technology.--The term ``technology'' has the meaning 
     given that term in section 16 of the Export Administration 
     Act of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.)).
       (10) Trade secret.--The term ``trade secret'' has the 
     meaning given that term in section 1839 of title 18, United 
     States Code.
       (11) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a citizen or resident of the 
     United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States.
                                 ______
                                 
  SA 2467. Mr. ROCKEFELLER (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:

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

     SEC. 514. PHYSICAL EXAMINATIONS AND MENTAL HEALTH SCREENINGS 
                   FOR CERTAIN MEMBERS UNDERGOING SEPARATION FROM 
                   THE ARMED FORCES WHO ARE NOT OTHERWISE ELIGIBLE 
                   FOR SUCH EXAMINATIONS.

       (a) In General.--The Secretary of the military department 
     concerned shall provide a physical examination and a mental 
     health screening to each member of the Armed Forces who, 
     after a period of active duty of more than 180 days, is 
     undergoing separation from the Armed Forces and is not 
     otherwise provided such an examination or screening in 
     connection with such separation from the Department of 
     Defense or the Department of Veterans Affairs.
       (b) No Right to Health Care Benefits.--The provision of a 
     physical examination or mental health screening to a member 
     under subsection (a) shall not, by itself, entitle the member 
     to any other health care benefits from the Department of 
     Defense or the Department of Veterans Affairs.
       (c) Funding.--Funds for the provision of physical 
     examinations and mental health screenings under this section 
     shall be derived from funds otherwise authorized to be 
     appropriated for the military department concerned for the 
     provision of health care to members of the Armed Forces.

     SEC. 515. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO 
                   PROVIDE ELECTRONIC COPY OF MEMBER SERVICE 
                   TREATMENT RECORDS TO MEMBERS SEPARATING FROM 
                   THE ARMED FORCES.

       (a) Report Required.--Not later than six months after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report setting forth an assessment 
     of the capacity of the Department of Defense to provide each 
     member of the Armed Forces who is undergoing separation from 
     the Armed Forces an electronic copy of the member's service 
     treatment record at the time of separation.
       (b) Matters Relating to the National Guard.--The assessment 
     under subsection (a) with regards to members of the National

[[Page S8480]]

     Guard shall include an assessment of the capacity of the 
     Department to ensure that the electronic copy of a member's 
     service treatment record includes health records maintained 
     by each State or territory in which the member served.
                                 ______
                                 
  SA 2468. Mr. MARKEY (for himself 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 C of title I, add the following:

     SEC. 126. UPDATE OF COST ESTIMATES FOR SSBN(X) SUBMARINE 
                   PROGRAM ALTERNATIVES.

       (a) Report on Update Required.--
       (1) In general.--Not later than March 31, 2014, the 
     Secretary of the Navy shall submit to the congressional 
     defense committees a report setting forth an update of the 
     cost estimates prepared under subsection (a)(1) section 242 
     of the National Defense Authorization Act for Fiscal Year 
     2012 (Public Law 112-81; 125 Stat. 1343) for each option 
     considered under subsection (b) of that section for purposes 
     of the report under that section on the Ohio-class 
     replacement ballistic missile submarine. The update shall 
     specify how the cost updates account for differences in 
     survivability, targeting responsiveness and flexibility, 
     responsiveness to future threats, and such other matters as 
     the Secretary considers important in comparing the options.
       (2) Form.--Each updated cost estimate in the report under 
     paragraph (1) shall be submitted in an unclassified form that 
     may be made available to the public. Other information from 
     the update may be submitted in classified form.
       (b) Comptroller General Report.--Not later than 90 days 
     after the date of the submittal under subsection (a) of the 
     report required by that subsection, 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 accuracy of the updated cost 
     estimates in the report under subsection (a).
       (c) Sense of Congress on Need for SSBN(X).--
       (1) Finding.--Congress finds that the Chief of Naval 
     Operations has assessed the SSBN(X) program as the highest 
     priority of the Navy.
       (2) Sense of congress.--It is the sense of Congress that 
     continuing the SSBN(X) program is critical to modernizing the 
     nuclear deterrent fleets of the United States and the United 
     Kingdom.
                                 ______
                                 
  SA 2469. Mr. CASEY (for himself, Mr. Toomey, 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 XV, add the following:

     SEC. 1534. ELECTRICAL AND FIRE SAFETY ENHANCEMENT.

       (a) Review.--The Secretary of Defense shall conduct a 
     review of electrical safety and fire prevention incidents in 
     United States controlled and occupied non-permanent 
     facilities in the United States Central Command area of 
     responsibility since 2001 and use the resulting lessons 
     learned to develop necessary policy, training, and doctrine 
     for purposes of institutionalizing this knowledge for current 
     and future combat operations.
       (b) Elements.--The review required under subsection (a) 
     shall include the following elements:
       (1) An assessment of all known electrical or fire related 
     deaths of members of the Armed Forces that have occurred in 
     United States controlled and occupied non-permanent 
     facilities in Afghanistan and Iraq.
       (2) Recommendations for improving electrical and fire 
     protection safety in United States controlled and occupied 
     non-permanent facilities used in overseas military 
     operations.
       (c) Revised Guidelines for Uniform Facilities Criteria.--
     Not later than 90 days after completion of the review 
     required under subsection (a), the findings and 
     recommendations of the review shall be incorporated, as 
     appropriate, in revised guidelines in the Uniform Facilities 
     Criteria, or other relevant policy, training, and doctrine 
     publications, governing non-permanent facilities in support 
     of military operations.
       (d) Report.--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 a report on the 
     review conducted under subsection (a).
                                 ______
                                 
  SA 2470. Mrs. FEINSTEIN 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:

                TITLE __--FISA IMPROVEMENTS ACT OF 2013

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``FISA Improvements Act of 
     2013''.

     SEC. __02. SUPPLEMENTAL PROCEDURES FOR ACQUISITION OF CERTAIN 
                   BUSINESS RECORDS FOR COUNTERTERRORISM PURPOSES.

       (a) Supplemental Procedures for Acquisition of Certain 
     Business Records for International Terrorism 
     Investigations.--Section 501 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861) is amended by 
     adding at the end the following:
       ``(i) General Prohibition on Bulk Collection of 
     Communication Records.--No order issued pursuant to an 
     application made under subsection (a) may authorize the 
     acquisition in bulk of wire communication or electronic 
     communication records from an entity that provides an 
     electronic communication service to the public if such order 
     does not name or otherwise identify either individuals or 
     facilities, unless such order complies with the supplemental 
     procedures under subsection (j).
       ``(j) Authorization for Bulk Collection of Non-content 
     Metadata.--
       ``(1) Supplemental procedures.--Any order directed to the 
     Government under subsection (a) that authorizes the 
     acquisition in bulk of wire communication or electronic 
     communication records, which shall not include the content of 
     such communications, shall be subject to supplemental 
     procedures, which are in addition to any other requirements 
     or procedures imposed by this Act, as follows:
       ``(A) Content prohibition.--Such an order shall not 
     authorize the acquisition of the content of any 
     communication.
       ``(B) Authorization and renewal periods.--Such an order--
       ``(i) shall be effective for a period of not more than 90 
     days; and
       ``(ii) may be extended by the court on the same basis as an 
     original order upon an application under this title for an 
     extension and new findings by the court in accordance with 
     subsection (c).
       ``(C) Security procedures for acquired data.--Information 
     acquired pursuant to such an order (other than information 
     properly returned in response to a query under subparagraph 
     (D)(iii)) shall be retained by the Government in accordance 
     with security procedures approved by the court in a manner 
     designed to ensure that only authorized personnel will have 
     access to the information in the manner prescribed by this 
     section and the court's order.
       ``(D) Limited access to data.--Access to information 
     retained in accordance with the procedures described in 
     subparagraph (C) shall be prohibited, except for access--
       ``(i) to perform a query using a selector for which a 
     recorded determination has been made that there is a 
     reasonable articulable suspicion that the selector is 
     associated with international terrorism or activities in 
     preparation therefor;
       ``(ii) to return information as authorized under paragraph 
     (3); or
       ``(iii) as may be necessary for technical assurance, data 
     management or compliance purposes, or for the purpose of 
     narrowing the results of queries, in which case no 
     information produced pursuant to the order may be accessed, 
     used, or disclosed for any other purpose, unless the 
     information is responsive to a query authorized under 
     paragraph (3).
       ``(2) Record requirement.--
       ``(A) Determination.--For any determination made pursuant 
     to paragraph (1)(D)(i), a record shall be retained of the 
     selector, the identity of the individual who made the 
     determination, the date and time of the determination, and 
     the information indicating that, at the time of the 
     determination, there was a reasonable articulable suspicion 
     that the selector was associated with international terrorism 
     or activities in preparation therefor.
       ``(B) Query.--For any query performed pursuant to paragraph 
     (1)(D)(i), a record shall be retained of the identity of the 
     individual who made the query, the date and time of the 
     query, and the selector used to perform the query.
       ``(3) Scope of permissible query return information.--For 
     any query performed pursuant to paragraph (1)(D)(i), the 
     query only may return information concerning communications--
       ``(A) to or from the selector used to perform the query;
       ``(B) to or from a selector in communication with the 
     selector used to perform the query; or
       ``(C) to or from any selector reasonably linked to the 
     selector used to perform the query, in accordance with the 
     court approved minimization procedures required under 
     subsection (g).
       ``(4) Limits on personnel authorized to make determinations 
     or perform queries.--A court order issued pursuant to an 
     application made under subsection (a), and

[[Page S8481]]

     subject to the requirements of this subsection, shall impose 
     strict, reasonable limits, consistent with operational needs, 
     on the number of Government personnel authorized to make a 
     determination or perform a query pursuant to paragraph 
     (1)(D)(i). The Director of National Intelligence shall ensure 
     that each such personnel receives comprehensive training on 
     the applicable laws, policies, and procedures governing such 
     determinations and queries prior to exercising such 
     authority.
       ``(5) Automated reporting.--
       ``(A) Requirement for automated reporting.--The Director of 
     the National Intelligence, in consultation with the head of 
     the agency responsible for acquisitions pursuant to orders 
     subject to the requirements of this subsection, shall 
     establish a technical procedure whereby the aggregate number 
     of queries performed pursuant to this subsection in the 
     previous quarter shall be recorded automatically, and 
     subsequently reported to the appropriate committees of 
     Congress.
       ``(B) Availability upon request.--The information reported 
     under subparagraph (A) shall be available to each of the 
     following upon request:
       ``(i) The Inspector General of the National Security 
     Agency.
       ``(ii) The Inspector General of the Intelligence Community.
       ``(iii) The Inspector General of the Department Justice.
       ``(iv) Appropriate officials of the Department of Justice.
       ``(v) Appropriate officials of the National Security 
     Agency.
       ``(vi) The Privacy and Civil Liberties Oversight Board.
       ``(6) Court review of records.--
       ``(A) Requirement to provide records.--In accordance with 
     minimization procedures required by subsection (g), and 
     subject to subparagraph (B), a copy of each record for a 
     determination prepared pursuant to paragraph (2)(A) shall be 
     promptly provided to the court established under section 
     103(a).
       ``(B) Records associated with united states persons.--In 
     accordance with minimization procedures required by 
     subsection (g), a copy of each record for a determination 
     prepared pursuant to paragraph (2)(A) that is reasonably 
     believed to be associated with a particular, known United 
     States person shall be promptly provided the court 
     established under section 103(a), but no more than 7 days 
     after the determination.
       ``(C) Remedy for improper determinations.--If the court 
     finds that the record of the determination indicates the 
     determination did not meet the requirements of this section 
     or is otherwise unlawful, the court may order that production 
     of records under the applicable order be terminated or 
     modified, that the information returned in response to 
     queries using the selector identified in the determination be 
     destroyed, or another appropriate remedy.
       ``(7) Record retention and query restrictions.--
       ``(A) Record retention.--All records and information 
     produced pursuant to an order subject to this subsection, 
     other than the results of queries as described in paragraph 
     (3), shall be retained no longer than 5 years from the date 
     of acquisition.
       ``(B) Query restrictions.--The Government shall not query 
     any data acquired under this subsection and retained in 
     accordance with the procedures described in paragraph (1)(C) 
     more than 3 years after such data was acquired unless the 
     Attorney General determines that the query meets the standard 
     set forth in paragraph (1)(D)(i).
       ``(8) Congressional oversight.--A copy of each order issued 
     pursuant to an application made under subsection (a), and 
     subject to the requirements of this subsection, shall be 
     provided to the appropriate committees of Congress.
       ``(9) Definitions.--In this subsection:
       ``(A) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(i) the Committee on the Judiciary and the Select 
     Committee on Intelligence of the Senate; and
       ``(ii) the Committee on the Judiciary and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(B) Content.--The term `content', with respect to a 
     communication--
       ``(i) means any information concerning the substance, 
     purport, or meaning of that communication; and
       ``(ii) does not include any dialing, routing, addressing, 
     signaling information.
       ``(C) Electronic communication.--The term `electronic 
     communication' has the meaning given that term in section 
     2510 of title 18, United States Code.
       ``(D) Electronic communication service.--The term 
     `electronic communication service' has the meaning given that 
     term in section 2510 of title 18, United States Code.
       ``(E) Selector.--The term `selector' means an identifier, 
     such as a phone number or electronic account identifier, that 
     is associated with a particular communicant or facility.
       ``(F) United states person.--The term `United States 
     person' has the meaning given that term in section 101 of 
     this Act.
       ``(G) Wire communication.--The term `wire communication' 
     has the meaning given that term in section 2510 of title 18, 
     United States Code.''.
       (b) Annual Unclassified Report.--Section 502(c)(1) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1862(c)(1)) is amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) for each order subject to the supplemental procedures 
     under section 501(j)--
       ``(i) the number of unique selectors for which a recorded 
     determination has been made under section 501(j)(1)(D)(i) 
     that reasonable articulable suspicion exists that the 
     selector is associated with international terrorism or 
     activities in preparation therefor;
       ``(ii) the aggregate number of queries performed pursuant 
     to such section;
       ``(iii) the aggregate number of investigative leads 
     developed as a direct result of any query performed pursuant 
     to subsection (j)(1)(D)(i); and
       ``(iv) the aggregate number of warrants or court orders, 
     based upon a showing of probable cause, issued pursuant to 
     title I or III of this Act or chapter 119, 121, or 205 of 
     title 18, United States Code, in response to applications for 
     such warrants or court orders containing information produced 
     by such queries.''.

     SEC. __03. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZED 
                   ACCESS TO COLLECTED DATA.

       Section 1030 of title 18, United States Code, is amended as 
     follows:
       (1) Subsection (a) is amended--
       (A) in paragraph (5)(C), by striking the period at the end 
     and inserting a semicolon;
       (B) in paragraph (7)(C), by adding ``or'' at the end; and
       (C) by inserting after paragraph (7)(C) the following:
       ``(8) accesses a computer without authorization or exceeds 
     authorized access and thereby obtains information from any 
     department or agency of the United States knowing or having 
     reason to know that such computer was operated by or on 
     behalf of the United States and that such information was 
     acquired by the United States pursuant to the Foreign 
     Intelligence Surveillance Act (50 U.S.C. 1801 et seq.) 
     pursuant to an order issued by a court established under 
     section 103 of that Act (50 U.S.C. 1803).''.
       (2) Subsection (c) is amended--
       (A) in paragraph (4)(G)(ii), by striking the period at the 
     end and inserting a semicolon and ``or''; and
       (B) by adding at the end the following:
       ``(5) a fine under this title, imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(8) of this section.''.

     SEC. __04. APPOINTMENT OF AMICUS CURIAE.

       Section 103 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1803) is amended by adding at the end the 
     following:
       ``(i) Amicus Curiae.--
       ``(1) Authorization.--Notwithstanding any other provision 
     of law, a court established under subsection (a) or (b) is 
     authorized, consistent with the requirement of subsection (c) 
     and any other statutory requirement that the court act 
     expeditiously or within a stated time, to appoint amicus 
     curiae to assist the court in the consideration of a covered 
     application.
       ``(2) Definitions.--In this subsection:
       ``(A) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(i) the Committee on the Judiciary and the Select 
     Committee on Intelligence of the Senate; and
       ``(ii) the Committee on the Judiciary and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(B) Covered application.--The term `covered application' 
     means an application for an order or review made to a court 
     established under subsection (a) or (b)--
       ``(i) that, in the opinion of such a court, presents a 
     novel or significant interpretation of the law; and
       ``(ii) that is--

       ``(I) an application for an order under this title, title 
     III, IV, or V of this Act, or section 703 or 704 of this Act;
       ``(II) a review of a certification or procedures under 
     section 702 of this Act; or
       ``(III) a notice of non-compliance with any such order, 
     certification, or procedures.

       ``(3) Designation.--The courts established by subsection 
     (a) and (b) shall each designate 1 or more individuals who 
     have been determined by appropriate executive branch 
     officials to be eligible for access to classified national 
     security information, including sensitive compartmented 
     information, who may be appointed to serve as amicus curiae. 
     In appointing an amicus curiae pursuant to paragraph (1), the 
     court may choose from among those so designated.
       ``(4) Expertise.--An individual appointed as an amicus 
     curiae under paragraph (1) may be a special counsel or an 
     expert on privacy and civil liberties, intelligence 
     collection, telecommunications, or any other area that may 
     lend legal or technical expertise to the court.
       ``(5) Duties.--An amicus curiae appointed under paragraph 
     (1) to assist with the consideration of a covered application 
     shall carry out the duties assigned by the appointing court. 
     That court may authorize, to the extent consistent with the 
     case or controversy requirements of Article III of the 
     Constitution of the United States and the national security 
     of the United States, the amicus curiae to review any 
     application, certification, petition, motion, or other 
     submission that the court determines is relevant to the 
     duties assigned by the court.
       ``(6) Notification.--A court established under subsection 
     (a) or (b) shall notify the

[[Page S8482]]

     Attorney General of each exercise of the authority to appoint 
     an amicus curiae under paragraph (1).
       ``(7) Assistance.--A court established under subsection (a) 
     or (b) may request and receive (including on a non-
     reimbursable basis) the assistance of the executive branch in 
     the implementation of this subsection.
       ``(8) Administration.--A court established under subsection 
     (a) or (b) may provide for the designation, appointment, 
     removal, training, support, or other administration of an 
     amicus curiae appointed under paragraph (1) in a manner that 
     is not inconsistent with this subsection.
       ``(9) Congressional oversight.--The Attorney General shall 
     submit to the appropriate committees of Congress an annual 
     report on the number of notices described in paragraph (6) 
     received by Attorney General for the preceding 12-month 
     period.''.

     SEC. __05. CONSOLIDATION OF CONGRESSIONAL OVERSIGHT 
                   PROVISIONS UNDER THE FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978.

       (a) Repeal of Congressional Oversight Provisions.--
       (1) Repeal.--The Foreign Intelligence Surveillance Act of 
     1978 is amended by striking sections 107, 108, 306, and 406 
     (50 U.S.C. 1807, 1808, 1826, and 1846).
       (2) Table of contents amendment.--The table of contents in 
     the first section of the Foreign Intelligence Surveillance 
     Act of 1978 is amended by striking the items relating to 
     sections 107, 108, 306, and 406.
       (b) Semiannual Report of the Attorney General.--Section 601 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1871) is amended to read as follows:

     ``SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.

       ``(a) In General.--
       ``(1) Information.--On a semiannual basis, the Attorney 
     General shall submit to the appropriate committees of 
     Congress a report pursuant to paragraph (2) concerning all 
     electronic surveillance, physical searches, and uses of pen 
     registers and trap and trace devices conducted under this 
     Act.
       ``(2) Report.--The report required by paragraph (1) shall 
     include the following:
       ``(A) Electronic surveillance.--The total number of--
       ``(i) applications made for orders approving electronic 
     surveillance under this Act;
       ``(ii) such orders either granted, modified, or denied;
       ``(iii) proposed applications for orders for electronic 
     surveillance submitted pursuant to Rule 9(a) of the Rules of 
     Procedure for the Foreign Intelligence Surveillance Court, or 
     any successor rule, that are not formally presented in the 
     form of a final application under Rule 9(b) of the Rules of 
     Procedure for the Foreign Intelligence Surveillance Court, or 
     any successor rule;
       ``(iv) named United States person targets of electronic 
     surveillance;
       ``(v) emergency authorizations of electronic surveillance 
     granted under this Act and the total number of subsequent 
     orders approving or denying such electronic surveillance; and
       ``(vi) new compliance incidents arising from electronic 
     surveillance under this Act.
       ``(B) Physical searches.--The total number of--
       ``(i) applications made for orders approving physical 
     search under this Act;
       ``(ii) such orders either granted, modified, or denied;
       ``(iii) proposed applications for orders for physical 
     searches submitted pursuant to Rule 9(a) of the Rules of 
     Procedure for the Foreign Intelligence Surveillance Court, or 
     any successor rule, that are not formally presented in the 
     form of a final application under Rule 9(b) of the Rules of 
     Procedure for the Foreign Intelligence Surveillance Court, or 
     any successor rule;
       ``(iv) named United States person targets of physical 
     searches;
       ``(v) emergency authorizations of physical searches granted 
     under this Act and the total number of subsequent orders 
     approving or denying such physical searches; and
       ``(vi) new compliance incidents arising from physical 
     searches under this Act.
       ``(C) Pen register and trap and trace devices.--The total 
     number of--
       ``(i) applications made for orders approving the use of pen 
     registers or trap and trace devices under this Act;
       ``(ii) such orders either granted, modified, or denied;
       ``(iii) proposed applications for orders for pen registers 
     or trap and trace devices submitted pursuant to Rule 9(a) of 
     the Rules of Procedure for the Foreign Intelligence 
     Surveillance Court, or any successor rule, that are not 
     formally presented in the form of a final application under 
     Rule 9(b) of the Rules of Procedure for the Foreign 
     Intelligence Surveillance Court, or any successor rule;
       ``(iv) named United States person targets of pen registers 
     or trap and trace devices;
       ``(v) emergency authorizations of the use of pen registers 
     or trap and trace devices granted under this Act and the 
     total number of subsequent orders approving or denying such 
     use of pen registers or trap and trace devices; and
       ``(vi) new compliance incidents arising from the use of pen 
     registers or trap and trace devices under this Act.
       ``(D) Compliance incidents.--A summary of each compliance 
     incident reported under subparagraphs (A)(vi), (B)(vi), and 
     (C)(vi).
       ``(E) Significant legal interpretations.--A summary of 
     significant legal interpretations of this Act involving 
     matters before the Foreign Intelligence Surveillance Court or 
     the Foreign Intelligence Surveillance Court of Review, 
     including interpretations presented in applications or 
     pleadings filed with the Foreign Intelligence Surveillance 
     Court or the Foreign Intelligence Surveillance Court of 
     Review.
       ``(b) Submissions of Significant Decisions, Orders, and 
     Opinions.--The Attorney General shall submit to the 
     appropriate committees of Congress a copy of any decision, 
     order, or opinion issued by the Foreign Intelligence 
     Surveillance Court or the Foreign Intelligence Surveillance 
     Court of Review that includes a significant construction or 
     interpretation of any provision of this Act, and any 
     pleadings, applications, or memoranda of law associated with 
     such decision, order, or opinion, not later than 45 days 
     after such decision, order, or opinion is issued.
       ``(c) Protection of National Security.--The Director of 
     National Intelligence, in consultation with the Attorney 
     General, may authorize redactions of materials described in 
     subsection (b) that are provided to the appropriate 
     committees of Congress if such redactions are necessary to 
     protect properly classified information.
       ``(d) Availability to Members of Congress.--Consistent with 
     the rules and practices of the Senate and the House of 
     Representatives, each report submitted pursuant to subsection 
     (a)(2) and each submission made pursuant to subsection (b) 
     shall be made available to every member of Congress, subject 
     to appropriate procedures for the storage and handling of 
     classified information.
       ``(e) Public Report.--
       ``(1) In general.--Subject to paragraph (2), the Attorney 
     General, in consultation with the Director of National 
     Intelligence, shall make available to the public an 
     unclassified annual summary of the reports submitted under 
     subsection (a) that, to the maximum extent practicable 
     consistent with the protection of classified information, 
     includes the information contained in the report submitted 
     pursuant to subsection (a)(2).
       ``(2) Minimum requirements.--In each report made available 
     to the public under paragraph (1), the Attorney General shall 
     include, at a minimum, the information required under 
     subparagraphs (A), (B), and (C) of subsection (a)(2), which 
     may be presented as annual totals.
       ``(f) Construction.--Nothing in this title may be construed 
     to limit the authority and responsibility of an appropriate 
     committee of Congress to obtain any information required by 
     such committee to carry out its functions and duties.
       ``(g) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Select Committee on Intelligence and the 
     Committee on the Judiciary of the Senate; and
       ``(B) the Permanent Select Committee on Intelligence and 
     the Committee on the Judiciary of the House of 
     Representatives.
       ``(2) Electronic surveillance.--The term `electronic 
     surveillance' has the meaning given that term in section 101 
     of this Act.
       ``(3) Foreign intelligence surveillance court.--The term 
     `Foreign Intelligence Surveillance Court' means the court 
     established under section 103(a) of this Act.
       ``(4) Foreign intelligence surveillance court of review.--
     The term `Foreign Intelligence Surveillance Court of Review' 
     means the court established under section 103(b) of this Act.
       ``(5) Pen register.--The term `pen register' has the 
     meaning given that term in section 401 of this Act.
       ``(6) Physical search.--The term `physical search' has the 
     meaning given that term in section 301 of this Act.
       ``(7) Trap and trace device.--The term `trap and trace 
     device' has the meaning given that term in section 401 of 
     this Act.
       ``(8) United states person.--The term `United States 
     person' has the meaning given that term in section 101 of 
     this Act.''.
       (c) Availability or Reports and Submissions.--
       (1) In general.--Title VI of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1871) is amended by 
     adding after section 601 the following:

     ``SEC. 602. AVAILABILITY OF REPORTS AND SUBMISSIONS.

       ``(a) Availability to Members of Congress.--Consistent with 
     the rules and practices of the Senate and the House of 
     Representatives, each submission to Congress made pursuant to 
     section 502(b), 702(l)(1), or 707 shall be made available, to 
     every member of Congress, subject to appropriate procedures 
     for the storage and handling of classified information.
       ``(b) Public Report.--The Attorney General or the Director 
     of National Intelligence, as appropriate, shall make 
     available to the public unclassified reports that, to the 
     maximum extent practicable consistent with the protection of 
     classified information, include the information contained in 
     each submission to Congress made pursuant to section 502(b), 
     702(l)(1), or 707.''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the Foreign Intelligence Surveillance 
     Act of 1978 is amended by inserting after the item relating 
     to section 601 the following:

``Sec. 602. Availability of reports and submissions.''.

[[Page S8483]]

     SEC. __06. RESTRICTIONS ON QUERYING THE CONTENTS OF CERTAIN 
                   COMMUNICATIONS.

       Section 702 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1881a) is amended by adding at the end the 
     following:
       ``(m) Queries.--
       ``(1) Limitation on query terms that identify a united 
     states person.--A query of the contents of communications 
     acquired under this section with a selector known to be used 
     by a United States person may be conducted by personnel of 
     elements of the Intelligence Community only if the purpose of 
     the query is to obtain foreign intelligence information or 
     information necessary to understand foreign intelligence 
     information or to assess its importance.
       ``(2) Record.--
       ``(A) In general.--For any query performed pursuant to 
     paragraph (1) a record shall be retained of the identity of 
     the Government personnel who performed the query, the date 
     and time of the query, and the information indicating that 
     the purpose of the query was to obtain foreign intelligence 
     information or information necessary to understand foreign 
     intelligence information or to assess its importance.
       ``(B) Availability.--Each record prepared pursuant to 
     subparagraph (A) shall be made available to the Department of 
     Justice, the Office of the Director of National Intelligence, 
     appropriate Inspectors General, the Foreign Intelligence 
     Surveillance Court, and the appropriate committees of 
     Congress.
       ``(3) Construction.--Nothing in this subsection may be 
     construed--
       ``(A) to prohibit access to data collected under this 
     section as may be necessary for technical assurance, data 
     management or compliance purposes, or for the purpose of 
     narrowing the results of queries, in which case no 
     information produced pursuant to the order may be accessed, 
     used, or disclosed other than for such purposes;
       ``(B) to limit the authority of a law enforcement agency to 
     conduct a query for law enforcement purposes of the contents 
     of communications acquired under this section; or
       ``(C) to limit the authority of an agency to conduct a 
     query for the purpose of preventing a threat to life or 
     serious bodily harm to any person.
       ``(4) Definitions.--In this subsection:
       ``(A) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(i) the Select Committee on Intelligence and the 
     Committee on the Judiciary of the Senate; and
       ``(ii) the Permanent Select Committee on Intelligence and 
     the Committee on the Judiciary of the House of 
     Representatives.''.
       ``(B) Content.--The term `content', with respect to a 
     communication--
       ``(i) means any information concerning the substance, 
     purport, or meaning of that communication; and
       ``(ii) does not include any dialing, routing, addressing, 
     or signaling information.
       ``(C) Selector.--The term `selector' means an identifier, 
     such as a phone number or electronic account identifier, that 
     is associated with a particular communicant or facility.''.

     SEC. __07. TEMPORARY TARGETING OF PERSONS OTHER THAN UNITED 
                   STATES PERSONS TRAVELING INTO THE UNITED 
                   STATES.

       (a) In General.--Section 105 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1805) is 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:
       ``(f)(1) Notwithstanding any other provision of this Act, 
     acquisition of foreign intelligence information by targeting 
     a non-United States person reasonably believed to be located 
     outside the United States that was lawfully initiated by an 
     element of the intelligence community may continue for a 
     transitional period not to exceed 72 hours from the time when 
     it is recognized that the non-United States person is 
     reasonably believed to be located inside the United States 
     and that the acquisition is subject to this title or title 
     III of this Act, provided that the head of the element 
     determines that there exists an exigent circumstance and--
       ``(A) there is reason to believe that the target of the 
     acquisition has communicated or received or will communicate 
     or receive foreign intelligence information relevant to the 
     exigent circumstance; and
       ``(B) it is determined that a request for emergency 
     authorization from the Attorney General in accordance with 
     the terms of this Act is impracticable in light of the 
     exigent circumstance.
       ``(2) The Director of National Intelligence or the head of 
     an element of the intelligence community shall promptly 
     notify the Attorney General of the decision to exercise the 
     authority under this section and shall request emergency 
     authorization from the Attorney General pursuant to this Act 
     as soon as practicable, to the extent such request is 
     warranted by the facts and circumstances.
       ``(3) Subject to subparagraph (4), the authority under this 
     section to continue acquisition of foreign intelligence 
     information is limited to 72 hours. However, if the Attorney 
     General authorizes an emergency acquisition pursuant to this 
     Act, then acquisition of foreign intelligence information may 
     continue for the period of time that the Attorney General's 
     emergency authorization or any subsequent court order 
     authorizing the acquisition remains in effect.
       ``(4) The authority to acquire foreign intelligence 
     information under this subsection shall terminate upon any of 
     the following, whichever occurs first--
       ``(A) 72 hours have elapsed since the commencement of the 
     transitional period;
       ``(B) the Attorney General has directed that the 
     acquisition be terminated; or
       ``(C) the exigent circumstance is no longer reasonably 
     believed to exist.
       ``(5) If the Attorney General authorizes an emergency 
     authorization during the transitional period, the acquisition 
     of foreign intelligence shall continue during any transition 
     to, and consistent with, the Attorney General emergency 
     authorization or court order.
       ``(6) Any information of or concerning unconsenting United 
     States persons acquired during the transitional period may 
     only be disseminated during the transitional period if 
     necessary to investigate, prevent, reduce, or eliminate the 
     exigent circumstance or if it indicates a threat of death or 
     serious bodily harm to any person.
       ``(7) In the event that during the transition period a 
     request for an emergency authorization from the Attorney 
     General pursuant to this Act for continued acquisition of 
     foreign intelligence is not approved or an order from a court 
     is not obtained to continue the acquisition, information 
     obtained during the transitional period shall not be 
     retained, except with the approval of the Attorney General if 
     the information indicates a threat of death or serious bodily 
     harm to any person.
       ``(8) The Attorney General shall assess compliance with the 
     requirements of paragraph (7).''.
       (b) Notification of Emergency Employment of Electronic 
     Surveillance.--Section 106(j) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1806(j)) is amended by 
     striking ``section 105(e)'' and inserting ``subsection (e) or 
     (f) of section 105''.

     SEC. __08. 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. __09. 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.

[[Page S8484]]

     SEC. __10. ANNUAL REPORTS ON VIOLATIONS OF LAW OR EXECUTIVE 
                   ORDER.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 509. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE 
                   ORDER.

       ``(a) Annual Reports Required.--Not later than April 1 of 
     each year, the Director of National Intelligence shall submit 
     to the congressional intelligence committees a report on 
     violations of law or executive order by personnel of an 
     element of the intelligence community that were identified 
     during the previous calendar year.
       ``(b) Elements.--Each report required subsection (a) shall 
     include a description of any violation of law or executive 
     order (including Executive Order No. 12333 (50 U.S.C. 3001 
     note)) by personnel of an element of the intelligence 
     community in the course of such employment that, during the 
     previous calendar year, was determined by the director, head, 
     general counsel, or inspector general of any element of the 
     intelligence community to have occurred.''.
       (b) Clerical Amendment.--The table of sections in the first 
     section of the National Security Act of 1947 is amended by 
     adding after the section relating to section 508 the 
     following:

``Sec. 509. Annual report on violations of law or executive order.''.

     SEC. __11. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY 
                   PROCEDURES FOR THE ACQUISITION, RETENTION, AND 
                   DISSEMINATION OF INTELLIGENCE.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.), as amended by section __10, is 
     further amended by adding at the end the following:

     ``SEC. 510. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY 
                   PROCEDURES FOR THE ACQUISITION, RETENTION, AND 
                   DISSEMINATION OF INTELLIGENCE.

       ``(a) Head of an Element of the Intelligence Community 
     Defined.--In this section, the term `head of an element of 
     the intelligence community' means, as appropriate--
       ``(1) the head of an element of the intelligence community; 
     or
       ``(2) the head of the department or agency containing such 
     element.
       ``(b) Review of Procedures Approved by the Attorney 
     General.--
       ``(1) Requirement for immediate review.--Each head of an 
     element of the intelligence community that has not obtained 
     the approval of the Attorney General for the procedures, in 
     their entirety, required by section 2.3 of Executive Order 
     12333 (50 U.S.C. 3001 note) within 5 years prior to the date 
     of the enactment of the FISA Improvements Act of 2013, shall 
     initiate, not later than 180 days after such date of 
     enactment, a review of the procedures for such element, in 
     accordance with paragraph (3).
       ``(2) Requirement for review.--Not less frequently than 
     once every 5 years, each head of an element of the 
     intelligence community shall conduct a review of the 
     procedures approved by the Attorney General for such element 
     that are required by section 2.3 of Executive Order 12333 (50 
     U.S.C. 3001 note), or any successor order, in accordance with 
     paragraph (3).
       ``(3) Requirements for reviews.--In coordination with the 
     Director of National Intelligence and the Attorney General, 
     the head of an element of the intelligence community required 
     to perform a review under paragraphs (1) or (2) shall--
       ``(A) review existing procedures for such element that are 
     required by section 2.3 of Executive Order 12333 (50 U.S.C. 
     3001 note), or any successor order, to assess whether--
       ``(i) advances in communications or other technologies 
     since the time the procedures were most recently approved by 
     the Attorney General have affected the privacy protections 
     that the procedures afford to United States persons, to 
     include the protections afforded to United States persons 
     whose nonpublic communications are incidentally acquired by 
     an element of the intelligence community; or
       ``(ii) aspects of the existing procedures impair the 
     acquisition, retention, or dissemination of timely, accurate, 
     and insightful information about the activities, 
     capabilities, plans, and intentions of foreign powers, 
     organization, and persons, and their agents; and
       ``(B) propose any modifications to existing procedures for 
     such element in order to--
       ``(i) clarify the guidance such procedures afford to 
     officials responsible for the acquisition, retention, and 
     dissemination of intelligence;
       ``(ii) eliminate unnecessary impediments to the 
     acquisition, retention, and dissemination of intelligence; or
       ``(iii) ensure appropriate protections for the privacy of 
     United States persons and persons located inside the United 
     States.
       ``(4) Notice.--The Director of National Intelligence and 
     the Attorney General shall notify the congressional 
     intelligence committees following the completion of each 
     review required under this section.
       ``(5) Requirement to provide procedures.--Upon the 
     implementation of any modifications to procedures required by 
     section 2.3 of Executive Order 12333 (50 U.S.C. 3001 note), 
     or any successor order, the head of the element of the 
     intelligence community to which the modified procedures apply 
     shall promptly provide a copy of the modified procedures to 
     the congressional intelligence committees.''.
       (b) Clerical Amendment.--The table of sections in the first 
     section of the National Security Act of 1947, as amended by 
     section __10, is further amended by adding after the section 
     relating to section 509 the following:

``Sec. 510. Periodic review of intelligence community procedures for 
              the acquisition, retention, and dissemination of 
              intelligence.''.

     SEC. __12. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 
                   ENHANCEMENTS RELATING TO THE FOREIGN 
                   INTELLIGENCE SURVEILLANCE ACT OF 1978.

       (a) Definitions.--In this section:
       (1) Appropriate official.--The term ``appropriate 
     official'' means the appropriate official of an agency or 
     department of the United States who is responsible for 
     preparing or submitting a covered application.
       (2) Board.--The term ``Board'' means the Privacy and Civil 
     Liberties Oversight Board established in section 1061 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (42 
     U.S.C. 2000ee).
       (3) Covered application.--The term ``covered application'' 
     means a submission to a FISA Court--
       (A) that--
       (i) presents a novel or significant interpretation of the 
     law; and
       (ii) relates to efforts to protect the United States from 
     terrorism; and
       (B) that is--
       (i) a final application for an order under title I, III, 
     IV, or V of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801 et seq.) or section 703 or 704 of that Act 
     (50 U.S.C. 1881b and 1881c);
       (ii) a review of a certification or procedure under section 
     702 of that Act (50 U.S.C. 1881a); or
       (iii) a notice of non-compliance with such an order, 
     certification, or procedures.
       (4) FISA court.--The term ``FISA Court'' means a court 
     established under subsection (a) or (b) of section 103 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1803).
       (b) Notice of Submissions and Orders.--
       (1) Submission to fisa court.--Notwithstanding any 
     provision of section 103 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1803), if a covered 
     application is filed with a FISA Court, the appropriate 
     official shall provide such covered application to the Board 
     not later than the date of such filing, provided the 
     provision of such covered application does not delay any 
     filing with a FISA Court.
       (2) FISA court orders.--Notwithstanding any provision of 
     section 103 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1803), the appropriate official shall provide 
     to the Board each order of a FISA Court related to a covered 
     application.
       (c) Discretionary Assessment of the Board.--
       (1) Notice of decision to conduct assessment.--Upon receipt 
     of a covered application under subsection (b)(1), the Board 
     shall--
       (A) elect whether to conduct the assessment described in 
     paragraph (3); and
       (B) submit to the appropriate official a notice of the 
     Board's election under subparagraph (A).
       (2) Timely submission.--The Board shall in a timely manner 
     prepare and submit to the appropriate official--
       (A) the notice described in paragraph (1)(B); and
       (B) the associated assessment, if the Board elects to 
     conduct such an assessment.
       (3) Content.--An assessment of a covered application 
     prepared by the Board shall address whether the covered 
     application is balanced with the need to protect privacy and 
     civil liberties, including adequate supervision and 
     guidelines to ensure protection of privacy and civil 
     liberties.
       (d) Annual Review.--The Board shall conduct an annual 
     review of the activities of the National Security Agency 
     related to information collection under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.).
       (e) Provision of Communications Services and Office Space 
     to Certain Members of Privacy and Civil Liberties Oversight 
     Board.--Section 1061(g) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 
     amended by adding at the end the following:
       ``(5) Provision of communications services and office 
     space.--The Director of National Intelligence shall provide 
     to each member of the Board who resides more than 100 miles 
     from the District of Columbia such communications services 
     and office space as may be necessary for the member to access 
     and use classified information. Such services and office 
     space shall be located at an existing secure government or 
     contractor facility located within the vicinity of such 
     member's place of residence.''.
                                 ______
                                 
  SA 2471. Mr. LEAHY (for himself, Ms. Collins, Mr. Coons, Mr. 
Blumenthal, Ms. Landrieu, Mr. Whitehouse, Mr. Merkley, 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 H of title X, add the following:

[[Page S8485]]

     SEC. 1082. BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM 
                   REAUTHORIZATION.

       (a) Short Title.--This section may be cited as the 
     ``Bulletproof Vest Partnership Grant Program Reauthorization 
     Act of 2013''.
       (b) Findings.--Congress finds that--
       (1) according to a report published by the Government 
     Accountability Office--
       (A) since 1987, body armor has saved the lives of more than 
     3,000 law enforcement officers, and continues to serve as a 
     critical safety measure for law enforcement officers; and
       (B) law enforcement officers who do not wear body armor are 
     3.4 times more likely to sustain a fatal injury from a 
     gunshot to the torso than officers who do;
       (2) during the tragic shooting at the Washington Navy Yard 
     Naval Sea Systems Command on September 16, 2013, a 
     Washington, D.C. law enforcement officer was shot twice in 
     the torso and was saved by his protective vest;
       (3) in 2012, protective vests were directly responsible for 
     saving the lives of at least 33 law enforcement officers;
       (4) body armor is an effective tool in helping to protect 
     law enforcement officers; and
       (5) since 1999, the Bulletproof Vest Partnership has helped 
     State and local law enforcement agencies purchase more than 
     1,000,000 protective vests.
       (c) Extension of Authorization of Appropriations for 
     Bulletproof Vest Partnership Grant Program.--Section 
     1001(a)(23) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by 
     striking ``part Y,'' and all that follows and inserting the 
     following: ``part Y--
       ``(A) $15,000,000 for each of fiscal years 2014 and 2015; 
     and
       ``(B) $30,000,000 for each of fiscal years 2016, 2017, and 
     2018.''.
       (d) Expiration of Previously Appropriated Funds.--Section 
     2501 of title I of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796ll) is amended by adding at the 
     end the following:
       ``(h) Expiration of Previously Appropriated Funds.--
       ``(1) Definition.--In this subsection, the term `previously 
     appropriated funds' means any amounts that--
       ``(A) were appropriated for any of fiscal years 1999 
     through 2012 to carry out this part; and
       ``(B) on the date of enactment of the Bulletproof Vest 
     Partnership Grant Program Reauthorization Act of 2013, are 
     available to be expended and have not been expended, 
     including funds that were previously obligated but 
     undisbursed.
       ``(2) Expiration.--All previously appropriated funds that 
     are not expended by September 30, 2015 shall be transferred 
     to the General Fund of the Treasury not later than January 
     15, 2016.''.
       (e) Sense of Congress on 2-year Limitation on Funds.--It is 
     the sense of Congress that amounts made available to carry 
     out part Y of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796ll et seq.) should be made 
     available through the end of the first fiscal year following 
     the fiscal year for which the amounts are appropriated and 
     should not be made available until expended.
       (f) Matching Funds Limitation.--Section 2501(f) of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796ll(f)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Limitation on state matching funds.--A State, unit of 
     local government, or Indian tribe may not use funding 
     received under any other Federal grant program to pay or 
     defer the cost, in whole or in part, of the matching 
     requirement under paragraph (1).''.
       (g) Application of Bulletproof Vest Partnership Grant 
     Program Requirements to Any Armor Vest or Body Armor 
     Purchased With Federal Grant Funds.--Section 521 of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3766a) is amended by adding at the end the following:
       ``(c)(1) Notwithstanding any other provision of law, a 
     grantee that uses funds made available under this part to 
     purchase an armor vest or body armor shall--
       ``(A) comply with any requirements established for the use 
     of grants made under part Y;
       ``(B) have a written policy requiring uniformed patrol 
     officers to wear an armor vest or body armor; and
       ``(C) use the funds to purchase armor vests or body armor 
     that meet any performance standards established by the 
     Director of the Bureau of Justice Assistance.
       ``(2) In this subsection, the terms `armor vest' and `body 
     armor' have the same meanings given the terms in section 
     2503.''.
       (h) Uniquely Fitted Armor Vests.--Section 2501(c) of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3796ll(c)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking ``; or'' and inserting 
     ``; and'';
       (3) by redesignating paragraph (4) as paragraph (5); and
       (4) by inserting after paragraph (3) the following:
       ``(4) provides armor vests to law enforcement officers that 
     are uniquely fitted for such officers, including vests 
     uniquely fitted to individual female law enforcement 
     officers; or''.
                                 ______
                                 
  SA 2472. Ms. LANDRIEU (for herself 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 the Department of 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 509 and insert the following:

     SEC. 509. NATIONAL GUARD YOUTH CHALLENGE PROGRAM.

       Section 509 of title 32, United States Code, is amended--
       (1) in subsection (a), by striking ``Secretary of Defense 
     may use'' and inserting ``Chief of the National Guard Bureau 
     shall use'';
       (2) in subsection (b)--
       (A) by striking ``Secretary of Defense'' each place it 
     appears and inserting ``Chief of the National Guard Bureau'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Secretary'' and inserting ``Chief of the National Guard 
     Bureau''; and
       (ii) in subparagraph (A), by striking ``, except that'' and 
     all that follows through ``$62,500,000''; and
       (C) in paragraph (4), by striking ``Secretary may use'' and 
     inserting ``Chief of the National Guard Bureau shall use'';
       (3) in subsection (c)(2), by striking ``Secretary'' and 
     inserting ``Chief of the National Guard Bureau'';
       (4) in subsection (d)(1), by striking ``Secretary of 
     Defense'' and inserting ``Chief of the National Guard 
     Bureau'';
       (5) in subsection (e), by striking ``Secretary of Defense'' 
     and inserting ``Chief of the National Guard Bureau'';
       (6) in subsection (f)(1), by striking ``Secretary of 
     Defense'' and inserting ``Chief of the National Guard 
     Bureau'';
       (7) in subsection (k)--
       (A) by striking ``Secretary of Defense'' and inserting 
     ``Chief of the National Guard Bureau''; and
       (B) by striking ``Secretary'' and inserting ``Chief of the 
     National Guard Bureau''; and
       (8) in subsection (m), by striking ``Secretary of Defense'' 
     and inserting ``Chief of the National Guard Bureau''.
                                 ______
                                 
  SA 2473. Mr. UDALL of Colorado (for himself and Mr. Blunt) 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 HEALTH AND SAFETY RISKS ASSOCIATED WITH 
                   EJECTION SEATS.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Air Force shall 
     submit to the congressional defense committees a report 
     setting forth an assessment of the risks to the health and 
     safety of members of the Armed Forces of the ejection seats 
     currently in operational use by the Air Force.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment whether aircrew members wearing advanced 
     helmets, night vision systems, helmet-mounted cueing systems, 
     or other helmet-mounted devices or attachments are at 
     increased risk of serious injury or death during a high-speed 
     ejection sequence.
       (2) An analysis of how ejection seats currently in 
     operational use provide protection against head, neck, and 
     spinal cord injuries during an ejection sequence.
       (3) An analysis of initiatives currently underway within 
     the Air Force to decrease the risk of death or serious injury 
     in an ejection sequence.
       (4) An analysis of programs or initiatives not currently 
     underway within the Air Force that could decrease the risk of 
     death or serious injury in an ejection sequence.
       (5) The status of any testing or qualifications on upgraded 
     ejection seats that may reduce the risk of death or serious 
     injury in an ejection sequence.
                                 ______
                                 
  SA 2474. Mr. TESTER (for himself and Mrs. McCaskill) 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 XI, add the following:

[[Page S8486]]

     SEC. 1109. DUE PROCESS FOR FEDERAL EMPLOYEES SERVING IN 
                   SENSITIVE POSITIONS.

       (a) Amendments.--Section 7701 of title 5, United States 
     Code, is amended--
       (1) by redesignating subsection (k) as subsection (l); and
       (2) by inserting after subsection (j) the following:
       ``(k)(1) The Board has authority to review on the merits an 
     appeal by an employee or applicant for employment of an 
     action arising from a determination that the employee or 
     applicant for employment is ineligibility for a sensitive 
     position if--
       ``(A) the sensitive position does not require a security 
     clearance or access to classified information; and
       ``(B) such action is otherwise appealable.
       ``(2) In this subsection, the term `sensitive position' 
     means a position designated as a sensitive position under 
     Executive Order 10450 (5 U.S.C. 7311 note), or any successor 
     thereto.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to any appeal that is pending on, or commenced on 
     or after, the date of enactment of this Act.
                                 ______
                                 
  SA 2475. Mr. McCAIN (for himself, Mr. Levin, 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 A of title XII, add the following:

     SEC. 1208. ASSISTANCE TO FOSTER NEGOTIATED SETTLEMENT TO 
                   SYRIA CONFLICT.

       (a) Statement of Policy.--It is the policy of the United 
     States to change the military momentum on the battlefield in 
     Syria so as to create favorable conditions for a negotiated 
     settlement that ends the conflict and leads to a democratic 
     government in Syria.
       (b) Authority to Provide Assistance.--Subject to the 
     requirements in subsections (d) and (e), the Secretary of 
     Defense may, with the concurrence of the Secretary of State, 
     provide equipment, supplies, and training to vetted units of 
     the Free Syrian Army, the Supreme Military Council, and other 
     Syrian forces opposed to the government of Bashar al-Assad 
     and the Islamic State of Iraq and Syria (ISIS) for the 
     purpose of conducting military operations inside Syria, with 
     funds made available for foreign assistance.
       (c) Funding.--Not more than $100,000,000 of the amounts 
     authorized to be appropriated by this Act or otherwise made 
     available for the Department of Defense for fiscal year 2014 
     may be used to implement the authority provided under 
     subsection (b).
       (d) Certification Requirement.--Not later than 15 days 
     before obligating or providing the assistance as authorized 
     in subsection (b), the Secretary shall certify to the 
     appropriate congressional committees that--
       (1) based on the information available to the United States 
     Government, the unit or units, including the senior leaders 
     of such unit or units, to whom assistance is being provided, 
     or is planned to be provided, is--
       (A) not an organization or person that has been designated 
     as a foreign terrorist organization pursuant to section 219 
     of the Immigration and Nationality Act (8 U.S.C. 1189) or a 
     ``Specifically Designated Global Terrorist'' pursuant to 
     Executive Order 13224 (66 Fed. Reg. 49079);
       (B) committed to rejecting terrorism, and cooperating with 
     international counterterrorism and nonproliferation efforts;
       (C) opposed to sectarian violence and revenge killings;
       (D) committed to establishing a peaceful, pluralistic, and 
     democratic Syria that respects the human rights and 
     fundamental freedoms of all its citizens; and
       (E) committed to civilian rule, including subordinating the 
     military to civilian authority, and the rule of law for 
     Syria;
       (2) assistance shall be provided in a manner that promotes 
     observance of and respect for human rights and fundamental 
     freedoms, military professionalism, respect for rule of law 
     and the importance of civilian control of the military, 
     rejection of terrorism and extremism, and safeguarding the 
     distribution of humanitarian aid; and
       (3) assistance provided under this section to any specific 
     individual or entity shall immediately be terminated if the 
     United States Government receives credible information that 
     demonstrates that such individual or entity is not in 
     compliance with the terms defined in this subsection.
       (e) Restriction on Anti-aircraft Defensive Systems.--In 
     addition to the requirements provided in subsection (d), 
     anti-aircraft defensive systems may only be transferred as 
     part of the assistance authorized under subsection (b) if the 
     Secretary certifies to the appropriate congressional 
     committees not later than 15 days before providing such 
     systems that--
       (1) the provision of such systems is in the national 
     security interest of the United States;
       (2) the individual to whom anti-aircraft defensive systems 
     are planned to be provided and the unit or entity of which 
     such individual is a member, including the senior leaders of 
     that unit or entity, have no operational ties and no ongoing 
     operational coordination with an organization or person that 
     has been designated as a foreign terrorist organization 
     pursuant to section 219 of the Immigration and Nationality 
     Act (8 U.S.C. 1189);
       (3) all necessary steps have been taken to mitigate the 
     risks to United States national security and the national 
     security of United States partners and allies associated with 
     the transfer of such systems, and to ensure effective end use 
     monitoring, including appropriate disposition of systems; and
       (4) the United States has consulted with regional partners 
     and allies regarding the systems provided.
       (f) Reporting Requirement.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the appropriate congressional 
     committees a classified report on--
       (1) vetting procedures to satisfy the certification 
     requirement in subsection (d)(1);
       (2) an assessment of the current military capacity of 
     opposition forces that are or would be receiving assistance;
       (3) an assessment of the ability of opposition groups to 
     conduct effective military operations and establish effective 
     military control over Syria;
       (4) a description of the financial and material resources 
     currently available to opposition forces;
       (5) an assessment of the extent to which the program is 
     making progress in achieving the stated policy in subsection 
     (a), and furthering the interests of the United States; and
       (6) an outline of the plan to provide assistance to vetted 
     armed opposition that complies with the vetting procedures 
     outlined in paragraph (1).
       (g) Donations.--The Secretary of Defense may accept 
     donations from foreign states to conduct activities pursuant 
     to subsection (a).
       (h) Third Country Assistance.--The Secretary of Defense may 
     provide assistance to a third country to conduct training 
     under subsection (a).
       (i) Sunset Provision.--Unless specifically renewed, the 
     authority described in subsection (a) shall terminate on 
     December 31, 2015.
       (j) 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 2476. Ms. WARREN (for herself and Mr. Rubio) 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. 1083. PROTECTION OF INDIVIDUALS ELIGIBLE FOR INCREASED 
                   PENSION UNDER LAWS ADMINISTERED BY SECRETARY OF 
                   VETERANS AFFAIRS ON BASIS OF NEED FOR REGULAR 
                   AID AND ATTENDANCE.

       (a) Development and Implementation of Standards.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     work with the heads of Federal agencies, States, and such 
     experts as the Secretary considers appropriate to develop and 
     implement Federal and State standards that protect 
     individuals from dishonest, predatory, or otherwise unlawful 
     practices relating to increased pension available to such 
     individuals under chapter 15 of title 38, United States Code, 
     on the basis of need for regular aid and attendance.
       (2) Submittal 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 the standards developed under paragraph (1).
       (b) Conditional Recommendation by Comptroller General.--If 
     the Secretary does not, on or before the date that is 180 
     days after the date of the enactment of this Act, submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives standards that are developed under subsection 
     (a)(1), the Comptroller General of the United States shall, 
     not later than the date that is 1 year after the date of the 
     enactment of this Act, submit to such committees a report 
     containing standards that the Comptroller General determines 
     are standards that would be effective in protecting 
     individuals as described in such subsection.
       (c) Study by Comptroller General.--Not later than 540 days 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall complete a study on 
     standards implemented under this section to protect 
     individuals as described in subsection (a)(1) and submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report containing the

[[Page S8487]]

     findings of the Comptroller General with respect to such 
     study.
                                 ______
                                 
  SA 2477. 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 C of title XII, add the following:

     SEC. 1237. REPORT ON TEAR GAS AND OTHER RIOT CONTROL ITEMS 
                   TRANSFERRED OR SOLD BY THE DEPARTMENT OF 
                   DEFENSE TO FOREIGN GOVERNMENTS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report on the tear gas and other riot control items 
     transferred or sold by the Department of Defense to foreign 
     governments during the five-year period ending on the date of 
     the report.
                                 ______
                                 
  SA 2478. Mr. REED (for himself and Mr. Whitehouse) 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 XXVIII, add the 
     following:

     SEC. 2842. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE 
                   ISLAND.

       Section 2866(a) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2499) is amended by striking ``operation and 
     maintenance of the Fox Point Hurricane Barrier in Providence, 
     Rhode Island.'' and inserting ``operation and maintenance of 
     the Fox Point Hurricane Barrier in Providence, Rhode Island, 
     including operation and maintenance in support of public 
     events requiring specific river elevations in the City of 
     Providence, Rhode Island, except that the City of Providence 
     shall be responsible for paying to the New England District 
     the costs incurred by the District for carrying out operation 
     and maintenance activities required for such public 
     events.''.
                                 ______
                                 
  SA 2479. 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 title XXXV, add the following:

     SEC. 3502. REPORT ON THE READY RESERVE FORCE OF THE MARITIME 
                   ADMINISTRATION.

       (a) Findings.--Congress finds the following:
       (1) It is in the interest of United States national 
     security that the United States merchant marine, both ships 
     and mariners, serve as a naval auxiliary in times of war or 
     national emergency.
       (2) It is important to augment the readiness of the United 
     States merchant fleet with a Government-owned reserve fleet 
     comprised of ships with national defense features that may 
     not be available immediately in sufficient numbers or types 
     in the active United States-owned, United States-flagged, and 
     United States-crewed commercial industry.
       (3) The Ready Reserve Force of the Maritime Administration, 
     a component of the National Defense Reserve Fleet, plays an 
     important role in United States national security by 
     providing necessary readiness and efficiency in the form of a 
     Government-owned sealift fleet.
       (4) A successful dual-use vessel program could provide--
       (A) private sector benefits for the domestic shipbuilding 
     and maritime freight industries; and
       (B) an opportunity to outfit vessels with natural gas 
     engines, lowering long-term fuel costs and emissions.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should maintain a shipbuilding base 
     to meet United States national security requirements;
       (2) the Ready Reserve Force of the Maritime Administration 
     should remain capable, modern, and efficient in order to best 
     serve the national security needs of the United States in 
     times of war or national emergency;
       (3) Federal agencies should consider investment options for 
     replacing aging vessels within the Ready Reserve Force to 
     meet future operational commitments; and
       (4) investment in recapitalizing the Ready Reserve Force 
     should include--
       (A) construction of dual-use vessels, based on need, for 
     use in the America's Marine Highway Program of the Department 
     of Transportation, as a recent study performed under a 
     cooperative agreement between the Maritime Administration and 
     the Navy demonstrated that dual-use vessels transporting 
     domestic freight between United States ports could be called 
     upon to supplement sealift capacity;
       (B) construction of tanker vessels to meet military 
     transport needs; and
       (C) construction of vessels for use in transporting 
     potential new energy exports.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Transportation and 
     the Secretary of the Navy, jointly, shall submit to the 
     congressional defense committees and the Committee on 
     Commerce, Science, and Transportation of the Senate a report 
     on the cost-effectiveness of the recapitalizing methods for 
     the Ready Reserve Force described under subsection (b)(4) 
     that includes an assessment of the risks involved with 
     Federal financing of dual-use vessels.
                                 ______
                                 
  SA 2480. 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 FAMILY MEMBERS OF ABSENT MILITARY 
                   PERSONNEL.

       (a) In General.--Subsection (b) of section 705 of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 595) is 
     amended--
       (1) by striking ``a person who is absent from a State 
     because the person is accompanying the persons's spouse who 
     is absent from that same State in compliance with military or 
     naval orders shall not, solely by reason of that absence'' 
     and inserting ``a dependent of a person who is absent from a 
     State in compliance with military orders shall not, solely by 
     reason of absence, whether or not accompanying that person''; 
     and
       (2) in the heading by striking ``Spouses'' and inserting 
     ``Dependents''.
       (b) Conforming Amendment.--The heading of section 705 of 
     such Act (50 U.S.C. App 595) is amended by striking 
     ``SPOUSES'' and inserting ``DEPENDENTS''.
       (c) Effective Date.--The amendments made by this section 
     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 orders 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 Transmission and Receipt of Absentee 
     Ballots.--
       ``(1) In general.--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 with respect to 
     the transmission to, and receipt of absentee ballots from, 
     uniformed services voters and overseas voters for such 
     election, and shall make such report available to the general 
     public that same day.
       ``(2) Matters included.--The report under paragraph (1) 
     shall include the following information:
       ``(A) 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.
       ``(B) Whether the State failed to transmit any absentee 
     ballots to such voters before the date that is 46 days before 
     the election, and the reason for any such failure.''.

     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

[[Page S8488]]

     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 $30,000 for each such 
     violation, in the case of a first violation; or
       ``(B) in an amount not to exceed $60,000 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) 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) Modification of Time-period to Avoid Weekend 
     Deadlines.--Section 102(a)(8) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff--1(a)(8)(A)) 
     is amended by striking ``45 days'' each place it appears and 
     inserting ``46 days''.
       (b) Requiring Use of Express Delivery in Case of Failure to 
     Meet Requirement.--Section 102 of such Act (42 U.S.C. 
     1973ff--1) is amended by adding at the end the following new 
     subsection:
       ``(j) 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) and no waiver 
     is granted under subsection (g)--
       ``(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 and no waiver is granted under subsection (g), 
     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.''.

     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) 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.
       ``(e) 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).
       ``(f) 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.
       ``(g) 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

[[Page S8489]]

     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 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 30 days, or the period provided by 
     State law, before the date of the election.''.
       (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 30 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 2481. 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

[[Page S8490]]

for defense activities of the Department of 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.

       Upon notification of a reportable incident of child abuse 
     committed by a member of the Armed Forces, notice on such 
     incident shall be submitted to an officer in grade O-6 in the 
     chain of command of the member committing such abuse.
                                 ______
                                 
  SA 2482. Mr. CARPER (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 H of title X, add the following:

     SEC. 1082. CYBERSECURITY RECRUITMENT AND RETENTION.

       (a) In General.--At the end of subtitle C of title II of 
     the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), add 
     the following:

     ``SEC. 226. CYBERSECURITY RECRUITMENT AND RETENTION.

       ``(a) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' `means the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Appropriations of the Senate and the Committee on Homeland 
     Security and the Committee on Appropriations of the House of 
     Representatives.'
       ``(2) Collective bargaining agreement.--The term 
     `collective bargaining agreement' has the meaning given that 
     term in section 7103(a)(8) of title 5, United States Code.
       ``(3) Excepted service.--The term `excepted service' has 
     the meaning given that term in section 2103 of title 5, 
     United States Code.
       ``(4) Preference eligible.--The term `preference eligible' 
     has the meaning given that term in section 2108 of title 5, 
     United States Code.
       ``(5) Qualified position.--The term `qualified position' 
     means a position, designated by the Secretary for the purpose 
     of this section, in which the incumbent performs, manages, or 
     supervises functions that execute the responsibilities of the 
     Department relating to cybersecurity.
       ``(6) Senior executive service.--The term `Senior Executive 
     Service' has the meaning given that term in section 2101a of 
     title 5, United States Code.
       ``(b) General Authority.--
       ``(1) Establish positions, appoint personnel, and fix rates 
     of pay.--
       ``(A) General authority.--The Secretary may--
       ``(i) establish, as positions in the excepted service, such 
     qualified positions in the Department as the Secretary 
     determines necessary to carry out the responsibilities of the 
     Department relating to cybersecurity, including--

       ``(I) senior level positions designated under section 5376 
     of title 5, United States Code; and
       ``(II) positions in the Senior Executive Service;

       ``(ii) appoint an individual to a qualified position (after 
     taking into consideration the availability of preference 
     eligibles for appointment to the position); and
       ``(iii) subject to the requirements of paragraphs (2) and 
     (3), fix the compensation of an individual for service in a 
     qualified position.
       ``(B) Construction with other laws.--The authority of the 
     Secretary under subsection (a) applies without regard to the 
     provisions of any other law relating to the appointment, 
     number, classification, or compensation of employees.
       ``(2) Basic pay.--
       ``(A) Authority to fix rates of basic pay.--In accordance 
     with this section, the Secretary shall fix the rates of basic 
     pay for any qualified position established under paragraph 
     (1) in relation to the rates of pay provided for employees in 
     comparable positions in the Department of Defense and subject 
     to the same limitations on maximum rates of pay established 
     for such employees by law or regulation.
       ``(B) Prevailing rate systems.--The Secretary may, 
     consistent with section 5341 of title 5, United States Code, 
     adopt such provisions of that title as provide for prevailing 
     rate systems of basic pay and may apply those provisions to 
     qualified positions for employees in or under which the 
     Department may employ individuals described by section 
     5342(a)(2)(A) of that title.
       ``(3) Additional compensation, incentives, and 
     allowances.--
       ``(A) Additional compensation based on title 5 
     authorities.--The Secretary may provide employees in 
     qualified positions compensation (in addition to basic pay), 
     including benefits, incentives, and allowances, consistent 
     with, and not in excess of the level authorized for, 
     comparable positions authorized by title 5, United States 
     Code.
       ``(B) Allowances based on living costs and environment.--
       ``(i) In general.--In addition to basic pay, employees in 
     qualified positions who are citizens or nationals of the 
     United States and are stationed outside the continental 
     United States or in Alaska may be paid an allowance, in 
     accordance with regulations prescribed by the Secretary, 
     while they are so stationed.
       ``(ii) Duty stations covered.--An allowance under this 
     subparagraph shall be limited to duty stations where--

       ``(I) living costs are substantially higher than in the 
     District of Columbia; or
       ``(II) conditions of environment--

       ``(aa) differ substantially from conditions of environment 
     in the continental United States, and
       ``(bb) warrant an allowance as a recruitment incentive.
       ``(iii) Limitation.--An allowance under this subparagraph 
     may not exceed the allowance authorized to be paid under 
     section 5941(a) of title 5, United States Code, for employees 
     whose rates of basic pay are fixed by statute.
       ``(4) Plan for execution of authorities.--Not later than 
     120 days after the date of enactment of this section, the 
     Secretary shall submit a report to the appropriate committees 
     of Congress with a plan for the use of the authorities 
     provided under this subsection.
       ``(5) Collective bargaining agreements.--Nothing in 
     paragraph (1) may be construed to impair the continued 
     effectiveness of a collective bargaining agreement with 
     respect to an office, component, subcomponent, or equivalent 
     of the Department that is a successor to an office, 
     component, subcomponent, or equivalent of the Department 
     covered by the agreement before the succession.
       ``(6) Required regulations.--The Secretary, in coordination 
     with the Director of the Office of Personnel Management, 
     shall prescribe regulations for the administration of this 
     section.
       ``(c) Annual Report.--Not later than 1 year after the date 
     of enactment of this section, and every year thereafter for 4 
     years, the Secretary shall submit to the appropriate 
     committees of Congress a detailed report that--
       ``(1) discusses the process used by the Secretary in 
     accepting applications, assessing candidates, ensuring 
     adherence to veterans' preference, and selecting applicants 
     for vacancies to be filled by an individual for a qualified 
     position;
       ``(2) describes--
       ``(A) how the Secretary plans to fulfill the critical need 
     of the Department to recruit and retain employees in 
     qualified positions;
       ``(B) the measures that will be used to measure progress; 
     and
       ``(C) any actions taken during the reporting period to 
     fulfill such critical need;
       ``(3) discusses how the planning and actions taken under 
     paragraph (2) are integrated into the strategic workforce 
     planning of the Department;
       ``(4) provides metrics on actions occurring during the 
     reporting period, including--
       ``(A) the number of employees in qualified positions hired 
     by occupation and grade and level or pay band;
       ``(B) the placement of employees in qualified positions by 
     directorate and office within the Department;
       ``(C) the total number of veterans hired;
       ``(D) the number of separations of employees in qualified 
     positions by occupation and grade and level or pay band;
       ``(E) the number of retirements of employees in qualified 
     positions by occupation and grade and level or pay band; and
       ``(F) the number and amounts of recruitment, relocation, 
     and retention incentives paid to employees in qualified 
     positions by occupation and grade and level or pay band; and
       ``(5) describes the training provided to supervisors of 
     employees in qualified positions at the Department on the use 
     of the new authorities.
       ``(d) Three-Year Probationary Period.--The probationary 
     period for all employees hired under the authority 
     established in this section shall be not less than 3 
     years.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 225 the following:

       ``Sec. 226. Cybersecurity recruitment and retention.''.
                                 ______
                                 
  SA 2483. Mr. MENENDEZ (for himself, Mr. Corker, Mr. Cardin, and 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 XII, add the following:

     SEC. 1208. ASSISTANCE FOR THE GOVERNMENT OF BURMA.

       (a) Limitation.--
       (1) In general.--Except as provided in paragraph (2), no 
     funds authorized to be appropriated by this Act or otherwise 
     made available for fiscal year 2014 for the Department of 
     Defense may be made available for

[[Page S8491]]

     the Government of Burma unless the Secretary of Defense, in 
     concurrence with the Secretary of State, certifies to the 
     appropriate congressional committees that--
       (A) the Government of Burma is taking concrete steps 
     toward--
       (i) establishing appropriate civilian oversight of the 
     armed forces;
       (ii) implementing human rights reform in the Burmese 
     military; and
       (iii) terminating military relations with North Korea;
       (B) the Government of Burma is taking concrete steps to 
     establish a fair, transparent and inclusive process to amend 
     the Constitution of Burma, towards including the full 
     participation of the political opposition and ethnic minority 
     groups; and
       (C) the Burmese military is demonstrating a genuine 
     interest in reform, as reflected by progress towards and 
     adherence to ceasefire agreements, and increased transparency 
     and accountability through activities including establishing 
     or updating a code of conduct, a uniformed code of military 
     justice, an inspector general's office, an ombudsman office, 
     and guidelines for civilian-military relations.
       (2) Exception.--The restriction in paragraph (1) does not 
     apply to--
       (A) consultation, education, and training on human rights, 
     the law of armed conflict, civilian control of the military, 
     rule of law, and other legal training;
       (B) English-language or medical medicine education;
       (C) courses or workshops on regional norms of security 
     cooperation, defense institution reform, and transnational 
     issues such as human trafficking and international crime;
       (D) observation of bilateral or multilateral military 
     exercises;
       (E) the development of Burmese military capability for 
     humanitarian assistance and disaster relief; and
       (F) aid or support for the Government of Burma in the event 
     of a humanitarian crisis or natural disaster.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     concurrence with the Secretary of State, shall submit to the 
     appropriate congressional committees a report, in both 
     classified and unclassified form, on the strategy and plans 
     for military-to-military engagement between the United States 
     Armed Forces and the Burmese military.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A description and assessment of the Government of 
     Burma's strategy for security sector reform.
       (B) The United States strategy for the military-military 
     relationship between the United States and Burma.
       (C) An assessment of the progress of the Burmese military 
     towards implementing human rights reforms, including 
     cooperation with civilian authorities to investigate and 
     resolve cases of human rights violations, including steps 
     taken to demonstrate respect for laws of war and human rights 
     provisions and a description of the elements of the military-
     to-military engagement between the United States and Burma 
     that promote such implementation.
       (D) A list of ongoing military-to-military activities 
     conducted by the United States Government, including a 
     description of each such activity.
       (E) An update on activities that were listed in previous 
     reporting.
       (F) A list of activities that are planned to occur over the 
     upcoming year, with a description of each.
       (G) An assessment of progress on the peaceful settlement of 
     armed conflicts between the Government of Burma and ethnic 
     minority groups, including reducing the military's footprint 
     in conflict areas and a withdrawal to key bases, and shifting 
     internal security duties to the police and other law 
     enforcement entities, and an assessment of Burma's military.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the congressional defense committees and the Committee 
     on Foreign Relations and the Committee on Appropriations of 
     the Senate and the Committee on Foreign Affairs and the 
     Committee on Appropriations of the House of Representatives.
                                 ______
                                 
  SA 2484. Ms. KLOBUCHAR (for herself, Mr. Schumer, Mr. Coons, 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 division C, add the following:

                      TITLE XXXVI--THEFT OF METAL

     SEC. 3601. SHORT TITLE.

       This title may be cited as the ``Metal Theft Prevention Act 
     of 2013''.

     SEC. 3602. DEFINITIONS.

       In this title--
       (1) the term ``critical infrastructure'' has the meaning 
     given the term in section 1016(e) of the Uniting and 
     Strengthening America by Providing Appropriate Tools Required 
     to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 
     2001 (42 U.S.C. 5195c(e));
       (2) the term ``specified metal'' means metal that--
       (A)(i) is marked with the name, logo, or initials of a 
     city, county, State, or Federal government entity, a 
     railroad, an electric, gas, or water company, a telephone 
     company, a cable company, a retail establishment, a beer 
     supplier or distributor, or a public utility; or
       (ii) has been altered for the purpose of removing, 
     concealing, or obliterating a name, logo, or initials 
     described in clause (i) through burning or cutting of wire 
     sheathing or other means; or
       (B) is part of--
       (i) a street light pole or street light fixture;
       (ii) a road or bridge guard rail;
       (iii) a highway or street sign;
       (iv) a water meter cover;
       (v) a storm water grate;
       (vi) unused or undamaged building construction or utility 
     material;
       (vii) a historical marker;
       (viii) a grave marker or cemetery urn;
       (ix) a utility access cover; or
       (x) a container used to transport or store beer with a 
     capacity of 5 gallons or more;
       (C) is a wire or cable commonly used by communications and 
     electrical utilities; or
       (D) is copper, aluminum, and other metal (including any 
     metal combined with other materials) that is valuable for 
     recycling or reuse as raw metal, except for--
       (i) aluminum cans; and
       (ii) motor vehicles, the purchases of which are reported to 
     the National Motor Vehicle Title Information System 
     (established under section 30502 of title 49); and
       (3) the term ``recycling agent'' means any person engaged 
     in the business of purchasing specified metal for reuse or 
     recycling, without regard to whether that person is engaged 
     in the business of recycling or otherwise processing the 
     purchased specified metal for reuse.

     SEC. 3603. THEFT OF SPECIFIED METAL.

       (a) Offense.--It shall be unlawful to knowingly steal 
     specified metal--
       (1) being used in or affecting interstate or foreign 
     commerce; and
       (2) the theft of which is from and harms critical 
     infrastructure.
       (b) Penalty.--Any person who commits an offense described 
     in subsection (a) shall be fined under title 18, United 
     States Code, imprisoned not more than 10 years, or both.

     SEC. 3604. DOCUMENTATION OF OWNERSHIP OR AUTHORITY TO SELL.

       (a) Offenses.--
       (1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for a recycling agent to purchase specified 
     metal described in subparagraph (A) or (B) of section 
     3602(2), unless--
       (A) the seller, at the time of the transaction, provides 
     documentation of ownership of, or other proof of the 
     authority of the seller to sell, the specified metal; and
       (B) there is a reasonable basis to believe that the 
     documentation or other proof of authority provided under 
     subparagraph (A) is valid.
       (2) Exception.--Paragraph (1) shall not apply to a 
     recycling agent that is subject to a State or local law that 
     sets forth a requirement on recycling agents to obtain 
     documentation of ownership or proof of authority to sell 
     specified metal before purchasing specified metal.
       (3) Responsibility of recycling agent.--A recycling agent 
     is not required to independently verify the validity of the 
     documentation or other proof of authority described in 
     paragraph (1).
       (4) Purchase of stolen metal.--It shall be unlawful for a 
     recycling agent to purchase any specified metal that the 
     recycling agent--
       (A) knows to be stolen; or
       (B) should know or believe, based upon commercial 
     experience and practice, to be stolen.
       (b) Civil Penalty.--A person who knowingly violates 
     subsection (a) shall be subject to a civil penalty of not 
     more than $10,000 for each violation.

     SEC. 3605. TRANSACTION REQUIREMENTS.

       (a) Recording Requirements.--
       (1) In general.--Except as provided in paragraph (2), a 
     recycling agent shall maintain a written or electronic record 
     of each purchase of specified metal.
       (2) Exception.--Paragraph (1) shall not apply to a 
     recycling agent that is subject to a State or local law that 
     sets forth recording requirements that are substantially 
     similar to the requirements described in paragraph (3) for 
     the purchase of specified metal.
       (3) Contents.--A record under paragraph (1) shall include--
       (A) the name and address of the recycling agent; and
       (B) for each purchase of specified metal--
       (i) the date of the transaction;
       (ii) a description of the specified metal purchased using 
     widely used and accepted industry terminology;
       (iii) the amount paid by the recycling agent;
       (iv) the name and address of the person to which the 
     payment was made;
       (v) the name of the person delivering the specified metal 
     to the recycling agent, including a distinctive number from a 
     Federal

[[Page S8492]]

     or State government-issued photo identification card and a 
     description of the type of the identification; and
       (vi) the license plate number and State-of-issue, make, and 
     model, if available, of the vehicle used to deliver the 
     specified metal to the recycling agent.
       (4) Repeat sellers.--A recycling agent may comply with the 
     requirements of this subsection with respect to a purchase of 
     specified metal from a person from which the recycling agent 
     has previously purchased specified metal by--
       (A) reference to the existing record relating to the 
     seller; and
       (B) recording any information for the transaction that is 
     different from the record relating to the previous purchase 
     from that person.
       (5) Record retention period.--A recycling agent shall 
     maintain any record required under this subsection for not 
     less than 2 years after the date of the transaction to which 
     the record relates.
       (6) Confidentiality.--Any information collected or retained 
     under this section may be disclosed to any Federal, State, or 
     local law enforcement authority or as otherwise directed by a 
     court of law.
       (b) Purchases in Excess of $100.--
       (1) In general.--Except as provided in paragraph (2), a 
     recycling agent may not pay cash for a single purchase of 
     specified metal of more than $100. For purposes of this 
     paragraph, more than 1 purchase in any 48-hour period from 
     the same seller shall be considered to be a single purchase.
       (2) Exception.--Paragraph (1) shall not apply to a 
     recycling agent that is subject to a State or local law that 
     sets forth a maximum amount for cash payments for the 
     purchase of specified metal.
       (3) Payment method.--
       (A) Occasional sellers.--Except as provided in subparagraph 
     (B), for any purchase of specified metal of more than $100 a 
     recycling agent shall make payment by check that--
       (i) is payable to the seller; and
       (ii) includes the name and address of the seller.
       (B) Established commercial transactions.--A recycling agent 
     may make payments for a purchase of specified metal of more 
     than $100 from a governmental or commercial supplier of 
     specified metal with which the recycling agent has an 
     established commercial relationship by electronic funds 
     transfer or other established commercial transaction payment 
     method through a commercial bank if the recycling agent 
     maintains a written record of the payment that identifies the 
     seller, the amount paid, and the date of the purchase.
       (c) Civil Penalty.--A person who knowingly violates 
     subsection (a) or (b) shall be subject to a civil penalty of 
     not more than $5,000 for each violation, except that a person 
     who commits a minor violation shall be subject to a penalty 
     of not more than $1,000.

     SEC. 3606. ENFORCEMENT BY ATTORNEY GENERAL.

       The Attorney General may bring an enforcement action in an 
     appropriate United States district court against any person 
     that engages in conduct that violates this title.

     SEC. 3607. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       (a) In General.--An attorney general or equivalent 
     regulator of a State may bring a civil action in the name of 
     the State, as parens patriae on behalf of natural persons 
     residing in the State, in any district court of the United 
     States or other competent court having jurisdiction over the 
     defendant, to secure monetary or equitable relief for a 
     violation of this title.
       (b) Notice Required.--Not later than 30 days before the 
     date on which an action under subsection (a) is filed, the 
     attorney general or equivalent regulator of the State 
     involved shall provide to the Attorney General--
       (1) written notice of the action; and
       (2) a copy of the complaint for the action.
       (c) Attorney General Action.--Upon receiving notice under 
     subsection (b), the Attorney General shall have the right--
       (1) to intervene in the action;
       (2) upon so intervening, to be heard on all matters arising 
     therein;
       (3) to remove the action to an appropriate district court 
     of the United States; and
       (4) to file petitions for appeal.
       (d) Pending Federal Proceedings.--If a civil action has 
     been instituted by the Attorney General for a violation of 
     this title, no State may, during the pendency of the action 
     instituted by the Attorney General, institute a civil action 
     under this title against any defendant named in the complaint 
     in the civil action for any violation alleged in the 
     complaint.
       (e) Construction.--For purposes of bringing a civil action 
     under subsection (a), nothing in this section regarding 
     notification shall be construed to prevent the attorney 
     general or equivalent regulator of the State from exercising 
     any powers conferred under the laws of that State to--
       (1) conduct investigations;
       (2) administer oaths or affirmations; or
       (3) compel the attendance of witnesses or the production of 
     documentary and other evidence.

     SEC. 3608. DIRECTIVE TO SENTENCING COMMISSION.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this section, the United States Sentencing Commission, shall 
     review and, if appropriate, amend the Federal Sentencing 
     Guidelines and policy statements applicable to a person 
     convicted of a criminal violation of section 3603 or any 
     other Federal criminal law based on the theft of specified 
     metal by such person.
       (b) Considerations.--In carrying out this section, the 
     Sentencing Commission shall--
       (1) ensure that the sentencing guidelines and policy 
     statements reflect the--
       (A) serious nature of the theft of specified metal; and
       (B) need for an effective deterrent and appropriate 
     punishment to prevent such theft;
       (2) consider the extent to which the guidelines and policy 
     statements appropriately account for--
       (A) the potential and actual harm to the public from the 
     offense, including any damage to critical infrastructure;
       (B) the amount of loss, or the costs associated with 
     replacement or repair, attributable to the offense;
       (C) the level of sophistication and planning involved in 
     the offense; and
       (D) whether the offense was intended to or had the effect 
     of creating a threat to public health or safety, injury to 
     another person, or death;
       (3) account for any additional aggravating or mitigating 
     circumstances that may justify exceptions to the generally 
     applicable sentencing ranges;
       (4) assure reasonable consistency with other relevant 
     directives and with other sentencing guidelines and policy 
     statements; and
       (5) assure that the sentencing guidelines and policy 
     statements adequately meet the purposes of sentencing as set 
     forth in section 3553(a)(2) of title 18, United States Code.

     SEC. 3609. STATE AND LOCAL LAW NOT PREEMPTED.

       Nothing in this title shall be construed to preempt any 
     State or local law regulating the sale or purchase of 
     specified metal, the reporting of such transactions, or any 
     other aspect of the metal recycling industry.

     SEC. 3610. EFFECTIVE DATE.

       This title shall take effect 180 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2485. 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 D of title V, add the following:

     SEC. 529. DISESTABLISHMENT OF ARMY SENIOR RESERVE OFFICERS' 
                   TRAINING CORPS UNITS FOR LACK OF EFFECTIVE 
                   MANAGEMENT.

       (a) Conformity With Applicable Regulations Required.--The 
     Secretary of the Army may not disestablish a unit of the 
     Senior Reserve Officers' Training Corp (SROTC) of the Army 
     for lack of effective management except in strict accordance 
     with the provisions of section 2-12 of section III of chapter 
     2 of Army Regulation 145-1.
       (b) Notice to Congress on Modification of Regulations.--The 
     Secretary shall submit to the congressional defense 
     committees written notice of any modification of section 2-12 
     of the Regulation referred to in subsection (a) that occurs 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 2486. 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 G of title X, add the following:

     SEC. 1066. REPORT ON TRANSITION OF AIR FORCE RESERVE AND AIR 
                   NATIONAL GUARD UNITS FROM FLYING MISSIONS TO 
                   NON-FLYING MISSIONS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of the Air 
     Force shall, in consultation with the Chief of the National 
     Guard Bureau and the Chief of the Air Force Reserve, submit 
     to the congressional defense committees a report on the 
     transition of units in the Air Force Reserve and the Air 
     National Guard from flying missions to non-flying missions.
       (b) Elements.--The report required by subsection (a) shall 
     set forth, for each Air Force Reserve unit or Air National 
     Guard unit that is transitioning from a flying mission to a 
     non-flying mission, the following:
       (1) The plan of the Air Force for--
       (A) providing any new equipment, facilities, or other 
     support to enable the unit to conduct the non-flying mission; 
     and
       (B) training the unit to execute the non-flying mission.
       (2) An identification of any gaps in conducting an orderly 
     transition from the flying mission to the non-flying mission.
       (3) A description of the actions required to mitigate the 
     gaps, if any, identified pursuant to paragraph (2).
       (4) A description and assessment of the national security 
     implications of the gaps, if any, identified pursuant to 
     paragraph (2).

[[Page S8493]]

       (c) Gap Defined.--In this section, the term ``gap'', with 
     respect to a unit transitioning from a flying mission to a 
     non-flying mission, means any time between--
       (1) the date that is 37 months after the beginning of the 
     transition; and
       (2) the date the unit reaches initial operating capability 
     in its non-flying mission.
                                 ______
                                 
  SA 2487. Mr. CARDIN (for himself and 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 appropriate place, insert the following:

     SEC. ___. RESOLVING MARITIME DISPUTES IN THE ASIA-PACIFIC 
                   REGION.

       (a) Findings.--Congress makes the following findings:
       (1) Relevant parties in the Asia-Pacific maritime region 
     should be encouraged to explore cooperative arrangements for 
     the responsible exploitation of energy and fishery resources 
     in order to promote peaceful coexistence and economic growth. 
     Such arrangements should not impinge upon sovereignty claims 
     and should be negotiated in a mutually agreeable manner.
       (2) Congress welcomes formal consultations between the 
     Association of Southeast Asian Nations (ASEAN) and the 
     People's Republic of China on the Code of Conduct for the 
     South China Sea, welcomes ASEAN's leadership, and strongly 
     supports the 23rd ASEAN Summit's chairman's October 9, 2013 
     statement, more than 10 years after the Declaration on the 
     Conduct of Parties in the South China Sea, which--
       (A) ``reaffirmed the importance of maintaining peace, 
     stability, and maritime security in the region. . .''; and
       (B) calls for ``intensifying official consultations with 
     China on the development of the Code of Conduct in the South 
     China Sea (COC) with a view to its early conclusion.''.
       (b) Statement of United States Policy.--Congress declares 
     that the United States--
       (1) has a national interest in--
       (A) the freedom of navigation and overflight in the Asia-
     Pacific maritime domains;
       (B) supporting the peaceful resolution of territorial, 
     sovereignty, and jurisdictional disputes in the Asia-Pacific 
     maritime domains in accordance with international law, 
     including through international arbitration;
       (C) condemning the use of coercion, threats, or force in 
     the South China Sea, the East China Sea, or other maritime 
     areas in the Asia-Pacific region to assert disputed maritime 
     or territorial claims or alter the status quo;
       (D) urging all parties to maritime and territorial disputes 
     in the Asia-Pacific region to exercise self-restraint in the 
     conduct of activities that would undermine stability or 
     complicate or escalate disputes;
       (E) continuing to develop partnerships with other countries 
     for maritime domain awareness and capacity building in the 
     Asia-Pacific region; and
       (F) continuing the operations of the United States Armed 
     Forces in the Asia-Pacific region, including in partnership 
     with the armed forces of other countries to promote peace, 
     stability, and unimpeded lawful commerce in the Asia-Pacific 
     region;
       (2) declares that the United States does not take a 
     position on competing territorial claims over land features 
     and has no territorial ambitions in the South China Sea; and
       (3) strongly supports the ASEAN member states and the 
     Government of the People's Republic of China as they seek to 
     develop a code of conduct of parties in the South China Sea.
       (c) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense, shall submit a 
     classified report on the United States strategy to ensure 
     maritime security in the Asia-Pacific region to--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Armed Services of the House of 
     Representatives.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) a description of the security situation in the maritime 
     domains of Asia-Pacific;
       (B) a description of the initiatives and efforts by the 
     Department of State, the Department of Defense, and other 
     relevant agencies to implement the United States strategy, 
     including--
       (i) maritime domain awareness and capacity building 
     efforts;
       (ii) support for United States Armed Forces operations in 
     the region;
       (iii) efforts to support ASEAN and all claimants in 
     concluding a Code of Conduct with the People's Republic of 
     China;
       (iv) efforts to support collaborative diplomatic processes 
     by all claimants in the South China Sea; and
       (v) an assessment of the impact of those initiatives and 
     efforts; and
       (C) a description of projected efforts planned to continue 
     the implementation of the strategy.
                                 ______
                                 
  SA 2488. 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 C of title XII, add the following:

     SEC. 1237. MODIFICATION OF PROHIBITION ON PROCUREMENTS FROM 
                   CHINESE COMPANIES.

       Section 1211 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 2302 note) is 
     amended--
       (1) in subsection (b), by inserting ``or in the 600 series 
     of the Commerce Control List of the Export Administration 
     Regulations'' after ``International Trafficking in Arms 
     Regulations''; and
       (2) in subsection (e)(2)--
       (A) by inserting ``or in the 600 series of the Commerce 
     Control List of the Export Administration Regulations'' after 
     ``International Trafficking in Arms Regulations''; and
       (B) by adding before the period at the end the following: 
     ``and the 600 series of the Commerce Control List contained 
     in Supplement No. 1 to part 774 of subtitle B of title 15 of 
     the Code of Federal Regulations''.
                                 ______
                                 
  SA 2489. Mr. BAUCUS (for himself, Mr. Enzi, Mr. Tester, Ms. Heitkamp, 
Mr. Hoeven, Mr. Barrasso, Mrs. Fischer, Mr. Hatch, and Mr. Johanns) 
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. LIMITATION ON USE OF FUNDS FOR ENVIRONMENTAL 
                   ASSESSMENTS WITH RESPECT TO MINUTEMAN III 
                   SILOS.

       None of the funds 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 for any 
     environmental assessment carried out pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to a Minuteman III silo that contains a missile 
     as of the date of the enactment of this Act until the 
     Secretary of Defense submits to the congressional defense 
     committees, the Committee on Foreign Relations of the Senate, 
     and the Committee on Foreign Affairs of the House of 
     Representatives the plan required by section 1042(a) of the 
     National Defense Authorization Act for Fiscal Year 2012 
     (Public Law 112-81; 125 Stat. 1575).
                                 ______
                                 
  SA 2490. Ms. CANTWELL (for herself, Mr. Begich, Ms. Murkowski, and 
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 I, add the following:

     SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR POLAR 
                   ICEBREAKERS.

       (a) Multiyear Procurement.--Subject to section 2306b of 
     title 10, United States Code, the Secretary of the Navy shall 
     enter into multiyear contracts, beginning with the fiscal 
     year 2014 program year, for the procurement of up to four 
     heavy duty polar icebreakers and any systems and equipment 
     associated with those vessels.
       (b) Authority for Advance Procurement.--The Secretary may 
     enter into one or more contracts, beginning in fiscal year 
     2014, for advance procurement associated with the vessels, 
     systems, and equipment for which authorization to enter into 
     a multiyear contract is provided under subsection (a).
       (c) Condition for Out-year Contract Payments.--A contract 
     entered into under subsection (a) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year after fiscal year 2014 is subject 
     to the availability of appropriations or funds for that 
     purpose for such later fiscal year.
       (d) Memorandum of Agreement.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of the 
     Navy and the Secretary of the Department in which the Coast 
     Guard is operating shall enter into a memorandum of agreement 
     establishing a process by which the Navy, in concurrence with 
     the Coast Guard, shall--

[[Page S8494]]

       (1) identify the vessel specifications, capabilities, 
     systems, equipment, and other details required for the design 
     of heavy polar icebreakers capable of fulfilling Navy and 
     Coast Guard mission requirements;
       (2) oversee the construction of heavy polar icebreakers 
     authorized to be procured under this section; and
       (3) to the extent not adequately addressed in the 1965 
     Revised Memorandum of Agreement between the Department of the 
     Navy and the Department of the Treasury on the Operation of 
     Icebreakers, transfer heavy polar icebreakers procured 
     through contracts authorized under this section from the Navy 
     to the Coast Guard to be maintained and operated by the Coast 
     Guard.
                                 ______
                                 
  SA 2491. Ms. CANTWELL (for herself and 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 title XXXI, add the following:

                       Subtitle E--Other Matters

     SEC. 3141. CONVEYANCE OF LAND AT THE HANFORD SITE, RICHLAND, 
                   WASHINGTON.

       (a) Conveyance Required.--
       (1) In general.--The Secretary of Energy shall convey, for 
     consideration at the estimated fair market value or, in 
     accordance with paragraph (2), below such value, to the 
     Community Reuse Organization of the Hanford Site, Richland, 
     Washington (in this section referred to as the 
     ``Organization'') all right, title, and interest of the 
     United States in and to the real property, including any 
     improvements thereon, described in paragraph (3).
       (2) Consideration.--The Secretary may convey real property 
     pursuant to paragraph (1) for consideration below the 
     estimated fair market value of the real property, or without 
     consideration, only if the Organization--
       (A) agrees that the net proceeds from any sale or lease of 
     the real property (or any portion of the real property) 
     received by the Organization during at least the seven-year 
     period beginning on the date of the conveyance will be used 
     to support economic redevelopment of, or related to, the 
     Hanford Site; and
       (B) executes the agreement for the conveyance and accepts 
     control of the real property within a reasonable time.
       (3) Real property described.--The real property described 
     in this paragraph is the real property consisting of two 
     parcels of land of approximately 1,341 acres and 300 acres, 
     respectively, of the Hanford Site, as requested by the 
     Organization on May 31, 2011, and October 13, 2011, and as 
     depicted within the proposed boundaries on the map titled 
     ``Attachment 2--Revised Map'' included in the letter sent by 
     the Organization to the Department of Energy on October 13, 
     2011.
       (4) Alternative real property.--At the discretion of the 
     Secretary, the real property described in paragraph (3) may 
     be exchanged for equivalent parcels of land that are mutually 
     agreed upon by the Secretary and the Organization.
       (5) Real property excluded.--Any real property or 
     associated subsurface right that is deemed to be not suitable 
     for conveyance by the Secretary shall not be conveyed.
       (6) Terms and conditions.--The Secretary may require such 
     additional terms and conditions in connection with the 
     conveyance described in paragraph (1) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (b) Compliance With Existing Law.--The Secretary shall 
     carry out the conveyance described in subsection (a) in 
     accordance with all applicable Federal laws, including the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), the National Historic Preservation Act (16 U.S.C. 470 
     et seq.), and the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.).
       (c) Deadline for Completion.--It is the intent of Congress 
     that the conveyance described in subsection (a) shall be 
     completed not later than one year after the date of the 
     enactment of this Act.
       (d) Indemnification.--It is the intent of Congress that the 
     Secretary of Energy should, as authorized by law, hold 
     harmless and indemnify the Organization against any claim for 
     injury to person or property that results from the release or 
     threatened release of a hazardous substance, pollutant, or 
     contaminant as a result of activities of the Department of 
     Energy at the Hanford Site.
       (e) Notice to Congress.--The enactment of this section 
     shall satisfy any notice to Congress otherwise required for 
     the conveyance described in subsection (a).
                                 ______
                                 
  SA 2492. Ms. CANTWELL (for herself, Mr. Heinrich, Mrs. Murray, and 
Mr. Udall of New Mexico) 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 title XXXI, add the following:

                       Subtitle E--Other Matters

     SEC. 3141. MANHATTAN PROJECT NATIONAL HISTORICAL PARK.

       (a) Findings.--Congress finds that--
       (1) the Manhattan Project was an unprecedented top-secret 
     program implemented during World War II to produce an atomic 
     bomb before Nazi Germany;
       (2) a panel of experts convened by the President's Advisory 
     Council on Historic Preservation in 2001--
       (A) stated that ``the development and use of the atomic 
     bomb during World War II has been called `the single most 
     significant event of the 20th century' ''; and
       (B) recommended that nationally significant sites 
     associated with the Manhattan Project be formally established 
     as a collective unit and be administered for preservation, 
     commemoration, and public interpretation in cooperation with 
     the National Park Service;
       (3) the Manhattan Project National Historical Park Study 
     Act (Public Law 108-340; 118 Stat. 1362) directed the 
     Secretary of the Interior, in consultation with the Secretary 
     of Energy, to conduct a special resource study of the 
     historically significant sites associated with the Manhattan 
     Project to assess the national significance, suitability, and 
     feasibility of designating 1 or more sites as a unit of the 
     National Park System;
       (4) after significant public input, the National Park 
     Service study found that ``including Manhattan Project-
     related sites in the national park system will expand and 
     enhance the protection and preservation of such resources and 
     provide for comprehensive interpretation and public 
     understanding of this nationally significant story in the 
     20th century American history'';
       (5) the Department of the Interior, with the concurrence of 
     the Department of Energy, recommended the establishment of a 
     Manhattan Project National Historical Park comprised of 
     resources at--
       (A) Oak Ridge, Tennessee;
       (B) Los Alamos, New Mexico; and
       (C) Hanford, in the Tri-Cities area, Washington;
       (6) designation of a Manhattan Project National Historical 
     Park as a unit of the National Park System would improve the 
     preservation of, interpretation of, and access to the 
     nationally significant historic resources associated with the 
     Manhattan Project for present and future generations to gain 
     a better understanding of the Manhattan Project, including 
     the significant, far-reaching, and complex legacy of the 
     Manhattan Project; and
       (7) the permanent historical preservation of the B Reactor 
     at Hanford as part of the Manhattan National Historical Park 
     would provide significant savings to the Federal Government 
     relative to placing the reactor into interim safe storage and 
     subsequently dismantling the reactor--
       (A) as determined as part of the Record of Decision 
     entitled ``Decommissioning of Eight Surplus Production 3 
     Reactors at the Hanford Site, Richland, WA''; and
       (B) as included within milestone M-093-00 of the Hanford 
     Federal Facility Agreement and Consent Order.
       (b) Purposes.--The purposes of this section are--
       (1) to preserve and protect for the benefit and education 
     of present and future generations the nationally significant 
     historic resources associated with the Manhattan Project;
       (2) to improve public understanding of the Manhattan 
     Project and the legacy of the Manhattan Project through 
     interpretation of the historic resources associated with the 
     Manhattan Project;
       (3) to enhance public access to the Historical Park, 
     consistent with protection of public safety, national 
     security, and other aspects of the mission of the Department 
     of Energy; and
       (4) to assist the Department of Energy, Historical Park 
     communities, historical societies, and other interested 
     organizations and individuals in efforts to preserve and 
     protect the historically significant resources associated 
     with the Manhattan Project.
       (c) Definitions.--In this section:
       (1) Historical park.--The term ``Historical Park'' means 
     the Manhattan Project National Historical Park established 
     under subsection (d).
       (2) Manhattan project.--The term ``Manhattan Project'' 
     means the Federal program to develop an atomic bomb ending on 
     December 31, 1946.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (d) Establishment of Manhattan Project National Historical 
     Park.--
       (1) Establishment.--
       (A) In general.--Subject to subparagraph (B), there is 
     established in the States of Washington, New Mexico, and 
     Tennessee a unit of the National Park System to be known as 
     the ``Manhattan Project National Historical Park''.
       (B) Determination by secretary required.--The Historical 
     Park shall not be established until the date on which the 
     Secretary determines that--

[[Page S8495]]

       (i) sufficient land or interests in land have been acquired 
     from among the sites described in paragraph (2) to constitute 
     a manageable park unit; or
       (ii) the Secretary has entered into an agreement with the 
     Secretary of Energy in accordance with subsection (e).
       (2) Eligible areas.--The Historical Park may be comprised 
     of 1 or more of the following areas or portions of the areas, 
     as generally depicted on the map entitled ``Manhattan Project 
     National Historical Park Sites'', numbered 540/108,834-C (4 
     pages), and dated September 2012:
       (A) Oak ridge, tennessee.--Facilities, land, or interests 
     in land that are--
       (i) at Buildings 9204-3 and 9731 at the Y-12 National 
     Security Complex;
       (ii) at the X-10 Graphite Reactor at the Oak Ridge National 
     Laboratory;
       (iii) at the K-25 Building site at the East Tennessee 
     Technology Park;
       (iv) at the former Guest House located at 210 East Madison 
     Road; and
       (v) at other sites within the boundary of the city of Oak 
     Ridge, Tennessee, that are not depicted on the map described 
     in this paragraph, but are determined by the Secretary to be 
     suitable and appropriate for inclusion, except that sites 
     owned or managed by the Secretary of Energy may be included 
     only with the concurrence of the Secretary of Energy.
       (B) Los alamos, new mexico.--Facilities, land, or interests 
     in land that are--
       (i) in the Los Alamos Scientific Laboratory National 
     Historic Landmark District or any addition to the Landmark 
     District proposed in the National Historic Landmark 
     Nomination--Los Alamos Scientific Laboratory (LASL) NHL 
     District (Working Draft of NHL Revision), Los Alamos National 
     Laboratory document LA-UR 12-00387 (January 26, 2012);
       (ii) at the former East Cafeteria located at 1670 Nectar 
     Street; and
       (iii) at the former dormitory located at 1725 17th Street.
       (C) Hanford, washington.--Facilities, land, or interests in 
     land that are--
       (i) in the B Reactor National Historic Landmark;
       (ii) at the Hanford High School in the town of Hanford and 
     Hanford Construction Camp Historic District;
       (iii) at the White Bluffs Bank building in the White Bluffs 
     Historic District;
       (iv) at the warehouse in the Bruggemann's Agricultural 
     Complex;
       (v) at the Hanford Irrigation District Pump House; and
       (vi) at the T Plant (221-T Process Building).
       (3) Availability of map.--The map described in paragraph 
     (2) shall be kept on file and available for public inspection 
     in the appropriate offices of the National Park Service and 
     the Department of Energy.
       (e) Agreement.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary and the Secretary of 
     Energy (acting through the Oak Ridge, Richland, and Los 
     Alamos site offices) shall enter into an agreement governing 
     the respective roles of the Secretary and the Secretary of 
     Energy in administering the facilities, land, or interests in 
     land under the administrative jurisdiction of the Department 
     of Energy that is to be included in the Historical Park, 
     including provisions for public access, management, 
     interpretation, and historic preservation.
       (2) Responsibilities of the secretary.--Any agreement under 
     paragraph (1) shall provide that the Secretary shall--
       (A) have decisionmaking authority for the content of 
     historic interpretation of the Manhattan Project for purposes 
     of administering the Historical Park; and
       (B) ensure that the agreement provides an appropriate role 
     for the National Park Service in preserving the historic 
     resources covered by the agreement.
       (3) Responsibilities of the secretary of energy.--Any 
     agreement under paragraph (1) shall provide that the 
     Secretary of Energy--
       (A) shall ensure that the agreement appropriately protects 
     public safety, national security, and other aspects of the 
     ongoing mission of the Department of Energy at the Los Alamos 
     National Laboratory, Hanford Site, and Oak Ridge Reservation;
       (B) may consult with and provide historical information to 
     the Secretary concerning the Manhattan Project; and
       (C) shall retain responsibility, in accordance with 
     applicable law, for any environmental remediation and 
     structural safety that may be necessary in or around the 
     facilities, land, or interests in land governed by the 
     agreement.
       (4) Amendments.--The agreement under paragraph (1) may be 
     amended, including to add to the Historical Park facilities, 
     land, or interests in land described in subsection (d)(2) 
     that are under the jurisdiction of the Secretary of Energy.
       (f) Public Participation.--
       (1) In general.--The Secretary shall consult with 
     interested State, county, and local officials, organizations, 
     and interested members of the public--
       (A) before executing any agreement under subsection (e); 
     and
       (B) in the development of the general management plan under 
     subsection (g)(2).
       (2) Notice of determination.--Not later than 30 days after 
     the date on which an agreement under subsection (e) is 
     executed, the Secretary shall publish in the Federal Register 
     notice of the establishment of the Historical Park, including 
     an official boundary map.
       (3) Availability of map.--The official boundary map 
     published under paragraph (2) shall be on file and available 
     for public inspection in the appropriate offices of the 
     National Park Service.
       (4) Additions.--Any land, interest in land, or facility 
     within the eligible areas described in subsection (d)(2) that 
     is acquired by the Secretary or included in an amendment to 
     the agreement under subsection (e)(2) shall be added to the 
     Historical Park.
       (g) Administration.--
       (1) In general.--The Secretary shall administer the 
     Historical Park in accordance with--
       (A) this section; and
       (B) the laws generally applicable to units of the National 
     Park System, including--
       (i) the National Park System Organic Act (16 U.S.C. 1 et 
     seq.); and
       (ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
       (2) General management plan.--Not later than 3 years after 
     the date on which funds are made available to carry out this 
     section, the Secretary, in consultation with the Secretary of 
     Energy, shall complete a general management plan for the 
     Historical Park in accordance with--
       (A) section 12(b) of Public Law 91-383 (commonly known as 
     the ``National Park Service General Authorities Act'') (16 
     U.S.C. 1a-7(b)); and
       (B) the agreement established under subsection (e).
       (3) Interpretive tours.--The Secretary may, subject to 
     applicable law, provide interpretive tours of historically 
     significant Manhattan Project sites and resources in the 
     States of Tennessee, New Mexico, and Washington that are 
     located outside the boundary of the Historical Park.
       (4) Land acquisition.--
       (A) In general.--The Secretary may only acquire land and 
     interests in land within the eligible areas described in 
     subsection (d)(2) by--
       (i) transfer of administrative jurisdiction from the 
     Department of Energy by agreement between the Secretary and 
     the Secretary of Energy; or
       (ii) purchase from willing sellers, donation, or exchange.
       (B) Facilities.--The Secretary may acquire land or 
     interests in land in the vicinity of Historical Park for 
     visitor and administrative facilities.
       (5) Donations; cooperative agreements.--
       (A) Federal facilities.--
       (i) In general.--The Secretary may enter into 1 or more 
     agreements with the head of a Federal agency to provide 
     public access to, and management, interpretation, and 
     historic preservation of, historically significant Manhattan 
     Project resources under the jurisdiction or control of the 
     Federal agency.
       (ii) Donations; cooperative agreements.--The Secretary may 
     accept donations from, and enter into cooperative agreements 
     with, State governments, units of local government, tribal 
     governments, organizations, or individuals to further the 
     purpose of an interagency agreement entered into under clause 
     (i).
       (B) Technical assistance.--The Secretary may provide 
     technical assistance to State, local, or tribal governments, 
     organizations, or individuals for the management, 
     interpretation, and historic preservation of historically 
     significant Manhattan Project resources not included within 
     the Historical Park.
       (C) Donations to department of energy.--For the purposes of 
     this section, or for the purpose of preserving or providing 
     access to historically significant resources relating to the 
     Manhattan Project, the Secretary of Energy may accept, hold, 
     administer, and use gifts, bequests, and devises (including 
     labor and services).
                                 ______
                                 
  SA 2493. Mr. KAINE (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. PETERSBURG NATIONAL BATTLEFIELD BOUNDARY 
                   MODIFICATION.

       (a) In General.--The boundary of the Petersburg National 
     Battlefield is modified to include the land and interests in 
     land as generally depicted on the map titled ``Petersburg 
     National Battlefield Boundary Expansion'', numbered 325/
     80,080, and dated June 2007. The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (b) Acquisition of Properties.--The Secretary of the 
     Interior (referred to in this section as the ``Secretary'') 
     is authorized to acquire the land and interests in land, 
     described in subsection (a), from willing sellers only, by 
     donation, purchase with donated or appropriated funds, 
     exchange, or transfer.
       (c) Administration.--The Secretary shall administer any 
     land or interests in land acquired under subsection (b) as 
     part of the Petersburg National Battlefield in accordance 
     with applicable laws and regulations.

[[Page S8496]]

       (d) Administrative Jurisdiction Transfer.--
       (1) In general.--There is transferred--
       (A) from the Secretary to the Secretary of the Army 
     administrative jurisdiction over the approximately 1.170-acre 
     parcel of land depicted as ``Area to be transferred to Fort 
     Lee Military Reservation'' on the map described in paragraph 
     (2); and
       (B) from the Secretary of the Army to the Secretary 
     administrative jurisdiction over the approximately 1.171-acre 
     parcel of land depicted as ``Area to be transferred to 
     Petersburg National Battlefield'' on the map described in 
     paragraph (2).
       (2) Map.--The land transferred is depicted on the map 
     titled ``Petersburg National Battlefield Proposed Transfer of 
     Administrative Jurisdiction'', numbered 325/80,801A, dated 
     May 2011. The map shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       (3) Conditions of transfer.--The transfer of administrative 
     jurisdiction under paragraph (1) is subject to the following 
     conditions:
       (A) No reimbursement or consideration.--The transfer is 
     without reimbursement or consideration.
       (B) Management.--The land transferred to the Secretary 
     under paragraph (1) shall be included within the boundary of 
     the Petersburg National Battlefield and shall be administered 
     as part of that park in accordance with applicable laws and 
     regulations.
                                 ______
                                 
  SA 2494. 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 V, add the following:

     SEC. 573. SUPPORT FOR EFFORTS TO IMPROVE ACADEMIC ACHIEVEMENT 
                   AND TRANSITION OF MILITARY DEPENDENT STUDENTS.

       The Secretary of Defense may make grants to nonprofit 
     organizations that provide services to improve the academic 
     achievement of military dependent students, including those 
     nonprofit organizations whose programs focus on improving the 
     civic responsibility of military dependent students and their 
     understanding of the Federal Government through direct 
     exposure to the operations of the Federal Government.
                                 ______
                                 
  SA 2495. Mr. BLUMENTHAL 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 II, add the following:

     SEC. 217. IMPROVED TURBINE ENGINE PROGRAM.

       (a) Increase.--The amount authorized to be appropriated for 
     fiscal year 2014 by section 201 and available for Research, 
     Development, Test, and Evaluation, Army for Aviation Advanced 
     Technology (PE 06003A) as specified in the funding table in 
     section 4201 is hereby increased by $1,000,000, with the 
     amount of the increase to be available for the Improved 
     Turbine Engine Program.
       (b) Offset.--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 
     $1,000,000, with the amount of the decrease to be applied to 
     amounts so available for programs, projects, and activities 
     other than the Improved Turbine Engine Program.
                                 ______
                                 
  SA 2496. 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 AND OTHER MATTERS

     SEC. 1601. 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--Embassy Security

     SEC. 1611. SHORT TITLE.

       This subtitle may be cited as the ``Chris Stevens, Sean 
     Smith, Tyrone Woods, and Glen Doherty Embassy Security, 
     Threat Mitigation, and Personnel Protection Act of 2013''.

          PART I--FUNDING AUTHORIZATION AND TRANSFER AUTHORITY

     SEC. 1621. 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 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. 1622. 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 1621 for 
     immediate threat mitigation projects, with priority given to 
     facilities determined to be ``high threat, high risk'' 
     pursuant to section 1652.
       (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. 1623. 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

[[Page S8497]]

     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. 1624. 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. 1625. 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.''.

                 PART II--CONTRACTING AND OTHER MATTERS

     SEC. 1631. 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 
     appropriate congressional committees 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 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. 1632. 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. 1633. MANAGEMENT AND STAFF ACCOUNTABILITY.

       (a) Authority of Secretary of State.--Nothing in this 
     subtitle 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. 1634. 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. 1635. REEMPLOYMENT OF ANNUITANTS.

       Section 824(g) of the Foreign Service Act of 1980 (22 
     U.S.C. 4064(g)) is amended--

[[Page S8498]]

       (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.''.

   PART III--EXPANSION OF THE MARINE CORPS SECURITY GUARD DETACHMENT 
                                PROGRAM

     SEC. 1641. 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 coordination 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 
     coordination 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).

 PART IV--REPORTING ON THE IMPLEMENTATION OF THE ACCOUNTABILITY REVIEW 
                         BOARD RECOMMENDATIONS

     SEC. 1651. 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. 1652. 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, 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

[[Page S8499]]

       (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. 1653. 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. 1654. 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 appropriate congressional 
     committees 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. 1655. 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.

                  PART V--ACCOUNTABILITY REVIEW BOARDS

     SEC. 1661. 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. 1662. 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. 1663. 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 a former Senate-
     confirmed Inspector General of a Federal department or 
     agency,'' 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.''.

                         PART VI--OTHER MATTERS

     SEC. 1671. 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.
       ``(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).''.

      Subtitle B--Naval Vessel Transfers and Security Enhancement

     SEC. 1681. SHORT TITLE.

       This subtitle may be cited as the ``Naval Vessel Transfer 
     and Security Enhancement Act of 2013''.

     SEC. 1682. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN 
                   RECIPIENTS.

       (a) Transfers by Grant.--
       (1) Authority.--The President is authorized to transfer 
     vessels to foreign countries on a grant basis under section 
     516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), 
     subject to paragraph (2), as follows:
       (A) Mexico.--To the Government of Mexico, the OLIVER HAZARD 
     PERRY class guided missile frigates USS CURTS (FFG-38) and 
     USS MCCLUSKY (FFG-41).
       (B) Thailand.--To the Government of Thailand, the OLIVER 
     HAZARD PERRY class guided missile frigates USS RENTZ (FFG-46) 
     and USS VANDEGRIFT (FFG-48).
       (b) Transfer by Sale to the Taipei Economic and Cultural 
     Representative Office in the United States.--The President is 
     authorized to transfer the OLIVER HAZARD PERRY class guided 
     missile frigates USS TAYLOR (FFG-50), USS GARY (FFG-51), USS 
     CARR (FFG-52), and USS ELROD (FFG-55) to the Taipei Economic 
     and Cultural Representative Office in the United States 
     (which is the Taiwan instrumentality designated pursuant to 
     section 10(a) of the Taiwan Relations Act (22 U.S.C. 
     3309(a))) on a sale basis under section 21 of the Arms Export 
     Control Act (22 U.S.C. 2761).
       (c) Transfer to Pakistan by Grant Upon Certifications.--
       (1) Authority.--The President is authorized in each of 
     fiscal years 2014 through 2016 to transfer to the Government 
     of Pakistan one of the OLIVER HAZARD PERRY class guided 
     missile frigates USS KLAKRING (FFG-42), USS DE WERT (FFG-45), 
     and USS ROBERT G. BRADLEY (FFG-49) on a grant basis under 
     section 516 of the Foreign Assistance Act (22 U.S.C. 2321j), 
     15 days after certifying to the appropriate congressional 
     committees that the Government of Pakistan is--
       (A) cooperating with the United States Government in 
     counterterrorism efforts against the Haqqani Network, the 
     Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, al 
     Qaeda, and other domestic and foreign terrorist 
     organizations, including taking concrete and measurable steps 
     to--
       (i) end Government of Pakistan support for such groups;
       (ii) prevent such groups from basing and operating in 
     Pakistan; and
       (iii) prevent such groups from carrying out cross-border 
     attacks into neighboring countries;
       (B) not supporting terrorist activities against United 
     States or coalition forces or United States citizens in 
     Afghanistan or elsewhere, or any organizations planning, 
     conducting, or advocating such activities;
       (C) taking concrete and measurable steps to dismantle 
     improvised explosive device (IED) networks and interdict 
     precursor chemicals used in the manufacture of IEDs;
       (D) not engaging in, and taking concrete and measurable 
     steps to prevent the proliferation of nuclear-related 
     material, equipment, technology, and expertise;
       (E) issuing visas in a timely manner for United States 
     visitors engaged in counterterrorism efforts, assistance 
     programs, and Department of State operations in Pakistan;

[[Page S8500]]

       (F) providing humanitarian organizations access to 
     detainees, internally displaced persons, and other Pakistani 
     civilians affected by the conflict;
       (G) taking steps towards releasing Dr. Shakil Afridi from 
     prison and clearing him of all charges; and
       (H) ensuring that the military and intelligence agencies of 
     the Government of Pakistan are not intervening into political 
     and judicial processes in Pakistan.
       (2) Waiver.--
       (A) In general.--The President may waive the certification 
     requirements under paragraph (1) in any of fiscal years 2014 
     through 2016 if the President determines, and notifies the 
     appropriate congressional committees, that it is in the 
     national security interests of the United States to waive 
     such requirement.
       (B) Effective date of waiver.--The waiver shall become 
     effective 45 days after the President provides to the 
     appropriate congressional committees a report detailing the 
     reasons for making the determination and an analysis of the 
     degree to which the actions of the Government of Pakistan do 
     or do not satisfy the criteria in subparagraphs (A)-(H) of 
     paragraph (1).
       (d) Alternative Transfer Authority.--Notwithstanding the 
     authority provided in subsections (a), (b), and (c) to 
     transfer specific vessels to specific countries, the 
     President is authorized to transfer any vessel named in this 
     title to any country named in this section, subject to the 
     same conditions that would apply for such country under this 
     section, such that the total number of vessels transferred to 
     such country does not exceed the total number of vessels 
     authorized for transfer to such country by this section.
       (e) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to another country on a grant basis pursuant to authority 
     provided by subsection (a) or (c) shall not be counted 
     against the aggregate value of excess defense articles 
     transferred in any fiscal year under section 516 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
       (f) Costs of Transfers.--Any expense incurred by the United 
     States in connection with a transfer authorized by this 
     section shall be charged to the recipient notwithstanding 
     section 516(e) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(e)).
       (g) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the President shall 
     require, as a condition of the transfer of a vessel under 
     this section, that the recipient to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed, before the vessel joins the naval forces of 
     that recipient, performed at a shipyard located in the United 
     States.
       (h) Expiration of Authority.--The authority to transfer a 
     vessel under this section shall expire at the end of the 3-
     year period beginning on the date of the enactment of this 
     Act.

     SEC. 1683. ENHANCED CONGRESSIONAL OVERSIGHT OF FOREIGN 
                   MILITARY SALES.

       Section 36 of the Arms Export Control Act (22 U.S.C. 2776) 
     is amended by adding at the end the following new subsection:
       ``(i) Prior Notification of Shipment of Arms.--At least 30 
     days prior to a shipment of defense articles subject to the 
     requirements of subsection (b) to countries other than a 
     member country of the North Atlantic Treaty Organization 
     (NATO) or Australia, Japan, Israel, the Republic of Korea, or 
     New Zealand at the joint request of the Chairman and Ranking 
     Member of the Committee on Foreign Relations of the Senate or 
     the Committee on Foreign Affairs of the House of 
     Representatives, the Secretary of State shall provide 
     notification of such pending shipment, in unclassified form, 
     with a classified annex as necessary, to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives.''.

     SEC. 1684. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF 
                   EXCESS DEFENSE ARTICLES.

       Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(g)(1)) is amended by striking ``$425,000,000'' 
     and inserting ``$500,000,000''.

     SEC. 1685. INTEGRATED AIR AND MISSILE DEFENSE PROGRAMS AT 
                   TRAINING LOCATIONS IN SOUTHWEST ASIA.

       (a) Authority.--Notwithstanding section 544(c)(1) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2347(c)(1)), for 
     fiscal years 2014 through 2016, the President is authorized 
     to enter into cooperative arrangements providing for the 
     participation of foreign and United States military and 
     civilian defense personnel for integrated air and missile 
     defense programs in Southwest Asia without charge to 
     participating countries and, notwithstanding section 632(d) 
     of such Act (22 U.S.C. 2392(d)), without charge to the fund 
     available to carry out chapter II of part II of the Foreign 
     Assistance Act (22 U.S.C. 2311 et seq.).
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, and annually thereafter until a final 
     summary report is submitted after the end of fiscal year 
     2016, the President shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives and 
     the appropriate congressional committees a report on the 
     implementation of the authority provided under subsection 
     (a), including a description of the numbers of such 
     participating foreign personnel, the cost of such non-
     reimbursable arrangements, and prospects for equitable 
     contributions from such countries in the future.
                                 ______
                                 
  SA 2497. Mr. WHITEHOUSE 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 301, between lines 16 and 17 insert the following:

     SECTION 945. MAJOR CYBER INCIDENTS INVOLVING NETWORKS OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Reports Required.--Not later than 180 days after the 
     date of enactment of this Act, and annually thereafter, the 
     Secretary of Defense shall submit to Congress a report on 
     major cyber incidents involving networks of the Department of 
     Defense.
       (b) Elements.--Each report required under subsection (a) 
     shall include the following:
       (1) A summary of major cyber incidents against networks of 
     the Department of Defense and the military departments.
       (2) Aggregate statistics on the number of breaches against 
     networks of the Department of Defense and the military 
     departments, the volume of data exfiltrated, and the 
     estimated cost of remedying the breaches.
       (3) A discussion of the risk of cyber sabotage against the 
     networks of the Department of Defense and the military 
     departments.
       (c) Form.--Each report submitted under this section shall 
     be submitted in unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 2498. 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 C of title XII, add the following:

     SEC. 1237. CONTROL OF ARMS EXPORTS OF SUBSTANTIAL MILITARY OR 
                   INTELLIGENCE UTILITY.

       Section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 
     2778(a)(1)) is amended by inserting after ``for the purposes 
     of this section'' the following: ``and which are in the 
     President's judgment of substantial military utility or 
     capability such that they warrant special controls to ensure 
     that the export of such items do not provide a substantial 
     military or intelligence capability to foreign countries or 
     to foreign persons to the detriment of the national security 
     of friends and allies of the United States or the achievement 
     of the foreign policy and national security objectives of the 
     United States,''.
                                 ______
                                 
  SA 2499. Mr. McCAIN (for himself, Mrs. Feinstein, Mr. Cochran, Ms. 
Cantwell, 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. TRANSFER OF AIRCRAFT TO OTHER DEPARTMENTS FOR 
                   WILDFIRE SUPPRESSION PURPOSES.

       (a) Transfer of HC-130H Aircraft.--
       (1) Transfer by department of homeland security.--Not later 
     than 30 days after the date of the enactment of this Act, the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Agriculture, shall transfer, without 
     reimbursement--
       (A) 7 HC-130H aircraft to the Secretary of the Air Force; 
     and
       (B) initial spares and necessary ground support equipment 
     for HC-130H aircraft to the Secretary of Agriculture for use 
     by the Forest Service Director of Aviation and Fire 
     Management as large air tanker wildfire suppression aircraft.
       (2) Air force actions.--Subject to the availability of 
     funds provided by the Undersecretary of Defense, Comptroller, 
     to the Secretary of the Air Force for HC-130H modifications, 
     the Secretary of the Air Force shall--
       (A) accept the HC-130H aircraft transferred by the 
     Secretary of Homeland Security under paragraph (1);
       (B) at the first available opportunity, promptly schedule 
     and serially synchronize with the Secretary of Homeland 
     Security and the Secretary of Agriculture the induction of 
     HC-130H aircraft to minimize maintenance induction on-ramp 
     wait time of HC-

[[Page S8501]]

     130H aircraft, while also affording the Secretary of Homeland 
     Security reasonable access to operational aircraft prior to 
     the aircraft's induction into maintenance functions described 
     in subparagraph (C);
       (C) perform center and outer wingbox replacement 
     modifications, progressive fuselage structural inspections, 
     and configuration modifications necessary to convert each HC-
     130H aircraft as large air tanker wildfire suppression 
     aircraft; and
       (D) after modifications described in subparagraph (C) are 
     completed for each HC-130H aircraft, the Secretary of the Air 
     Force shall transfer each aircraft without reimbursement to 
     the Secretary of Agriculture for use by the Forest Service 
     Director of Aviation and Fire Management as large air tanker 
     wildfire suppression aircraft.
       (3) Reimbursement.--The Undersecretary of Defense, 
     Comptroller, shall promptly reimburse the Secretary of the 
     Air Force for all fiscal resources utilized by the Department 
     of the Air Force to perform the HC-130H modifications 
     described under paragraph (2).
       (b) Transfer of C-23B+ Sherpa Aircraft.--The Secretary of 
     the Army shall transfer, without reimbursement--
       (1) up to 15 C-23B+ Sherpa aircraft in fiscal year 2014 to 
     the Secretary of Agriculture, subject to the quantity of C-
     23B+ Sherpa aircraft that the Forest Service Director of 
     Aviation and Fire Management determines are required to meet 
     fire-fighting requirements; and
       (2) initial spares and necessary ground support equipment 
     for operation of C-23B+ Sherpa aircraft to the Secretary of 
     Agriculture for use by the Forest Service Director of 
     Aviation and Fire Management.
       (c) Conditions of Certain Transfers.--Aircraft transferred 
     to the Secretary of Agriculture under this section--
       (1) may be used only for wildfire suppression purposes;
       (2) may not be flown outside of, or otherwise removed from, 
     the United States unless dispatched by the National 
     Interagency Fire Center in support of an international 
     agreement to assist in wildfire suppression efforts or for 
     other purposes approved by the Secretary of Agriculture in 
     writing in advance; and
       (3) may not be sold by the Secretary of Agriculture after 
     transfer.
       (d) Costs After Transfer.--Any costs of operation, 
     maintenance, sustainment, and disposal of excess aircraft, 
     initial spares, and ground support equipment transferred to 
     the Secretary of Agriculture under this section that are 
     incurred after the date of transfer shall be borne by the 
     Secretary of Agriculture.
       (e) Transfer of C-27J Aircraft.--Immediately following the 
     certification requirement under subsection (f), the Secretary 
     of Defense shall transfer, without reimbursement--
       (A) 14 C-27J aircraft to the Secretary of Homeland 
     Security; and (B) initial spares and necessary ground support 
     equipment for 14C-27J aircraft to the Secretary of Homeland 
     Security for use by the Commandant of the Coast Guard as 
     maritime patrol aircraft.
       (f) Certification Requirement.--Notwithstanding any other 
     provision of law, the Secretary of Defense shall not transfer 
     any aircraft to either the Secretary of Agriculture or the 
     Secretary of Homeland Security until the Secretary of Defense 
     and the Director of the Office of Management and Budget 
     certify to the congressional defense committees that adequate 
     funding has been transferred to the Secretary of the Air 
     Force for the purpose of modifying all 7 HC-130H aircraft 
     identified in subsection (a) aircraft as large air tanker 
     wildfire suppression aircraft.
                                 ______
                                 
  SA 2500. 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 45 days after receiving the request from the 
     Secretary of Veterans Affairs.
       (b) 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 45-day period set forth in such subsection, 
     the Secretary of Defense shall furnish the Secretary of 
     Veterans Affairs with the information requested by not later 
     than 15 days after the end of the 45-day period set forth in 
     such subsection.
                                 ______
                                 
  SA 2501. 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 appropriate place in title X, insert the following:

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

       (a) In General.--The Secretary of Veterans Affairs, in 
     consultation with the Secretary of Defense and such military 
     historians as the Secretary of Defense recommends, shall 
     review the process used 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.--If pursuant to the review conducted under 
     subsection (a) the Secretary of Veterans Affairs determines 
     to establish a new process for determining whether a covered 
     individual is eligible for benefits described in subsection 
     (a) or (b) of section 107 of such title, such process 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 2502. 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 located in Sauk County, Wisconsin, and 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), if 
     administrative jurisdiction over the property is transferred 
     to another Federal agency to be held in trust, the Department 
     of Defense shall retain sole and exclusive Federal 
     responsibility and liability to fund and implement any action 
     required under the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 
     or any other applicable Federal or State law.
       (2) Limitation.--The liability described in paragraph (1) 
     is limited to the remediation of environmental contamination 
     caused by the activities of the Department of Defense that 
     existed before the date on which the property is transferred.
       (c) Effect.--Except as otherwise provided in this section, 
     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) 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
       (3) 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 2503. Ms. MURKOWSKI submitted an amendment intended to be proposed

[[Page S8502]]

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. FORT WAINWRIGHT, ALASKA.

       Notwithstanding any other provision of law, the Secretary 
     of the Army shall, on a nonreimbursable basis--
       (1) continue to provide, maintain, and sustain the Bureau 
     of Land Management Alaska Fire Service facilities at Fort 
     Wainwright, Alaska, as the facilities existed on May 1, 2013; 
     and
       (2) provide the Alaska Fire Service any access to any 
     facilities and services at Fort Wainwright, Alaska, that the 
     Alaska Fire Service may require for the fulfillment of the 
     mission of the Alaska Fire Service.
                                 ______
                                 
  SA 2504. Mr. RISCH 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. ANNUAL REPORT ON ALLIED CONTRIBUTIONS TO THE 
                   COMMON DEFENSE.

       (a) In General.--Not later than March 1, 2014, and annually 
     thereafter, the Secretary of Defense shall submit to the 
     congressional defense committees a report on allied 
     contributions to the common defense.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A comparison of the fair and equitable shares of the 
     mutual defense burdens of alliances with NATO member nations 
     and other allied nations that should be borne by the United 
     States, by other member nations of NATO, and by other allied 
     nations, based upon economic strength and other relevant 
     factors, and the actual defense efforts of each nation 
     together with an explanation of disparities that currently 
     exist and their impact on mutual defense efforts.
       (2) A description of efforts by the United States and the 
     efforts of other members of the alliances to eliminate any 
     existing disparities.
       (3) Projected estimates of the real growth in defense 
     spending for the fiscal year in which the report is submitted 
     for each NATO member nation and other allied nations.
       (4) A description of the defense-related initiatives 
     undertaken by each NATO member nation and other allied 
     nations within the real growth in defense spending of such 
     nation in the fiscal year immediately preceding the fiscal 
     year in which the report is submitted.
       (5) An explanation of those instances in which the 
     commitments to real growth in defense spending have not been 
     realized and a description of efforts being made by the 
     United States to ensure fulfillment of these important NATO 
     and other alliance commitments.
       (6) A description of the activities of each NATO member and 
     other allied nations to enhance the security an stability of 
     the Southwest Asia region and to assume additional missions 
     for their own defense as the United States allocates 
     additional resources to the mission of protecting Western 
     interests in world areas not covered by existing alliances.
       (7) A description of what additional actions the President 
     plans to take should the efforts by the United States 
     referred to in paragraphs (2) and (5) fail, and, in those 
     instances where such additional actions do not include 
     consideration of the repositioning of the United States Armed 
     Forces, a detailed explanation as to why such repositioning 
     is not being so considered.
       (8) A description of the United States military forces 
     assigned to permanent duty ashore in European member nations 
     of NATO and an analysis of the cost of providing and 
     maintaining such forces in such assignment primarily for 
     support of NATO roles and missions.
       (9) A description of the United States military forces 
     assigned to permanent duty ashore in European member nations 
     of NATO primarily in support of other United States interests 
     in other regions of the world and an analysis of the cost of 
     providing and maintaining such forces in such assignment 
     primarily for that purpose.
       (10) A specific enumeration and description of the offsets 
     to United States costs of providing and maintaining United 
     States military forces in Europe that the United States 
     received from other NATO member nations in the fiscal year 
     covered by the report, set out by country and by type of 
     assistance, including both in-kind assistance and direct cash 
     reimbursement, and the projected offsets for the five fiscal 
     years following the fiscal year covered by the report.
       (c) Form.--The report required under this section shall be 
     submitted in unclassified form, but may include a classified 
     annex as necessary.
       (d) Other Allied Nations Defined.--In this section, the 
     term ``other allied nations'' means the member nations of--
       (1) the Australia, New Zealand, and United States Security 
     Treaty;
       (2) the Treaty of Mutual Cooperation and Security between 
     the United States and Japan;
       (3) the Mutual Defense Treaty Between the United States and 
     the Republic of Korea; and
       (4) the Cooperation Council for the Arab States of the 
     Gulf.
                                 ______
                                 
  SA 2505. 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 B of title XII, add the following:

     SEC. 1220. REPORT ON RELOCATION PLAN FOR RESIDENTS OF CAMP 
                   LIBERTY, IRAQ.

       (a) Report Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of State, 
     the Secretary of Homeland Security, and the Attorney General 
     shall jointly submit to the specified congressional 
     committees a report on the current situation at Camp Liberty, 
     Iraq, and provide a strategy on the relocation of camp 
     residents to other countries.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) Information on how many residents are still located at 
     Camp Liberty.
       (2) A description of the United Nations High Commissioner 
     on Refugees (UNHCR) refugee process, the degree of resident 
     cooperation with the process, and when the process is 
     expected to be completed.
       (3) Information on how many residents have been given 
     refugee status.
       (4) Information on how many residents have been relocated, 
     and to which countries.
       (5) A detailed description of the current living 
     conditions, including the security situation, disposition of 
     security resources, and decisions by camp residents on how to 
     use those resources.
       (6) Information on those countries that would be willing 
     and able to take residents.
       (7) A relocation plan, including a detailed outline of the 
     steps that would need to be taken by the recipient countries, 
     the UNHCR, and the camp residents to relocate the residents 
     to other countries.
       (c) Specified Congressional Committees Defined.--In this 
     section, the term ``specified congressional committees'' 
     means--
       (1) the Committees on Foreign Relations, Armed Services, 
     Homeland Security and Governmental Affairs, and Judiciary of 
     the Senate; and
       (2) the Committees on Foreign Affairs, Armed Services, 
     Homeland Security, and Judiciary of the House of 
     Representatives.
                                 ______
                                 
  SA 2506. 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 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.

[[Page S8503]]

       (4) A report on the expected performance of each seaframe 
     variant and mission module against the current or updated 
     Capabilities Development Document.
       (6) Certification that a Capability Production Document 
     will be completed for each mission module before operational 
     testing.
                                 ______
                                 
  SA 2507. 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. PROHIBITION ON PROVISION OF ASSISTANCE TO 
                   GOVERNMENT OF SYRIA DURING DESTRUCTION OF 
                   SYRIAN CHEMICAL WEAPONS PROGRAM.

       During fiscal years 2014 and 2015, the United States 
     Government--
       (1) may not provide any equipment to the Government of 
     Syria that will not be used exclusively for the purposes of 
     the destruction of the Syrian chemical weapons program, or 
     that will remain in Syria after all the chemical weapons, 
     facilities, and materials are either removed from Syria or 
     destroyed in Syria; and
       (2) shall take appropriate steps to ensure that any United 
     States Government equipment provided to any other nation or 
     entity for the purposes of the destruction of the Syrian 
     chemical weapons program shall not remain in Syria after all 
     the chemical weapons, facilities, and materials are either 
     removed from Syria or destroyed in Syria.
                                 ______
                                 
  SA 2508. Mr. BLUNT 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 XIV, add the following:

          Subtitle C--National Rare Earth Refinery Cooperative

     SEC. 1431. SHORT TITLE.

       This subtitle may be cited as the ``National Rare Earth 
     Cooperative Act of 2013''.

     SEC. 1432. FINDINGS; STATEMENT OF POLICY.

       (a) Findings.--Congress makes the following findings:
       (1) Heavy rare earth elements are critical for the national 
     defense of the United States, advanced energy technologies, 
     and other desirable commercial and industrial applications.
       (2) The Government Accountability Office has confirmed that 
     the monopoly control of the People's Republic of China over 
     the rare earth value chain has resulted in vulnerabilities in 
     the procurement of multiple United States weapons systems.
       (3) China has leveraged its monopoly control over the rare 
     earth value chain to force United States, European, Japanese, 
     and Korean corporations to transfer manufacturing facilities, 
     technology, and jobs to China in exchange for secure supply 
     contracts.
       (4) China's increasingly aggressive mercantile behavior has 
     resulted in involuntary transfers of technology, 
     manufacturing, and jobs resulting in onerous trade imbalances 
     with the United States and trading partners of the United 
     States.
       (5) Direct links exist between heavy rare earth mineralogy 
     and thorium.
       (6) Thorium is a mildly radioactive element commonly 
     associated with the lanthanide elements in the most heavy 
     rare earth deposits that are located in the United States and 
     elsewhere.
       (7) Regulations regarding thorium represent a barrier to 
     the development of a heavy rare earth industry that is based 
     in the United States.
       (8) Balancing the strategic national interest objectives of 
     the United States against economic and environmental risks 
     are best met through the creation of a rare earth 
     cooperative.
       (9) A rare earth cooperative could--
       (A) greatly increase rare earth production;
       (B) ensure environmental safety; and
       (C) lower the cost of the production and financial risks 
     faced by rare earth producers in the United States.
       (10) Historically, agricultural and electric cooperatives 
     have stood as one of the greatest success stories of the 
     United States.
       (b) Statement of Policy.--It is the policy of the United 
     States to advance domestic refining of heavy rare earth 
     materials and the safe storage of thorium in anticipation of 
     the potential future industrial uses of thorium, including 
     energy, as--
       (1) thorium has a mineralogical association with valuable 
     heavy rare earth elements;
       (2) there is a great need to develop domestic refining 
     capacity to process domestic heavy rare earth deposits; and
       (3) the economy of the United States would benefit from the 
     rapid development and control of intellectual property 
     relating to the commercial development of technology 
     utilizing thorium.

     SEC. 1433. DEFINITIONS.

       In this subtitle:
       (1) Actinide.--The term ``actinide'' means a natural 
     element associated with any of the 15 rare earth minerals 
     with atomic number 43 and atomic numbers 84 through 93 on the 
     periodic table.
       (2) Consumer member.--
       (A) In general.--The term ``consumer member'' means a 
     member of the Cooperative that is--
       (i) an entity that is part of, or has a role in, the value 
     chain for rare earth materials or rare earth products, 
     including from the refined oxide stage to the stage in which 
     the rare earth elements are finished in any physical or 
     chemical form (including oxides, metals, alloys, catalysts, 
     or components); or
       (ii) a consumer of rare earth products.
       (B) Inclusions.--The term ``consumer member'' includes--
       (i) a producer of or other entity that is part of the value 
     chain for rare earth materials, including original equipment 
     manufacturer producers, whose place of business is located in 
     or outside the United States;
       (ii) a defense contractor in the United States; and
       (iii) any agency in the United States or outside the United 
     States that invests in the Cooperative.
       (3) Cooperative.--The term ``Cooperative'' means the 
     Thorium-Bearing Rare Earth Refinery Cooperative established 
     by section 1434(a)(1).
       (4) Cooperative board.--The term ``Cooperative Board'' 
     means the Board of Directors of the Cooperative established 
     under section 1434(b)(2).
       (5) Corporation.--The term ``Corporation'' means the 
     Thorium Storage, Energy, and Industrial Products Corporation 
     established under section 1435(a)(1).
       (6) Corporation board.--The term ``Corporation Board'' 
     means the Board of Directors of the Corporation established 
     under section 1435(b)(1).
       (7) Executive committee.--The term ``Executive Committee'' 
     means the executive committee established under section 
     1435(b)(2).
       (8) Initial board of directors.--The term ``Initial Board 
     of Directors'' means the initial Board of Directors for the 
     Cooperative established under section 1434(b)(1)(A).
       (9) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (10) National laboratory.--The term ``national laboratory'' 
     has the meaning given that term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (12) Supplier member.--The term ``supplier member'' means a 
     rare earth producer that enters into a contract to supply the 
     Cooperative with rare earth concentrates.
       (13) Tolling.--The term ``tolling'' means a fee-for-
     services contract between the Cooperative and a primary rare 
     earth producer under which--
       (A) the producer retains ownership and control of the 
     finished product; and
       (B) pays to the Cooperative a fee for services rendered by 
     the Cooperative.

     SEC. 1434. THORIUM-BEARING RARE EARTH REFINERY COOPERATIVE.

       (a) Establishment.--
       (1) In general.--There is established a Cooperative, to be 
     known as the ``Thorium-Bearing Rare Earth Refinery 
     Cooperative'', to provide for the domestic processing of 
     thorium-bearing rare earth concentrates.
       (2) Federal charter; ownership.--The Cooperative shall 
     operate under a Federal charter.
       (3) Membership.--
       (A) Composition.--The Cooperative shall be comprised of--
       (i) supplier members; and
       (ii) consumer members.
       (B) Supplier members.--
       (i) In general.--As a condition of entering into a contract 
     to supply the Cooperative with rare earth concentrates, 
     supplier members shall provide rare earth concentrates to the 
     Cooperative at market price.
       (ii) Capital contributions.--Any supplier member that makes 
     significant capital contributions to the Cooperative, as 
     determined by the Cooperative Board, may become a consumer 
     member for purposes of the distribution of profits of the 
     Cooperative under subparagraph (D).
       (C) Consumer member.--A consumer member--
       (i) shall make capital contributions to the Cooperative in 
     exchange for entering into negotiated supply agreements; and
       (ii) in accordance with the agreements entered into under 
     clause (i), may acquire finished rare earth products from the 
     Cooperative at market price.
       (D) Distribution of profits.--Any profits of the 
     Cooperative shall be distributed between supplier members and 
     consumer members in accordance with a formula established by 
     the Cooperative Board.
       (b) Management.--
       (1) Initial board of directors.--
       (A) In general.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary shall appoint the 
     Initial Board of Directors for the Cooperative, comprised of 
     5 members, of whom--

[[Page S8504]]

       (i) 1 member shall represent the Defense Logistics Agency 
     Strategic Materials program of the Department of Defense;
       (ii) 1 member shall represent the Assistant Secretary of 
     Defense for Research and Engineering;
       (iii) 1 member shall represent United States advocacy 
     groups for rare earth producers and original equipment 
     manufacturing interests;
       (iv) 1 member shall represent the United States Geological 
     Survey; and
       (v) 1 member who shall--

       (I) not be affiliated with a Federal agency; and
       (II) be recommended for appointment by a majority vote of 
     the other members of the Initial Board of Directors appointed 
     under clauses (i) through (iv).

       (B) Duties.--The Initial Board of Directors shall--
       (i) establish a charter, bylaws, and rules of governance 
     for the Cooperative;
       (ii) make formative business decisions on behalf of the 
     Cooperative; and
       (iii) assist in the formation of, and the provision of 
     tasks and assignments to, the Corporation.
       (C) Standing member.--The member appointed under 
     subparagraph (A)(v) shall remain on the Cooperative Board and 
     Corporation Board, until such time as--
       (i) the member voluntarily resigns; or
       (ii) a majority of the members of the Cooperative Board and 
     a majority of the members of the Corporation Board vote to 
     remove the member from the Cooperative Board and the 
     Corporation Board.
       (D) Termination.--The Initial Board of Directors shall 
     terminate on the date on which the initial members of the 
     Cooperative Board are appointed under paragraph (2).
       (2) Board of directors.--
       (A) In general.--The Board of Directors of the Cooperative 
     shall be comprised of 9 members, to be selected in accordance 
     with the bylaws of the Cooperative established under 
     paragraph (1)(B)(i), of whom--
       (i) 5 members shall be consumer members;
       (ii) 2 members shall be supplier members;
       (iii) 1 member shall represent an advocacy group for 
     defense contractors, other rare earth consumers, and 
     suppliers who are not represented by the Board or through 
     direct ownership in the Cooperative; and
       (iv) 1 member shall be the member of the Initial Board of 
     Directors appointed under paragraph (1)(A)(v).
       (B) Powers.--The Cooperative Board may--
       (i) prescribe the manner in which business shall be 
     conducted by the Cooperative;
       (ii) determine pay-out ratio formulas for consumer members 
     and supplier members, based on--

       (I) the capital stock ratios of consumer members; and
       (II) the value of supply member contracts, as determined 
     based on the volume, term, and distributions of rare earth 
     concentrates relative to processing costs; and

       (iii) evaluate technologies and processes for the efficient 
     extraction and refining of rare earth materials from various 
     source materials.
       (C) Refinery and office locations.--The Cooperative Board 
     shall establish the refinery and offices for the Cooperative 
     at any locations determined to be appropriate by the 
     Cooperative Board.
       (c) Powers; Duties.--
       (1) Investment partnerships.--The Cooperative shall seek to 
     enter into domestic and international investment partnerships 
     for the development of the refinery.
       (2) Agreements; direct sales.--The Cooperative may--
       (A) enter into equity, financial, and supply-based 
     agreements or arrangements with value-added intermediaries, 
     equipment manufacturers, consumers of rare earth products, 
     and Federal, State, or local agencies to provide economic 
     incentives, leases, or public financing; and
       (B) engage in direct market sales of rare earth products.
       (3) Supply contracts and tolling services.--
       (A) In general.--The Cooperative may--
       (i) directly purchase rare earth materials obtained from 
     any byproduct producers of rare earths;
       (ii) offer supplier members short-term or direct purchase 
     contracts; and
       (iii) allow primary rare earth producers to be tolling 
     customers of the Cooperative.
       (B) Requirements.--A tolling customer under subparagraph 
     (A)(iii) shall--
       (i) retain control of the rare earth products during the 
     processing, refining, or value adding of the rare earth 
     products by the Cooperative; and
       (ii) take possession of the rare earth products after--

       (I) tolling services are rendered by the Cooperative; and
       (II) the Cooperative has received payment in full for the 
     tolling services rendered.

       (C) Fee.--The Cooperative may charge tolling customers 
     under subparagraph (A)(iii) a tolling fee not to exceed the 
     sum of--
       (i) the amount equal to 110 percent of the total cost for 
     tolling services rendered by the Cooperative on behalf of the 
     tolling customer; and
       (ii) the amount equal to 5 percent of the market value of 
     the finished product provided to the tolling customer by the 
     Cooperative.
       (D) Applicable law.--Any contract among consumer members, 
     supplier members, tolling customers, and direct purchase 
     suppliers entered into under subparagraph (A)(iii) shall be 
     protected as provided in subsection 552(b)(4) of title 5, 
     United States Code.
       (E) Limitations.--A direct purchase consumer under 
     subparagraph (A)(ii) or a tolling customer under subparagraph 
     (A)(iii)--
       (i) shall not be considered to be a supplier member or 
     otherwise be considered a member of the Cooperative for 
     purposes of this subtitle; and
       (ii) shall not participate in Cooperative profits or have 
     voting rights with respect to the Cooperative.
       (d) Audits.--
       (1) In general.--The Cooperative shall retain an 
     independent auditor to evaluate the extent to which Federal 
     funds, if any, made available to the Cooperative for research 
     and development activities have been expended in a manner 
     that is consistent with the purposes of this subtitle and the 
     charter, bylaws, and rules of the Cooperative.
       (2) Reports.--The auditor retained under paragraph (1) 
     shall submit to the Secretary of Defense, the Cooperative, 
     and the Comptroller General of the United States an annual 
     report containing the findings and determinations of the 
     auditor.
       (3) Review by comptroller general.--The Comptroller General 
     of the United States shall--
       (A) review each annual report submitted to the Comptroller 
     General by the auditor under paragraph (2); and
       (B) submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report containing the comments of the 
     Comptroller General on the accuracy and completeness of the 
     report and any other matters relating to the report that the 
     Comptroller General considers appropriate.
       (e) Reimbursement of Federal Government.--Not later than 7 
     years of the date of the enactment of this Act, the 
     Cooperative shall reimburse the Federal Government for 
     administrative costs associated with the establishment of its 
     charter.

     SEC. 1435. THORIUM STORAGE, ENERGY, AND INDUSTRIAL PRODUCTS 
                   CORPORATION.

       (a) Establishment.--
       (1) In general.--As soon as practicable after the date of 
     the enactment of this Act, the Cooperative Board, in 
     consultation with the Secretary of Defense, shall establish 
     the Thorium Storage, Energy, and Industrial Products 
     Corporation to develop uses and markets for thorium, 
     including energy.
       (2) Federal charter.--The Corporation shall operate under a 
     Federal charter.
       (b) Management.--
       (1) Board of directors.--
       (A) In general.--The Board of Directors of the Corporation 
     shall be composed of 5 members.
       (B) Initial members.--The initial members of the 
     Corporation Board shall consist of the following members, to 
     be appointed by the Secretary of Defense:
       (i) 1 member, who shall represent the Assistant Secretary 
     of Defense for Research and Engineering.
       (ii) 1 member, who shall represent the Advanced Energy 
     Program of the Defense Advanced Research Project Agency.
       (iii) 1 member, who shall represent United States advocacy 
     groups for commercial development of thorium in nuclear 
     energy systems.
       (iv) 1 member, who shall represent a national laboratory.
       (v) 1 member, who is the member of the Initial Board of 
     Directors appointed under section 1434(b)(1)(A)(v).
       (C) Subsequent members.--Subject to subparagraphs (A) and 
     (D), subsequent members of the Corporation Board and 
     Executive Committee shall be appointed in accordance with the 
     bylaws of the Corporation established under paragraph 
     (2)(B)(i).
       (D) Standing members.--The initial members appointed under 
     clauses (iv) and (v) of subparagraph (B) shall remain on the 
     Corporation Board and the Executive Committee, until such 
     time as--
       (i) the members voluntarily resign;
       (ii) in the case of a member appointed under subparagraph 
     (B)(iv), a majority of the members of the Corporation Board 
     vote to remove the member from the Corporation Board; or
       (iii) in the case of a member appointed under subparagraph 
     (B)(v), a majority of the members of the Corporation Board 
     and a majority of the members of the Cooperative Board vote 
     to remove the member from the Corporation Board and the 
     Cooperative Board.
       (2) Executive committee.--
       (A) In general.--The Executive Committee for the 
     Corporation shall be composed of the initial members of the 
     Corporation Board appointed under clauses (iv) and (v) of 
     paragraph (1)(B).
       (B) Duties.--The Executive Committee shall--
       (i) establish the charter, rules of governance, bylaws, and 
     corporate structure for the Corporation; and
       (ii) make formative business decisions with respect to the 
     Corporation.
       (c) Powers.--
       (1) Establishment of subsequent entities.--
       (A) In general.--The Corporation may establish 1 or more 
     entities, to be known as an ``Industrial Products 
     Corporation'', for the certification, licensing, insuring, 
     and commercial development of all non-energy uses

[[Page S8505]]

     for thorium (including thorium isotopes and thorium daughter 
     elements), including--
       (i) alloys;
       (ii) catalysts;
       (iii) medical isotopes; and
       (iv) other products.
       (B) Authority of entities.--The entities described in 
     subparagraph (A) may--
       (i) develop standards, procedures, and protocols for the 
     approval of commercial and industrial applications for 
     thorium;
       (ii) carry out directly the production and sale of thorium-
     related non-energy products; and
       (iii) sell or license any production or sales rights to 
     third parties.
       (C) Sale or distribution of industrial products 
     corporation; creation of businesses and partnerships.--To 
     develop and commercialize non-energy uses for thorium, the 
     Corporation Board may--
       (i) create, sell, or distribute the equity of an entity 
     described in subparagraph (A); and
       (ii) establish partnerships with Federal agencies, foreign 
     governments, and private entities relating to businesses and 
     activities of the entity.
       (2) Sale or distribution of corporation equity; creation of 
     partnerships.--To develop and commercialize thorium energy, 
     the Corporation may sell or distribute equity and establish 
     partnerships with the United States and foreign governments 
     and private entities--
       (A) to create capital;
       (B) to develop intellectual property;
       (C) to acquire technology;
       (D) to establish business partnerships and raw material 
     supply chains;
       (E) to commercially develop thorium energy systems;
       (F) to commercially develop systems for the reduction of 
     spent fuel;
       (G) to develop hardened energy systems for the United 
     States military; and
       (H) to develop process heat technologies systems for coal-
     to-liquid fuel separation, desalinization, chemical 
     synthesis, and other applications.
       (d) Duties.--
       (1) Ownership of thorium and related actinides.--The 
     Corporation shall--
       (A) on a preprocessing basis, assume liability for and 
     ownership of all thorium and mineralogically associated or 
     related actinides and decay products contained within the 
     monazite and other rare earth concentrates in the possession 
     of the Cooperative;
       (B) after the Cooperative has separated the thorium from 
     the rare earth concentrates, take physical possession and 
     safely store all thorium-containing actinide byproducts, with 
     the costs of the storage to be paid by the Corporation from 
     fees charged or revenue from sales of other valuable 
     actinides;
       (C) develop new markets and uses for thorium;
       (D) develop energy systems from thorium; and
       (E) develop, manage, and control national and international 
     energy leasing and distribution platforms related to thorium 
     energy systems.
       (2) Safe, long-term storage; development of uses and 
     markets.--The Corporation shall--
       (A) in consultation with the Administrator of the 
     Environmental Protection Agency and the Secretary of Energy, 
     be responsible for the safe, long-term storage for all 
     thorium byproducts generated through the Cooperative, 
     consistent with part 192 of title 40, Code of Federal 
     Regulations (as in effect on the date of the enactment of 
     this Act), while taking into account the low relative risks 
     relating to thorium; and
       (B) develop uses and markets for thorium, including energy, 
     including by coordinating and structuring domestic and 
     international investment partnerships for the development of 
     commercial and industrial uses for thorium.
       (e) Audits.--
       (1) In general.--The Corporation shall retain an 
     independent auditor to evaluate the extent to which Federal 
     funds, if any, made available to the Corporation for research 
     and development activities have been expended in a manner 
     that is consistent with the purposes of this subtitle and the 
     charter, bylaws, and rules of the Corporation.
       (2) Reports.--The auditor retained under paragraph (1) 
     shall submit to the Secretary of Defense, the Corporation, 
     and the Comptroller General of the United States an annual 
     report containing the findings and determinations of the 
     auditor.
       (3) Review by comptroller general.--The Comptroller General 
     of the United States shall--
       (A) review each annual report submitted to the Comptroller 
     General by the auditor under paragraph (2); and
       (B) submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report containing the comments of the 
     Comptroller General on the accuracy and completeness of the 
     report and any other matters relating to the report that the 
     Comptroller General considers appropriate.
       (f) Reimbursement of Federal Government.--Not later than 7 
     years of the date of the enactment of this Act, the 
     Corporation shall reimburse the Federal Government for 
     administrative costs associated with the establishment of its 
     charter.

     SEC. 1436. DUTIES OF SECRETARY OF DEFENSE.

        (a) Advancement of Rare Earth Initiatives.--The Secretary 
     shall coordinate with other Federal agencies to advance and 
     protect--
       (1) domestic rare earth mining;
       (2) the refining of rare earth elements;
       (3) basic rare earth metals production; and
       (4) the development and commercialization of thorium, 
     including--
       (A) energy technologies and products; and
       (B) products containing thorium.
       (b) Annual Reports.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to Congress a report that, for the 
     period covered by the report--
       (1) contains a description of the progress in the 
     development of--
       (A) a domestic rare earth refining capacity;
       (B) commercial uses and energy-related uses for thorium; 
     and
       (2) takes into account each report submitted to the 
     Secretary by the Cooperative and the Corporation.
       (c) Federal Agencies; National Laboratories.--Each Federal 
     agency (including the Nuclear Regulatory Commission and the 
     Defense Advanced Research Projects Agency), each national 
     laboratory, and each facility funded by the Federal 
     Government shall provide assistance to the Cooperative and 
     the Corporation under this subtitle.
       (d) Institutions of Higher Education.--Each institution of 
     higher education is encouraged--
       (1) to develop training and national expertise in the field 
     of thorium development; and
       (2) to promote--
       (A) the marketing of thorium;
       (B) the advancement of the strategic uses of thorium; and
       (C) salt chemistry science and radio chemists.

     SEC. 1437. AUTHORIZATION OF DEPARTMENT OF DEFENSE TO 
                   ESTABLISH EQUITY STAKE IN COOPERATIVE.

       The Secretary may acquire and maintain a 10 percent equity 
     stake in the Cooperative in accordance with the provisions of 
     the Strategic and Critical Materials Stock Piling Act (50 
     U.S.C. 98 et seq.) for the purpose of accessing strategic 
     rare earth materials and eliminating the need to acquire such 
     materials under that Act.
                                 ______
                                 
  SA 2509. 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 XXVIII, add the 
     following:

     SEC. 2833. TRANSFER OF ADMINISTRATIVE JURISDICTION, CAMP 
                   GRUBER, OKLAHOMA.

       (a) Transfer Authorized.--Upon a determination by the 
     Secretary of the Army that the parcel of property at Camp 
     Gruber, Oklahoma, conveyed by the war asset deed dated June 
     29, 1949, between the United States of America and the State 
     of Oklahoma, or any portion thereof, is needed for national 
     defense purposes, including military training, and the 
     Secretary determines that the transfer of the parcel is in 
     the best interest of the Department of the Army, the 
     Administrator of General Services shall execute the 
     reversionary clause in the deed and immediately transfer 
     administrative jurisdiction to the Department of the Army.
       (b) Description of Property.--The exact acreage and legal 
     description of any real property to be transferred under 
     subsection (a) may be determined by a survey satisfactory to 
     the Secretary of the Army.
       (c) Additional Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with a transfer under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 2510. 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 H of title X, add the following:

     SEC. 1082. COMPLIANCE AUTHORITY FOR CERTAIN REPORTING 
                   REQUIREMENTS.

       (a) Compliance With Reporting Requirements on Monetary 
     Instrument Transactions.--Section 5318(a) of title 31, United 
     States Code, is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) by redesignating paragraph (6) as paragraph (7); and
       (3) by inserting after paragraph (5) the following:
       ``(6) rely on examinations conducted by a State supervisory 
     agency of a category of financial institution, if the 
     Secretary determines that, under the laws of the State--
       ``(A) the category of financial institution is required to 
     comply with this subchapter

[[Page S8506]]

     and regulations prescribed under this subchapter; or
       ``(B) the State supervisory agency is authorized to ensure 
     that the category of financial institution complies with this 
     subchapter and regulations prescribed under this subchapter; 
     and''.
       (b) Compliance With Reporting Requirements of Other 
     Financial Institutions.--Section 128 of Public Law 91-508 (12 
     U.S.C. 1958) is amended--
       (1) by striking ``this title'' and inserting ``this chapter 
     and section 21 of the Federal Deposit Insurance Act (12 
     U.S.C. 1829b)''; and
       (2) by inserting at the end the following: ``The Secretary 
     may rely on examinations conducted by a State supervisory 
     agency of a category of financial institution, if the 
     Secretary determines that under the laws of the State, the 
     category of financial institution is required to comply with 
     this chapter and section 21 of the Federal Deposit Insurance 
     Act (and regulations prescribed under this chapter and 
     section 21 of the Federal Deposit Insurance Act), or the 
     State supervisory agency is authorized to ensure that the 
     category of financial institution complies with this chapter 
     and section 21 of the Federal Deposit Insurance Act (and 
     regulations prescribed under this chapter and section 21 of 
     the Federal Deposit Insurance Act).''.
       (c) Consultation With State Agencies.--In issuing rules to 
     carry out section 5318(a)(6) of title 31, United States Code, 
     and section 128 of Public Law 91-508 (12 U.S.C. 1958), the 
     Secretary of the Treasury shall consult with State 
     supervisory agencies.
                                 ______
                                 
  SA 2511. Mr. CRUZ (for himself 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 D of title X, add the following:

     SEC. 1035. REWARDS AUTHORIZED.

       In accordance with the Rewards for Justice program 
     authorized under section 36(b) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2708), the Secretary of 
     State is authorized to pay a reward of not more than 
     $10,000,000 to any individual who furnishes information 
     leading to the arrest of any individual who committed, 
     conspired to commit, attempted to commit, or aided or abetted 
     the commission of the September 11-12, 2012 terrorist attack 
     on the Special Mission Compound and Annex in Benghazi, Libya.
                                 ______
                                 
  SA 2512. 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 C of title XII, add the following:

     SEC. 1237. IRAN NUCLEAR COMPLIANCE.

       (a) Effective Enforcement of Interim Agreement.--
       (1) In general.--During the 240-day period beginning on the 
     date of the enactment of this Act, the President may not, in 
     connection with the ongoing nuclear negotiations with Iran, 
     exercise a waiver of, suspend, or otherwise reduce any 
     sanctions imposed in relation to Iran, whether imposed 
     directly by statute or through an executive order, unless, 
     not later than 15 days before the waiver, suspension, or 
     other reduction takes effect, the President submits to the 
     appropriate congressional committees the certification 
     described in paragraph (2).
       (2) Certification described.--The certification described 
     in this paragraph is a certification with respect to the 
     waiver, suspension, or other reduction of sanctions under 
     paragraph (1) that--
       (A) it is in the vital national security interests of the 
     United States to waive, suspend, or otherwise reduce those 
     sanctions; and
       (B) Iran is in full compliance with the terms of any 
     interim agreement between the United States, the United 
     Kingdom, France, Russia, China, Germany, and Iran relating to 
     Iran's nuclear program.
       (3) Expiration of interim relief and reinstatement of 
     sanctions.--Any sanctions imposed in relation to Iran that 
     have been waived, suspended, or otherwise reduced in 
     connection with the ongoing nuclear negotiations with Iran, 
     regardless whether the waiver, suspension, or other reduction 
     of those sanctions took effect before or after the date of 
     the enactment of this Act, shall be immediately reinstated on 
     the date that is 240 days after such date of enactment.
       (b) Effective Enforcement of Final Agreement and 
     Limitations.--
       (1) In general.--On and after the date that is 240 days 
     after the date of the enactment of this Act, the President 
     may not, in connection with the ongoing nuclear negotiations 
     with Iran, exercise a waiver of, suspend, or otherwise reduce 
     any sanctions imposed in relation to Iran, whether imposed 
     directly by statute or through an executive order, unless, 
     not later than 15 days before the waiver, suspension, or 
     other reduction takes effect, the President submits to the 
     appropriate congressional committees the certification 
     described in paragraph (2).
       (2) Certification.--The certification described in this 
     paragraph is a certification that--
       (A) the conditions for a temporary waiver, suspension, or 
     other reduction of sanctions pursuant to subsection (a) 
     continue to be met;
       (B) Iran is in full compliance with the terms of all 
     agreements between the United States, the United Kingdom, 
     France, Russia, China, Germany, and Iran relating to Iran's 
     nuclear program;
       (C) Iran is in full compliance with terms of United Nations 
     Security Council Resolutions 1696 (2006), 1737 (2006), 1747 
     (2007), 1803 (2008), 1835 (2008), and 1929 (2010); and
       (D) Iran has provided a full accounting of all of its 
     nuclear weaponization and related activities, has committed, 
     in writing, to suspend all such activities, and is making 
     substantial efforts to do so.
       (c) Reinstatement of Sanctions Upon Noncompliance.--If the 
     President receives information from any person, 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 failed to 
     comply with the terms of any agreement between the United 
     States, the United Kingdom, France, Russia, China, Germany, 
     and Iran with respect to Iran's nuclear program or has 
     refused to cooperate in any way with appropriate requests of 
     the International Atomic Energy Agency, the President shall--
       (1) not later than 10 days after receiving that 
     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 making 
     that determination, reinstate all sanctions imposed in 
     relation to Iran that have been waived, suspended, or 
     otherwise reduced in connection with the ongoing nuclear 
     negotiations with Iran, without regard to whether the waiver, 
     suspension, or other reduction of those sanctions took effect 
     before or after the date of the enactment of this Act.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     has the meaning given that term in section 14 of the Iran 
     Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 
     note).
                                 ______
                                 
  SA 2513. Mr. BLUNT 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. DEVELOPMENT OF A COMPREHENSIVE ANTI-CORRUPTION 
                   STRATEGY IN AFGHANISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) According to the Special Inspector General for 
     Afghanistan Reconstruction (SIGAR), as of September 30, 2013, 
     the United States had appropriated approximately 
     $96,600,000,000 for relief and reconstruction assistance in 
     Afghanistan since 2002. The SIGAR report actually finds, 
     ``Since 2002, the United States has appropriated over $96 
     billion for reconstruction assistance in Afghanistan and, as 
     part of that assistance, has designated numerous programs or 
     activities to directly or indirectly help strengthen the 
     ability of Afghan government institutions to combat 
     corruption.'' It also finds, ``U.S. anti-corruption 
     activities in Afghanistan are not guided by a comprehensive 
     U.S. strategy or related guidance that defines clear goals 
     and objectives for U.S. efforts to strengthen the Afghan 
     government's capability to combat corruption and increase 
     accountability.''
       (2) To improve the capability to achieve a long-term 
     secure, stable, and successful Afghanistan, the Government of 
     Afghanistan, in coordination with the Department of State and 
     the Department of Defense, must improve its capacity to 
     combat corruption.
       (b) Comprehensive Strategy and Plan.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Secretary of Defense and in 
     consultation with the Government of Afghanistan, shall submit 
     to the appropriate congressional committees a report on anti-
     corruption activities and plans in Afghanistan.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) an assessment of the sectors of the Government of 
     Afghanistan that are most susceptible to corruption;
       (B) a description of the goals and measurable outcomes for 
     reducing corruption in the most vulnerable sectors of the 
     government identified in subparagraph (A);

[[Page S8507]]

       (C) plan for the implementation of the anti-corruption 
     goals that identifies objectives, benchmarks, and timelines; 
     and
       (D) a resourcing plan that includes personnel and funding 
     requirements.
       (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 2514. 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) Amendment.--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 ``for a period of 5 years'' and 
     inserting ``during the 5-year period beginning on the date of 
     the final deed transfer''.
       (2) Effective date; applicability.--The amendment 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 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 2515. 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 ``8 
     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 ``8 
     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 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 2516. 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, add the following:

DIVISION E--NUCLEAR TERRORISM CONVENTIONS IMPLEMENTATION AND SAFETY OF 
                        MARITIME NAVIGATION ACT

     SECTION 5001. SHORT TITLE.

       This division may be cited as the ``Nuclear Terrorism 
     Conventions Implementation and Safety of Maritime Navigation 
     Act of 2013''.

                 TITLE L--SAFETY OF MARITIME NAVIGATION

     SEC. 5101. AMENDMENT TO SECTION 2280 OF TITLE 18, UNITED 
                   STATES CODE.

       Section 2280 of title 18, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A)(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 paragraph (1)(A)(ii), by inserting ``, including the 
     territorial seas'' after ``in the United States''; and
       (C) in paragraph (1)(A)(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)'';
       (3) by striking subsection (d);
       (4) by striking subsection (e) and inserting after 
     subsection (c):
       ``(d) Definitions.--As used in this section, section 2280a, 
     section 2281, and section 2281a, the term--
       ``(1) `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' 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' means--
       ``(A) microbial or other biological agents, or toxins 
     whatever their origin or method of production, of types and 
     in quantities that

[[Page S8508]]

     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' means, together or separately--
       ``(A) toxic chemicals and their precursors, except where 
     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,
     as long as 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' 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 material' has the meaning given the term 
     in section 841(c) and includes explosive as defined in 
     section 844(j) of this title;
       ``(7) `infrastructure facility' has the meaning given the 
     term in section 2332f(e)(5) of this title;
       ``(8) `international organization' has the meaning given 
     the term in section 831(f)(3) of this title;
       ``(9) `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' has the meaning 
     stated in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22));
       ``(11) `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 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' 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' has the meaning given the term 
     in section 2332f(e)(6) of this title;
       ``(15) `precursor' has the meaning given the term in 
     section 229F(6)(A) of this title;
       ``(16) `public transport system' has the meaning given the 
     term in section 2332f(e)(7) of this title;
       ``(17) `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' 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' 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' 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' 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' has the meaning given the term in 
     section 229F(8)(A) of this title;
       ``(23) `transport' means to initiate, arrange or exercise 
     effective control, including decisionmaking authority, over 
     the movement of a person or item; and
       ``(24) `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.''; and
       (5) by inserting after subsection (d) (as added by 
     paragraph (4) of this section) 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.
       ``(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. 5102. NEW SECTION 2280[A] OF TITLE 18, UNITED STATES 
                   CODE.

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

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

       ``(a) Offenses.--
       ``(1) In general.--Subject to the exceptions 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, except where--

       ``(I) the country to the territory of which or under the 
     control of which such item is

[[Page S8509]]

     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 subparagraph (A), (B), (D), or 
     (E) of this section or an offense set forth 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 subsection (a)(2) offense 
     pertains to subparagraph (A); or
       ``(E) attempts to do any act prohibited under subparagraph 
     (A), (B) or (D), or conspires to do any act prohibited by 
     subparagraphs (A) through (E) or subsection (a)(2),
     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 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 in 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 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.''.
       (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 new item:

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

     SEC. 5103. AMENDMENTS TO SECTION 2281 OF TITLE 18, UNITED 
                   STATES CODE.

       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 inserting after subsection (d) the following:
       ``(e) Exceptions.--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.''.

     SEC. 5104. NEW SECTION 2281A OF TITLE 18, UNITED STATES CODE.

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

     ``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 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 in 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 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.
       ``(d) Definitions.--In this section--
       ``(1) `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; and
       ``(2) `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 new item:

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

     SEC. 5105. ANCILLARY MEASURE.

       Section 2332b(g)(5)(B) of title 18, United States Code, is 
     amended by inserting ``2280a (relating to maritime safety),'' 
     before ``2281'', and by striking ``2281'' and inserting 
     ``2281 through 2281a''.

               TITLE LI--PREVENTION OF NUCLEAR TERRORISM

     SEC. 5201. NEW SECTION 2332[I] OF TITLE 18, UNITED STATES 
                   CODE.

       (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.--Whoever knowingly and unlawfully--

[[Page S8510]]

       ``(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,
     shall be punished as prescribed in subsection (c).
       ``(2) Threats.--Whoever, 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.--Whoever attempts to 
     commit an offense under paragraph (1) or conspires to commit 
     an offense under paragraph (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.--Whoever violates this section shall be 
     fined not more than $2,000,000 and shall be 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.--As used in this section, the term--
       ``(1) `armed conflict' has the meaning given that term in 
     section 2332f(e)(11) of this title;
       ``(2) `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' has the meaning given 
     that term in section 831(f)(3) of this title;
       ``(4) `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' has the meaning given 
     that term in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22));
       ``(6) `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' has the meaning given that term in 
     section 831(f)(1) of this title;
       ``(8) `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' has the meaning given that 
     term in section 831(f)(4) of this title;
       ``(10) `state' has the same meaning as that term has under 
     international law, and includes all political subdivisions 
     thereof;
       ``(11) `state or government facility' has the meaning given 
     that term in section 2332f(e)(3) of this title;
       ``(12) `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' has the meaning given that term in section 
     1502(19) of title 33; and
       ``(14) `vessel of the United States' has the meaning given 
     that 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.
       (d) Inclusion in Definition of Federal Crimes 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)''.

     SEC. 5202. AMENDMENT TO SECTION 831 OF TITLE 18 OF THE 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 (4) 
     through (9);
       (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 adding after ``United 
     States'' the following: ``or a stateless person whose 
     habitual residence is in the United States'';
       (2) by striking paragraph (5);
       (3) in paragraph (4), by striking ``or'' at the end; and
       (4) by inserting after paragraph (4), 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) through (f) as (e) 
     through (g), respectively;
       (e) by inserting after subsection (c):
       ``(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.''; 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 that 
     term in section 2332f(e)(11) of this title;
       ``(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 same meaning as that term 
     has under international law, and includes all political 
     subdivisions thereof;
       ``(11) the term `state or government facility' has the 
     meaning given that term in section 2332f(e)(3) of this title; 
     and

[[Page S8511]]

       ``(12) the term `vessel of the United States' has the 
     meaning given that term in section 70502 of title 46.''.
                                 ______
                                 
  SA 2517. 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 F of title III, add the following:

     SEC. 353. CODIFICATION OF NATIONAL GUARD STATE PARTNERSHIP 
                   PROGRAM.

       (a) State Partnership Program.--
       (1) In general.--Chapter 1 of title 32, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 116. State Partnership Program

       ``(a) Availability of Appropriated Funds.--(1) Funds 
     appropriated to the Department of Defense, including for the 
     Air and Army National Guard, shall be available for the 
     payment of costs to conduct activities under the State 
     Partnership Program, whether inside the United States or 
     outside the United States, for purposes as follows:
       ``(A) To support the objectives of the commander of the 
     combatant command for the theater of operations in which such 
     activities are conducted.
       ``(B) To support the objectives of the United States chief 
     of mission of the partner nation with which such activities 
     are conducted.
       ``(C) To build international partnerships and defense and 
     security capacity.
       ``(D) To strengthen cooperation between the departments and 
     agencies of the United States Government and agencies of 
     foreign governments to support building of defense and 
     security capacity.
       ``(E) To facilitate intergovernmental collaboration between 
     the United States Government and foreign governments in the 
     areas of defense and security.
       ``(F) To facilitate and enhance the exchange of information 
     between the United States Government and foreign governments 
     on matters relating to defense and security.
       ``(2) Costs under paragraph (1) may include costs as 
     follows:
       ``(A) Costs of pay and allowances of members of the 
     National Guard.
       ``(B) Travel and necessary expenses of United States 
     personnel outside of the Department of Defense in the State 
     Partnership Program.
       ``(C) Travel and necessary expenses of foreign participants 
     directly supporting activities under the State Partnership 
     Program.
       ``(b) Limitations.--(1) Funds shall not be available under 
     subsection (a) for activities described in that subsection 
     that are conducted in a foreign country unless jointly 
     approved by the commander of the combatant command concerned 
     and the chief of mission concerned.
       ``(2) Funds shall not be available under subsection (a) for 
     the participation of a member of the National Guard in 
     activities described in that subsection in a foreign country 
     unless the member is on active duty in the armed forces at 
     the time of such participation.
       ``(3) Funds shall not be available under subsection (a) for 
     interagency activities involving United States civilian 
     personnel or foreign civilian personnel unless the 
     participation of such personnel in such activities--
       ``(A) contributes to responsible management of defense 
     resources;
       ``(B) fosters greater respect for and understanding of the 
     principle of civilian control of the military;
       ``(C) contributes to cooperation between United States 
     military and civilian governmental agencies and foreign 
     military and civilian government agencies; or
       ``(D) improves international partnerships and capacity on 
     matters relating to defense and security.
       ``(c) Reimbursement.--In the event of the participation of 
     United States Government participants (other than personnel 
     of the Department of Defense) in activities for which payment 
     is made under subsection (a), the head of the department or 
     agency concerned shall reimburse the Secretary of Defense for 
     the costs associated with the participation of such personnel 
     in such contacts and activities. Amounts reimbursed the 
     Department of Defense under this subsection shall be 
     deposited in the appropriation or account from which amounts 
     for the payment concerned were derived. Any amounts so 
     deposited shall be merged with amounts in such appropriation 
     or account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such appropriation or account.
       ``(d) Definitions.--In this section:
       ``(1) The term `State Partnership Program' means a program 
     that establishes a defense and security relationship between 
     the National Guard of a State or territory and the military 
     and security forces, and related disaster management, 
     emergency response, and security ministries, of a foreign 
     country.
       ``(2) The term `activities', for purposes of the State 
     Partnership Program, means any military-to-military 
     activities or interagency activities for a purpose set forth 
     in subsection (a)(1).
       ``(3) The term `interagency activities' means the 
     following:
       ``(A) Contacts between members of the National Guard and 
     foreign civilian personnel outside the ministry of defense of 
     the foreign country concerned on matters within the core 
     competencies of the National Guard.
       ``(B) Contacts between United States civilian personnel and 
     members of the Armed Forces of a foreign country on matters 
     within such core competencies.
       ``(4) The term `matter within the core competencies of the 
     National Guard' means matters with respect to the following:
       ``(A) Disaster response and mitigation.
       ``(B) Defense support to civil authorities.
       ``(C) Consequence management and installation protection.
       ``(D) Response to a chemical, biological, radiological, 
     nuclear, or explosives (CBRNE) event.
       ``(E) Border and port security and cooperation with 
     civilian law enforcement.
       ``(F) Search and rescue.
       ``(G) Medicine.
       ``(H) Counterdrug and counternarcotics activities.
       ``(I) Public affairs.
       ``(J) Employer support and family support for reserve 
     forces.
       ``(5) The term `United States civilian personnel' means the 
     following:
       ``(A) Personnel of the United States Government (including 
     personnel of departments and agencies of the United States 
     Government other than the Department of Defense) and 
     personnel of State and local governments of the United 
     States.
       ``(B) Members and employees of the legislative branch of 
     the United States Government.
       ``(C) Nongovernmental individuals.
       ``(6) The term `foreign civilian personnel' means the 
     following:
       ``(A) Civilian personnel of a foreign government at any 
     level (including personnel of ministries other than 
     ministries of defense).
       ``(B) Nongovernmental individuals of a foreign country.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by adding at 
     the end the following new item:

``116. State Partnership Program.''.
       (b) Repeal of Superseded Authority.--Section 1210 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2517; 32 U.S.C. 107 note) is 
     repealed.
                                 ______
                                 
  SA 2518. Ms. HIRONO 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 157, between the matter preceding line 1 and line 
     1, insert the following:
       (e) Duties on Retaliation and Retribution for Reporting of 
     Sexual Assault.--
       (1) Training.--Individuals serving as Special Victims' 
     Counsels shall be provided training on retaliation and 
     retribution against victims for reporting crimes.
       (2) Additional duties.--In addition to the duties specified 
     in subsection (a)(3), the duties of a Special Victims' 
     Counsel shall include the provision of legal advice and 
     assistance regarding acts of retaliation and retribution 
     resulting from reporting a sexual assault.
                                 ______
                                 
  SA 2519. Ms. HIRONO 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. DISSEMINATION AND TRACKING OF COMMAND CLIMATE 
                   SURVEYS AND UNIT CLIMATE ASSESSMENTS.

       (a) Dissemination of Results.--The results of each command 
     climate survey or unit climate assessment required to be 
     performed pursuant to regulations of the military department 
     having jurisdiction over the command or unit concerned shall 
     be provided to the following:
       (1) In the case of a command or unit under the command of a 
     commanding officer in grade O-6 or above, to the commander in 
     the next higher level in the chain of command of such 
     commanding officer.
       (2) In the case of a command or unit under the command of a 
     commanding officer in grade O-5 or below, to the commanders 
     in the next two higher levels in the chain of command of such 
     commanding officer.
       (b) Tracking of Unit Progress.--The results of surveys and 
     assessments described in subsection (a) shall be maintained 
     for each command or unit concerned in order to permit an 
     ongoing evaluation of the climate of such command or unit and 
     an assessment of the progress made by such command or unit on 
     matters covered by the surveys and assessments.

[[Page S8512]]

       (c) Availability of Results for Promotion Selection 
     Boards.--Under regulations prescribed by the Secretary of 
     Defense, the results of surveys and assessments described in 
     subsection (a) regarding the command or unit of an officer 
     being considered for selection for promotion or selection for 
     command shall be made available to the promotion selection 
     board or command selection board, as applicable, for 
     consideration for selection in such manner as the Secretary 
     shall provide in such regulations.
                                 ______
                                 
  SA 2520. 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 PLANS FOR THE DISPOSITION OF C-27A 
                   AIRCRAFT ACQUIRED FOR THE AFGHAN NATIONAL 
                   SECURITY FORCES.

       Not later than 180 days after the enactment of this act. 
     The Secretary of Defense shall submit to the Congressional 
     Defense Committees a report on the plans of the Department of 
     Defense for the final disposition of the C-27A aircraft 
     acquired to build the capabilities of the Afghan National 
     Security Forces.
                                 ______
                                 
  SA 2521. 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 title XII, add the following:

                  Subtitle D--Syria Transition Support

     SEC. 1241. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this subtitle, except as specifically provided in part 
     III of this subtitle, 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.

     SEC. 1242. PURPOSES OF ASSISTANCE.

       The purposes of assistance authorized by this subtitle 
     are--
       (1) to support transition from the current regime to a just 
     and democratic state that is inclusive and protects the 
     rights of all Syrians regardless of religion, ethnicity, or 
     gender;
       (2) to assist the people of Syria, especially internally 
     displaced persons and refugees, in meeting basic needs 
     including access to food, health care, shelter, and clean 
     drinking water;
       (3) to provide political and economic support to those 
     neighboring countries who are hosting refugees fleeing Syria 
     and to international organizations that are providing 
     assistance and coordinating humanitarian relief efforts;
       (4) to oppose the unlawful use of violence against 
     civilians by all parties to the conflict in Syria;
       (5) to use a broad array of instruments of national power 
     to expedite a negotiated solution to the conflict in Syria, 
     including the departure of Bashar al-Assad;
       (6) to recognize the National Coalition for Syrian 
     Revolutionary and Opposition Forces (in this subtitle 
     referred to as the ``Syrian Opposition Coalition'') as a 
     legitimate representative of the Syrian people;
       (7) to engage with opposition groups that reflect United 
     States interests and values, most notably the Syrian 
     Opposition Coalition, any legitimate successor groups, 
     including appropriate subgroups within the opposition that 
     are representative of the Syrian people, as well as the 
     broader international community, that are committed to 
     facilitating an orderly transition to a more stable 
     democratic political order, including--
       (A) protecting human rights, expanding political 
     participation, and providing religious freedom to all 
     Syrians, irrespective of religion, ethnicity, or gender;
       (B) supporting the rule of law;
       (C) rejecting terrorism and extremist ideologies;
       (D) subordinating the military to civilian authority;
       (E) protecting the Syrian population against sectarian 
     violence and reprisals;
       (F) cooperating with international counterterrorism and 
     nonproliferation efforts;
       (G) supporting regional stability and avoiding interference 
     in the affairs of neighboring countries; and
       (H) establishing a strong justice system and ensuring 
     accountability for conflict-related crimes;
       (8) to promote the territorial integrity of Syria and 
     continuity of the Syrian state by supporting a post-Assad 
     government that is capable of providing security, services, 
     and political and religious rights to its people;
       (9) to support efforts to identify and document the 
     activities of those individuals who target or lead units or 
     organizations that target civilian populations and vulnerable 
     populations, including women and children, or have engaged in 
     otherwise unlawful acts, and to ensure that they are held 
     accountable for their actions; and
       (10) to ensure a stable and appropriate political 
     transition in Syria and limit the threats posed by extremist 
     groups, weapons proliferation, sectarian and ethnic violence, 
     and refugee flows in the aftermath of the current conflict.

     SEC. 1243. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE.

       Nothing in this subtitle shall be construed as providing 
     authorization for the use of military force by the United 
     States Armed Forces.

       PART I--UNITED STATES STRATEGY AND CONGRESSIONAL OVERSIGHT

     SEC. 1251. REPORT ON UNITED STATES STRATEGY ON SYRIA.

       (a) In General.--Not later than 60 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 an classified annex, as necessary, 
     on an integrated United States Government strategy to achieve 
     the purposes set forth in section 1242.
       (b) Metrics.--The strategy referenced in subsection (a) 
     should include specific proposed actions to be taken by each 
     relevant government agency, a timeframe for beginning and 
     completing such actions, and metrics for evaluating the 
     success of each proposed action relative to the purpose of 
     such action.
       (c) International Engagement Strategy.--The strategy 
     referenced in subsection (a) should specifically include 
     sections describing specific United States Government 
     programs and efforts--
       (1) to establish international consensus on the transition 
     and post-transition period and government in Syria;
       (2) to work with the Government of Russia on the situation 
     in Syria and the transition and post-transition period and 
     government in Syria, including how such programs can leverage 
     the shared interests of the United States and Russia in 
     avoiding the expansion of extremist ideologies and terrorist 
     groups in Syria and the region;
       (3) to work with the Friends of Syria group to ensure that 
     extremist and terrorist groups in Syria are isolated and that 
     the core of the opposition can be brought to the negotiating 
     table; and
       (4) to build an international consensus to limit and, to 
     the greatest extent possible eliminate, support from the 
     Government of Iran for the Syrian regime, including a 
     potential ban on all commercial flights between Iran and 
     Syria.
       (d) Congressional Consultation.--The President shall 
     actively consult with the appropriate congressional 
     committees prior to the submission of the report required 
     under subsection (a).

     SEC. 1252. CONGRESSIONAL OVERSIGHT OF UNITED STATES 
                   GOVERNMENT ACTIVITIES IN SYRIA.

       (a) In General.--The President shall keep Congress, through 
     the appropriate congressional committees, fully and currently 
     informed of all United States Government activities with 
     respect to Syria, including activities and programs conducted 
     or funded pursuant to this subtitle.
       (b) Reporting.--The President shall provide a classified 
     briefing not less than on a quarterly basis to the 
     appropriate congressional committees detailing all United 
     States Government activities with respect to Syria, including 
     activities and programs conducted or funded pursuant to this 
     subtitle.

                    PART II--HUMANITARIAN ASSISTANCE

     SEC. 1261. HUMANITARIAN ASSISTANCE TO THE PEOPLE OF SYRIA.

       (a) Authority.--Notwithstanding any other provision of law 
     that restricts the provision of United States economic or 
     other non-military assistance in Syria, the President is 
     authorized to provide economic and other non-military 
     assistance to meet humanitarian needs to the people of Syria, 
     either directly or through appropriate groups and 
     organizations pursuant to the provisions of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the 
     Migration and Refugee Assistance Act (22 U.S.C. 2601 et 
     seq.).
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to authorize new or additional funding for 
     humanitarian needs.

     SEC. 1262. SENSE OF CONGRESS.

       Consistent with the policy objectives described in section 
     1242, it is the sense of Congress that--
       (1) the United States should continue to coordinate with 
     other donor nations, the United Nations, other multilateral 
     agencies, and nongovernmental organizations to enhance the 
     effectiveness of humanitarian assistance to the people 
     suffering as a result of the crisis in Syria;
       (2) countries hosting Syrian refugees should be commended 
     for their efforts and should be encouraged to maintain an 
     open border policy for fleeing Syrians;
       (3) the United States Government should continue to work 
     with these partners to help their national systems 
     accommodate the population influx and also maintain delivery 
     of basic services to their own citizens; and
       (4) the United States Government should seek to identify 
     humanitarian assistance as

[[Page S8513]]

     originating from the American people wherever possible and to 
     the fullest extent practicable, while maintaining 
     consideration for the health and safety of the implementers 
     and recipients of that assistance and the achievement of 
     United States policy goals and the purposes set forth in 
     section 1242.

     SEC. 1263. REPORT ON STRATEGY TO COMMUNICATE TO THE SYRIAN 
                   PEOPLE ABOUT ASSISTANCE PROVIDED BY THE UNITED 
                   STATES GOVERNMENT.

       (a) In General.--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, as necessary, on 
     an integrated United States Government strategy to ensure 
     that the people of Syria people are made aware to the maximum 
     extent possible of the assistance that the United States 
     Government provides to Syrians both inside Syria and those 
     seeking refuge in neighboring countries.
       (b) Content.--The report should include the following 
     elements:
       (1) A discussion of how the United States balances three 
     imperatives of--
       (A) maximizing the efficacy of aid provided to the people 
     of Syria;
       (B) ensuring that there is awareness among the people of 
     Syria on the amount and nature of this aid; and
       (C) leveraging this aid to improve the credibility of the 
     Syrian Opposition Coalition amongst the people of Syria.
       (2) Methods by which the United States Government and its 
     partners plan to communicate to the people of Syria what 
     assistance the United States has provided.
       (3) A plan, with specific action, timelines, and evaluation 
     metrics for promoting awareness of the United States 
     Government's assistance to the maximum extent possible while 
     taking into consideration and ensuring the safety of its 
     implementing partners and personnel providing that assistance 
     and the achievement of the United States policy goals and the 
     purposes set forth in section 1242.
       (4) An assessment of the Syrian Opposition Coalition's 
     Assistance Coordination Unit (ACU)'s, or any appropriate 
     successor entity's, capacity to participate in the 
     distribution of assistance, and a description of steps the 
     United States Government is taking to increase their profile 
     so as to help build their credibility among Syrians.

                       PART III--SYRIA SANCTIONS

     SEC. 1271. DEFINITIONS.

       In this part:
       (1) 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.
       (2) 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).
       (3) Person.--The term ``person'' means an individual or 
     entity.
       (4) 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.
       (5) 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.
       (6) 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. 1272. 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 1274 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.

     SEC. 1273. 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 1274 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. 1274. SANCTIONS DESCRIBED.

       The sanctions the President may impose with respect to a 
     person under sections 1272 and 1273 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. 1275. WAIVERS.

       (a) General Waiver Authority.--The President may waive the 
     application of section 1272 or 1273 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 1273 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. 1276. 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 part under 
     the laws of those countries.
                                 ______
                                 
  SA 2522. 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 title XII, add the following:

                  Subtitle D--Egypt Assistance Reform

     SEC. 1241. SHORT TITLE.

       This subtitle may be referred to as the ``Egypt Assistance 
     Reform Act of 2013''.

[[Page S8514]]

PART I--PROHIBITION ON ASSISTANCE TO GOVERNMENTS FOLLOWING COUP D'ETATS

     SEC. 1251. PROHIBITION ON ASSISTANCE TO GOVERNMENTS FOLLOWING 
                   COUPS D'ETAT.

       Chapter 1 of part II of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2301 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 502C. PROHIBITION ON ASSISTANCE FOLLOWING COUPS 
                   D'ETAT.

       ``(a) In General.--After the date of enactment of this Act. 
     Except as provided under subsection (b), no foreign 
     assistance authorized pursuant to this Act or the Arms Export 
     Control Act (22 U.S.C. 2751 et seq.) may be provided to the 
     government of a foreign country, and none of the funds 
     appropriated for such assistance shall be obligated or 
     expended to finance directly any such assistance for such 
     government, whose democratically elected head of government 
     is deposed by coup d'etat or decree in which the security 
     services of that country play a decisive role.
       ``(b) Exceptions.--The prohibition in subsection (a) shall 
     not apply to humanitarian assistance or assistance to promote 
     democratic elections or public participation in democratic 
     processes.
       ``(c) Determination and Publication.--
       ``(1) In general.--After the date of enactment of this Act. 
     Not later than 30 days of receiving credible information that 
     the democratically elected head of a national government may 
     have been deposed by coup d'etat or decree in which the 
     security services of that country played a decisive role, the 
     Secretary of State shall determine whether the democratically 
     elected head of government was deposed by coup d'etat or 
     decree in which the security forces of that country played a 
     decisive role.
       ``(2) Transmission of determination.--A determination made 
     under paragraph (1) shall be submitted to the appropriate 
     congressional committees on the day that such determination 
     is made.
       ``(d) Termination of Restriction.--The restriction in 
     subsection (a) shall terminate 15 days after the Secretary of 
     State notifies the appropriate congressional committees that 
     a democratically elected government has taken office in such 
     country pursuant to elections determined to be free and fair.
       ``(e) Waiver.--
       ``(1) In general.--The President may waive the restrictions 
     in subsection (a) for a 180-day period if, not later than 5 
     days before the waiver takes effect, the President--
       ``(A) certifies to the appropriate congressional committees 
     that providing such assistance is in the vital national 
     security interests of the United States, including for the 
     purpose of combatting terrorism; and
       ``(B) such foreign government is committed to restoring 
     democratic governance and due process of law, and is taking 
     demonstrable steps toward holding free and fair elections in 
     a reasonable timeframe.
       ``(2) Consultation.--Not later than 30 days prior to the 
     submission of the certification required by subparagraph (A) 
     of paragraph (1), the Secretary of State shall consult with 
     the appropriate congressional committees regarding the use of 
     the waiver authority provided under such paragraph and 
     provide such committees a full briefing on the need for such 
     waiver.
       ``(3) Extension of waiver.--The Secretary of State may 
     extend the effective period of a waiver under paragraph (1) 
     for an additional 180-day period if, not later than 5 days 
     before the extension takes effect, the Secretary of State 
     submits to the appropriate congressional committees an 
     updated certification meeting the requirements of 
     subparagraphs (A) and (B) of paragraph (1).
       ``(f) Reporting Requirement.--Any certification submitted 
     pursuant to subsection (e) shall be accompanied by a report 
     describing the types and amounts of assistance to be provided 
     pursuant to the waiver and the justification for the waiver, 
     including a description and analysis of the foreign 
     government's commitment to restoring democratic governance 
     and due process of law and the demonstrable steps being taken 
     by such foreign government toward holding free and fair 
     elections.
       ``(g) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means the Committees on Foreign Relations and Appropriations 
     of the Senate and the Committees on Foreign Affairs and 
     Appropriations of the House of Representatives.''.

              PART II--UNITED STATES ASSISTANCE FOR EGYPT

     SEC. 1261. SUSPENSION AND REFORM OF ARMS SALES.

       (a) 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 the strategy required under 
     subsection (d) and submits to the appropriate congressional 
     committees a certification that--
       (1) providing such assistance is in the national security 
     interests of the United States; and
       (2) the Government of Egypt--
       (A) continues to implement the Peace Treaty between the 
     State of Israel and the Arab Republic of Egypt, signed at 
     Washington, March 26, 1979;
       (B) 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;
       (C) is allowing the United States Armed Forces to transit 
     the territory of Egypt, including through the airspace and 
     territorial waters of Egypt;
       (D) 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;
       (E) 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; 
     and
       (F) is respecting freedom of expression and due process of 
     law, including respecting the rights of women and religious 
     minorities.
       (b) Exception.--The limitation under subsection (a) 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.
       (c) Waiver.--
       (1) In general.--The President may waive the restrictions 
     in subsection (a) for a 180-day period if, not later than 15 
     days before the waiver takes effect, the President--
       (A) certifies to the appropriate congressional committees 
     that providing such assistance is in the vital national 
     security interests of the United States;
       (B) transmits the strategy required under subsection (d) to 
     such committees;
       (C) provides to such committees a report detailing the 
     reasons for making the determination that such assistance is 
     in the vital national security interests of the United 
     States; and
       (D) submits to such committees an analysis of the degree to 
     which providing such assistance is in the national security 
     interests of the United States and the actions of the 
     Government of Egypt do or do not satisfy each of the criteria 
     contained in subparagraphs (A) through (F) of paragraph (2).
       (2) Extension of waiver.--The President may extend the 
     effective period of a waiver under paragraph (1) 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, report, and analysis that meet the 
     requirements of subparagraph (A), (C), and (D), respectively, 
     of paragraph (1).
       (d) Strategy to Reform United States Military Assistance to 
     Egypt.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to Congress a comprehensive strategy for modernizing 
     and improving United States security cooperation with, and 
     assistance for Egypt. The strategy shall seek to--
       (A) enhance the ability of the Government of Egypt to 
     detect, disrupt, dismantle, and defeat al Qaeda, its 
     affiliated groups, and other terrorist organizations 
     operating in Egypt, and to counter terrorist ideology and 
     radicalization in Egypt;
       (B) improve the capacity of the Government of Egypt to 
     prevent human trafficking and the illicit movement of 
     terrorists, criminals, weapons, and other dangerous material 
     across Egypt's borders or administrative boundaries, 
     especially through illicit points of entry into the Gaza 
     Strip;
       (C) improve the Government of Egypt's operational 
     capabilities in counterinsurgency, counterterrorism, and 
     border and maritime security;
       (D) enhance the capacity of the Government of Egypt to 
     gather, integrate, analyze, and share intelligence, 
     especially with respect to the threat posed by terrorism and 
     other illicit activity, while also ensuring a proper 
     protection for the civil liberties of Egypt's citizens; and
       (E) increase transparency, accountability to civilian 
     authority, respect for human rights, and the rule of law 
     within the armed forces of Egypt.
       (2) Elements.--The strategy required under paragraph (1) 
     shall include the following elements:
       (A) A detailed assessment of the mechanism by which 
     military assistance is provided to Egypt and whether such 
     mechanism should be modified.
       (B) A detailed summary of the current balance between the 
     levels of economic and military support provided to Egypt, 
     including an assessment of whether funding for economic 
     development and political assistance programs should be 
     increased as a percentage of overall United States foreign 
     assistance to Egypt, and an assessment of whether there 
     should be an increased percentage of foreign military 
     assistance focused on counterinsurgency, counterterrorism, 
     border and maritime security and related training.
       (C) A process to assess whether current levels of economic 
     and military support provided to Egypt are achieving United 
     States national security objectives and supporting Egypt's 
     transition to democracy.
       (D) An estimated schedule for completing the baseline 
     conventional modernization of the armed forces of Egypt with 
     United States-origin equipment.
       (E) An assessment of the extent to which the Government of 
     Egypt is--

[[Page S8515]]

       (i) implementing the 1979 Egypt-Israel Peace Treaty;
       (ii) taking effective steps to combat terrorism on the 
     Sinai Peninsula; and
       (iii) taking effective steps to eliminate smuggling 
     networks and to detect and destroy tunnels between Egypt and 
     the Gaza Strip.
       (3) Consultation requirement.--In developing the strategy 
     required under paragraph (1), the Secretary of State shall 
     consult with, among other relevant parties, the appropriate 
     congressional committees and the Government of Egypt.
       (4) Report on contracts.--The Secretary of State shall 
     submit with the strategy required under paragraph (1) a 
     report containing--
       (A) a summary of all contracts with the Government of Egypt 
     funded through United States assistance over the prior 10 
     years and a projection of such contracts over the next 5 
     years; and
       (B) information on any contracts or purchases made by the 
     Government of Egypt using interest earned from amounts in an 
     interest-bearing account for Egypt related to funds made 
     available under section 23 of the Arms Export Control Act (22 
     U.S.C. 2763) and whether the use of this interest has 
     furthered the goals described in this section.

     SEC. 1262. SUSPENSION AND REFORM OF UNITED STATES ECONOMIC 
                   SUPPORT TO EGYPT.

       (a) In General.--No bilateral economic assistance may be 
     made available to the Government of 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) until 15 
     days after the Secretary of State submits the strategy 
     required under subsection (c) and certifies to the 
     appropriate congressional committees that--
       (1) providing such assistance is in the national security 
     interest of the United States; and
       (2) the Government of Egypt--
       (A) continues to implement the Peace Treaty between the 
     State of Israel and the Arab Republic of Egypt, signed at 
     Washington, March 26, 1979;
       (B) 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;
       (C) 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;
       (D) is permitting nongovernmental organizations and civil 
     society groups in Egypt to operate freely and consistent with 
     internationally recognized standards; and
       (E) is demonstrating a commitment to implementing economic 
     reforms, including reforms necessary to reduce the deficit 
     and ensure economic stability and growth.
       (b) Waiver.--
       (1) In general.--The President may waive the limitation 
     under subsection (a) for a 180-day period if, not later than 
     15 days before the waiver takes effect, the President--
       (A) certifies to the appropriate congressional committees 
     that providing such assistance is in the vital national 
     security interests of the United States;
       (B) submits to such committees the strategy required under 
     subsection (c);
       (C) submits to such committees a report detailing the 
     reasons for making the determination that such assistance is 
     in the vital national security interests of the United States 
     notwithstanding the fact that the certification required by 
     subsection (a) cannot be made; and
       (D) an analysis of the degree to which such assistance is 
     in the national security interests of the United States and 
     the actions of the Government of Egypt do, or do not, satisfy 
     the criteria in subsection (a)(2).
       (2) Extension of waiver.--The President may extend the 
     effective period of a waiver under paragraph (1) 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, report, and analysis that meet the 
     requirements of subparagraphs (A), (C), and (D), 
     respectively, of paragraph (1).
       (c) Strategy.--
       (1) In general.--The Secretary of State shall separately 
     provide to Congress a comprehensive foreign assistance 
     strategy for Egypt that--
       (A) addresses how United States foreign assistance can most 
     effectively--
       (i) respond to the political and economic development 
     concerns and aspirations of the people of Egypt, and seek to 
     advance the United States' strategic objective of a secure, 
     democratic, civilian-led, and prosperous Egypt that is a 
     partner of the United States and advances peace and security 
     in the region;
       (ii) support regional stability and cooperation by 
     strengthening the political and economic relationships 
     between Egypt and her neighbors;
       (iii) encourage and support efforts by the Government and 
     people of Egypt to foster democratic norms and institutions, 
     including rule of law, transparent and accountable 
     governance, an independent legislature and judiciary, regular 
     conduct of free and fair elections, an inclusive political 
     process, and effective, law-abiding public security forces;
       (iv) support economic reforms by the Government of Egypt to 
     encourage private sector-led growth and job creation, create 
     a favorable climate for business and investment, fight 
     corruption, and expand international trade;
       (v) seek to foster a vibrant civil society in Egypt, 
     including the unencumbered operation of nongovernmental 
     organizations, a free and independent media, respect for 
     women, and protections for the political, economic, and 
     religious freedoms and rights of all citizens and residents 
     of Egypt; and
       (vi) seek to support security sector reform, particularly 
     regarding civilian police forces;
       (B) includes an assessment of what actions the Government 
     of Egypt has taken, in law and practice, that advance or 
     inhibit the interests, principles, and goals described within 
     this strategy, including the ability of Egyptian and 
     international nongovernmental organizations to operate inside 
     Egypt, especially for the purposes of promoting political, 
     economic, and religious freedoms and rights, democracy, and 
     education, and what actions the Secretary of State has taken 
     to further the same interests, principles, and goals in 
     Egypt;
       (C) is based on the best principles and practices of 
     effective international development, the provision of 
     matching funds by the host government, leveraging assistance 
     for greater impact together with the private sector, and the 
     goal of graduation from assistance; and
       (D) includes a detailed assessment of resources and amounts 
     that will be necessary to achieve the set forth in this 
     subsection over the next five fiscal years.
       (2) Consideration of certain elements.--The strategy 
     required by paragraph (1) shall include consideration of--
       (A) measures to promote and protect foreign direct 
     investment in the economy of Egypt;
       (B) programs to assist regional economic engagement by the 
     Government of Egypt and job creation in that country through, 
     among other things, assisting in the establishment of free 
     trade zones in Egypt along the Suez Canal Zone;
       (C) efforts to improve the business climate in Egypt, 
     including by promoting United States trade with Egypt and 
     investment in that country; and
       (D) efforts to promote market-based economic reforms and to 
     identify barriers to entry in the economy of Egypt that 
     prevent the efficient flow of capital, goods, and services.
       (3) Consultation requirement.--In developing the strategy 
     required by paragraph (1), the Secretary of State shall 
     consult with, among other relevant parties, the appropriate 
     congressional committees, the Government of Egypt, political 
     opposition groups in Egypt, private sector leaders, 
     nongovernmental organizations, religious and secular groups, 
     women's organizations, and civil society groups, as well as 
     relevant international nongovernmental organizations.
       (d) 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) 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.

     SEC. 1263. TERMINATION.

       The limitations under section 1261 and 1262 shall terminate 
     15 days after the President certifies to the appropriate 
     congressional committees that a democratically elected 
     government has taken office in Egypt pursuant to elections 
     determined by the President to be free and fair.

     SEC. 1264. ADDITIONAL OVERSIGHT OF ONGOING EGYPT FUNDING.

       Section 7041(a) of the Consolidated Appropriations Act, 
     2012 (Public Law 112-74; 125 Stat. 1222) is amended by 
     striking ``Committees on Appropriations'' each place it 
     appears and inserting ``Committees on Appropriations and 
     Foreign Relations of the Senate and the Committees on 
     Appropriations and Foreign Affairs of the House of 
     Representatives''.

     SEC. 1265. SUNSET OF EXISTING AUTHORITY.

       Section 7008 of the Consolidated Appropriations Act, 2012 
     (Public Law 112-74; 125 Stat. 1195) and similar provision in 
     effect upon the date of enactment this Act is hereby 
     repealed.

     SEC. 1266. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this subtitle, the term ``appropriate congressional 
     committees'' means the Committees on Foreign Relations and 
     Appropriations of the Senate and the Committees on Foreign 
     Affairs and Appropriations of the House of Representatives.

[[Page S8516]]

                                 ______
                                 
  SA 2523. Mr. MENENDEZ (for himself, Mr. Schumer, Mr. Cardin, Mr. 
Blumenthal, Mr. Coons, 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 title XII, add the following:

                       Subtitle D--Iran Sanctions

     SEC. 1241. SHORT TITLE.

       This subtitle may be cited as the ``Nuclear Free Iran Act 
     of 2013''.

             PART I--EXPANSION AND IMPOSITION OF SANCTIONS

     SEC. 1251. APPLICABILITY OF SANCTIONS WITH RESPECT TO 
                   PETROLEUM TRANSACTIONS.

       (a) In General.--Section 1245(d)(4)(D)(i) of the National 
     Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 
     8513a(d)(4)(D)(i)) is amended--
       (1) in subclause (I), by striking ``reduced reduced its 
     volume of crude oil purchases from Iran'' and inserting 
     ``reduced the volume of its purchases of petroleum from Iran 
     or of Iranian origin''; and
       (2) in subclause (II), by striking ``crude oil purchases 
     from Iran'' and inserting ``purchases of petroleum from Iran 
     or of Iranian origin''.
       (b) Definitions.--Section 1245(h) of the National Defense 
     Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(h)) 
     is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (5) and (6), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Iranian origin.--The term `Iranian origin', with 
     respect to petroleum, means extracted, produced, or refined 
     in Iran.
       ``(4) Petroleum.--The term `petroleum' includes crude oil, 
     lease condensates, fuel oils, and other unfinished oils.''.
       (c) Conforming Amendments.--Section 102(b) of the Iran 
     Threat Reduction and Syria Human Rights Act of 2012 (22 
     U.S.C. 8712(b)) is amended--
       (1) in paragraph (3)--
       (A) by striking ``crude oil purchases from Iran'' and 
     inserting ``purchases of petroleum from Iran or of Iranian 
     origin''; and
       (B) by striking ``as amended by section 504,''; and
       (2) in paragraph (4), by striking ``crude oil purchases'' 
     and inserting ``purchases of petroleum from Iran or of 
     Iranian origin''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to determinations under section 
     1245(d)(4)(D)(i) of the National Defense Authorization Act 
     for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) on or 
     after the date that is 90 days after the date of the 
     enactment of this Act.

     SEC. 1252. INELIGIBILITY FOR EXCEPTION TO CERTAIN SANCTIONS 
                   FOR COUNTRIES THAT DO NOT REDUCE PURCHASES OF 
                   PETROLEUM FROM IRAN OR OF IRANIAN ORIGIN TO A 
                   DE MINIMIS LEVEL.

       (a) Statement of Policy.--It is the policy of the United 
     States to seek to ensure that all countries reduce their 
     purchases of crude oil, lease condensates, fuel oils, and 
     other unfinished oils from Iran or of Iranian origin to a de 
     minimis level by the end of the 1-year period beginning on 
     the date of the enactment of this Act.
       (b) Ineligibility for Exceptions to Sanctions.--Section 
     1245(d)(4)(D) of the National Defense Authorization Act for 
     Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)) is amended by 
     adding at the end the following:
       ``(iii) Ineligibility for exception.--

       ``(I) In general.--A country that purchased petroleum from 
     Iran or of Iranian origin during the one-year period 
     preceding the date of the enactment of the Nuclear Free Iran 
     Act of 2013 may continue to receive an exception under clause 
     (i) on or after the date that is one year after such date of 
     enactment only--

       ``(aa) if the country reduces its purchases of petroleum 
     from Iran or of Iranian origin to a de minimis level by the 
     end of the one-year period beginning on such date of 
     enactment; or
       ``(bb) as provided in subclause (II) or (III).

       ``(II) Countries that dramatically reduce purchases.--

       ``(aa) In general.--A country that would otherwise be 
     ineligible pursuant to subclause (I)(aa) to receive an 
     exception under clause (i) may continue to receive such an 
     exception during the one-year period beginning on the date 
     that is one year after the date of the enactment of the 
     Nuclear Free Iran Act of 2013 if the country--
       ``(AA) dramatically reduced by at least 30 percent its 
     purchases of petroleum from Iran or of Iranian origin during 
     the one-year period beginning on such date of enactment; and
       ``(BB) is expected to reduce its purchases of petroleum 
     from Iran or of Iranian origin to a de minimis level within a 
     defined period of time that is not later than 2 years after 
     such date of enactment.
       ``(bb) Termination of exception.--If a country that 
     continues to receive an exception under clause (i) pursuant 
     to item (aa) does not reduce its purchases of petroleum from 
     Iran or of Iranian origin to a de minimis level by the end of 
     the one-year period beginning on the date that is one year 
     after the date of the enactment of the Nuclear Free Iran Act 
     of 2013, that country shall not be eligible for such an 
     exception on or after the date that is 2 years after such 
     date of enactment.

       ``(III) Reinstatement of eligibility for exception.--A 
     country that becomes ineligible for an exception under clause 
     (i) pursuant to subclause (I) or (II) shall be eligible for 
     such an exception in accordance with the provisions of clause 
     (i) on and after the date on which the President determines 
     the country has reduced its purchases of petroleum from Iran 
     or of Iranian origin to a de minimis level.''.

       (c) Conforming Amendment.--Section 1245(d)(4)(D)(i) of the 
     National Defense Authorization Act for Fiscal Year 2012 (22 
     U.S.C. 8513a(d)(4)(D)(i)) is amended in the matter preceding 
     subclause (I) by striking ``Sanctions imposed'' and inserting 
     ``Except as provided in clause (iii), sanctions imposed''.

     SEC. 1253. IMPOSITION OF SANCTIONS WITH RESPECT TO PORTS, 
                   SPECIAL ECONOMIC ZONES, AND STRATEGIC SECTORS 
                   OF IRAN.

       (a) Findings.--Section 1244(a)(1) of the Iran Freedom and 
     Counter-Proliferation Act of 2012 (22 U.S.C. 8803(a)(1)) is 
     amended by striking ``and shipbuilding'' and inserting 
     ``shipbuilding, construction, engineering, and mining''.
       (b) Expansion of Designation of Entities of Proliferation 
     Concern.--Section 1244(b) of the Iran Freedom and Counter-
     Proliferation Act of 2012 (22 U.S.C. 8803(b)) is amended by 
     striking ``in Iran and entities in the energy, shipping, and 
     shipbuilding sectors'' and inserting ``, special economic 
     zones, or free economic zones in Iran, and entities in 
     strategic sectors''.
       (c) Expansion of Entities Subject to Asset Freeze.--Section 
     1244(c) of the Iran Freedom and Counter-Proliferation Act of 
     2012 (22 U.S.C. 8803(c)) is amended--
       (1) in paragraph (1)(A), by striking ``the date that is 180 
     days after the date of the enactment of this Act'' and 
     inserting ``the date that is 90 days after the date of the 
     enactment of the Nuclear Free Iran Act of 2013''; and
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``the date that is 180 days after the date of the enactment 
     of this Act'' and inserting the ``the date that is 90 days 
     after the date of the enactment of the Nuclear Free Iran Act 
     of 2013'';
       (B) by striking ``the energy, shipping, or shipbuilding 
     sectors'' each place it appears and inserting ``a strategic 
     sector''; and
       (C) by inserting ``, special economic zone, or free 
     economic zone'' after ``port'' each place it appears; and
       (3) by adding at the end the following:
       ``(4) Strategic sector defined.--
       ``(A) In general.--In this section, the term `strategic 
     sector' means--
       ``(i) the energy, shipping, shipbuilding, and mining 
     sectors of Iran;
       ``(ii) except as provided in subparagraph (B), the 
     construction and engineering sectors of Iran; and
       ``(iii) any other sector the President designates as of 
     strategic importance to Iran.
       ``(B) Exception for construction and engineering of 
     schools, hospitals, and similar facilities.--For purposes of 
     this section, a person engaged in the construction or 
     engineering of schools, hospitals, or similar facilities (as 
     determined by the President) shall not be considered part of 
     a strategic sector of Iran.
       ``(C) Notification of strategic sector designation.--The 
     President shall submit to Congress a notification of the 
     designation of a sector as a strategic sector of Iran for 
     purposes of subparagraph (A)(iii) not later than 5 days after 
     the date on which the President makes the designation.''.
       (d) Additional Sanctions With Respect to Strategic 
     Sectors.--Section 1244(d) of the Iran Freedom and Counter-
     Proliferation Act of 2012 (22 U.S.C. 8803(d)) is amended--
       (1) in paragraph (1)(A), by striking ``the date that is 180 
     days after the date of the enactment of this Act'' and 
     inserting ``the date that is 90 days after the date of the 
     enactment of the Nuclear Free Iran Act of 2013'';
       (2) in paragraph (2), by striking ``the date that is 180 
     days after the date of the enactment of this Act'' and 
     inserting ``the date that is 90 days after the date of the 
     enactment of the Nuclear Free Iran Act of 2013''; and
       (3) in paragraph (3), by striking ``the energy, shipping, 
     or shipbuilding sectors'' and inserting ``a strategic 
     sector''.
       (e) Sale, Supply, or Transfer of Certain Materials to or 
     From Iran.--Section 1245 of the Iran Freedom and Counter-
     Proliferation Act of 2012 (22 U.S.C. 8804) is amended--
       (1) in subsection (a)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``the date that is 180 days after the date of the enactment 
     of this Act'' and inserting ``the date that is 90 days after 
     the date of the enactment of the Nuclear Free Iran Act of 
     2013''; and
       (B) in subparagraph (C)(i)(I), by striking ``the energy, 
     shipping, or shipbuilding sectors'' and inserting ``a 
     strategic sector (as defined in section 1244(c)(4))''; and
       (2) in subsection (c), by striking ``the date that is 180 
     days after the date of the enactment of this Act'' and 
     inserting ``the date that is 90 days after the date of the 
     enactment of the Nuclear Free Iran Act of 2013''.

[[Page S8517]]

       (f) Provision of Insurance to Sanctioned Persons.--Section 
     1246(a)(1) of the Iran Freedom and Counter-Proliferation Act 
     of 2012 (22 U.S.C. 8805(a)(1)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``the date that is 180 days after the date of the enactment 
     of this Act'' and inserting ``the date that is 90 days after 
     the date of the enactment of the Nuclear Free Iran Act of 
     2013''; and
       (2) in subparagraph (B)(i), by striking ``the energy, 
     shipping, or shipbuilding sectors'' and inserting ``a 
     strategic sector (as defined in section 1244(c)(4))''.
       (g) Conforming Amendments.--Section 1244 of the Iran 
     Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 
     8803), as amended by subsections (a), (b), (c), and (d), is 
     further amended--
       (1) in the section heading, by striking ``the energy, 
     shipping, and shipbuilding'' and inserting ``certain ports, 
     economic zones, and'';
       (2) in subsection (b), in the subsection heading, by 
     striking ``Ports and Entities in the Energy, Shipping, and 
     Shipbuilding Sectors of Iran'' and inserting ``Certain 
     Entities'';
       (3) in subsection (c), in the subsection heading, by 
     striking ``Entities in Energy, Shipping, and Shipbuilding 
     Sectors'' and inserting ``Certain Entities''; and
       (4) in subsection (d), in the subsection heading, by 
     striking ``the Energy, Shipping, and Shipbuilding'' and 
     inserting ``Strategic''.

     SEC. 1254. IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   TRANSACTIONS IN FOREIGN CURRENCIES WITH OR FOR 
                   CERTAIN SANCTIONED PERSONS.

       (a) In General.--Title II of the Iran Threat Reduction and 
     Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is 
     amended--
       (1) by inserting after section 221 the following:

                     ``Subtitle C--Other Matters'';

       (2) by redesignating sections 222, 223, and 224 as sections 
     231, 232, and 233, respectively; and
       (3) by inserting after section 221 the following:

     ``SEC. 222. IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   TRANSACTIONS IN FOREIGN CURRENCIES WITH CERTAIN 
                   SANCTIONED PERSONS.

       ``(a) Imposition of Sanctions.--
       ``(1) In general.--The President--
       ``(A) 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 knowingly conducts or 
     facilitates a transaction described in subsection (b)(1); and
       ``(B) may impose sanctions pursuant to the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with 
     respect to any other person that knowingly conducts or 
     facilitates such a transaction.
       ``(2) Exception.--The authority to impose sanctions under 
     paragraph (1)(B) shall not include the authority to impose 
     sanctions on the importation of goods.
       ``(b) Transactions Described.--
       ``(1) In general.--A transaction described in this 
     subsection is a significant transaction conducted or 
     facilitated by a person related to the currency of a country 
     other than the country with primary jurisdiction over the 
     person with, for, or on behalf of--
       ``(A) the Central Bank of Iran or an Iranian financial 
     institution designated by the Secretary of the Treasury for 
     the imposition of sanctions pursuant to the International 
     Emergency Economic Powers Act; or
       ``(B) a person described in section 1244(c)(2) of the Iran 
     Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 
     8803(c)(2)) (other than a person described in subparagraph 
     (C)(iii) of that subsection).
       ``(2) Primary jurisdiction.--For purposes of paragraph (1), 
     a country in which a person operates shall be deemed to have 
     primary jurisdiction over the person only with respect to the 
     operations of the person in that country.
       ``(c) Applicability.--Subsection (a) shall apply with 
     respect to a transaction described in subsection (b)(1) 
     conducted or facilitated--
       ``(1) on or after the date that is 90 days after the date 
     of the enactment of the Nuclear Free Iran Act of 2013 
     pursuant to a contract entered into on or after such date of 
     enactment; and
       ``(2) on or after the date that is 180 days after such date 
     of enactment pursuant to a contract entered into before such 
     date of enactment.
       ``(d) Inapplicability to Humanitarian Transactions.--The 
     President may not impose sanctions under subsection (a) 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.
       ``(e) Waiver.--
       ``(1) In general.--The President may waive the application 
     of subsection (a) with respect to a person for a period of 
     not more than 180 days, and may renew that waiver for 
     additional periods of not more than 180 days, if the 
     President--
       ``(A) determines that the waiver is important to the 
     national interest of the United States; and
       ``(B) not less than 15 days after the waiver or the renewal 
     of the waiver, as the case may be, takes effect, submits a 
     report to the appropriate congressional committees on the 
     waiver and the reason for the waiver.
       ``(2) Form of report.--Each report submitted under 
     paragraph (1)(B) shall be submitted in unclassified form but 
     may contain a classified annex.
       ``(f) Definitions.--In this section:
       ``(1) Financial institution; iranian financial 
     institution.--The terms `financial institution' and `Iranian 
     financial institution' have the meanings given those terms in 
     section 104A(d) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 
     8513b(d)).
       ``(2) Transaction.--The term `transaction' includes a 
     foreign exchange swap, a foreign exchange forward, and any 
     other type of currency exchange or conversion or derivative 
     instrument.''.
       (b) Additional Definitions.--Section 2 of the Iran Threat 
     Reduction and Syria Human Rights Act (22 U.S.C. 8701) is 
     amended--
       (1) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (5), (6), and (9), respectively;
       (2) by striking paragraph (1) and inserting the following:
       ``(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' has the meaning given 
     that term in section 14 of the Iran Sanctions Act of 1996 
     (Public Law 104-172; 50 U.S.C. 1701 note).
       ``(4) Domestic financial institution; foreign financial 
     institution.--The terms `domestic financial institution' and 
     `foreign financial institution' have the meanings 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)).''; and
       (3) by inserting after paragraph (6), as redesignated by 
     paragraph (1), the following:
       ``(7) 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).
       ``(8) 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).''.
       (c) Clerical Amendment.--The table of contents for the Iran 
     Threat Reduction and Syria Human Rights Act of 2012 is 
     amended by striking the items relating to sections 222, 223, 
     and 224 and inserting the following:

``Sec. 222. Imposition of sanctions with respect to transactions in 
              foreign currencies with certain sanctioned persons.

                      ``Subtitle C--Other Matters

``Sec. 231. Sense of Congress and rule of construction relating to 
              certain authorities of State and local governments.
``Sec. 232. Government Accountability Office report on foreign entities 
              that invest in the energy sector of Iran or export 
              refined petroleum products to Iran.
``Sec. 233. Reporting on the importation to and exportation from Iran 
              of crude oil and refined petroleum products.''.

                   PART II--ENFORCEMENT OF SANCTIONS

     SEC. 1261. SENSE OF CONGRESS ON THE PROVISION OF SPECIALIZED 
                   FINANCIAL MESSAGING SERVICES TO THE CENTRAL 
                   BANK OF IRAN AND OTHER SANCTIONED IRANIAN 
                   FINANCIAL INSTITUTIONS.

       It is the sense of Congress that--
       (1) the President has been engaged in intensive diplomatic 
     efforts to ensure that sanctions against Iran are imposed and 
     maintained multilaterally to sharply restrict the access of 
     the Government of Iran to the global financial system;
       (2) the European Union is to be commended for strengthening 
     the multilateral sanctions regime against Iran by prohibiting 
     all persons subject to the jurisdiction of the European Union 
     from providing specialized financial messaging services to 
     the Central Bank of Iran and other sanctioned Iranian 
     financial institutions;
       (3) in order to continue to sharply restrict access by Iran 
     to the global financial system, the President and the 
     European Union must continue to expeditiously address any 
     judicial, administrative, or other decisions in their 
     respective jurisdictions that might weaken the current 
     multilateral sanctions regime, including decisions regarding 
     the designation of financial institutions and global 
     specialized financial messaging service providers for 
     sanctions; and
       (4) existing restrictions on the access of Iran to global 
     specialized financial messaging services should be 
     maintained.

     SEC. 1262. INCLUSION OF TRANSFERS OF GOODS, SERVICES, AND 
                   TECHNOLOGIES TO STRATEGIC SECTORS OF IRAN FOR 
                   PURPOSES OF IDENTIFYING DESTINATIONS OF 
                   DIVERSION CONCERN.

       (a) In General.--Section 302(b) of the Comprehensive Iran 
     Sanctions, Accountability, and Divestment Act of 2010 (22 
     U.S.C. 8542(b)) is amended--

[[Page S8518]]

       (1) in paragraph (1)(C)(ii), by striking ``; or'' and 
     inserting a semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(3) that will be sold, transferred, or otherwise made 
     available to a strategic sector of Iran.''.
       (b) Strategic Sector Defined.--Section 301 of the 
     Comprehensive Iran Sanctions, Accountability, and Divestment 
     Act of 2010 (22 U.S.C. 8541) is amended--
       (1) by redesignating paragraph (14) as paragraph (15); and
       (2) by inserting after paragraph (13) the following:
       ``(14) Strategic sector.--The term `strategic sector' has 
     the meaning given that term in section 1244(c)(4) of the Iran 
     Freedom and Counter-Proliferation Act of 2012.''.
       (c) Submission of Report.--Section 302(a) of the 
     Comprehensive Iran Sanctions, Accountability, and Divestment 
     Act of 2010 (22 U.S.C. 8542(a)) is amended by striking ``180 
     days after the date of the enactment of this Act'' and 
     inserting ``90 days after the date of the enactment of the 
     Nuclear Free Iran Act of 2013''.

     SEC. 1263. AUTHORIZATION OF ADDITIONAL MEASURES WITH RESPECT 
                   TO DESTINATIONS OF DIVERSION CONCERN.

       (a) In General.--Section 303(c) of the Comprehensive Iran 
     Sanctions, Accountability, and Divestment Act of 2010 (22 
     U.S.C. 8543(c)) is amended--
       (1) by striking ``Not later than'' and inserting the 
     following:
       ``(1) Licensing requirement.--Not later than''; and
       (2) by adding at the end the following
       ``(2) Additional measures.--The President may--
       ``(A) impose restrictions on United States foreign 
     assistance or measures authorized under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with 
     respect to a country designated as a Destination of Diversion 
     Concern under subsection (a) if the President determines that 
     those restrictions or measures would prevent the diversion of 
     goods, services, and technologies described in section 302(b) 
     to Iranian end-users or Iranian intermediaries; or
       ``(B) prohibit the issuance of a license under section 38 
     of the Arms Export Control Act (22 U.S.C. 2778) for the 
     export to such a country of a defense article or defense 
     service for which a notification to Congress would be 
     required under section 36(b) of that Act (22 U.S.C. 2776(b)).
       ``(3) Exception.--The authority under paragraph (1)(A) to 
     impose measures authorized under the International Emergency 
     Economic Powers Act shall not include the authority to impose 
     sanctions on the importation of goods.
       ``(4) Report required.--Not later than 90 days after the 
     date of the enactment of the Nuclear Free Iran Act of 2013, 
     and every 90 days thereafter, the President shall submit to 
     the appropriate congressional committees a report--
       ``(A) identifying countries that have allowed the diversion 
     through the country of goods, services, or technologies 
     described in section 302(b) to Iranian end-users or Iranian 
     intermediaries during the 180-day period preceding the 
     submission of the report;
       ``(B) identifying the persons that engaged in such 
     diversion during that period; and
       ``(C) describing the activities relating to diversion in 
     which those countries and persons engaged.''.
       (b) Conforming Amendments.--Section 303 of the 
     Comprehensive Iran Sanctions, Accountability, and Divestment 
     Act of 2010 (22 U.S.C. 8543) is amended--
       (1) in subsection (c), in the subsection heading, by 
     striking ``Licensing Requirement'' and inserting ``Licensing 
     and Other Measures''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``subsection (c)'' and 
     inserting ``subsection (c)(1)'';
       (B) in paragraph (2), by striking ``subsection (c)'' and 
     inserting ``subsection (c)(1)''; and
       (C) in paragraph (3), by striking ``is it'' and inserting 
     ``it is''.

     SEC. 1264. INCREASED STAFFING FOR AGENCIES INVOLVED IN THE 
                   IMPLEMENTATION AND ENFORCEMENT OF SANCTIONS 
                   AGAINST IRAN.

       (a) Increased Staff.--
       (1) Department of the treasury.--The Secretary of the 
     Treasury may increase by 20 the number of employees of the 
     Office of Foreign Assets Control dedicated to the 
     implementation and enforcement of sanctions with respect to 
     Iran relative to the number of such employees on the day 
     before the date of the enactment of this Act.
       (2) Department of state.--The Secretary of State may 
     increase by 20 the number of employees of the Department of 
     State dedicated to the implementation and enforcement of 
     sanctions with respect to Iran relative to the number of such 
     employees on the day before the date of the enactment of this 
     Act.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     subsection (a).

               PART III--IMPLEMENTATION OF NEW SANCTIONS

     SEC. 1271. SUSPENSION OF SANCTIONS TO FACILITATE A DIPLOMATIC 
                   SOLUTION.

       (a) Suspension of Sanctions After Reaching an Interim 
     Agreement or Arrangement.--
       (1) In general.--The President may suspend the application 
     of sanctions imposed under this subtitle or amendments made 
     by this subtitle (other than sanctions imposed pursuant to 
     the amendments made by sections 1262 and 1263) for not more 
     than 180 days after the date of the enactment of this Act if 
     the President certifies to the appropriate congressional 
     committees every 30 days that--
       (A) the United States and its allies have reached a 
     verifiable interim agreement or arrangement with Iran toward 
     the termination of its illicit nuclear activities and related 
     weaponization activities;
       (B) the steps being taken by Iran pursuant to the interim 
     agreement or arrangement are transparent and verifiable;
       (C) any suspension or relief of sanctions provided to Iran 
     pursuant to the interim agreement or arrangement is 
     temporary, reversible, and proportionate to steps taken by 
     Iran with respect to its illicit nuclear program;
       (D) Iran has not breached the terms of or any commitment 
     made pursuant to the interim agreement or arrangement;
       (E) Iran is proactively engaged in negotiations toward a 
     final agreement or arrangement to terminate its illicit 
     nuclear activities and related weaponization activities;
       (F) the United States is working toward a final agreement 
     or arrangement that will dismantle Iran's nuclear 
     infrastructure in a manner that will ensure that Iran is 
     incapable of obtaining a nuclear weapons capability and that 
     permits daily verification, monitoring, and inspections of 
     suspect facilities in Iran;
       (G) Iran has not directly, or through a proxy, supported, 
     financed, or otherwise carried out an act of international 
     terrorism against the United States; and
       (H) the suspension of sanctions is vital to the national 
     security interest of the United States.
       (2) Renewal of suspension.--The President may renew a 
     suspension of sanctions under paragraph (1) for 2 additional 
     periods of not more than 30 days if the President submits to 
     the appropriate congressional committees--
       (A) a new certification under that paragraph; and
       (B) a certification that a final agreement or arrangement 
     with Iran to verifiably terminate its illicit nuclear program 
     and related weaponization activities is imminent.
       (b) Suspension for a Final Agreement or Arrangement.--
       (1) In general.--Unless a joint resolution of disapproval 
     is enacted pursuant to paragraph (2), the President may 
     suspend the application of sanctions imposed under this 
     subtitle or amendments made by this subtitle for an 
     indefinite period of time if the President certifies to the 
     appropriate congressional committees that the United States 
     and its allies have reached a final and verifiable agreement 
     or arrangement with Iran that will--
       (A) prevent Iran from achieving a nuclear weapons 
     capability; and
       (B) provide for the detection of any attempt by Iran to 
     reinstate or advance its nuclear weapons program.
       (2) Joint resolution of disapproval.--
       (A) In general.--In this paragraph, the term ``joint 
     resolution of disapproval'' means only a joint resolution of 
     the 2 Houses of Congress, the sole matter after the resolving 
     clause of which is as follows: ``That Congress disapproves of 
     the suspension of sanctions imposed with respect to Iran 
     pursuant to the certification of the President submitted to 
     Congress on ______ under section 1261(b)(1) of the Nuclear 
     Free Iran Act of 2013.'', with the blank space being filled 
     with the appropriate date.
       (B) Procedures for considering resolutions.--
       (i) Introduction.--A joint resolution of disapproval--

       (I) may be introduced in the House of Representatives or 
     the Senate during the 15-day period beginning on the date on 
     which the President submits a certification under paragraph 
     (1) to the appropriate congressional committees;
       (II) in the House of Representatives, may be introduced by 
     the Speaker or the minority leader or a Member of the House 
     designated by the Speaker or minority leader;
       (III) in the Senate, may be introduced by the majority 
     leader or minority leader of the Senate or a Member of the 
     Senate designated by the majority leader or minority leader; 
     and
       (IV) may not be amended.

       (ii) Referral to committees.--A joint resolution of 
     disapproval introduced in the Senate shall be referred to the 
     Committee on Banking, Housing, and Urban Affairs and a joint 
     resolution of disapproval in the House of Representatives 
     shall be referred to the Committee on Foreign Affairs.
       (iii) Committee discharge and floor consideration.--The 
     provisions of subsections (c) through (f) of section 152 of 
     the Trade Act of 1974 (19 U.S.C. 2192) (relating to committee 
     discharge and floor consideration of certain resolutions in 
     the House of Representatives and the Senate) apply to a joint 
     resolution of disapproval under this subsection to the same 
     extent that such subsections apply to joint resolutions under 
     such section 152, except that--

       (I) subsection (c)(1) shall be applied and administered by 
     substituting ``10 days'' for ``30 days''; and

[[Page S8519]]

       (II) subsection (f)(1)(A)(i) shall be applied and 
     administered by substituting ``Committee on Banking, Housing, 
     and Urban Affairs'' for ``Committee on Finance''.

       (C) Rules of the house of representatives and senate.--This 
     subsection is enacted by Congress--
       (i) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     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 a joint resolution, and 
     it supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (ii) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner and 
     to the same extent as in the case of any other rule of that 
     House.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     has the meaning given that term in section 14 of the Iran 
     Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 
     note).

                      PART IV--GENERAL PROVISIONS

     SEC. 1281. EXCEPTION FOR AFGHANISTAN RECONSTRUCTION.

       The President may provide for an exception from the 
     imposition of sanctions under the provisions of or amendments 
     made by this subtitle for reconstruction assistance or 
     economic development for Afghanistan--
       (1) to the extent that the President determines that such 
     an exception is in the national interest of the United 
     States; and
       (2) if, not later than 15 days before issuing the 
     exception, the President submits a notification of and 
     justification for the exception to the appropriate 
     congressional committees (as defined in section 14 of the 
     Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 
     1701 note)).

     SEC. 1282. APPLICABILITY TO CERTAIN INTELLIGENCE ACTIVITIES.

       Nothing in this subtitle or the amendments made by this 
     subtitle shall apply to the authorized intelligence 
     activities of the United States.

     SEC. 1283. APPLICABILITY TO CERTAIN NATURAL GAS PROJECTS.

       Nothing in this subtitle or any amendment made by this 
     subtitle shall be construed to apply with respect to any 
     activity relating to a project described in subsection (a) of 
     section 603 of the Iran Threat Reduction and Syria Human 
     Rights Act of 2012 (22 U.S.C. 8783) to which the exception 
     under that section applies at the time of the activity.

     SEC. 1284. RULE OF CONSTRUCTION WITH RESPECT TO THE USE OF 
                   FORCE AGAINST IRAN.

       Nothing in this subtitle or the amendments made by this 
     subtitle shall be construed as a declaration of war or an 
     authorization of the use of force against Iran.

                       Subtitle E--Other Matters

     SEC. 1291. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND.

       (a) Establishment.--There is established in the Treasury a 
     fund, to be known as the ``American Hostages in Iran 
     Compensation Fund'' (in this section referred to as the 
     ``Fund'') for the purpose of making payments to the 52 
     Americans held hostage in the United States embassy in 
     Tehran, Iran, between November 3, 1979, and January 20, 1981 
     (in this section referred to as the ``former hostages'').
       (b) Funding.--
       (1) Imposition of surcharge.--
       (A) In general.--There is imposed a surcharge equal to 30 
     percent of the amount of--
       (i) any fine or monetary penalty assessed, in whole or in 
     part, on a person for a violation of a law or regulation 
     specified in subparagraph (B) related to activities 
     undertaken on or after the date of the enactment of this Act; 
     or
       (ii) the monetary amount of a settlement entered into by a 
     person with respect to a suspected violation of a law or 
     regulation specified in subparagraph (B) related to 
     activities undertaken on or after such date of enactment.
       (B) Laws and regulations specified.--A law or regulation 
     specified in this subparagraph is any law or regulation that 
     provides for a civil or criminal fine or other monetary 
     penalty for any economic activity relating to Iran that is 
     administered by the Department of the Treasury, the 
     Department of Justice, or the Department of Commerce.
       (C) Termination of deposits.--The imposition of the 
     surcharge under subparagraph (A) shall terminate on the date 
     on which all amounts described in subsection (c)(2) have been 
     distributed to all recipients described in that subsection.
       (2) Deposits into fund; availability of amounts.--
       (A) Deposits.--All surcharges collected pursuant to 
     paragraph (1)(A) shall be deposited into the Fund.
       (B) Payment of surcharge.--A person on whom a surcharge is 
     imposed under paragraph (1)(A) shall pay the surcharge to the 
     Fund without regard to whether the fine, penalty, or 
     settlement to which the surcharge applies--
       (i) is paid directly to the Federal agency that administers 
     the relevant law or regulation specified in paragraph (1)(B); 
     or
       (ii) is deemed satisfied by a payment to another Federal 
     agency.
       (C) Contributions.--The Secretary of State is authorized to 
     accept such amounts as may be contributed by individuals, 
     business concerns, foreign governments, or other entities for 
     payments under this Act. Such amounts shall be deposited 
     directly into the Fund.
       (D) Availability of amounts in fund.--Amounts in the Fund 
     shall be available, without further appropriation, to make 
     payments under subsection (c).
       (c) Distribution of Funds.--
       (1) Administration of fund.--Payments from the Fund shall 
     be administered by the Secretary of State, pursuant to such 
     rules and processes as the Secretary, in the Secretary's sole 
     discretion, may establish.
       (2) Payments.--Subject to paragraphs (3) and (4), payments 
     shall be made from the Fund to the following recipients in 
     the following amounts:
       (A) To each living former hostage, $150,000, plus $5,000 
     for each day of captivity of the former hostage.
       (B) To the estate of each deceased former hostage, 
     $150,000, plus $5,000 for each day of captivity of the former 
     hostage.
       (3) Priority.--Payments from the Fund shall be distributed 
     under paragraph (2) in the following order:
       (A) First, to each living former hostage described in 
     paragraph (2)(A).
       (B) Second, to the estate of each deceased former hostage 
     described in paragraph (2)(B).
       (4) Consent of recipient.--A payment to a recipient from 
     the Fund under paragraph (2) shall be made only after 
     receiving the consent of the recipient.
       (d) Waiver.--A recipient of a payment under subsection (c) 
     shall waive and forever release all existing claims against 
     Iran and the United States arising out of the events 
     described in subsection (a).
       (e) Notification of Claimants; Limitation on Review.--
       (1) Notification.--The Secretary of State shall notify, in 
     a reasonable manner, each individual qualified to receive a 
     payment under subsection (c) of the status of the 
     individual's claim for such a payment.
       (2) Submission of additional information.--If the claim of 
     an individual to receive a payment under subsection (c) is 
     denied, or is approved for payment of less than the full 
     amount of the claim, the individual shall be entitled to 
     submit to the Secretary additional information with respect 
     to the claim. Upon receipt and consideration of that 
     information, the Secretary may affirm, modify, or revise the 
     former action of the Secretary with respect to the claim.
       (3) Limitation on review.--The actions of the Secretary in 
     identifying qualifying claimants and in disbursing amounts 
     from the Fund shall be final and conclusive on all questions 
     of law and fact and shall not be subject to review by any 
     other official, agency, or establishment of the United States 
     or by any court by mandamus or otherwise.
       (f) Deposit of Remaining Funds Into the Treasury.--
       (1) In general.--Any amounts remaining in the Fund after 
     the date specified in paragraph (2) shall be deposited in the 
     general fund of the Treasury.
       (2) Date specified.--The date specified in this paragraph 
     is the later of--
       (A) the date on which all amounts described in subsection 
     (c)(2) have been made to all recipients described in that 
     subsection; or
       (B) the date that is 5 years after the date of the 
     enactment of this Act.
       (g) Report to Congress.--Not later than one year after the 
     date of the enactment of this Act, and annually thereafter 
     until the date specified in subsection (f)(2), the Secretary 
     of State shall submit to the appropriate congressional 
     committees a report on the status of the Fund, including--
       (1) the amounts and sources of money deposited into the 
     Fund;
       (2) the rules and processes established to administer the 
     Fund; and
       (3) the distribution of payments from the Fund.
       (h) Definitions.--In this section:
       (1) 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.
       (2) Person.--The term ``person'' includes any individual or 
     entity subject to the civil or criminal jurisdiction of the 
     United States.

     SEC. 1292. CATEGORIES OF ALIENS FOR PURPOSES OF REFUGEE 
                   DETERMINATIONS.

       The Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 1990 (Public Law 101-167) is 
     amended--
       (1) in section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b), by striking paragraph (3); and
       (B) in subsection (e)--
       (i) in paragraph (1), by striking ``and shall only apply to 
     applications for refugee status submitted before October 1, 
     2013'' and inserting ``and shall apply to all applications 
     for refugee status submitted after October 1, 2013'';
       (ii) in paragraph (2), by striking ``and before October 1, 
     2013''; and
       (iii) in paragraph (3), by striking ``and shall apply only 
     to reapplications for refugee status submitted before October 
     1, 2013''; and
       (2) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking 
     ``during the period beginning on August 15, 1988, and ending 
     on September 30,

[[Page S8520]]

     2013, after being denied refugee status'' and inserting 
     ``after August 15, 1998, after being denied refugee status''.

     SEC. 1293. ANTITERRORISM AMENDMENTS TO TITLE 18.

       (a) In General.--Title 18 of the United States Code is 
     amended--
       (1) in section 2333--
       (A) in subsection (a), by striking ``national of the United 
     States'' and inserting ``person''; and
       (B) by inserting at the end the following:
       ``(d) Liability.--In an action arising under subsection 
     (a), liability may be asserted as to the person or persons 
     who committed such act of international terrorism or any 
     person or entity that aided, abetted, or conspired with the 
     person or persons who committed such an act of international 
     terrorism.'';
       (2) in section 2334, by inserting at the end the following:
       ``(e) Jurisdiction.--The district courts shall have 
     personal jurisdiction, to the maximum extent permissible 
     under the 5th Amendment to the Constitution, over any person 
     who commits, aids, and abets an act of international 
     terrorism, or provides material support or resources as set 
     forth in section 2339A, 2339B, or 2339C of this title, for 
     acts of international terrorism in which any person suffers 
     injury in his or her person, property, or business by reason 
     of such an act in violation of section 2333.
       ``(f) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over any civil action 
     brought under section 2333 of this title.'';
       (3) in section 2337--
       (A) in paragraph (1), by striking ``or'' ;
       (B) in paragraph (2), by striking the period and inserting 
     ``; or''; and
       (C) by inserting at the end the following:
       ``(3) a person providing any substantial support or 
     assistance to any person or entity referred to in paragraphs 
     (1) and (2) unless such foreign state, foreign agency, or an 
     officer or employee of foreign government has been designated 
     as a state sponsor of terrorism under section 6(j) of the 
     Export Administration Act of 1979 (50 U.S.C. App. 24505(j)) 
     or by reason of an Executive Order or through designation by 
     an executive agency of the United States.'';
       (4) in section 2339C(a)(1), by striking subparagraph (A) 
     and inserting the following:
       ``(A) an act which constitutes an act of international 
     terrorism or an offense within the scope of a treaty 
     specified in subsection (e)(7), as implemented by the United 
     States, or''; and
       (5) in section 2331, by striking paragraph (4) and 
     inserting the following:
       ``(4) the term ``act of war''--
       ``(A) means any act occurring in the course of--
       ``(i) declared war;
       ``(ii) armed conflict, whether or not war has been 
     declared, between two or more nations; or
       ``(iii) armed conflict between military forces of any 
     origin; and
       ``(B) does not include any act committed by a foreign 
     terrorist organization, as defined under section 219 of the 
     Immigration and Nationality Act, or any agent of a Foreign 
     Terrorist Organization as defined in part 597.301 of title 
     31, Code of Federal Regulation, of the Foreign Terrorist 
     Organizations Sanctions Regulations, or any act committed by 
     an agent of a state sponsor of terrorism as such term is 
     defined by section 6(j) of the Export Administration Act (50 
     U.S.C. 2405(j)), section 40(d) of the Arms Export Control Act 
     (22 U.S.C. 2780(d)), and section 620A of the Foreign 
     Assistance Act (22 U.S.C. 2371); and''.
       (b) Severability.--If any provision of this section or any 
     amendment made by this section, or the application of a 
     provision or amendment to any person or circumstance, is held 
     to be invalid, the remainder of this section and the 
     amendments made by this section, and the application of the 
     provisions and amendments to any other person not similarly 
     situated or to other circumstances, shall not be affected by 
     the holding.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any claim in any case pending on the date of 
     the enactment of this section arising from an act of 
     international terrorism, whether under section 2333(a) of 
     title 18, United States Code, or any other civil damages 
     provision, and to any claim in any case commenced on or after 
     such date of enactment, resulting from an act of 
     international terrorism.
                                 ______
                                 
  SA 2524. 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) Base Closure Areas.--
       (1) Definition.--In this subsection--
       (A) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (B) the terms ``base closure area'', ``HUBZone'', and 
     ``HUBZone small business concern'' have the meanings given 
     those terms under section 3(p) of the Small Business Act (15 
     U.S.C. 632(p)); and
       (C) the term ``covered HUBZone area'' means an area that--
       (i) is a base closure area;
       (ii) on or after the date of enactment of this Act is 
     treated as a HUBZone for purposes of the Small Business Act 
     (15 U.S.C. 631 et seq.) pursuant to--

       (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) of National Defense Authorization Act 
     for Fiscal Year 2013 (15 U.S.C. 632 note);

       (iii) after the date of enactment of this Act, ceases to be 
     treated as a HUBZone under the applicable provision of law 
     described in clause (ii); and
       (iv) qualifies as a HUBZone under subparagraph (A), (B), 
     (C), or (D) of section 3(p)(1) of the Small Business Act (15 
     U.S.C. 632(p)(1)).
       (2) Qualified hubzone small business concerns.--A HUBZone 
     small business concern shall be qualified for purposes of the 
     Small Business Act (15 U.S.C. 631 et seq.) if the HUBZone 
     small business concern has certified in writing to the 
     Administrator (or the Administrator otherwise determines, 
     based on information submitted to the Administrator by the 
     HUBZone small business concern, or based on certification 
     procedures, which shall be established by the Administration 
     by regulation) that--
       (A) it is a HUBZone small business concern pursuant to 
     subparagraph (A), (B), (C), (D), or (E) of section 3(p)(3) of 
     the Small Business Act (15 U.S.C. 632(p)(3));
       (B) its principal office is located in a covered HUBZone 
     area; and
       (C) not fewer than 35 percent of its employees reside in--
       (i) a HUBZone;
       (ii) the census tract in which the covered HUBZone area is 
     wholly contained;
       (iii) a census tract the boundaries of which intersect the 
     boundaries of the covered HUBZone area; or
       (iv) a census tract the boundaries of which are contiguous 
     to a census tract described in clause (ii) or (iii).
                                 ______
                                 
  SA 2525. Mr. COCHRAN 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:

       Insert after section 4 the following:

     SEC. 5. EFFECTIVE DATE.

       This Act shall take effect on the day after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2526. 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 D of title V, add the following:

     SEC. __. EXCLUSION OF DISCHARGE OF STUDENT LOANS FOR VETERANS 
                   WITH SERVICE-CONNECTED CONDITIONS.

       (a) In General.--Paragraph (1) of section 108(f) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``discharge (in whole or in part) of'' and all that follows 
     and inserting ``discharge (in whole or in part) of--
       ``(A) any student loan if such discharge was pursuant to a 
     provision of such loan under which all or part of the 
     indebtedness of the individual would be discharged if the 
     individual worked for a certain period of time in certain 
     professions for any of a broad class of employers,
       ``(B) any loan made, insured, or guaranteed under part B or 
     D of title IV of the Higher Education Act of 1965, if such 
     discharge was pursuant section 437(a) of such Act and due to 
     a determination by the Secretary of Veterans Affairs that the 
     borrower is unemployable due to a service-connected 
     condition,

[[Page S8521]]

       ``(C) any loan made, insured, or guaranteed under part E of 
     title IV of the Higher Education Act of 1965, if such 
     discharge was pursuant to section 464(c)(1)(F)(iv) of such 
     Act, or
       ``(D) any obligation arising under subpart 9 of part A of 
     title IV of the Higher Education Act of 1965, if such 
     discharge was pursuant to section 420N(d)(2) of such Act and 
     due to a determination by the Secretary of Veterans Affairs 
     that the borrower is unemployable due to a service-connected 
     condition.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to discharges of loans after December 31, 2013.
                                 ______
                                 
  SA 2527. 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 D of title V, add the following:

     SEC. __. EXCLUSION OF DISCHARGE OF STUDENT LOANS FOR VETERANS 
                   WITH SERVICE-CONNECTED CONDITIONS.

       (a) In General.--Paragraph (1) of section 108(f) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``discharge (in whole or in part) of'' and all that follows 
     and inserting ``discharge (in whole or in part) of--
       ``(A) any student loan if such discharge was pursuant to a 
     provision of such loan under which all or part of the 
     indebtedness of the individual would be discharged if the 
     individual worked for a certain period of time in certain 
     professions for any of a broad class of employers,
       ``(B) any loan made, insured, or guaranteed under part B or 
     D of title IV of the Higher Education Act of 1965, if such 
     discharge was pursuant section 437(a) of such Act and due to 
     a determination by the Secretary of Veterans Affairs that the 
     borrower is unemployable due to a service-connected 
     condition,
       ``(C) any loan made, insured, or guaranteed under part E of 
     title IV of the Higher Education Act of 1965, if such 
     discharge was pursuant to section 464(c)(1)(F)(iv) of such 
     Act, or
       ``(D) any obligation arising under subpart 9 of part A of 
     title IV of the Higher Education Act of 1965, if such 
     discharge was pursuant to section 420N(d)(2) of such Act and 
     due to a determination by the Secretary of Veterans Affairs 
     that the borrower is unemployable due to a service-connected 
     condition.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to discharges of loans after December 31, 2013.
                                 ______
                                 
  SA 2528. 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 D of title V, add the following:

     SEC. __. EXCLUSION OF DISCHARGE OF STUDENT LOANS FOR VETERANS 
                   WITH SERVICE-CONNECTED CONDITIONS.

       (a) In General.--Paragraph (1) of section 108(f) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``discharge (in whole or in part) of'' and all that follows 
     and inserting ``discharge (in whole or in part) of--
       ``(A) any student loan if such discharge was pursuant to a 
     provision of such loan under which all or part of the 
     indebtedness of the individual would be discharged if the 
     individual worked for a certain period of time in certain 
     professions for any of a broad class of employers,
       ``(B) any loan made, insured, or guaranteed under part B or 
     D of title IV of the Higher Education Act of 1965, if such 
     discharge was pursuant section 437(a) of such Act and due to 
     a determination by the Secretary of Veterans Affairs that the 
     borrower is unemployable due to a service-connected 
     condition,
       ``(C) any loan made, insured, or guaranteed under part E of 
     title IV of the Higher Education Act of 1965, if such 
     discharge was pursuant to section 464(c)(1)(F)(iv) of such 
     Act, or
       ``(D) any obligation arising under subpart 9 of part A of 
     title IV of the Higher Education Act of 1965, if such 
     discharge was pursuant to section 420N(d)(2) of such Act and 
     due to a determination by the Secretary of Veterans Affairs 
     that the borrower is unemployable due to a service-connected 
     condition.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to discharges of loans after December 31, 2013.
                                 ______
                                 
  SA 2529. Ms. COLLINS 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 title XII, add the following:

                       Subtitle D--Iran Sanctions

     SEC. 1241. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, 
                   SUPPLY, AND TRANSFER OF NATURAL GAS PRODUCED IN 
                   IRAN.

       Section 5(a) of the Iran Sanctions Act of 1996 (Public Law 
     104-172; 50 U.S.C. 1701 note) is amended--
       (1) by redesignating paragraph (9) as paragraph (10); and
       (2) by inserting after paragraph (8) the following:
       ``(9) Sale, supply, and transfer of natural gas produced in 
     iran.--
       ``(A) In general.--Except as provided in subparagraph (C) 
     and subsection (f), the President shall impose 5 or more of 
     the sanctions described in section 6(a) with respect to a 
     person if the President determines that the person knowingly, 
     on or after the date that is 180 days after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2014, conducts or facilitates a significant 
     financial transaction for the sale, supply, or transfer of 
     natural gas produced in Iran to a country that--
       ``(i) begins importing natural gas produced in Iran after 
     such date of enactment; or
       ``(ii) during any month that begins on or after the date 
     that is 60 days after such date of enactment, imports natural 
     gas produced in Iran in a volume that exceeds the volume of 
     such natural gas identified under clause (iii)(II) of 
     subparagraph (B) in the most recent report submitted under 
     that subparagraph as the highest volume of natural gas 
     produced in Iran imported by that country in any month during 
     the 2-year period preceding the submission of the report.
       ``(B) Report required.--Not later than 60 days after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2014, and annually thereafter, the 
     Administrator of the Energy Information Administration, in 
     consultation with the Secretary of the Treasury, the 
     Secretary of State, and the Director of National 
     Intelligence, shall submit to Congress a report that 
     includes--
       ``(i) an assessment of exports of natural gas from Iran 
     during the year preceding the submission of the report;
       ``(ii) an identification of the countries that imported 
     natural gas produced in Iran during that year;
       ``(iii) for each such country--

       ``(I) an assessment of the volume of natural gas produced 
     in Iran imported by that country during each month during the 
     2-year period preceding the submission of the report;
       ``(II) an identification of the highest volume of natural 
     gas produced in Iran imported by that country during any such 
     month; and
       ``(III) an assessment of alternative supplies of natural 
     gas available to that country;

       ``(iv) an assessment of the impact a reduction in exports 
     of natural gas from Iran would have on global natural gas 
     supplies and the price of natural gas, especially in 
     countries identified under clause (ii); and
       ``(v) such other information as the Administrator considers 
     appropriate.
       ``(C) Exception.--Nothing in this paragraph shall apply 
     with respect to any activity relating to a project described 
     in subsection (a) of section 603 of the Iran Threat Reduction 
     and Syria Human Rights Act of 2012 (22 U.S.C. 8783) to which 
     the exception under that section applies at the time of the 
     activity.''.
                                 ______
                                 
  SA 2530. 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, line 7, insert ``or subcontract'' after 
     ``contract''.
       On page 411, beginning on line 12, strike ``if the 
     Secretary'' and all that follows through line 13 and insert 
     ``if the Secretary--
       (1) determines that--
       (A) an action described in subsection (a) is necessary to 
     meet a valid military requirement; and
       (B) there is no feasible alternative to Rosoboronexport for 
     meeting such requirement; or
       (2) 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 the government of 
     the Syrian Arab Republic.
       On page 412, between lines 7 and 8, insert the following:
       (d) Department of Defense Inspector General Review.--
       (1) In general.--The Inspector General of the Department of 
     Defense shall conduct a review of any action involving 
     Rosoboronexport in which a waiver is issued by the Secretary 
     of Defense pursuant to subsection (b) on or after the date of 
     the enactment of this Act.
       (2) Elements.--A review conducted under paragraph (1) shall 
     assess the accuracy of the factual and legal conclusions made 
     by the

[[Page S8522]]

     Secretary in the waiver covered by the review, including the 
     following--
       (A) whether there is any viable alternative to 
     Rosoboronexport for carrying out the function for which funds 
     will be obligated;
       (B) whether the Secretary has previously used an 
     alternative vendor for carrying out the same function 
     regarding the military equipment in question, and what vendor 
     was previously used;
       (C) whether other explanations for the issuance of the 
     waiver are supportable; and
       (D) any other matter with respect to the waiver the 
     Inspector General considers appropriate.
       (3) Report.--Not later than 90 days after a waiver is 
     issued by the Secretary pursuant to subsection (b) that is 
     covered by this subsection, the Inspector General shall 
     submit to the congressional defense committees a report 
     containing the results of the review on such waiver conducted 
     under paragraph (1).

     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 
     inserting ``or subcontract'' after ``contract''.
       (b) Waiver Authority.--Subsection (b) of such section is 
     amended by striking ``if the Secretary'' and all that follows 
     and inserting ``if the Secretary--
       ``(1) determines that--
       ``(A) an action described in subsection (a) is necessary to 
     meet a valid military requirement; and
       ``(B) there is no feasible alternative to Rosoboronexport 
     for meeting such requirement; or
       ``(2) 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 the government of 
     the Syrian Arab Republic.''.
       (c) Additional Limitations and Requirements.--Such section 
     is further amended by adding at the end the following new 
     subsections:
       ``(c) Notice to Congress Before Obligation of Funds.--Not 
     later than 30 days before obligating funds pursuant to any 
     waiver pursuant to subsection (b) that is issued after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2014, the Secretary of Defense shall 
     submit to Congress a notice on the obligation of funds 
     pursuant to the waiver.
       ``(d) Department of Defense Inspector General Review .--
       ``(1) In general.--The Inspector General of the Department 
     of Defense shall conduct a review of any action involving 
     Rosoboronexport in which a waiver is issued by the Secretary 
     of Defense pursuant to subsection (b) on or after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2014.
       ``(2) Elements.--A review conducted under paragraph (1) 
     shall assess the accuracy of the factual and legal 
     conclusions made by the Secretary in the waiver covered by 
     the review, including the following--
       ``(A) whether there is any viable alternative to 
     Rosoboronexport for carrying out the function for which funds 
     will be obligated;
       ``(B) whether the Secretary has previously used an 
     alternative vendor for carrying out the same function 
     regarding the military equipment in question, and what vendor 
     was previously used;
       ``(C) whether other explanations for the issuance of the 
     waiver are supportable; and
       ``(D) any other matter with respect to the waiver the 
     Inspector General considers appropriate.
       ``(3) Report.--Not later than 90 days after a waiver is 
     issued by the Secretary pursuant to subsection (b) that is 
     covered by this subsection, the Inspector General shall 
     submit to the congressional defense committees a report 
     containing the results of the review on such waiver conducted 
     under paragraph (1).''.

     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 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.
       (b) National Security Waiver Authority.--The Secretary of 
     Defense may waive the applicability of subsection (a) if the 
     Secretary--
       (1) determines that--
       (A) an action described in subsection (a) is necessary to 
     meet a valid military requirement; and
       (B) there is no feasible alternative to Rosoboronexport for 
     meeting such requirement; or
       (2) 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 the government of 
     the Syrian Arab Republic.
       (c) Notice to Congress Before Obligation of Funds.--Not 
     later than 30 days before obligating funds pursuant to any 
     waiver pursuant to subsection (b), the Secretary of Defense 
     shall submit to Congress a notice on the obligation of funds 
     pursuant to the waiver.
       (d) Department of Defense Inspector General Review .--
       (1) In general.--The Inspector General of the Department of 
     Defense shall conduct a review of any action involving 
     Rosoboronexport in which a waiver is issued by the Secretary 
     of Defense pursuant to subsection (b).
       (2) Elements.--A review conducted under paragraph (1) shall 
     assess the accuracy of the factual and legal conclusions made 
     by the Secretary in the waiver covered by the review, 
     including the following--
       (A) whether there is any viable alternative to 
     Rosoboronexport for carrying out the function for which funds 
     will be obligated;
       (B) whether the Secretary has previously used an 
     alternative vendor for carrying out the same function 
     regarding the military equipment in question, and what vendor 
     was previously used;
       (C) whether other explanations for the issuance of the 
     waiver are supportable; and
       (D) any other matter with respect to the waiver the 
     Inspector General considers appropriate.
       (3) Report.--Not later than 90 days after a waiver is 
     issued by the Secretary pursuant to subsection (b), the 
     Inspector General shall submit to the congressional defense 
     committees a report containing the results of the review on 
     the waiver conducted under paragraph (1).

     SEC. 1233C. REPORT ON ROSOBORONEXPORT ACTIVITIES.

       (a) Report 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 a report 
     setting forth the following:
       (1) A list of the known transfers of lethal military 
     equipment by Rosoboronexport to the Government of the Syrian 
     Arab Republic since March 15, 2011.
       (2) A list of the known contracts, if any, that 
     Rosoboronexport has signed with the Government of the Syrian 
     Arab Republic since March 15, 2011.
       (3) A detailed list of all existing contracts, 
     subcontracts, memorandums of understanding, cooperative 
     agreements, grants, loans, and loan guarantees between the 
     Department of Defense and Rosoboronexport, including a 
     description of the transaction, signing dates, values, and 
     quantities.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 2531. 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, line 7, insert ``or subcontract'' after 
     ``contract''.
       On page 411, beginning on line 12, strike ``if the 
     Secretary'' and all that follows through line 13 and insert 
     ``if the Secretary--
       (1) determines that such a waiver is in the national 
     security interests of the United States; or
       (2) 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 the government of 
     the Syrian Arab Republic.
       On page 412, between lines 7 and 8, insert the following:
       (d) Department of Defense Inspector General Review.--
       (1) In general.--The Inspector General of the Department of 
     Defense shall conduct a review of any action involving 
     Rosoboronexport in which a waiver is issued by the Secretary 
     of Defense pursuant to subsection (b) on or after the date of 
     the enactment of this Act.
       (2) Elements.--A review conducted under paragraph (1) shall 
     assess the accuracy of the factual and legal conclusions made 
     by the Secretary in the waiver covered by the review, 
     including the following--
       (A) whether there is any viable alternative to 
     Rosoboronexport for carrying out the function for which funds 
     will be obligated;
       (B) whether the Secretary has previously used an 
     alternative vendor for carrying out the same function 
     regarding the military equipment in question, and what vendor 
     was previously used;
       (C) whether other explanations for the issuance of the 
     waiver are supportable; and
       (D) any other matter with respect to the waiver the 
     Inspector General considers appropriate.
       (3) Report.--Not later than 90 days after a waiver is 
     issued by the Secretary pursuant to subsection (b) that is 
     covered by this subsection, the Inspector General shall 
     submit

[[Page S8523]]

     to the congressional defense committees a report containing 
     the results of the review on such waiver conducted under 
     paragraph (1).

     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 
     inserting ``or subcontract'' after ``contract''.
       (b) Waiver Authority.--Subsection (b) of such section is 
     amended by striking ``if the Secretary'' and all that follows 
     and inserting ``if the Secretary--
       ``(1) determines that such a waiver is in the national 
     security interests of the United States; or
       ``(2) 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 the government of 
     the Syrian Arab Republic.''.
       (c) Additional Limitations and Requirements.--Such section 
     is further amended by adding at the end the following new 
     subsections:
       ``(c) Notice to Congress Before Obligation of Funds.--Not 
     later than 30 days before obligating funds pursuant to any 
     waiver pursuant to subsection (b) that is issued after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2014, the Secretary of Defense shall 
     submit to Congress a notice on the obligation of funds 
     pursuant to the waiver.
       ``(d) Department of Defense Inspector General Review .--
       ``(1) In general.--The Inspector General of the Department 
     of Defense shall conduct a review of any action involving 
     Rosoboronexport in which a waiver is issued by the Secretary 
     of Defense pursuant to subsection (b) on or after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2014.
       ``(2) Elements.--A review conducted under paragraph (1) 
     shall assess the accuracy of the factual and legal 
     conclusions made by the Secretary in the waiver covered by 
     the review, including the following--
       ``(A) whether there is any viable alternative to 
     Rosoboronexport for carrying out the function for which funds 
     will be obligated;
       ``(B) whether the Secretary has previously used an 
     alternative vendor for carrying out the same function 
     regarding the military equipment in question, and what vendor 
     was previously used;
       ``(C) whether other explanations for the issuance of the 
     waiver are supportable; and
       ``(D) any other matter with respect to the waiver the 
     Inspector General considers appropriate.
       ``(3) Report.--Not later than 90 days after a waiver is 
     issued by the Secretary pursuant to subsection (b) that is 
     covered by this subsection, the Inspector General shall 
     submit to the congressional defense committees a report 
     containing the results of the review on such waiver conducted 
     under paragraph (1).''.

     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 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.
       (b) National Security Waiver Authority.--The Secretary of 
     Defense may waive the applicability of subsection (a) if the 
     Secretary--
       (1) determines that such a waiver is in the national 
     security interests of the United States; or
       (2) 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 the government of 
     the Syrian Arab Republic.
       (c) Notice to Congress Before Obligation of Funds.--Not 
     later than 30 days before obligating funds pursuant to any 
     waiver pursuant to subsection (b), the Secretary of Defense 
     shall submit to Congress a notice on the obligation of funds 
     pursuant to the waiver.
       (d) Department of Defense Inspector General Review .--
       (1) In general.--The Inspector General of the Department of 
     Defense shall conduct a review of any action involving 
     Rosoboronexport in which a waiver is issued by the Secretary 
     of Defense pursuant to subsection (b).
       (2) Elements.--A review conducted under paragraph (1) shall 
     assess the accuracy of the factual and legal conclusions made 
     by the Secretary in the waiver covered by the review, 
     including the following--
       (A) whether there is any viable alternative to 
     Rosoboronexport for carrying out the function for which funds 
     will be obligated;
       (B) whether the Secretary has previously used an 
     alternative vendor for carrying out the same function 
     regarding the military equipment in question, and what vendor 
     was previously used;
       (C) whether other explanations for the issuance of the 
     waiver are supportable; and
       (D) any other matter with respect to the waiver the 
     Inspector General considers appropriate.
       (3) Report.--Not later than 90 days after a waiver is 
     issued by the Secretary pursuant to subsection (b), the 
     Inspector General shall submit to the congressional defense 
     committees a report containing the results of the review on 
     the waiver conducted under paragraph (1).

     SEC. 1233C. REPORT ON ROSOBORONEXPORT ACTIVITIES.

       (a) Report 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 a report 
     setting forth the following:
       (1) A list of the known transfers of lethal military 
     equipment by Rosoboronexport to the Government of the Syrian 
     Arab Republic since March 15, 2011.
       (2) A list of the known contracts, if any, that 
     Rosoboronexport has signed with the Government of the Syrian 
     Arab Republic since March 15, 2011.
       (3) A detailed list of all existing contracts, 
     subcontracts, memorandums of understanding, cooperative 
     agreements, grants, loans, and loan guarantees between the 
     Department of Defense and Rosoboronexport, including a 
     description of the transaction, signing dates, values, and 
     quantities.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 2532. 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), 
     at a minimum, through 2018.
       (b) Scope and Coverage.--The plan required by subsection 
     (a) shall cover the plans of the Department of Defense to 
     build the capacity of the Afghan National Security Forces to 
     maintain and sustain a professional and safe military 
     aviation program that includes the Special Mission Wing (SMW) 
     and the Afghan Air Force (AAF).
       (c) Elements.--The plan required by subsection (a) shall 
     include the following:
       (1) The manner in which the Department of Defense will 
     maintain and evaluate safety, airworthiness, and pilot 
     proficiency standards of the Afghan National Security Forces.
       (2) Means by which the Department will train the Afghan 
     National Security Forces to the necessary aviation 
     proficiency levels.
       (3) 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.
       (4) The type and number of aircraft required to equip each 
     Afghan National Security Forces aviation unit.
       (5) The additional aircraft to be procured by the Afghan 
     National Security Forces to meet such requirements.
       (6) 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 
     oversight from the United States Armed Forces.
       (7) The amount required on an annual basis for operations 
     and sustainment of planned aviation units.
       (8) The portion of the amount described in paragraph (7) 
     that is anticipated to be provided by the Afghanistan 
     Government and the portion that is anticipated to be provided 
     by international contributions.
       (9) Mechanisms for vetting Afghan National Security Forces 
     personnel that will receive training from the United States 
     under the plan.
       (10) Mechanisms for end-user monitoring for aircraft and 
     equipment 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) Department of Defense Inspector General Review.--Not 
     later than 180 days after the date of the submittal of the 
     report required by subsection (a), the Inspector General of 
     the Department of Defense 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:

[[Page S8524]]

       (1) A review and assessment of the plan by the 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 
     Inspector General considers appropriate.
                                 ______
                                 
  SA 2533. Mr. CORNYN (for himself, Mr. Cruz, Mr. Boozman, Mr. Pryor, 
Mr. Heller, Mr. Moran, Ms. Collins, 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:

       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 AN ATTACK PERPETRATED BY A 
                   HOMEGROWN VIOLENT EXTREMIST WHO WAS INSPIRED OR 
                   MOTIVATED BY A FOREIGN TERRORIST ORGANIZATION.

       (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 on active duty 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 in circumstances 
     where the death or wound is the result of an attack targeted 
     on the member due to such member's status as a member of the 
     armed forces, 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 2534. 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 IX, add the following:

     SEC. 935. REQUIREMENTS RELATED TO DATA FUSION, ANALYSIS, 
                   PROCESSING, AND DISSEMINATION SYSTEMS.

       (a) Project Codes for Budget Submissions.--In the budget 
     transmitted by the President to Congress under section 1105 
     of title 31, United States Code, for fiscal year 2015 and 
     each subsequent fiscal year, each module within the 
     distributed common ground system program shall be set forth 
     as a separate project code within the program element line 
     with supporting justification for each project code within 
     the program element descriptive summary provided to Congress.
       (b) Report on Capabilities.--
       (1) In general.--Not later than March 1, 2014, the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics shall submit to the congressional defense 
     committees a report on the distributed common ground system 
     program.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) An assessment of the capability of the program, as 
     currently available to users, to meet current operational and 
     program requirements.
       (B) An evaluation of the capability of commercial-off-the-
     shelf software that meets open architecture standards to meet 
     data fusion, analysis, processing, and dissemination 
     requirements, including the capability of those tools to meet 
     program requirements.
       (C) An assessment of total lifecycle costs for each program 
     and commercial-off-the-shelf alternatives, including the 
     methodology utilized to arrive at such costs.
       (c) Requirement for Competition.--Full and open competition 
     shall be used to the maximum extent practicable to procure or 
     develop any data fusion, analysis, processing, and 
     dissemination products or cloud computing services of any 
     module covered by subsection (a).
       (d) Report on Adoption of Intelligence Community 
     Information Systems by Army.--
       (1) In general.--Not later than March1, 2014, the Secretary 
     of the Army shall submit to the congressional defense 
     committees a report on the interoperability of Army 
     information systems with intelligence community information 
     technology standards.
       (2) Contents.--The report required by paragraph (1) shall 
     include, at a minimum, the following:
       (A) An assessment of the ability of current information 
     systems of the Army to meet intelligence community 
     requirements.
       (B) A list of current requirements for inclusion in systems 
     of the Army designed to interface with intelligence community 
     systems, including the Intelligence Community Information 
     Technology Enterprise.
       (C) Identification of the official responsible for 
     determining any requirement or standard for any major 
     function of the Intelligence Community Information Technology 
     Enterprise-Army system.
       (D) Definitions, as adopted and utilized by the Army for--
       (i) ``open architecture standards''; and
       (ii) ``intelligence community standards''.
       (e) Updated Acquisition Strategy Required.--No later than 
     March 1, 2014, the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall submit to the 
     congressional defense committees an updated acquisition 
     strategy for the program described in subsection (a).
                                 ______
                                 
  SA 2535. Mr. COCHRAN 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 S8525]]


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

     SEC. 353. UTILIZATION OF NATIONAL GUARD INSTALLATION 
                   AIRSPACE.

       (a) In General.--The Secretary of Defense shall not 
     prohibit a State National Guard, designated by the Federal 
     Aviation Administration as a Using Agency, from scheduling 
     and activating, for a public purpose, special use airspace 
     associated with State-owned military facility as long as 
     State National Guard use of airspace can only occur when no 
     military mission or Department of Defense activity within the 
     airspace is affected.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to give any State National Guard superiority over 
     the Department of Defense in airspace scheduling and 
     activation.
                                 ______
                                 
  SA 2536. Mr. BURR (for himself, Mr. Coburn, Mr. Chambliss, and 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 G of title X, add the following:

     SEC. 1066. REPORT ON PLANS TO DISRUPT AND DEGRADE HAQQANI 
                   NETWORK ACTIVITIES AND FINANCES.

       (a) Findings.--Congress makes the following findings:
       (1) The Haqqani Network is a primary partner for the 
     Taliban, al Qaeda, regional militants, and other global 
     Islamic jihadists committing acts of violence, as well as 
     political and economic oppression in Afghanistan and 
     Pakistan.
       (2) The Haqqani Network continues to be a strategic threat 
     to the safety, security, and stability of Afghanistan, as 
     well as the broader region.
       (3) The Haqqani Network is directly responsible for a 
     significant number of United States casualties and injuries 
     on the battlefield in Afghanistan.
       (4) The Haqqani Network continues to actively plan 
     potentially catastrophic attacks against United States 
     interests and personnel in Afghanistan.
       (5) On September 19, 2012, the Secretary of State formally 
     designated the Haqqani Network a Foreign Terrorist 
     Organization pursuant to section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189).
       (b) Sense of Congress.--It is the sense of Congress that 
     the Administration should urgently prioritize efforts, and 
     utilize its full authority, to disrupt and degrade the 
     Haqqani Network and to deny the organization finances it 
     requires to carry out their activities.
       (c) Report on Activities and Plans to Disrupt and Degrade 
     Haqqani Network Activities and Finances.--
       (1) Report required.--The President shall report to the 
     appropriate committees of Congress, not later than 9 months 
     after the date of enactment of their Act, on activities and 
     plans to disrupt and degrade Haqqani Network activities and 
     finances.
       (2) Coordination.--The report required by paragraph (1) 
     shall be prepared by the Secretary of Defense, in 
     coordination with the Secretary of State, the Secretary of 
     the Treasury, the Attorney General, and the Director of 
     National Intelligence, and any other department or agency of 
     the United States Government involved in activities related 
     to disrupting and degrading the Haqqani Network.
       (3) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the current activities of the 
     Department of Defense, the Department of State, the 
     Department of the Treasury, the Department of Justice, and 
     the elements of the intelligence community to disrupt and 
     degrade Haqqani Network activities, finances, and resources.
       (B) An assessment of the intelligence community--
       (i) of the operations of the Haqqani Network in Afghanistan 
     and Pakistan, and its activities outside the region; and
       (ii) of the relationships, networks, and vulnerabilities of 
     the Haqqani Network, including with Pakistan's military, 
     intelligence services, and government officials, including 
     provincial and district officials.
       (C) A review of the plans and intentions of the Haqqani 
     Network with respect to the continued drawdown of United 
     States and coalition troops.
       (D) A review of the current United States policies, 
     operations, funding, and plans for applying sustained and 
     systemic pressure against the Haqqani Network's financial 
     infrastructure, including--
       (i) identification of the agencies that would participate 
     in implementing such plans;
       (ii) a description of the legal authorities under which 
     such a plan would be conducted;
       (iii) a description of the objectives and desired outcomes 
     of such a plan, including specific steps to achieve these 
     objectives and outcomes;
       (iv) metrics to measure the success of the plan; and
       (v) the identity of the agency of office to be designated 
     as the lead agency in implementing such a plan.
       (E) An examination of the role current United States and 
     coalition contracting processes have in furthering the 
     financial interests of the Haqqani Network, and how such 
     strategy will mitigate the unintended consequences of such 
     processes.
       (F) An assessment of formal and informal business sectors 
     penetrated by the Haqqani Network in Afghanistan, Pakistan, 
     and other countries, particularly in the Persian Gulf region, 
     and a description of steps to counter these activities.
       (G) An estimate of associated costs required to plan and 
     execute any proposed activities to disrupt and degrade the 
     Haqqani Network's operations and resources.
       (H) A description of how activities and plans specified in 
     paragraph (1) fit in the broader United States efforts to 
     stabilize Afghanistan and prevent the region from being a 
     safe haven for al Qaeda and its affiliates.
       (4) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 3003(4)).
                                 ______
                                 
  SA 2537. 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 located in Sauk County, Wisconsin, and managed 
     by the Federal Government relating to the plant; and
       (C) any structure on the land described in subparagraph 
     (B).
       (b) Transfer of Administrative Jurisdiction.--
       (1) In general.--There is transferred from the Secretary of 
     Defense to the Secretary of the Interior administrative 
     jurisdiction over approximately 1,553 acres of land located 
     within the boundary of the property, to be held in trust by 
     the Secretary of the Interior for the benefit of the Ho-Chunk 
     Nation.
       (2) Date of transfer.--The transfer under paragraph (1) 
     shall be carried out--
       (A) not earlier than the date on which environmental 
     remediation activities on the land transferred under 
     paragraph (1) is finalized; and
       (B) not later than the earlier of--
       (i) the date that is 12 months after the date described in 
     subparagraph (A); and
       (ii) the date of enactment of this section.
       (c) Retention of Environmental Liability.--
       (1) In general.--Subject to paragraph (2), beginning on the 
     date on which the property is transferred to the Secretary of 
     the Interior under subsection (b), the Department of Defense 
     shall retain sole and exclusive Federal responsibility and 
     liability to fund and implement any action required under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Safe 
     Drinking Water Act (42 U.S.C. 300f et seq.), or any other 
     applicable Federal or State law.
       (2) Limitation.--The liability described in paragraph (1) 
     is limited to the remediation of environmental contamination 
     caused by the activities of the Department of Defense that 
     existed before the date on which the property is transferred.
       (d) Effect.--Except as otherwise provided in this section, 
     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) 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

[[Page S8526]]

       (3) 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 2538. 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 REPORT FOR ENERGY REMOTE MILITARY 
                   INSTALLATIONS.

       (a) Report.--
       (1) Report required.--Not later than 270 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 states with energy remote military 
     installations, and viable and feasible options for achieving 
     energy efficiency and cost savings at those 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 energy remote 
     military installations.
       (B) An assessment of current sources of energy in states 
     with energy remote military installations 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 could 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 states with energy remote military 
     installations, 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 may encouraged to work in conjunction and 
     coordinate with the states containing energy remote military 
     installations, local communities, and other Federal 
     departments and agencies.
       (b) Definitions.--In this section, the term ``energy remote 
     military installation'' includes military installations in 
     the United States not connected to an extensive electrical 
     energy grid.
                                 ______
                                 
  SA 2539. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2185 submitted by Mr. Wicker (for himself, Mr. Lee, Mrs. 
Fischer, and Mr. Cornyn) 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:

       At the end, add the following:
       (c) National Security Waiver.--
       (1) In general.--The President may waive the certification 
     requirement in subsection (a) if the President, acting 
     jointly through the Secretary of Defense and the Director of 
     National Intelligence, certifies to Congress that the waiver 
     is in the interests of the national security of the United 
     States, provided--
       (A) all data collected or transmitted from ground 
     monitoring stations covered by the waiver shall not be 
     encrypted;
       (B) all foreign nationals involved in the construction, 
     operation, and maintenance of such ground monitoring stations 
     shall be accompanied by cleared United States persons or 
     United States law enforcement personnel;
       (C) such ground monitoring stations shall be not located in 
     geographic proximity to sensitive United States national 
     security sites;
       (D) the United States shall approve all equipment to be 
     located at such ground stations; and
       (E) appropriate actions are taken to ensure that any such 
     ground monitoring station does not pose a cyber espionage or 
     other cyber threat to the United States.
       (2) Waiver report.--The waiver in this subsection shall be 
     accompanied by a written report to the appropriate 
     congressional committees that sets forth--
       (A) the reason why it is not possible to provide the 
     certification in subsection (a);
       (B) an assessment of the impact of the waiver on the 
     national security of the United States;
       (C) a description of the means to be used to mitigate any 
     such impact to the United States for the duration that such 
     ground monitoring stations are operated on United States 
     Government soil;
       (D) to the extent possible, the elements of the report 
     required by subsection (b); and
       (E) any other information in connection with the waiver 
     that the President considers appropriate.
                                 ______
                                 
  SA 2540. Mr. BAUCUS (for himself and Mr. Tester) 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) Payment for Entitlement Land.--The land withdrawn under 
     subsection (a) is considered the location of a semi-active 
     installation that the Secretary of the Army keeps for reserve 
     component training, for purposes of chapter 69 of title 31, 
     United States Code.
                                 ______
                                 
  SA 2541. Mr. UDALL of Colorado (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 appropriate place, insert the following:

     SEC. __. ESTABLISHMENT OF THE ADVISORY BOARD ON TOXIC 
                   SUBSTANCES AND WORKER HEALTH.

       (a) Advisory Board on Toxic Substances and Worker Health.--
     Subtitle B of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7384l et seq.) is 
     amended by adding at the end the following:

     ``SEC. 3632. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER 
                   HEALTH.

       ``(a) Establishment.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of this section, the President shall 
     establish and appoint an Advisory Board on Toxic Substances 
     and Worker Health (referred to in this section as the 
     `Board').
       ``(2) Consultation on appointments.--The President shall 
     make appointments to the Board in consultation with 
     organizations with expertise on worker health issues in order 
     to ensure that the membership of the Board reflects a proper 
     balance of perspectives from the scientific, medical, legal, 
     worker, worker families, and worker advocate communities.
       ``(3) Chairperson.--The President shall designate a Chair 
     of the Board from among its members.
       ``(b) Duties.--The Board shall--
       ``(1) advise the President concerning the review and 
     approval of the Department of Labor site exposure matrix;
       ``(2) conduct periodic peer reviews of, and approve, 
     medical guidance for part E claims examiners with respect to 
     the weighing of a claimant's medical evidence;
       ``(3) obtain periodic expert review of evidentiary 
     requirements for part B claims related to lung disease 
     regardless of approval;
       ``(4) provide oversight over industrial hygienists, 
     Department of Labor staff physicians, and Department of 
     Labor's consulting physicians and their reports to ensure 
     quality, objectivity, and consistency; and
       ``(5) coordinate exchanges of data and findings with the 
     Advisory Board on Radiation and Worker Health to the extent 
     necessary (under section 3624).
       ``(c) Staff and Powers.--
       ``(1) In general.--The President shall appoint a staff to 
     facilitate the work of the Board. The staff of the Board 
     shall be headed by a Director who shall be appointed under 
     subchapter VIII of chapter 33 of title 5, United States Code.
       ``(2) Federal agency personnel.--The President may 
     authorize the detail of employees of Federal agencies to the 
     Board as necessary to enable the Board to carry out its 
     duties under this section. The detail of such personnel may 
     be on a non-reimbursable basis.
       ``(3) Powers.--The Board shall have same powers that the 
     Advisory Board has under section 3624.

[[Page S8527]]

       ``(4) Contractors.--The Secretary shall employ outside 
     contractors and specialists selected by the Board to support 
     the work of the Board.
       ``(d) Expenses.--Members of the Board, other than full-time 
     employees of the United States, while attending meetings of 
     the Board or while otherwise serving at the request of the 
     President, and while serving away from their homes or regular 
     place of business, shall be allowed travel and meal expenses, 
     including per diem in lieu of subsistence (as authorized by 
     section 5703 of title 5, United States Code) for individuals 
     in the Federal Government serving without pay.
       ``(e) Security Clearances.--
       ``(1) Application.--The Secretary of Energy shall ensure 
     that the members and staff of the Board, and the contractors 
     performing work in support of the Board, are afforded the 
     opportunity to apply for a security clearance for any matter 
     for which such a clearance is appropriate.
       ``(2) Determination.--The Secretary of Energy should, not 
     later than 180 days after receiving a completed application 
     for a security clearance under this subsection, make a 
     determination whether or not the individual concerned is 
     eligible for the clearance.
       ``(3) Report.--For fiscal year 2015, and each fiscal year 
     thereafter, the Secretary of Energy shall include in the 
     budget justification materials submitted to Congress in 
     support of the Department of Energy budget for that fiscal 
     year (as submitted with the budget of the President under 
     section 1105(a) of title 31, United States Code) a report 
     specifying the number of applications for security clearances 
     under this subsection, the number of such applications 
     granted, and the number of such applications denied.
       ``(f) Information.--The Secretary of Energy shall, in 
     accordance with law, provide to the Board and the contractors 
     of the Board, access to any information that the Board 
     considers relevant to carry out its responsibilities under 
     this section, including information such as restricted data 
     (as defined in section 11(y) of the Atomic Energy Act of 1954 
     (42 U.S.C. 2014(y))) and information covered by the Privacy 
     Act.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section. The provision of section 151(b) of title I of 
     division B of Public Law 106-554 shall not apply to funding 
     provided to carry out this section.''.
       (b) Department of Labor Response to the Office of the 
     Ombudsman Annual Report.--Section 3686 of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7385s-15) is amended--
       (1) in subsection (e)(1), by striking ``February 15'' and 
     inserting ``July 30''; and
       (2) by striking subsection (h) and inserting the following:
       ``(h) Response to Report.--Not later than 180 days after 
     the publication of the annual report under subsection (e), 
     the Department of Labor shall submit an answer in writing on 
     whether the Department agrees or disagrees with the specific 
     issues raised by the Ombudsman, if the Department agrees, on 
     the actions to be taken to correct the problems identified by 
     the Ombudsman, and if the Department does not agree, on the 
     reasons therefore. The Department of Labor shall post such 
     answer on the public Internet website of the Department.''.
                                 ______
                                 
  SA 2542. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 2502 submitted by Ms. Baldwin 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:

       Beginning on page 1, strike line 3 and all that follows 
     through page 3, line 24, and insert 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 located in Sauk County, Wisconsin, and managed 
     by the Federal Government relating to the plant; and
       (C) any structure on the land described in subparagraph 
     (B).
       (b) Transfer of Administrative Jurisdiction.--
       (1) In general.--There is transferred from the Secretary of 
     Defense to the Secretary of the Interior administrative 
     jurisdiction over approximately 1,553 acres of land located 
     within the boundary of the property, to be held in trust by 
     the Secretary of the Interior for the benefit of the Ho-Chunk 
     Nation.
       (2) Date of transfer.--The transfer under paragraph (1) 
     shall be carried out--
       (A) not earlier than the date on which environmental 
     remediation activities on the land transferred under 
     paragraph (1) is finalized; and
       (B) not later than the earlier of--
       (i) the date that is 12 months after the date described in 
     subparagraph (A); and
       (ii) the date of enactment of this section.
       (c) Retention of Environmental Liability.--
       (1) In general.--Subject to paragraph (2), beginning on the 
     date on which the property is transferred to the Secretary of 
     the Interior under subsection (b), the Department of Defense 
     shall retain sole and exclusive Federal responsibility and 
     liability to fund and implement any action required under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Safe 
     Drinking Water Act (42 U.S.C. 300f et seq.), or any other 
     applicable Federal or State law.
       (2) Limitation.--The liability described in paragraph (1) 
     is limited to the remediation of environmental contamination 
     caused by the activities of the Department of Defense that 
     existed before the date on which the property is transferred.
       (d) Effect.--Except as otherwise provided in this section, 
     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) 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
       (3) 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.

                          ____________________