[Congressional Record Volume 160, Number 121 (Wednesday, July 30, 2014)]
[Senate]
[Pages S5147-S5157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3706. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2410, to authorize appropriations for 
fiscal year 2015 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to 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. 1087. REPORT ON POW/MIA POLICIES.

       (a) In General.--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 
     policies and proposals for providing access to information 
     and documents to the next of kin of missing service 
     personnel, including under chapter 76 of title 10, United 
     States Code, as amended by section 911.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of information and documents to be 
     provided to the next of kin, including the status of recovery 
     efforts and service records.
       (2) A description of the Department's plans, if any, to 
     review the classification status of records related to past 
     covered conflicts and missing service personnel.
       (3) An assessment of whether it is feasible and advisable 
     to develop a public interface for any database of missing 
     personnel being developed.
                                 ______
                                 
  SA 3707. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2410, to authorize appropriations for 
fiscal year 2015 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 846. PROGRAM FRAUD CIVIL REMEDIES STATUTE FOR THE 
                   DEPARTMENT OF DEFENSE AND THE NATIONAL 
                   AERONAUTICS AND SPACE ADMINISTRATION.

       (a) Purpose.--The purpose of this section is to provide the 
     Secretary of Defense and the Administrator of the National 
     Aeronautics and Space Administration with an effective 
     administrative remedy to obtain recompense for the Department 
     of Defense and the National Aeronautics and Space 
     Administration for losses resulting from the submission to 
     the Department or the Administration, respectively, of false, 
     fictitious, or fraudulent claims and statements.
       (b) Program Fraud Civil Remedies.--
       (1) In general.--Part IV of subtitle A of title 10, United 
     States Code, is amended by inserting after chapter 163 the 
     following new chapter:

 ``CHAPTER 164--ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

``Sec.
``2751. Applicability of chapter; definitions.
``2752. False claims and statements; liability.
``2753. Hearing and determinations.
``2754. Payment; interest on late payments.
``2755. Judicial review.
``2756. Collection of civil penalties and assessments.
``2757. Right to administrative offset.
``2758. Limitations.
``2759. Effect on other laws.
``2751. Applicability of chapter; definitions.

     ``Sec. 2751. Applicability of chapter; definitions

       ``(a) Applicability of Chapter.--This chapter applies to 
     the following agencies:
       ``(1) The Department of Defense.
       ``(2) The National Aeronautics and Space Administration.
       ``(b) Definitions.--In this chapter:
       ``(1) Head of an agency.--The term `head of an agency' 
     means the Secretary of Defense and the Administrator of the 
     National Aeronautics and Space Administration.
       ``(2) Claim.--The term `claim' means any request, demand, 
     or submission--
       ``(A) made to the head of an agency for property, services, 
     or money (including money representing grants, loans, 
     insurance, or benefits);
       ``(B) made to a recipient of property, services, or money 
     received directly or indirectly from the head of an agency or 
     to a party to a contract with the head of an agency--
       ``(i) for property or services if the United States--

       ``(I) provided such property or services;
       ``(II) provided any portion of the funds for the purchase 
     of such property or services; or
       ``(III) will reimburse such recipient or party for the 
     purchase of such property or services; or

       ``(ii) for the payment of money (including money 
     representing grants, loans, insurance, or benefits) if the 
     United States--

       ``(I) provided any portion of the money requested or 
     demanded; or
       ``(II) will reimburse such recipient or party for any 
     portion of the money paid on such request or demand; or

       ``(C) made to the head of an agency which has the effect of 
     decreasing an obligation to pay or account for property, 
     services, or money.
       ``(3) Knows or has reason to know.--The term `knows or has 
     reason to know', for purposes of establishing liability under 
     section 2752 of this title, means that a person, with respect 
     to a claim or statement--
       ``(A) has actual knowledge that the claim or statement is 
     false, fictitious, or fraudulent;
       ``(B) acts in deliberate ignorance of the truth or falsity 
     of the claim or statement; or
       ``(C) acts in reckless disregard of the truth or falsity of 
     the claim or statement, and no proof of specific intent to 
     defraud is required.
       ``(4) Responsible official.--The term `responsible 
     official' means a designated debarring and suspending 
     official of the agency named in subsection (a).
       ``(5) Respondent.--The term `respondent' means a person who 
     has received notice from a responsible official asserting 
     liability under section 2752 of this title.
       ``(6) Statement.--The term `statement' means any 
     representation, certification, affirmation, document, record, 
     or an accounting or bookkeeping entry made--
       ``(A) with respect to a claim or to obtain the approval or 
     payment of a claim (including relating to eligibility to make 
     a claim); or
       ``(B) with respect to (including relating to eligibility 
     for)--
       ``(i) a contract with, or a bid or proposal for a contract 
     with, the head of an agency; or
       ``(ii) a grant, loan, or benefit from the head of an 
     agency.
       ``(c) Claims.--For purposes of paragraph (2) of subsection 
     (b)--
       ``(1) each voucher, invoice, claim form, or other 
     individual request or demand for property, services, or money 
     constitutes a separate claim;
       ``(2) each claim for property, services, or money is 
     subject to this chapter regardless of whether such property, 
     services, or money is actually delivered or paid; and
       ``(3) a claim shall be considered made, presented, or 
     submitted to the head of an agency, recipient, or party when 
     such claim is actually made to an agent, fiscal intermediary, 
     or other entity acting for or on behalf of such authority, 
     recipient, or party.
       ``(d) Statements.--For purposes of paragraph (6) of 
     subsection (b)--

[[Page S5148]]

       ``(1) each written representation, certification, or 
     affirmation constitutes a separate statement; and
       ``(2) a statement shall be considered made, presented, or 
     submitted to the head of an agency when such statement is 
     actually made to an agent, fiscal intermediary, or other 
     entity acting for or on behalf of such authority.

     ``Sec. 2752. False claims and statements; liability

       ``(a) False Claims.--Any person who makes, presents, or 
     submits, or causes to be made, presented, or submitted, to 
     the head of an agency a claim that the person knows or has 
     reason to know--
       ``(1) is false, fictitious, or fraudulent;
       ``(2) includes or is supported by any written statement 
     which asserts a material fact this is false, fictitious, or 
     fraudulent;
       ``(3) includes or is supported by any written statement 
     that--
       ``(A) omits a material fact;
       ``(B) is false, fictitious, or fraudulent as a result of 
     such omission; and
       ``(C) is made, presented, or submitted by a person who has 
     a duty to include such material fact; or
       ``(4) is for payment for the provision of property or 
     services which the person has not provided as claimed,

     shall, in addition to any other remedy that may be prescribed 
     by law, be subject to a civil penalty of not more than $5,000 
     for each such claim. Such person shall also be subject to an 
     assessment of not more than twice the amount of such claim, 
     or the portion of such claim which is determined by the 
     responsible official to be in violation of the preceding 
     sentence.
       ``(b) False Statements.--Any person who makes, presents, 
     submits, or causes to be made, presented, or submitted, a 
     written statement in conjunction with a procurement program 
     or acquisition of the an agency named in section 2751(a) of 
     this title that--
       ``(1) the person knows or has reason to know--
       ``(A) asserts a material fact that is false, fictitious, or 
     fraudulent; or
       ``(B)(i) omits a material fact; and
       ``(ii) is false, fictitious, or fraudulent as a result of 
     such omission;
       ``(2) in the case of a statement described in subparagraph 
     (B) of paragraph (1), is a statement in which the person 
     making, presenting, or submitting such statement has a duty 
     to include such material fact; and
       ``(3) contains or is accompanied by an express 
     certification or affirmation of the truthfulness and accuracy 
     of the contents of the statement,

     shall be subject to, in addition to any other remedy that may 
     be prescribed by law, a civil penalty of not more than $5,000 
     for each such statement.

     ``Sec. 2753. Hearing and determinations

       ``(a) Transmittal of Notice to Attorney General.--If a 
     responsible official determines that there is adequate 
     evidence to believe that a person is liable under section 
     2752 of this title, the responsible official shall transmit 
     to the Attorney General, or any other officer or employee of 
     the Department of Justice designated by the Attorney General, 
     a written notice of the intention of such official to 
     initiate an action under this section. The notice shall 
     include the following:
       ``(1) A statement of the reasons for initiating an action 
     under this section.
       ``(2) A statement specifying the evidence which supports 
     liability under section 2752 of this title.
       ``(3) A description of the claims or statements for which 
     liability under section 2752 of this title is alleged.
       ``(4) An estimate of the penalties and assessments that 
     will be demanded under section 2752 of this title.
       ``(5) A statement of any exculpatory or mitigating 
     circumstances which may relate to such claims or statements.
       ``(b) Statement From Attorney General.--(1) Within 90 days 
     after receipt of a notice from a responsible official under 
     subsection (a), the Attorney General, or any other officer or 
     employee of the Department of Justice designated by the 
     Attorney General, shall transmit a written statement to the 
     responsible official which specifies--
       ``(A) that the Attorney General, or any other officer or 
     employee of the Department of Justice designated by the 
     Attorney General, approves or disapproves initiating an 
     action under this section based on the allegations of 
     liability stated in such notice; and
       ``(B) in any case in which the initiation of an action 
     under this section is disapproved, the reasons for such 
     disapproval.
       ``(2) If at any time after the initiation of an action 
     under this section the Attorney General, or any other officer 
     or employee of the Department of Justice designated by the 
     Attorney General, transmits to a responsible official a 
     written determination that the continuation of any action 
     under this section may adversely affect any pending or 
     potential criminal or civil action, such action shall be 
     immediately stayed and may be resumed only upon written 
     authorization from the Attorney General, or any other officer 
     or employee of the Department of Justice designated by the 
     Attorney General.
       ``(c) Limitation on Amount of Claim That May Be Pursued 
     Under This Section.--No action shall be initiated under this 
     section, nor shall any assessment be imposed under this 
     section, if the total amount of the claim determined by the 
     responsible official to violate section 2752(a) of this title 
     exceeds $500,000. The $500,000 threshold does not include 
     penalties or any assessment permitted under section 2752(a) 
     of this title greater than the amount of the claim determined 
     by the responsible official to violate such section.
       ``(d) Procedures for Resolving Claims.--(1) Upon receiving 
     approval under subsection (b) to initiate an action under 
     this section, the responsible official shall mail, by 
     registered or certified mail, or other similar commercial 
     means, or shall deliver, a notice to the person alleged to be 
     liable under section 2752 of this title. Such notice shall 
     specify the allegations of liability against such person, 
     specify the total amount of penalties and assessments sought 
     by the United States, advise the person of the opportunity to 
     submit facts and arguments in opposition to the allegations 
     set forth in the notice, advise the person of the opportunity 
     to submit offers of settlement or proposals of adjustment, 
     and advise the person of the procedures of the agency 
     governing the resolution of actions initiated under this 
     section.
       ``(2) Within 30 days after receiving a notice under 
     paragraph (1), or any additional period of time granted by 
     the responsible official, the respondent may submit in 
     person, in writing, or through a representative, facts and 
     arguments in opposition to the allegations set forth in the 
     notice, including any additional information that raises a 
     genuine dispute of material fact.
       ``(3) If the respondent fails to respond within 30 days, or 
     any additional time granted by the responsible official, the 
     responsible official may issue a written decision disposing 
     of the matters raised in the notice. Such decision shall be 
     based on the record before the responsible official. If the 
     responsible official concludes that the respondent is liable 
     under section 2752 of this title, the decision shall include 
     the findings of fact and conclusions of law which the 
     responsible official relied upon in determining that the 
     respondent is liable, and the amount of any penalty or 
     assessment to be imposed on the respondent. Any such 
     determination shall be based on a preponderance of the 
     evidence. The responsible official shall promptly send to the 
     respondent a copy of the decision by registered or certified 
     mail, or other similar commercial means, or shall hand 
     deliver a copy of the decision.
       ``(4) If the respondent makes a timely submission, and the 
     responsible official determines that the respondent has not 
     raised any genuine dispute of material fact, the responsible 
     official may issue a written decision disposing of the 
     matters raised in the notice. Such decision shall be based on 
     the record before the responsible official. If the 
     responsible official concludes that the respondent is liable 
     under section 2752 of this title, the decision shall include 
     the findings of fact and conclusions of law which the 
     responsible official relied upon in determining that the 
     respondent is liable, and the amount of any penalty or 
     assessment to be imposed on the respondent. Any such 
     determination shall be based on a preponderance of the 
     evidence. The responsible official shall promptly send to the 
     respondent a copy of the decision by registered or certified 
     mail, or other similar commercial means, or shall hand 
     deliver a copy of the decision.
       ``(5) If the respondent makes a timely submission, and the 
     responsible official determines that the respondent has 
     raised a genuine dispute of material fact, the responsible 
     official shall commence a hearing to resolve the genuinely 
     disputed material facts by mailing by registered or certified 
     mail, or other similar commercial means, or by hand delivery 
     of, a notice informing the respondent of--
       ``(A) the time, place, and nature of the hearing;
       ``(B) the legal authority under which the hearing is to be 
     held;
       ``(C) the material facts determined by the responsible 
     official to be genuinely in dispute that will be the subject 
     of the hearing; and
       ``(D) a description of the procedures for the conduct of 
     the hearing.
       ``(6) The responsible official and any person against whom 
     liability is asserted under this chapter may agree to a 
     compromise or settle an action at any time. Any compromise or 
     settlement must be in writing.
       ``(e) Respondent Entitled to Copy of the Record.--At any 
     time after receiving a notice under paragraph (1) of 
     subsection (d), the respondent shall be entitled to a copy of 
     the entire record before the responsible official.
       ``(f) Hearings.--Any hearing commenced under this section 
     shall be conducted by the responsible official, or a fact-
     finder designated by the responsible official, solely to 
     resolve genuinely disputed material facts identified by the 
     responsible official and set forth in the notice to the 
     respondent.
       ``(g) Procedures for Hearings.--(1) Each hearing shall be 
     conducted under procedures prescribed by the head of the 
     agency. Such procedures shall include the following:
       ``(A) The provision of written notice of the hearing to the 
     respondent, including written notice of--
       ``(i) the time, place, and nature of the hearing;
       ``(ii) the legal authority under which the hearing is to be 
     held;
       ``(iii) the material facts determined by the responsible 
     official to be genuinely in dispute that will be the subject 
     of the hearing; and
       ``(iv) a description of the procedures for the conduct of 
     the hearing.

[[Page S5149]]

       ``(B) The opportunity for the respondent to present facts 
     and arguments through oral or documentary evidence, to submit 
     rebuttal evidence, and to conduct such cross-examination as 
     may be required to resolve any genuinely disputed material 
     facts identified by the responsible official.
       ``(C) The opportunity for the respondent to be accompanied, 
     represented, and advised by counsel or such other qualified 
     representative as the head of the agency may specify in such 
     procedures.
       ``(2) For the purpose of conducting hearings under this 
     section, the responsible official is authorized to administer 
     oaths or affirmations.
       ``(3) Hearings shall be held at the responsible official's 
     office, or at such other place as may be agreed upon by the 
     respondent and the responsible official.
       ``(h) Decision Following Hearing.--The responsible official 
     shall issue a written decision within 60 days after the 
     conclusion of the hearing. That decision shall set forth 
     specific findings of fact resolving the genuinely disputed 
     material facts that were the subject of the hearing. The 
     written decision shall also dispose of the matters raised in 
     the notice required under paragraph (1) of subsection (d). If 
     the responsible official concludes that the respondent is 
     liable under section 2752 of this title, the decision shall 
     include the findings of fact and conclusions of law which the 
     responsible official relied upon in determining that the 
     respondent is liable, and the amount of any penalty or 
     assessment to be imposed on the respondent. Any decisions 
     issued under this subsection shall be based on the record 
     before the responsible official and shall be supported by a 
     preponderance of the evidence. The responsible official shall 
     promptly send to the respondent a copy of the decision by 
     registered or certified mail, or other similar commercial 
     means, or shall hand deliver a copy of the decision.

     ``Sec. 2754. Payment; interest on late payments

       ``(a) Payment of Assessments and Penalties.--A respondent 
     shall render payment of any assessment and penalty imposed by 
     a responsible official, or any amount otherwise agreed to as 
     part of a settlement or adjustment, not later than the date--
       ``(1) that is 30 days after the date of the receipt by the 
     respondent of the responsible official's decision; or
       ``(2) as otherwise agreed to by the respondent and the 
     responsible official.
       ``(b) Interest.--If there is an unpaid balance as of the 
     date determined under subsection (a), interest shall accrue 
     from that date on any unpaid balance. The rate of interest 
     charged shall be the rate in effect as of that date that is 
     published by the Secretary of the Treasury under section 3717 
     of title 31.
       ``(c) Treatment of Receipts.--All penalties, assessments, 
     or interest paid, collected, or otherwise recovered under 
     this chapter shall be deposited into the Treasury as 
     miscellaneous receipts as provided in section 3302 of title 
     31.

     ``Sec. 2755. Judicial review

       ``A decision by a responsible official under section 
     2753(d) or 2753(h) of this title shall be final. Any such 
     final decision is subject to judicial review only under 
     chapter 7 of title 5.

     ``Sec. 2756. Collection of civil penalties and assessments

       ``(a) Judicial Enforcement of Civil Penalties and 
     Assessments.--The Attorney General shall be responsible for 
     judicial enforcement of any civil penalty or assessment 
     imposed under this chapter.
       ``(b) Civil Actions for Recovery.--Any penalty or 
     assessment imposed in a decision by a responsible official, 
     or amounts otherwise agreed to as part of a settlement or 
     adjustment, along with any accrued interest, may be recovered 
     in a civil action brought by the Attorney General. In any 
     such action, no matter that was raised or that could have 
     been raised in a proceeding under this chapter or pursuant to 
     judicial review under section 2755 of this title may be 
     raised as a defense, and the determination of liability and 
     the determination of amounts of penalties and assessments 
     shall not be subject to review.
       ``(c) Jurisdiction of United States District Courts.--The 
     district courts of the United States shall have jurisdiction 
     of any action commenced by the United States under subsection 
     (b).
       ``(d) Joining and Consolidating Actions.--Any action under 
     subsection (b) may, without regard to venue requirements, be 
     joined and consolidated with or asserted as a counterclaim, 
     cross-claim, or setoff by the United States in any other 
     civil action which includes as parties the United States, and 
     the person against whom such action may be brought.
       ``(e) Jurisdiction of United States Court of Federal 
     Claims.--The United States Court of Federal Claims shall have 
     jurisdiction of any action under subsection (b) to recover 
     any penalty or assessment, or amounts otherwise agreed to as 
     part of a settlement or adjustment, along with any accrued 
     interest, if the cause of action is asserted by the United 
     States as a counterclaim in a matter pending in such court. 
     The counterclaim need not relate to the subject matter of the 
     underlying claim.

     ``Sec. 2757. Right to administrative offset

       ``The amount of any penalty or assessment that has been 
     imposed by a responsible official, or any amount agreed upon 
     in a settlement or compromise, along with any accrued 
     interest, may be collected by administrative offset.

     ``Sec. 2758. Limitations

       ``(a) Limitation on Period for Initiation of Administrative 
     Action.--An action under section 2752 of this title with 
     respect to a claim or statement shall be commenced within six 
     years after the date on which such claim or statement is 
     made, presented, or submitted.
       ``(b) Limitation Period for Initiation of Civil Action for 
     Recovery of Administrative Penalty or Assessment.--A civil 
     action to recover a penalty or assessment under section 2756 
     of this title shall be commenced within three years after the 
     date of the decision of the responsible official imposing the 
     penalty or assessment.

     ``Sec. 2759. Effect on other laws

       ``(a) Relationship to Title 44 Authorities.--This chapter 
     does not diminish the responsibility of the head of an agency 
     to comply with the provisions of chapter 35 of title 44, 
     relating to coordination of Federal information policy.
       ``(b) Relationship to Title 31 Authorities.--The procedures 
     set forth in this chapter apply to the agencies named in 
     section 2751(a) of this title in lieu of the procedures under 
     chapter 38 of title 31, relating to administrative remedies 
     for false claims and statements.
       ``(c) Relationship to Other Authorities.--Any action, 
     inaction, or decision under this chapter shall be based 
     solely upon the information before the responsible official 
     and shall not limit or restrict any agency of the Government 
     from instituting any other action arising outside this 
     chapter, including suspension or debarment, based upon the 
     same information. Any action, inaction, or decision under 
     this chapter shall not restrict the ability of the Attorney 
     General to bring judicial action, based upon the same 
     information as long as such action is not otherwise 
     prohibited by law.''.
       (2) Clerical amendment.--The tables of chapters at the 
     beginning of subtitle A, and at the beginning of part IV of 
     subtitle A, of such title are each amended by inserting after 
     the item relating to chapter 163 the following new item:

``164.  Administrative Remedies for False Claims and Stateme2751''.....

       (c) Conforming Amendments.--Section 3801(a)(1) of title 31, 
     United States Code, is amended--
       (1) in subparagraph (A), by inserting ``(other than the 
     Department of Defense)'' after ``executive department'';
       (2) by striking subparagraph (B);
       (3) by redesignating subparagraphs (C), (D), (E), and (F) 
     as subparagraphs (B), (C), (D), and (E), respectively; and
       (4) in subparagraph (B), as redesignated by paragraph (3), 
     by inserting ``(other than the National Aeronautics and Space 
     Administration)'' after ``not an executive department''.
       (d) Effective Date.--Chapter 164 of title 10, United States 
     Code, as added by subsection (b), and the amendments made by 
     subsection (c), shall apply to any claim or statement made, 
     presented, or submitted on or after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 3708. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2410, to authorize appropriations for 
fiscal year 2015 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to 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 V, add the following:

     SEC. 557. ADDITIONAL ELEMENTS IN MILITARY JUSTICE REVIEW 
                   COMMITTEE COMPREHENSIVE REVIEW OF MILITARY 
                   JUSTICE REFORM.

       The Secretary of Defense shall provide that the matters 
     considered by the Military Justice Review Committee in its 
     current comprehensive review of military justice reform shall 
     include the following:
       (1) A recommendation as to the feasibility and advisability 
     of specifying separately as an offense under chapter 47 of 
     title 10, United States Code (the Uniform Code of Military 
     Justice), each of the following offenses that are currently 
     encompassed by general article section 934 of title 10, 
     United States Code (article 134 of the Uniform Code of 
     Military Justice):
       (A) Assault with intent to commit murder, voluntary 
     manslaughter, rape, robbery, forcible sodomy, arson, 
     burglary, and housebreaking.
       (B) Child endangerment.
       (C) Child pornography.
       (D) Negligent homicide.
       (E) Kidnapping.
       (F) Obstruction of justice.
       (G) Pandering and prostitution.
       (H) Subordination of perjury.
       (I) Soliciting another to commit an offense.
       (J) Any other offense currently encompassed by general 
     article section 934 of title 10, United States Code that the 
     Military Justice Review Committee considers appropriate.
       (2) A recommendation as to the feasibility and advisability 
     of terminating the authority of the Courts of Criminal 
     Appeals to

[[Page S5150]]

     overturn a finding of guilt based on factual insufficiency, 
     including an assessment of any efficiencies that could be 
     achieved in the appellate process by the termination of such 
     authority.
                                 ______
                                 
  SA 3709. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2410, to authorize appropriations for 
fiscal year 2015 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to 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 V, add the following:

     SEC. 567. APPLICABILITY OF ELIMINATION OF FIVE-YEAR STATUTE 
                   OF LIMITATIONS ON TRIAL BY COURT-MARTIAL TO 
                   OFFENSES INVOLVING SEX-RELATED CRIMES TO 
                   CERTAIN OFFENSES COMMITTED BEFORE ELIMINATION 
                   OF THE STATUTE OF LIMITATIONS.

       Section 1703(c) of the National Defense Authorization Act 
     for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 958; 10 
     U.S.C. 843 note) is amended--
       (1) by striking ``the date of the enactment of this Act'' 
     and inserting ``December 26, 2013''; and
       (2) by striking ``that is committed on or after that 
     date.'' and inserting ``that is committed as follows:
       ``(1) On or after December 26, 2013.
       ``(2) Before December 26, 2013, but only if such offense 
     was committed on such a date that the statute of limitations 
     on such offense, as in effect on December 25, 2013, had not 
     expired as of the date of the enactment of the Carl Levin 
     National Defense Authorization Act for Fiscal Year 2015.''.
                                 ______
                                 
  SA 3710. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2410, to authorize appropriations for 
fiscal year 2015 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of 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 827 and insert the following:

     SEC. 827. PROHIBITION ON REIMBURSEMENT OF CONTRACTORS FOR 
                   CONGRESSIONAL INVESTIGATIONS AND INQUIRIES.

       (a) Civilian Contracts.--Section 4304(a) of title 41, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(17) Costs incurred by a contractor in connection with 
     any congressional investigation or inquiry.''.
       (b) Defense Contracts.--Section 2324(e)(1) of title 10, 
     United States Code, is amended by adding at the end the 
     following new subparagraph:
       ``(Q) Costs incurred by a contractor in connection with a 
     congressional investigation or inquiry into an issue that is 
     the subject matter of a proceeding resulting in a disposition 
     as described in subsection (k)(2).''.
                                 ______
                                 
  SA 3711. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2410, to authorize appropriations for 
fiscal year 2015 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to 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 VIII, add the following:

     SEC. 830. EXTENSION OF WHISTLEBLOWER PROTECTIONS FOR 
                   CONTRACTOR EMPLOYEES TO EMPLOYEES OF 
                   CONTRACTORS OF THE ELEMENTS OF THE INTELLIGENCE 
                   COMMUNITY.

       (a) Contractors of DoD and Related Agencies.--Subsection 
     (e) of section 2409 of title 10, United States Code, is 
     amended to read as follows:
       ``(e) Disclosures With Respect to Elements of Intelligence 
     Community and Intelligence-related Activities.--(1) Any 
     disclosure under this section by an employee of a contractor, 
     subcontractor, or grantee of an element of the intelligence 
     community (as defined in section 3(4) of the National 
     Security Act of 1947 (50 U.S.C. 3003(4)) with respect to an 
     element of the intelligence community or an activity of an 
     element of the intelligence community shall comply with 
     applicable provisions of section 17(d)(5) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) and 
     section 8H of the Inspector General Act of 1978 (5 U.S.C. 
     App.)
       ``(2) Any disclosure described in paragraph (1) of 
     information required by Executive order to be kept classified 
     in the interests of national defense or the conduct of 
     foreign affairs that is made to a court shall be treated by 
     the court in a manner consistent with the interests of the 
     national security of the United States, including through the 
     use of summaries or ex parte submissions if the element of 
     the intelligence community awarding the contract or grant 
     concerned advises the court that the national security 
     interests of the United States warrant the use of such 
     summaries or submissions.''.
       (b) Pilot Program on Other Contractor Employees.--
     Subsection (f) of section 4712 of title 41, United States 
     Code, is amended to read as follows:
       ``(f) Disclosures With Respect to Elements of Intelligence 
     Community and Intelligence-related Activities.--
       ``(1) Manner of disclosures.--Any disclosure under this 
     section by an employee of a contractor, subcontractor, or 
     grantee of an element of the intelligence community (as 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 3003(4)) with respect to an element of the 
     intelligence community or an activity of an element of the 
     intelligence community shall comply with applicable 
     provisions of section 17(d)(5) of the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 3517(d)(5)) and section 8H of 
     the Inspector General Act of 1978 (5 U.S.C. App.)
       ``(2) Treatment by courts.--Any disclosure described in 
     paragraph (1) of information required by Executive order to 
     be kept classified in the interests of national defense or 
     the conduct of foreign affairs that is made to a court shall 
     be treated by the court in a manner consistent with the 
     interests of the national security of the United States, 
     including through the use of summaries or ex parte 
     submissions if the element of the intelligence community 
     awarding the contract or grant concerned advises the court 
     that the national security interests of the United States 
     warrant the use of such summaries or submissions.''.
                                 ______
                                 
  SA 3712. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2410, to authorize appropriations for 
fiscal year 2015 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to 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. DEFENSE BASE ACT INSURANCE IMPROVEMENTS.

       (a) Requirement for Use of Government Self-insurance 
     Program for Insurance Under Defense Base Act.--Section 1 of 
     the Defense Base Act (42 U.S.C. 1651) is amended by adding at 
     the end the following new subsection:
       ``(g) Transition to Government Self-Insurance Program.--
       ``(1) In general.--On the effective date of this 
     subsection, the requirements in paragraphs (1) through (6) of 
     subsection (a) imposed on contractors to secure the payment 
     of compensation and other benefits under the provisions of 
     this Act and to maintain in full force and effect such 
     security for the payment of such compensation and benefits 
     shall, for injuries sustained after such effective date, be 
     satisfied through the Government Defense Base Act self-
     insurance program.
       ``(2) Government defense base act self-insurance program 
     defined.--In this subsection, the term `Government Defense 
     Base Act self-insurance program' means a self-insurance 
     program developed in the implementation strategy required by 
     section 864(b) of the Carl Levin National Defense 
     Authorization Act for Fiscal Year 2015 and under which--
       ``(A) compensation and benefits for injuries sustained are 
     satisfied directly by the Federal Government, without action 
     of the contractor (or subcontractor or subordinate contractor 
     with respect to such contractor); and
       ``(B) compensation and benefits are funded by the agencies 
     whose contracts are affected.
       ``(3) Effective date.--The effective date of this 
     subsection is the date occurring one year after the date of 
     the enactment of the Carl Levin National Defense 
     Authorization Act for Fiscal Year 2015.''.
       (b) Implementation Strategy for Government Defense Base Act 
     Self-insurance Program.--
       (1) Requirement.--The Secretary of Defense and the 
     Secretary of Labor shall jointly develop and execute an 
     implementation strategy for a self-insurance program for 
     insurance required by the Defense Base Act (42 U.S.C. 1651 et 
     seq.).
       (2) Matters covered.--The implementation strategy required 
     under paragraph (1) shall address and provide a plan for the 
     following:
       (A) Appropriate administration of the self-insurance 
     program, including appropriate program financing.
       (B) Appropriate procedures for claims processing, claims 
     adjudication, and benefits delivery, taking into 
     consideration the unique circumstances of insuring overseas 
     contractors.
       (C) A timeline and strategy to transfer existing claims 
     covered under the Defense Base Act (42 U.S.C. 1651 et seq.) 
     and the War Hazards Compensation Act (42 U.S.C. 1701 et seq.) 
     by private carriers to a Federal Government self-insurance 
     program.
       (D) Recommendations for any additional statutory revisions 
     necessary to carry out the strategy.
       (3) Report and deadline.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     and the Secretary of Labor shall jointly prepare and submit 
     to the appropriate congressional committees a report on the 
     implementation strategy.

[[Page S5151]]

       (c) Report.--
       (1) Report requirement.--Not later than 2 years after the 
     date of the enactment of this Act, the Secretary of Defense 
     and the Secretary of Labor shall jointly prepare a report on 
     the implementation of this section and the amendment made by 
     this section.
       (2) Matters covered.--The report shall cover, at a minimum, 
     the following with respect to the Government Defense Base Act 
     self-insurance program (as defined in the amendment made by 
     subsection (a)):
       (A) The cost savings from the use of the self-insurance 
     program.
       (B) The quality of administration of the self-insurance 
     program.
       (C) Whether the delivery of benefits to injured employees 
     and their survivors (in the case of death) has improved under 
     the self-insurance program.
       (D) Recommendations for improvement of the self-insurance 
     program.
       (E) Such other matters as the Secretaries consider 
     appropriate.
       (d) Definition of Congressional Committees.--In this 
     section, the term ``appropriate congressional committees'' 
     means the following:
       (1) The Committees on Armed Services of the Senate and the 
     House of Representatives.
       (2) The Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Oversight and 
     Government Reform of the House of Representatives.
                                 ______
                                 
  SA 3713. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 737. EXTENSION OF QUALIFICATION OF CERTAIN MENTAL HEALTH 
                   COUNSELORS OF THE DEPARTMENT OF DEFENSE FOR 
                   PRACTICE IN CERTAIN AREAS.

       (a) In General.--Notwithstanding the termination of effect 
     of section 199.6(c)(3)(iii)(N)(2) of title 32, Code of 
     Federal Regulations (as in effect on August 18, 2014), any 
     mental health counselor who meets the qualifications for a 
     TRICARE certified mental health counselor under the TRICARE 
     program and possesses a master's or higher-level degree from 
     a mental health counseling program of education and training 
     from a regionally accredited institution shall continue to 
     qualify as a TRICARE certified mental health counselor on and 
     after January 1, 2017, or any earlier termination date for 
     qualification as specified by the Secretary of Defense, for 
     purposes of providing mental health care to beneficiaries of 
     the TRICARE program in each of the following areas:
       (1) Areas--
       (A) that are 300 miles driving distance or more from an 
     institution of higher education that offers a mental health 
     counseling program of education and training accredited by 
     the Council for Accreditation of Counseling and Related 
     Educational Programs; or
       (B) in which veterans in such area do not have access to 
     such an institution via road.
       (2) Areas outside the United States.
       (b) TRICARE Certified Mental Health Counselor Defined.--In 
     this section, the term ``TRICARE certified mental health 
     counselor'' has the meaning given such term in section 
     199.6(c)(3)(iii)(N) of title 32, Code of Federal Regulations, 
     as in effect on August 18, 2014.
                                 ______
                                 
  SA 3714. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 603.
                                 ______
                                 
  SA 3715. Mr. CASEY (for himself, Ms. Ayotte, Mrs. Boxer, Mr. Warner, 
and Mrs. Shaheen) submitted an amendment intended to be proposed by him 
to the bill S. 2410, to authorize appropriations for fiscal year 2015 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. 1213. SUPPORT FOR SECURITY OF AFGHAN WOMEN AND GIRLS.

       (a) Findings.--Congress makes the following findings:
       (1) Through the sacrifice and dedication of members of the 
     Armed Forces and civilian personnel, as well the American 
     people's generous investment, oppressive Taliban rule has 
     given way to a nascent democracy in Afghanistan. It is in our 
     national security interest to help prevent Afghanistan from 
     ever again becoming a safe haven and training ground for 
     international terrorism and to solidify and preserve the 
     gains our men and women in uniform fought so hard to 
     establish.
       (2) The United States through its National Action Plan on 
     Women, Peace, and Security has made firm commitments to 
     support the human rights of the women and girls of 
     Afghanistan. The National Action Plan states that ``the 
     engagement and protection of women as agents of peace and 
     stability will be central to United States efforts to promote 
     security, prevent, respond to, and resolve conflict, and 
     rebuild societies''.
       (3) As stated in the Department of Defense's July 2013 1230 
     Report on Progress Toward Security and Stability in 
     Afghanistan (in this section, the ``1230 Report''), the 
     United States Government ``recognizes that promoting security 
     for Afghan women and girls must remain a top foreign policy 
     priority''. The November 2013 1230 Report also highlights 
     this priority and further states, ``A major focus of DoD and 
     others working to improve the conditions of women in 
     Afghanistan is now to maintain the gains made in the last 
     twelve years after the ISAF mission ends.''
       (4) According to the November 1230 Report, female 
     recruitment and retention rates for the Afghan National 
     Security Forces fell short of the Ministry of Defense (MoD) 
     and Ministry of the Interior (MoI) female recruitment goals. 
     In regards to women serving in the ANP, the November 1230 
     report also states, ``Low female recruitment is due in part 
     to the MoI's passive female recruitment efforts, which has no 
     specific female recruitment strategy or plan.''
       (5) According to the Special Inspector General for Afghan 
     Reconstruction (SIGAR) April 2014 report, despite more women 
     showing an interest in joining the security forces, women 
     still make up less than 1 percent of the ANA and AAF. Also, 
     according to the SIGAR report, ``As in prior quarters, the 
     number of women in the ANP is increasing, but progress has 
     been slow toward reaching the goal to have 5,000 women in the 
     ANP by the end of 2014. This quarter, ANP personnel included 
     1,743 women-226 officers, 728 NCOs, and 789 enlisted 
     personnel-according to CSTC-A. This is an increase of 539 
     women since August 22, 2011.''
       (6) According to Shaheen Chughtai, Oxfam's deputy head of 
     policy and campaigns, ``This lack of policewomen, and 
     effective policewomen, is one of the main reasons why 
     violence and threats against women and girls in Afghanistan 
     are under-reported. It's why prosecutions are so rare and 
     it's why the culture of impunity continues.''
       (7) According to the Afghan Ministry of Women's Affairs 
     report released in January 2014, of 4,505 cases of violence 
     against women in 2013, which include issues such as forced 
     marriage, fewer than 10 percent were resolved through the 
     legal process.
       (8) According to the International Crisis Group, there are 
     not enough female police officers to staff all provincial 
     Family Response Units (FRUs). United Nations Assistance 
     Mission Afghanistan and the Office of the High Commissioner 
     for Refugees found that ``in the absence of Family Response 
     Units or visible women police officers, women victims almost 
     never approach police stations willingly, fearing they will 
     be arrested, their reputations stained or worse''.
       (9) FRUs are a core component of strategies for how to both 
     strengthen the roles of women in the police force and ensure 
     attention to crimes of sexual and gender-based violence 
     (SGBV). However, FRUs have been under-resourced and under-
     utilized, making it difficult for them to fulfill their 
     mandate.
       (10) The Government of Afghanistan, with support from 
     United States-led coalition forces, recruited, trained, and 
     contracted over 13,000 female searchers for the 2014 
     presidential election thereby ensuring many women-only 
     polling centers would be operational on election day.
       (11) The Presidential election on April 5, 2014, saw 
     unprecedented levels of female voter participation. According 
     to the SIGAR quarterly report published on April 30, 2014, 
     approximately 35 percent of those votes were cast by women.
       (b) Sense of Congress on Promotion of Security of Afghan 
     Women.--It is the sense of Congress that--
       (1) it is in the United States Government's national 
     security interests to prevent Afghanistan from again becoming 
     a safe haven and training ground for international terrorism;
       (2) as an important part of a strategy to achieve this 
     objective and to help Afghanistan achieve its full potential, 
     the United States Government should continue to regularly 
     press the Government of the Islamic Republic of Afghanistan 
     to commit to the meaningful inclusion of women in the 
     political, economic, and security transition process and to 
     ensure that women's concerns are fully reflected in relevant 
     negotiations, such as the upcoming NATO summit and the 
     Afghanistan Development Conference of 2014 in London;
       (3) the United States Government and the Government of 
     Afghanistan should reaffirm their commitment to supporting 
     Afghan civil society, including women's organizations, as 
     agreed to during the meeting between the International 
     Community and the Government of Afghanistan on the Tokyo 
     Mutual Accountability Framework (TMAF) in July 2013; and

[[Page S5152]]

       (4) the United States Government should continue to support 
     and encourage efforts to recruit and retain women in the 
     Afghan National Security Forces, who are critical to the 
     success of NATO's Resolute Support Mission.
       (c) Plan to Promote Security of Afghan Women.--
       (1) Reporting requirement.--The Secretary of Defense, in 
     conjunction with the Secretary of State, shall include in the 
     report required under section 1227--
       (A) an assessment of the security of Afghan women and 
     girls, including information regarding efforts to increase 
     the recruitment and retention of women in the ANSF; and
       (B) an assessment of the implementation of the authority 
     under section 1531 of the National Defense Authorization Act 
     of Fiscal Year 2014 (Public Law 113-66; 127 Stat. 937), as 
     extended by section 1523 of this Act, for the recruitment, 
     integration, retention, training, and treatment of women in 
     the ANSF, including the challenges associated with such 
     implementation and the steps being taken to address those 
     challenges.
       (2) Plan to promote security of afghan women.--
       (A) In general.--The Secretary of Defense shall, to the 
     extent practicable, support the efforts of the Government of 
     Afghanistan to promote the security of Afghan women and girls 
     during and after the security transition process through the 
     development and implementation by the Government of 
     Afghanistan of an Afghan-led plan that should include the 
     elements described in this paragraph.
       (B) Training.--The Secretary of Defense, working with the 
     International Security Force (ISAF) and NATO Training 
     Mission-Afghanistan (NTM-A), should encourage the Government 
     of Afghanistan to develop--
       (i) an evaluation of the effectiveness of existing training 
     for Afghan National Security Forces on this issue;
       (ii) a plan to increase the number of female security 
     officers specifically trained to address cases of gender-
     based violence, including ensuring the Afghan National 
     Police's Family Response Units (FRUs) have the necessary 
     resources and are available to women across Afghanistan;
       (iii) a plan to address the development of accountability 
     mechanisms for ANA and ANP personnel who violate codes of 
     conduct related to the human rights of women and girls, 
     including female members of the ANSF; and
       (iv) a plan to develop training for the ANA and the ANP to 
     increase awareness and responsiveness among ANA and ANP 
     personnel regarding the unique security challenges women 
     confront when serving in those forces.
       (C) Enrollment and treatment.--The Secretary of Defense, in 
     cooperation with the Afghan Ministries of Defense and 
     Interior, shall seek to assist the Government of Afghanistan 
     in including as part of the plan developed under subparagraph 
     (A) the development and implementation of a plan to increase 
     the number of female members of the ANA and ANP and to 
     promote their equal treatment, including through such steps 
     as providing appropriate equipment, modifying facilities, and 
     ensuring literacy and gender awareness training for female 
     recruits and male counterparts.
       (D) Allocation of funds.--The $25,000,000 allocated from 
     the Afghan Security Forces Fund pursuant to section 1523(b) 
     for the recruitment, integration, retention, training, and 
     treatment of women in the ANSF, may be available for 
     activities, including the provision of--
       (i) appropriate equipment for female security and police 
     forces;
       (ii) modification and refurbishment of facilities to 
     support the recruitment and retention of women within the 
     forces;
       (iii) security provisions for high-profile female police 
     and army officers;
       (iv) mechanisms to address sexual harassment within the 
     forces;
       (v) support for ANP Family Response Units; and
       (vi) training to include literacy training for women 
     recruits as well as gender awareness training for male 
     counterparts.
       (3) Staffing at polling stations.--The Secretary of Defense 
     should assist the Afghan MOD and MOI in maintaining the 
     female searcher capabilities that were established for the 
     April 2014 presidential elections for the 2015 parliamentary 
     elections, which may include--
       (A) providing assistance in the development of a 
     recruitment and training program for female searchers and 
     security officers to staff voting stations during the 2015 
     parliamentary elections;
       (B) working with the Ministry of Interior to ensure that 
     female ANP officers and previously recruited searchers' 
     training is maintained and that those searchers already 
     recruited and trained are reassigned to provide security for 
     polling stations; and
       (C) allotting the appropriate amount of funds from the 
     funds allocated to the Afghan Security Forces Fund to hire 
     any additional temporary female personnel required to staff 
     polling stations.
                                 ______
                                 
  SA 3716. Mr. McCAIN (for himself, Mr. Flake, and Mr. Barrasso) 
submitted an amendment intended to be proposed by him to the bill S. 
2648, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2014, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on 16, strike line 20 and all that follows 
     through page 23, line 10, and insert the following:

                    CHAPTER 2--FLAME ACT AMENDMENTS

     SEC. 2201. FINDINGS.

       Congress finds that--
       (1) over the past 2 decades, wildfires have increased 
     dramatically in size and costs;
       (2) existing budget mechanisms for estimating the costs of 
     wildfire suppression are not keeping pace with the actual 
     costs for wildfire suppression due in part to improper budget 
     estimation methodology;
       (3) the FLAME Funds have not been adequate in supplementing 
     wildland fire management funds in cases in which wildland 
     fire management accounts are exhausted; and
       (4) the practice of transferring funds from other agency 
     funds (including the hazardous fuels treatment accounts) by 
     the Secretary of Agriculture or the Secretary of the Interior 
     to pay for wildfire suppression activities, commonly known as 
     ``fire-borrowing'', does not support the missions of the 
     Forest Service and the Department of the Interior with 
     respect to protecting human life and property from the threat 
     of wildfires.

     SEC. 2202. FLAME ACT AMENDMENTS.

       (a) Funding.--Section 502(d) of the FLAME Act of 2009 (43 
     U.S.C. 1748a(d)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``shall consist of'' and all that follows 
     through ``appropriated to'' in subparagraph (A) and inserting 
     ``shall consist of such amounts as are appropriated to''; and
       (B) by striking subparagraph (B); and
       (2) by striking paragraphs (4) and (5).
       (b) Use of Flame Fund.--Section 502(e) of the FLAME Act of 
     2009 (43 U.S.C. 1748a(e)) is amended by striking paragraphs 
     (1) and (2) and inserting the following:
       ``(1) In general.--Amounts appropriated to a FLAME Fund, in 
     accordance with section 251(b)(2)(E) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     902(b)(2)(E)), shall be available to the Secretary concerned 
     for wildfire suppression operations if the Secretary 
     concerned issues a declaration and notifies the relevant 
     congressional committees that a wildfire suppression event is 
     eligible for funding from the FLAME Fund.
       ``(2) Declaration criteria.--A declaration by the Secretary 
     concerned under paragraph (1) may be issued only if--
       ``(A) an individual wildfire incident meets the objective 
     indicators of an extraordinary wildfire situation, 
     including--
       ``(i) a wildfire that the Secretary concerned determines 
     has required an emergency Federal response based on the 
     significant complexity, severity, or threat posed by the fire 
     to human life, property, or a resource;
       ``(ii) a wildfire that covers 1,000 or more acres; or
       ``(iii) a wildfire that is within 10 miles of an urbanized 
     area (as defined in section 134(b) of title 23, United States 
     Code); or
       ``(B) the cumulative costs of wildfire suppression and 
     Federal emergency response activities, as determined by the 
     Secretary concerned, would exceed, within 30 days, all of the 
     amounts otherwise previously appropriated (including amounts 
     appropriated under an emergency designation, but excluding 
     amounts appropriated to the FLAME Fund) to the Secretary 
     concerned for wildfire suppression and Federal emergency 
     response.''.
       (c) Treatment of Anticipated and Predicted Activities.--
     Section 502(f) of the FLAME Act of 2009 (43 U.S.C. 1748a(f)) 
     is amended by striking ``(e)(2)(B)(i)'' and inserting 
     ``(e)(2)(A)''.
       (d) Prohibition on Other Transfers.--Section 502 of the 
     FLAME Act of 2009 (43 U.S.C. 1748a) is amended by striking 
     subsection (g) and inserting the following:
       ``(g) Prohibition on Other Transfers.--The Secretary 
     concerned shall not transfer funds provided for activities 
     other than wildfire suppression operations to pay for any 
     wildfire suppression operations.''.
       (e) Accounting and Reports.--Section 502(h) of the FLAME 
     Act of 2009 (43 U.S.C. 1748a(h)) is amended by striking 
     paragraphs (2) and (3) and inserting the following:
       ``(2) Estimates of wildfire suppression operations costs to 
     improve budgeting and funding.--
       ``(A) Budget submission.--Consistent with section 1105(a) 
     of title 31, United States Code, the President shall include 
     in each budget for the Department of Agriculture and the 
     Department of the Interior information on estimates of 
     appropriations for wildfire suppression costs based on an 
     out-year forecast that uses a statistically valid regression 
     model.
       ``(B) Requirements.--The estimate of anticipated wildfire 
     suppression costs under subparagraph (A) shall be developed 
     using the best available--
       ``(i) climate, weather, and other relevant data; and
       ``(ii) models and other analytic tools.
       ``(C) Independent review.--The methodology for developing 
     the estimates of wildfire suppression costs under 
     subparagraph (A) shall be subject to periodic independent 
     review to ensure compliance with subparagraph (B).
       ``(D) Submission to congress.--
       ``(i) In general.--Consistent with the schedule described 
     in clause (ii) and in accordance with subparagraphs (B) and 
     (C), the

[[Page S5153]]

     Secretary concerned shall submit to the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Natural Resources of the House of Representatives an updated 
     estimate of wildfire suppression costs for the applicable 
     fiscal year.
       ``(ii) Schedule.--The Secretary concerned shall submit the 
     updated estimates under clause (i) during--

       ``(I) March of each year;
       ``(II) May of each year;
       ``(III) July of each year; and
       ``(IV) if a bill making appropriations for the Department 
     of the Interior and the Forest Service for the following 
     fiscal year has not been enacted by September 1, September of 
     each year.

       ``(3) Reports.--Annually, the Secretary of Agriculture and 
     the Secretary of the Interior shall jointly submit to the 
     Committee on Energy and Natural Resources of the Senate, the 
     Committee on Natural Resources of the House of 
     Representatives, and the Committees on Appropriations of the 
     Senate and the House of Representatives a report that--
       ``(A) provides a summary of the amount of appropriations 
     made available during the previous fiscal year, which 
     specifies the source of the amounts and the commitments and 
     obligations made under this section;
       ``(B) describes the amounts obligated to individual 
     wildfire events that meet the criteria specified in 
     subsection (e)(2); and
       ``(C) includes any recommendations that the Secretary of 
     Agriculture or the Secretary of the Interior may have to 
     improve the administrative control and oversight of the FLAME 
     Fund.''.

     SEC. 2203. WILDFIRE DISASTER FUNDING AUTHORITY.

       (a) In General.--Section 251(b)(2) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)) is amended by adding at the end the following:
       ``(E) Flame wildfire suppression.--
       ``(i)(I) The adjustments for a fiscal year shall be in 
     accordance with clause (ii) if--

       ``(aa) a bill or joint resolution making appropriations for 
     a fiscal year is enacted that--

       ``(AA) specifies an amount for wildfire suppression 
     operations in the Wildland Fire Management accounts at the 
     Department of Agriculture or the Department of the Interior; 
     and
       ``(BB) specifies a total amount to be used for the purposes 
     described in subclause (II) in the Wildland Fire Management 
     accounts at the Department of Agriculture or the Department 
     of the Interior that is not less than 50 percent of the 
     amount described in subitem (AA); and

       ``(bb) as of the day before the date of enactment of the 
     bill or joint resolution all amounts in the FLAME Fund 
     established under section 502 of the FLAME Act of 2009 (43 
     U.S.C. 1748a) have been expended.

       ``(II) The purposes described in this subclause are--

       ``(aa) hazardous fuels reduction projects and other 
     activities of the Secretary of the Interior, as authorized 
     under the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
     6501 et seq.) and the Tribal Forest Protection Act of 2004 
     (25 U.S.C. 3115a); and
       ``(bb) forest restoration and fuel reduction activities 
     carried out outside of the wildland urban interface that are 
     on condition class 3 Federal land or condition class 2 
     Federal land located within fire regime I, fire regime II, or 
     fire regime III.

       ``(ii) If the requirements under clause (i)(I) are met for 
     a fiscal year, the adjustments for that fiscal year shall be 
     the amount of additional new budget authority provided in the 
     bill or joint resolution described in clause (i)(I)(aa) for 
     wildfire suppression operations for that fiscal year, but 
     shall not exceed $1,000,000,000 in additional new budget 
     authority in each of fiscal years 2015 through 2021.
       ``(iii) As used in this subparagraph--

       ``(I) the term `additional new budget authority' means the 
     amount provided for a fiscal year in an appropriation Act and 
     specified to pay for the costs of wildfire suppression 
     operations that is equal to the greater of the amount in 
     excess of--

       ``(aa) 100 percent of the average costs for wildfire 
     suppression operations over the previous 5 years; or
       ``(bb) the estimated amount of anticipated wildfire 
     suppression costs at the upper bound of the 90 percent 
     confidence interval for that fiscal year calculated in 
     accordance with section 502(h)(3) of the FLAME Act of 2009 
     (43 U.S.C. 1748a(h)(3)); and

       ``(II) the term `wildfire suppression operations' means the 
     emergency and unpredictable aspects of wildland firefighting 
     including support, response, and emergency stabilization 
     activities; other emergency management activities; and funds 
     necessary to repay any transfers needed for these costs.

       ``(iv) The average costs for wildfire suppression 
     operations over the previous 5 years shall be calculated 
     annually and reported in the President's Budget submission 
     under section 1105(a) of title 31, United States Code, for 
     each fiscal year.''.
       (b) Disaster Funding.--Section 251(b)(2)(D) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(D)) is amended--
       (1) in clause (i)--
       (A) in subclause (I), by striking ``and'' and inserting 
     ``plus'';
       (B) in subclause (II), by striking the period and inserting 
     ``; less''; and
       (C) by adding the following:

       ``(III) the additional new budget authority provided in an 
     appropriation Act for wildfire suppression operations 
     pursuant to subparagraph (E) for the preceding fiscal 
     year.''; and

       (2) by adding at the end the following:
       ``(v) Beginning in fiscal year 2016 and in subsequent 
     fiscal years, the calculation of the `average funding 
     provided for disaster relief over the previous 10 years' 
     shall not include the additional new budget authority 
     provided in an appropriation Act for wildfire suppression 
     operations pursuant to subparagraph (E).''.

                  CHAPTER 3--FOREST TREATMENT PROJECTS

     SEC. 2301. DEFINITIONS.

       In this chapter:
       (1) Covered project.--The term ``covered project'' means a 
     project that involves the management or sale of national 
     forest material within a Forest Management Emphasis Area.
       (2) Forest management emphasis area.--
       (A) In general.--The term ``Forest Management Emphasis 
     Area'' means National Forest System land identified as 
     suitable for timber production in a forest management plan in 
     effect on the date of enactment of this Act.
       (B) Exclusions.--The term ``Forest Management Emphasis 
     Area'' does not include National Forest System land--
       (i) that is a component of the National Wilderness 
     Preservation System; or
       (ii) on which removal of vegetation is specifically 
     prohibited by Federal law.
       (3) National forest material.--The term ``national forest 
     material'' means trees, portions of trees, or forest 
     products, with an emphasis on sawtimber and pulpwood, derived 
     from National Forest System land.
       (4) National forest system.--
       (A) In general.--The term ``National Forest System'' has 
     the meaning given the term in section 11(a) of the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1609(a)).
       (B) Exclusion.--The term ``National Forest System'' does 
     not include--
       (i) the national grasslands and land utilization projects 
     administered under title III of the Bankhead-Jones Farm 
     Tenant Act (7 U.S.C. 1010 et seq.); or
       (ii) National Forest System land east of the 100th 
     meridian.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 2302. PROJECTS IN FOREST MANAGEMENT EMPHASIS AREAS.

       (a) Conduct of Covered Projects Within Forest Management 
     Emphasis Areas.--
       (1) In general.--The Secretary may conduct covered projects 
     in Forest Management Emphasis Areas, subject to paragraphs 
     (2) through (4).
       (2) Designating timber for cutting.--
       (A) In general.--Notwithstanding section 14(g) of the 
     National Forest Management Act of 1976 (16 U.S.C. 472a(g)), 
     the Secretary may use designation by prescription or 
     designation by description in conducting covered projects 
     under this chapter.
       (B) Requirement.--The designation methods authorized under 
     subparagraph (A) shall be used in a manner that ensures that 
     the quantity of national forest material that is removed from 
     the Forest Management Emphasis Area is verifiable and 
     accountable.
       (3) Contracting methods.--
       (A) In general.--Timber sale contracts under section 14 of 
     the National Forest Management Act of 1976 (16 U.S.C. 472a) 
     shall be the primary means of carrying out covered projects 
     under this chapter.
       (B) Record.--If the Secretary does not use a timber sale 
     contract under section 14 of the National Forest Management 
     Act of 1976 (16 U.S.C. 472a) to carry out a covered project 
     under this chapter, the Secretary shall provide a written 
     record specifying the reasons that different contracting 
     methods were used.
       (4) Acreage treatment requirements.--
       (A) Total acreage requirements.--The Secretary shall 
     identify, prioritize, and carry out covered projects in 
     Forest Management Emphasis Areas that mechanically treat a 
     total of at least 7,500,000 acres in the Forest Management 
     Emphasis Areas during the 15-year period beginning on the 
     date that is 60 days after the date on which the Secretary 
     assigns the acreage treatment requirements under subparagraph 
     (B).
       (B) Assignment of acreage treatment requirements to 
     individual units of the national forest system.--
       (i) In general.--Not later than 60 days after the date of 
     enactment of this Act and subject to clause (ii), the 
     Secretary, in the sole discretion of the Secretary, shall 
     assign the acreage treatment requirements that shall apply to 
     the Forest Management Emphasis Areas of each unit of the 
     National Forest System.
       (ii) Limitation.--Notwithstanding clause (i), the acreage 
     treatment requirements assigned to a specific unit of the 
     National Forest System under that clause may not apply to 
     more than 25 percent of the acreage to be treated in any unit 
     of the National Forest System in a Forest Management Emphasis 
     Area during the 15-year period described in subparagraph (A).
       (b) Environmental Analysis and Public Review Process for 
     Covered Projects in Forest Management Emphasis Areas.--
       (1) Environmental assessment.--The Secretary shall comply 
     with the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321

[[Page S5154]]

     et seq.) by completing an environmental assessment that 
     assesses the direct environmental effects of each covered 
     project proposed to be conducted within a Forest Management 
     Emphasis Area, except that the Secretary shall not be 
     required to study, develop, or describe more than the 
     proposed agency action and 1 alternative to the proposed 
     agency action for purposes of that Act.
       (2) Public notice and comment.--In preparing an 
     environmental assessment for a covered project under 
     paragraph (1), the Secretary shall provide--
       (A) public notice of the covered project; and
       (B) an opportunity for public comment on the covered 
     project.
       (3) Length.--The environmental assessment prepared for a 
     covered project under paragraph (1) shall not exceed 100 
     pages in length.
       (4) Inclusion of certain documents.--The Secretary may 
     incorporate, by reference, into an environmental assessment 
     any documents that the Secretary, in the sole discretion of 
     the Secretary, determines are relevant to the assessment of 
     the environmental effects of the covered project.
       (5) Deadline for completion.--Not later than 180 days after 
     the date on which the Secretary has published notice of a 
     covered project in accordance with paragraph (2), the 
     Secretary shall complete the environmental assessment for the 
     covered project.
       (c) Compliance With Endangered Species Act.--To comply with 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
     the Secretary shall use qualified professionals on the staff 
     of the Forest Service to make determinations required under 
     section 7 of that Act (16 U.S.C. 1536).
       (d) Limitation on Revision of National Forest Plans.--The 
     Secretary may not, during a revision of a forest plan under 
     section 6 of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1604), reduce the acres 
     designated as suitable for timber harvest under a covered 
     project, unless the Secretary determines, in consultation 
     with the Secretary of the Interior, that the reduction in 
     acreage is necessary to prevent a jeopardy finding under 
     section 7(b) of the Endangered Species Act of 1973 (16 U.S.C. 
     1536(b)).

     SEC. 2303. ADMINISTRATIVE REVIEW; ARBITRATION.

       (a) Administrative Review.--Administrative review of a 
     covered project shall occur only in accordance with the 
     special administrative review process established by section 
     105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
     6515).
       (b) Arbitration.--
       (1) In general.--There is established in the Department of 
     Agriculture a pilot program that--
       (A) authorizes the use of arbitration instead of judicial 
     review of a decision made following the special 
     administrative review process for a covered project described 
     in subsection (a); and
       (B) shall be the sole means to challenge a covered project 
     in a Forest Management Emphasis Area during the 15-year 
     period beginning on the date that is 60 days after the date 
     on which the Secretary assigns the acreage treatment 
     requirements under section 202(a)(4)(B).
       (2) Arbitration process procedures.--
       (A) In general.--Any person who sought administrative 
     review for a covered project in accordance with subsection 
     (a) and who is not satisfied with the decision made under the 
     administrative review process may file a demand for 
     arbitration in accordance with--
       (i) chapter 1 of title 9, United States Code; and
       (ii) this paragraph.
       (B) Requirements for demand.--A demand for arbitration 
     under subparagraph (A) shall--
       (i) be filed not more than 30 days after the date on which 
     the special administrative review decision is issued under 
     subsection (a); and
       (ii) include a proposal containing the modifications sought 
     to the covered project.
       (C) Intervening parties.--
       (i) Deadline for submission; requirements.--Any person that 
     submitted a public comment on the covered project subject to 
     the demand for arbitration may intervene in the arbitration 
     under this subsection by submitting a proposal endorsing or 
     modifying the covered project by the date that is 30 days 
     after the date on which the demand for arbitration is filed 
     under subparagraph (A).
       (ii) Multiple parties.--Multiple objectors or intervening 
     parties that meet the requirements of clause (i) may submit a 
     joint proposal under that clause.
       (D) Appointment of arbitrator.--The United States District 
     Court in the district in which a covered project subject to a 
     demand for arbitration filed under subparagraph (A) is 
     located shall appoint an arbitrator to conduct the 
     arbitration proceedings in accordance with this subsection.
       (E) Selection of proposals.--
       (i) In general.--An arbitrator appointed under subparagraph 
     (D)--

       (I) may not modify any of the proposals submitted under 
     this paragraph; and
       (II) shall select to be conducted--

       (aa) a proposal submitted by an objector under subparagraph 
     (B)(ii) or an intervening party under subparagraph (C); or
       (bb) the covered project, as approved by the Secretary.
       (ii) Selection criteria.--An arbitrator shall select the 
     proposal that best meets the purpose and needs described in 
     the environmental assessment conducted under section 
     202(b)(1) for the covered project.
       (iii) Effect.--The decision of an arbitrator with respect 
     to a selection under clause (i)(II)--

       (I) shall not be considered a major Federal action;
       (II) shall be binding; and
       (III) shall not be subject to judicial review.

       (F) Deadline for completion.--Not later than 90 days after 
     the date on which a demand for arbitration is filed under 
     subparagraph (A), the arbitration process shall be completed.

     SEC. 2304. DISTRIBUTION OF REVENUE.

       (a) Payments to Counties.--
       (1) In general.--Effective for fiscal year 2015 and each 
     fiscal year thereafter until the termination date under 
     section 206, the Secretary shall provide to each county in 
     which a covered project is carried out annual payments in an 
     amount equal to 25 percent of the amounts received for the 
     applicable fiscal year by the Secretary from the covered 
     project.
       (2) Limitation.--A payment made under paragraph (1) shall 
     be in addition to any payments the county receives under the 
     payment to States required by the sixth paragraph under the 
     heading ``Forest service'' in the Act of May 23, 1908 (35 
     Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 
     1, 1911 (36 Stat. 963; 16 U.S.C. 500).
       (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--
     After compliance with subsection (a), the Secretary shall use 
     amounts received by the Secretary from covered projects 
     during each of the fiscal years during the period described 
     in subsection (a) to make deposits into the fund established 
     under section 3 of the Act of June 9, 1930 (commonly known as 
     the ``Knutson-Vandenberg Act'') (16 U.S.C. 576b), and the 
     fund established under section 14(h) of the National Forest 
     Management Act of 1976 (16 U.S.C. 472a(h)) in contributions 
     equal to the amounts otherwise collected under those Acts for 
     projects conducted on National Forest System land.
       (c) Deposit in General Fund of the Treasury.--After 
     compliance with subsections (a) and (b), the Secretary shall 
     deposit into the general fund of the Treasury any remaining 
     amounts received by the Secretary for each of the fiscal 
     years referred to in those subsections from covered projects.

     SEC. 2305. PERFORMANCE MEASURES; REPORTING.

       (a) Performance Measures.--The Secretary shall develop 
     performance measures that evaluate the degree to which the 
     Secretary is achieving--
       (1) the purposes of this chapter; and
       (2) the minimum acreage requirements established under 
     section 2302(a)(4).
       (b) Annual Reports.--Annually, the Secretary shall submit 
     to the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives--
       (1) a report that describes the results of evaluations 
     using the performance measures developed under subsection 
     (a); and
       (2) a report that describes--
       (A) the number and substance of the covered projects that 
     are subject to administrative review and arbitration under 
     section 2303; and
       (B) the outcomes of the administrative review and 
     arbitration under that section.

     SEC. 2306. TERMINATION.

       The authority of this chapter terminates on the date that 
     is 15 years after the date of enactment of this Act.

               CHAPTER 4--FOREST STEWARDSHIP CONTRACTING

     SEC. 2401. CANCELLATION CEILINGS.

       Section 604(d) of the Healthy Forests Restoration Act of 
     2003 (16 U.S.C. 6591c(d)) is amended--
       (1) by redesignating paragraphs (5), (6), and (7) as 
     paragraphs (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (4) the following:
       ``(5) Cancellation ceilings.--
       ``(A) In general.--The Chief and the Director may obligate 
     funds to cover any potential cancellation or termination 
     costs for an agreement or contract under subsection (b) in 
     stages that are economically or programmatically viable.
       ``(B) Notice.--
       ``(i) Submission to congress.--Not later than 30 days 
     before entering into a multiyear agreement or contract under 
     subsection (b) that includes a cancellation ceiling in excess 
     of $25,000,000, but does not include proposed funding for the 
     costs of cancelling the agreement or contract up to the 
     cancellation ceiling established in the agreement or 
     contract, the Chief and the Director shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a written notice that includes--

       ``(I)(aa) the cancellation ceiling amounts proposed for 
     each program year in the agreement or contract; and
       ``(bb) the reasons for the cancellation ceiling amounts 
     proposed under item (aa);
       ``(II) the extent to which the costs of contract 
     cancellation are not included in the budget for the agreement 
     or contract; and
       ``(III) a financial risk assessment of not including 
     budgeting for the costs of agreement or contract 
     cancellation.

       ``(ii) Transmittal to omb.--At least 14 days before the 
     date on which the Chief and Director enter into an agreement 
     or contract

[[Page S5155]]

     under subsection (b), the Chief and Director shall transmit 
     to the Director of the Office of Management and Budget a copy 
     of the written notice submitted under clause (i).''.
                                 ______
                                 
  SA 3717. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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 XII, add the following:

     SEC. 1268. REPLACEMENT OF LOCALLY EMPLOYED STAFF SERVING AT 
                   UNITED STATES DIPLOMATIC FACILITIES IN THE 
                   RUSSIAN FEDERATION.

       (a) Employment Requirement.--
       (1) In general.--The Secretary of State shall ensure that, 
     not later than one year after the date of the enactment of 
     this Act, every supervisory position at a United States 
     diplomatic facility in the Russian Federation shall be 
     occupied by a citizen of the United States who has passed, 
     and shall be subject to, a thorough background check.
       (2) Extension.--The Secretary of State may extend the 
     deadline under paragraph (1) for up to one year by providing 
     advance written notification and justification of such 
     extension to the appropriate congressional committees.
       (3) Progress report.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report on progress made toward meeting the employment 
     requirement under paragraph (1).
       (b) Plan for Reduced Use of Locally Employed Staff.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of State, in coordination with other 
     appropriate government agencies, shall submit to the 
     appropriate congressional committees a plan to further reduce 
     the reliance on Locally Employed Staff in United States 
     diplomatic facilities in the Russian Federation. The plan 
     shall, at a minimum, include cost estimates, timelines, and 
     numbers of employees to be replaced.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional defense committees, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (2) the congressional defense committees, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 3718. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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 XII, add the following:

     SEC. 1268. INCLUSION OF RESTRICTED ACCESS SPACES IN UNITED 
                   STATES DIPLOMATIC FACILITIES IN THE RUSSIAN 
                   FEDERATION AND ADJACENT COUNTRIES.

       (a) Restricted Access Space Requirement.--Each United 
     States diplomatic facility that, after the date of the 
     enactment of this Act, is constructed in, or undergoes a 
     construction upgrade in, the Russian Federation, any country 
     that shares a land border with the Russian Federation, or any 
     country that is a former member of the Soviet Union shall be 
     constructed to include a restricted access space.
       (b) National Security Waiver.--The Secretary of State may 
     waive the requirement under subsection (a) if the Secretary 
     determines that it is in the national security interest of 
     the United States and submits a written justification to the 
     appropriate congressional committees not later than 180 days 
     before exercising such waiver.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional defense committees, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (2) the congressional defense committees, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 3719. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 2648, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2014, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  No agency or instrumentality of the Federal 
     Government may expend funds or resources made available under 
     this Act or any other Act to consider or adjudicate any new 
     or previously denied application of any alien requesting 
     consideration of deferred action for childhood arrivals, as 
     announced by Executive memorandum on June 15, 2012, or any 
     successor memorandum.
                                 ______
                                 
  SA 3720. Mr. CRUZ (for himself, Mr. Sessions, Mr. Vitter, Mr. Inhofe, 
Mr. Lee, Mr. Johanns, and Mr. Boozman) submitted an amendment intended 
to be proposed by him to the bill S. 2648, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2014, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 15, after line 22, add the following:
       Sec. 1503.  No agency or instrumentality of the Federal 
     Government may use Federal funding or resources--
       (1) to consider or adjudicate any new or previously denied 
     application of any alien requesting consideration of deferred 
     action for childhood arrivals, as authorized by Executive 
     memorandum on August 15, 2012, or by any other succeeding 
     executive memorandum authorizing a similar program; or
       (2) to issue a new work authorization to any alien who--
       (A) was not lawfully admitted into the United States in 
     compliance with the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.); and
       (B) is not in lawful status in the United States on the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 3721. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed by him to the bill S. 2410, to authorize appropriations for 
fiscal year 2015 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to 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 XVI, add the following:

     SEC. 1647. PLAN FOR CONTINUING EDUCATION ON CYBER MATTERS.

       (a) Plan Required.--Not later than 360 days after the date 
     of the enactment of this Act, the Secretary of Defense, in 
     cooperation with the Secretaries of the military departments, 
     shall submit to the congressional defense committees a plan 
     for the continuing education of officers and enlisted members 
     of the Armed Forces relating to cyber security and cyber 
     activities of the Department of Defense.
       (b) Elements.--The plan submitted under subsection (a) 
     shall include the following:
       (1) A framework for provision of basic cyber threat 
     education for all members of the Armed Forces.
       (2) A framework for postgraduate education, joint 
     professional military education, and strategic war gaming for 
     cyber strategic and operational leadership.
       (3) Definitions of required positions, including military 
     occupational specialties and rating specialties for each 
     military department, along with the corresponding level of 
     cyber training, education, qualifications, or certifications 
     required for each specialty.
                                 ______
                                 
  SA 3722. Mr. REED (for himself and Mr. Heller) submitted an amendment 
intended to be proposed by him to the bill S. 2648, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2014, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

       DIVISION B--EMERGENCY UNEMPLOYMENT COMPENSATION EXTENSION

     SEC. _1. SHORT TITLE OF DIVISION.

       This division may be cited as the ``Emergency Unemployment 
     Compensation Extension Act of 2014''.

     SEC. _2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION 
                   PROGRAM.

       (a) Extension.--Section 4007(a)(2) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended by striking ``January 1, 2014'' and 
     inserting ``the date that is 5 months after the date of the 
     enactment of the Emergency Unemployment Compensation 
     Extension Act of 2014''.
       (b) Funding.--Section 4004(e)(1) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (1) in subparagraph (I), by striking ``and'' at the end;
       (2) in subparagraph (J), by inserting ``and'' at the end; 
     and
       (3) by inserting after subparagraph (J) the following:
       ``(K) the amendment made by section _2(a) of the Emergency 
     Unemployment Compensation Extension Act of 2014;''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to weeks of unemployment beginning on or after 
     the date of the enactment of this division.

[[Page S5156]]

     SEC. _3. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS.

       (a) In General.--Section 2005 of the Assistance for 
     Unemployed Workers and Struggling Families Act, as contained 
     in Public Law 111-5 (26 U.S.C. 3304 note), is amended--
       (1) by striking ``December 31, 2013'' each place it appears 
     and inserting ``the date that is 5 months after the date of 
     the enactment of the Emergency Unemployment Compensation 
     Extension Act of 2014''; and
       (2) in subsection (c), by striking ``June 30, 2014'' and 
     inserting ``the date that is 11 months after the date of the 
     enactment of the Emergency Unemployment Compensation 
     Extension Act of 2014''.
       (b) Extension of Matching for States With No Waiting 
     Week.--Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``June 30, 2014'' and inserting ``the 
     date that is 11 months after the date of the enactment of the 
     Emergency Unemployment Compensation Extension Act of 2014''.
       (c) Extension of Modification of Indicators Under the 
     Extended Benefit Program.--Section 203 of the Federal-State 
     Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
     3304 note) is amended--
       (1) in subsection (d), by striking ``December 31, 2013'' 
     and inserting ``the date that is 5 months after the date of 
     the enactment of the Emergency Unemployment Compensation 
     Extension Act of 2014''; and
       (2) in subsection (f)(2), by striking ``December 31, 2013'' 
     and inserting ``the date that is 5 months after the date of 
     the enactment of the Emergency Unemployment Compensation 
     Extension Act of 2014''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to weeks of unemployment beginning on or after 
     the date of the enactment of this division.

     SEC. _4. EXTENSION OF FUNDING FOR REEMPLOYMENT SERVICES AND 
                   REEMPLOYMENT AND ELIGIBILITY ASSESSMENT 
                   ACTIVITIES.

       (a) Extension.--
       (1) In general.--Section 4004(c)(2)(A) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended by striking ``through fiscal year 2014'' and 
     inserting ``through fiscal year 2015''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the 
     American Taxpayer Relief Act of 2012 (Public Law 112-240).
       (b) Timing for Services and Activities.--
       (1) In general.--Section 4001(i)(1)(A) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended by adding at the end the following new 
     sentence:

     ``At a minimum, such reemployment services and reemployment 
     and eligibility assessment activities shall be provided to an 
     individual within a time period (determined appropriate by 
     the Secretary) after the date the individual begins to 
     receive amounts under section 4002(b) (first tier benefits) 
     and, if applicable, again within a time period (determined 
     appropriate by the Secretary) after the date the individual 
     begins to receive amounts under section 4002(d) (third tier 
     benefits).''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply on and after the date of the enactment of this 
     division.
       (c) Purposes of Services and Activities.--The purposes of 
     the reemployment services and reemployment and eligibility 
     assessment activities under section 4001(i) of the 
     Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 
     U.S.C. 3304 note) are--
       (1) to better link the unemployed with the overall 
     workforce system by bringing individuals receiving 
     unemployment insurance benefits in for personalized 
     assessments and referrals to reemployment services; and
       (2) to provide individuals receiving unemployment insurance 
     benefits with early access to specific strategies that can 
     help get them back into the workforce faster, including 
     through--
       (A) the development of a reemployment plan;
       (B) the provision of access to relevant labor market 
     information;
       (C) the provision of access to information about industry-
     recognized credentials that are regionally relevant or 
     nationally portable;
       (D) the provision of referrals to reemployment services and 
     training; and
       (E) an assessment of the individual's on-going eligibility 
     for unemployment insurance benefits.

     SEC. _5. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE 
                   RAILROAD UNEMPLOYMENT INSURANCE ACT.

       (a) Extension.--
       (1) In general.--Section 2(c)(2)(D)(iii) of the Railroad 
     Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is 
     amended--
       (A) by striking ``June 30, 2013'' and inserting ``June 30, 
     2014''; and
       (B) by striking ``December 31, 2013'' and inserting 
     ``December 31, 2014''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to weeks of unemployment beginning on or after 
     the date of the enactment of this division.
       (b) Clarification on Authority To Use Funds.--Funds 
     appropriated under either the first or second sentence of 
     clause (iv) of section 2(c)(2)(D) of the Railroad 
     Unemployment Insurance Act shall be available to cover the 
     cost of additional extended unemployment benefits provided 
     under such section 2(c)(2)(D) by reason of the amendments 
     made by subsection (a) as well as to cover the cost of such 
     benefits provided under such section 2(c)(2)(D), as in effect 
     on the day before the date of enactment of this division.
       (c) Funding for Administration.--Out of any funds in the 
     Treasury not otherwise appropriated, there are appropriated 
     to the Railroad Retirement Board $250,000 for administrative 
     expenses associated with the payment of additional extended 
     unemployment benefits provided under section 2(c)(2)(D) of 
     the Railroad Unemployment Insurance Act by reason of the 
     amendments made by subsection (a), to remain available until 
     expended.

     SEC. _6. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS.

       (a) Flexibility.--
       (1) In general.--Subsection (g) of section 4001 of the 
     Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 
     U.S.C. 3304 note) shall not apply with respect to a State 
     that has enacted a law before June 30, 2014, that, upon 
     taking effect, would violate such subsection.
       (2) Effective date.--Paragraph (1) is effective with 
     respect to weeks of unemployment beginning on or after the 
     date of the enactment of this division.
       (b) Permitting a Subsequent Agreement.--Nothing in title IV 
     of the Supplemental Appropriations Act, 2008 (Public Law 110-
     252; 26 U.S.C. 3304 note) shall preclude a State whose 
     agreement under such title was terminated from entering into 
     a subsequent agreement under such title on or after the date 
     of the enactment of this division if the State, taking into 
     account the application of subsection (a), would otherwise 
     meet the requirements for an agreement under such title.

     SEC. _7. ENDING UNEMPLOYMENT PAYMENTS TO JOBLESS MILLIONAIRES 
                   AND BILLIONAIRES.

       (a) Prohibition.--Notwithstanding any other provision of 
     law, no Federal funds may be used for payments of 
     unemployment compensation under the emergency unemployment 
     compensation program under title IV of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) to an individual whose adjusted gross income in the 
     preceding year was equal to or greater than $1,000,000.
       (b) Compliance.--Unemployment Insurance applications shall 
     include a form or procedure for an individual applicant to 
     certify the individual's adjusted gross income was not equal 
     to or greater than $1,000,000 in the preceding year.
       (c) Audits.--The certifications required by subsection (b) 
     shall be auditable by the U.S. Department of Labor or the 
     U.S. Government Accountability Office.
       (d) Status of Applicants.--It is the duty of the States to 
     verify the residency, employment, legal, and income status of 
     applicants for Unemployment Insurance and no Federal funds 
     may be expended for purposes of determining whether or not 
     the prohibition under subsection (a) applies with respect to 
     an individual.
       (e) Effective Date.--The prohibition under subsection (a) 
     shall apply to weeks of unemployment beginning on or after 
     the date of the enactment of this division.

     SEC. _8. GAO STUDY ON THE USE OF WORK SUITABILITY 
                   REQUIREMENTS IN UNEMPLOYMENT INSURANCE 
                   PROGRAMS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the use of work suitability 
     requirements to strengthen requirements to ensure that 
     unemployment insurance benefits are being provided to 
     individuals who are actively looking for work and who truly 
     want to return to the labor force. Such study shall include 
     an analysis of--
       (1) how work suitability requirements work under both State 
     and Federal unemployment insurance programs; and
       (2) how to incorporate and improve such requirements under 
     Federal unemployment insurance programs; and
       (3) other items determined appropriate by the Comptroller 
     General.
       (b) Briefing.--Not later than 90 days after the date of the 
     enactment of this division, the Comptroller General of the 
     United States shall brief Congress on the ongoing study 
     required under subsection (a). Such briefing shall include 
     preliminary recommendations for such legislation and 
     administrative action as the Comptroller General determines 
     appropriate.

     SEC. _9. DESIGNATION OF AMOUNTS.

       Amounts made available in this division are designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 and section 4101 of this Act shall apply 
     to such amounts.

     SEC. _10. BUDGETARY EFFECTS.

       (a) Paygo Scorecard.--The budgetary effects of this 
     division shall not be entered on either PAYGO scorecard 
     maintained pursuant to section 4(d) of the Statutory Pay-As-
     You-Go Act of 2010 (2 U.S.C. 933(d)).
       (b) Senate Paygo Scorecard.--The budgetary effects of this 
     division shall not be entered on any PAYGO scorecard 
     maintained for purposes of section 201 of S. Con. Res. 21 
     (110th Congress).

[[Page S5157]]



                          ____________________