[Congressional Record Volume 160, Number 122 (Thursday, July 31, 2014)]
[Senate]
[Pages S5237-S5275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3723. Mr. McCONNELL 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. __. (a) It is the policy of the United States that 
     unaccompanied alien children (as defined in section 462(g) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(g))) should 
     be--
       (1) treated humanely; and
       (2) expeditiously repatriated to their country of origin.
       (b) No funds appropriated under this Act or any other Act 
     may be used to transport, or facilitate the transport of, any 
     unaccompanied alien child into a State unless, at least 30 
     days before such use, the following preconditions are met:
       (1) The Secretary of Health and Human Services, in 
     consultation with the Governor of the affected State, has 
     certified, to the Speaker of the House of Representatives, 
     the President Pro Tempore of the Senate, and the appropriate 
     congressional committees of jurisdiction, that the 
     unaccompanied alien children will not have a burdensome 
     economic impact or negative public health impact on the State 
     or affected localities.
       (2) The Secretary of Health and Human Services and the 
     Secretary of Homeland Security have jointly certified to the 
     Speaker of the House of Representatives, the President Pro 
     Tempore of the Senate, and the appropriate congressional 
     committees of jurisdiction that the transportation of 
     unaccompanied alien children will not delay their immediate 
     repatriation.
       (c) The certification under section (b)(1) shall include--
       (1) the number of unaccompanied alien children involved;
       (2) the proposed localities and facilities involved; and
       (3) the approximate length of stay within the State.
                                 ______
                                 
  SA 3724. Mr. THUNE 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. __. (a) Before placing an unaccompanied alien child 
     (as defined in section 462(g) of the Homeland Security Act of 
     2002 (6 U.S.C. 279(g))) with an individual, the Secretary of 
     Health and Human Services shall provide the Secretary of 
     Homeland Security with the following information regarding 
     the individual with whom the child will be placed:
       (1) The name of the individual.
       (2) The social security number of the individual.
       (3) The date of birth of the individual.
       (4) The location of the individual's residence in which the 
     child will be placed.
       (5) The immigration status of the individual, if known.
       (6) Contact information for the individual.
       (b) If a child who was apprehended on or after June 15, 
     2012, and before the date of the enactment of this Act, was 
     placed by the Secretary of Health and Human Services with an 
     individual, the Secretary shall provide the information 
     listed in subsection (a) to the Secretary of Homeland 
     Security not later than 90 days after the date of the 
     enactment of this Act.
       (c) Not later than 30 days after receiving the information 
     listed in subsection (a), the Secretary of Homeland Security 
     shall--
       (1) investigate the immigration status of any individual 
     with whom a child is placed whose immigration status is 
     unknown; and
       (2) share the results of such investigation with the 
     Secretary of Health and Human Services.
                                 ______
                                 
  SA 3725. Mr. THUNE 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. __. (a) Not later than 24 hours before the Secretary 
     of Homeland Security or the Secretary of Health and Human 
     Services places unaccompanied alien children (as defined in 
     section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g))) in a facility, or with a sponsor, in a State, the 
     Secretary who has custody of such child shall notify--
       (1) the Governor of each State in which the children are 
     placed of the number of such children who are being placed in 
     such State, broken down by age and placement county; and
       (2) the chief law enforcement officer of each county in 
     which the children are placed of the number of such children 
     who are being placed in such county, broken down by age.
       (b) If an unaccompanied alien child fails to appear at an 
     immigration proceeding that he or she was legally required to 
     attend, the Secretary of Homeland Security shall notify the 
     Governor of the State and the chief law enforcement officer 
     of the county in which such child was temporarily placed of 
     such failure to appear.
                                 ______
                                 
  SA 3726. Mr. THUNE 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 of chapter 5 of title I, insert the following:
       Sec. __.  Section 4002(b) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 300u-11) is amended--
       (1) by redesignating paragraphs (3) through (5) as 
     paragraphs (6) through (8), respectively; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) for each of fiscal years 2012 through 2014, 
     $1,000,000,000;
       ``(3) for fiscal year 2016, $800,000,000;
       ``(4) for fiscal year 2017, $1,000,000,000;''.
                                 ______
                                 
  SA 3727. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 2648, making emergency supplemental appropriations 
for

[[Page S5238]]

the fiscal year ending September 30, 2014, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 20, between lines 10 and 11, insert the following:
       (c) Limitation on Acquisition.--
       (1) In general.--Notwithstanding any other provision of 
     law, except as provided in paragraph (2), beginning on the 
     date of enactment of this Act and during each of the 
     subsequent 10 full fiscal years, none of the funds made 
     available to the Secretary under any law may be used--
       (A) to survey land for future acquisition as Federal land; 
     or
       (B) to enter into discussions with non-Federal landowners 
     to identify land for acquisition as Federal land.
       (2) Exception.--Paragraph (1) does not apply to the use of 
     funds--
       (A) to complete land transactions underway on the date of 
     enactment of this Act;
       (B) to exchange Federal land for non-Federal land; or
       (C) to accept donations of non-Federal land as Federal 
     land.
       (3) Offsetting use of funds.--Funds that would otherwise 
     have been used for purchase of non-Federal land by the Forest 
     Service shall be used to carry out the amendments made by 
     subsections (a) and (b).
                                 ______
                                 
  SA 3728. Ms. COLLINS (for herself and Mr. Kaine) 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, the following:

     SEC. 557. PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS 
                   BETWEEN USERS AND PERSONNEL OF THE DEPARTMENT 
                   OF DEFENSE SAFE HELPLINE AND USERS AND 
                   PERSONNEL OF THE DEPARTMENT OF DEFENSE SAFE 
                   HELPROOM.

       Not later than one year after the date of the enactment of 
     this Act, the Military Rules of Evidence shall be modified to 
     establish a privilege against the disclosure of 
     communications between users and personnel of the Department 
     of Defense Safe Helpline, and between users and personnel of 
     the Department of Defense Safe HelpRoom.
                                 ______
                                 
  SA 3729. Mr. TOOMEY 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 H of title X, add the following:

     SEC. ____. PROCEDURES FOR PROVISION OF CERTAIN INFORMATION TO 
                   STATE VETERANS AGENCIES TO FACILITATE THE 
                   TRANSITION OF MEMBERS OF THE ARMED FORCES FROM 
                   MILITARY SERVICE TO CIVILIAN LIFE.

       (a) Procedures Required.--The Secretary of Defense shall 
     develop procedures to share the information described in 
     subsection (b) on members of the Armed Forces who are 
     separating from the Armed Forces with State veterans agencies 
     in electronic data format as a means of facilitating the 
     transition of members of the Armed Forces from military 
     service to civilian life.
       (b) Covered Information.--The information described in this 
     subsection with respect to a member is as follows:
       (1) Military service and separation data.
       (2) A personal email address.
       (3) A personal telephone number.
       (4) A mailing address.
       (c) Consent.--The procedures required by subsection (a) 
     shall include a requirement for consent of a member before 
     sharing information about the member.
       (d) Use of Information.--The Secretary shall ensure that 
     the information shared with State veterans agencies in 
     accordance with the procedures required by subsection (a) is 
     only shared by such agencies with county government veterans 
     service offices for such purposes as the Secretary shall 
     specify for the administration and delivery of benefits.
       (e) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a report on the progress of the Secretary on sharing 
     information with State veterans agencies as described in 
     subsection (a).
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the procedures developed under 
     subsection (a).
       (B) A description of the activities carried out by the 
     Secretary in accordance with such procedures.
       (C) Such recommendations as the Secretary may have for 
     legislative or administrative action to improve the sharing 
     of information as described in subsection (a).
                                 ______
                                 
  SA 3730. Mr. BOOZMAN (for himself and Mr. Donnelly) 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 H of title X, add the following:

     SEC. 1087. NATIONAL DESERT STORM AND DESERT SHIELD MEMORIAL.

       (a) Definitions.--In this section:
       (1) Association.--The term ``Association'' means the 
     National Desert Storm Memorial Association, a corporation 
     that is--
       (A) organized under the laws of the State of Arkansas; and
       (B)(i) described in section 501(c)(3) of the Internal 
     Revenue Code of 1986; and
       (ii) exempt from taxation under 501(a) of that Code.
       (2) Memorial.--The term ``memorial'' means the National 
     Desert Storm and Desert Shield Memorial authorized to be 
     established under subsection (b).
       (b) Authorization To Establish Commemorative Work.--The 
     Association may establish the National Desert Storm and 
     Desert Shield Memorial as a commemorative work, on Federal 
     land in the District of Columbia to commemorate and honor the 
     members of the Armed Forces that served on active duty in 
     support of Operation Desert Storm or Operation Desert Shield.
       (c) Compliance With Standards for Commemorative Works 
     Act.--The establishment of the memorial under this section 
     shall be in accordance with chapter 89 of title 40, United 
     States Code (commonly known as the ``Commemorative Works 
     Act'').
       (d) Use of Federal Funds Prohibited.--
       (1) In general.--Federal funds may not be used to pay any 
     expense of the establishment of the memorial under this 
     section.
       (2) Responsibility of association.--The Association shall 
     be solely responsible for acceptance of contributions for, 
     and payment of the expenses of, the establishment of the 
     memorial.
       (e) Deposit of Excess Funds.--If, on payment of all 
     expenses for the establishment of the memorial (including the 
     maintenance and preservation amount required by section 
     8906(b)(1) of title 40, United States Code), or on expiration 
     of the authority for the memorial under section 8903(e) of 
     title 40, United States Code, there remains a balance of 
     funds received for the establishment of the memorial, the 
     Association shall transmit the amount of the balance to the 
     Secretary of the Interior for deposit in the account provided 
     for in section 8906(b)(3) of title 40, United States Code.
                                 ______
                                 
  SA 3731. Mrs. BOXER (for herself and Ms. Collins) 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. REQUIREMENTS RELATING TO SEXUAL ASSAULT FORENSIC 
                   EXAMINERS FOR THE ARMED FORCES.

       (a) Personnel Eligible for Assignment.--
       (1) In general.--Except as provided in paragraph (2), the 
     individuals who may be assigned to duty as a sexual assault 
     forensic examiner (SAFE) for the Armed Forces shall be 
     members of the Armed Forces and civilian personnel of the 
     Department of Defense or Department of Homeland Security who 
     are as follows:
       (A) Physicians.
       (B) Nurse practitioners.
       (C) Nurse midwives.
       (D) Physician assistants.
       (E) Registered nurses.
       (2) Independent duty corpsmen.--An independent duty 
     corpsman or equivalent may be assigned to duty as a sexual 
     assault forensic examiner for the Armed Forces if the 
     assignment of an individual specified in paragraph (1) is 
     impracticable.
       (b) Availability of Examiners.--
       (1) In general.--The Secretary concerned shall ensure the 
     availability of an adequate number of sexual assault forensic 
     examiners for the Armed Forces through the following:
       (A) Assignment of at least one sexual assault forensic 
     examiner at each military medical treatment facility under 
     the jurisdiction of such Secretary, whether in the United 
     States or overseas.
       (B) If assignment as described in subparagraph (A) is 
     infeasible or impracticable, entry into agreements with 
     facilities, whether Governmental or otherwise, with 
     appropriate resources for the provision of sexual assault 
     forensic examinations, for the provision of sexual assault 
     forensic examinations for the Armed Forces.
       (2) Naval vessels.--The Secretary concerned shall ensure 
     the availability of an adequate number of sexual assault 
     forensic

[[Page S5239]]

     examiners for naval vessels through the assignment of at 
     least one sexual assault forensic examiner for each naval 
     vessel.
       (c) Training and Certification.--
       (1) In general.--The Secretary concerned shall establish 
     and maintain, and update when appropriate, a training and 
     certification program for sexual assault forensic examiners 
     under the jurisdiction of such Secretary. The training and 
     certification programs shall apply uniformly to all sexual 
     assault forensic examiners under the jurisdiction of the 
     Secretaries.
       (2) Elements.--Each training and certification program 
     under this subsection shall include the following:
       (A) Training in sexual assault forensic examinations by 
     qualified personnel who possess--
       (i) a Sexual Assault Nurse Examiner--adolescent/adult 
     (SANE-A) certification or equivalent certification; or
       (ii) training and clinical or forensic experience in sexual 
     assault forensic examinations similar to that required for a 
     certification described in clause (i).
       (B) A minimum of 40 hours of coursework for participants in 
     sexual assault forensic examinations of adults and 
     adolescents.
       (C) Ongoing examinations and evaluations on sexual assault 
     forensic examinations.
       (D) Clinical mentoring.
       (E) Continuing education.
       (3) Nature of training.--The training provided under each 
     training and certification program under this subsection 
     shall incorporate and reflect current best practices and 
     standards on sexual assault forensic examinations.
       (4) Applicability of training requirements.--An individual 
     may not be assigned to duty as a sexual assault forensic 
     examiner for the Armed Forces after the date that is one year 
     after the date of the enactment of this Act unless the 
     individual has completed all training required under the 
     training and certification program under this subsection at 
     the time of assignment.
       (5) Sense of congress on certification.--It is the sense of 
     Congress that each participant who successfully completes all 
     training required under the certification and training 
     program under this subsection should obtain a Sexual Assault 
     Nurse Examiner--adolescent/adult certification or equivalent 
     certification by not later than five years after completion 
     of such training.
       (6) Examiners under agreements.--Any individual providing 
     sexual assault forensic examinations for the Armed Forces 
     under an agreement under subsection (b)(1)(B) shall possess 
     training and experience equivalent to the training and 
     experience required under the training and certification 
     program under this subsection.
       (d) Secretary Concerned Defined.--In this section, the term 
     ``Secretary concerned'' means--
       (1) the Secretary of Defense with respect to matters 
     concerning the Department of Defense; and
       (2) the Secretary of Homeland Security with respect to 
     matters concerning the Coast Guard when it is not operating 
     as a service in the Navy.
       (e) Repeal of Superseded Requirements.--Section 1725 of the 
     National Defense Authorization Act for Fiscal Year 2014 
     (Public Law 113-66; 127 Stat. 971) is amended by striking 
     subsection (b) (10 U.S.C. 1561 note).
                                 ______
                                 
  SA 3732. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill H.R. 1233, to amend chapter 22 of title 44, United 
States Code, popularly known as the Presidential Records Act, to 
establish procedures for the consideration of claims of 
constitutionally based privilege against disclosure of Presidential 
records, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 33, after the matter following line 7, add the 
     following:

     SEC. 11. ENHANCEMENT OF THE NATIONAL DECLASSIFICATION CENTER.

       (a) In General.--The President shall take appropriate 
     actions to enhance the authority and capacity of the National 
     Declassification Center under Executive Order No. 13526, or 
     any successor Executive order, in order to facilitate, 
     enhance, and advance a government-wide strategy for the 
     declassification of information.
       (b) Required Actions.--The actions taken under subsection 
     (a) shall include the following:
       (1) A requirement that Federal agencies complete the review 
     of Presidential and Federal records proposed for 
     declassification, in accordance with priorities established 
     by the National Declassification Center, within one year of 
     the start of the declassification process, except that 
     agencies may complete such review within two years of the 
     start of the declassification process upon the written 
     approval of the Director of the National Declassification 
     Center.
       (2) A requirement that Federal agencies with authority to 
     classify information share their declassification guidance 
     with other such Federal agencies and with the National 
     Declassification Center.

     SEC. 12. PUBLIC CONSULTATION WITH ADVISORY PANEL TO THE 
                   NATIONAL DECLASSIFICATION CENTER.

       (a) In General.--The Director of the National 
     Declassification Center shall provide for consultation 
     between the advisory panel to the National Declassification 
     Center and the public.
       (b) Frequency.--Consultations under subsection (a) shall 
     occur not less frequently than the frequency of the regular 
     meetings of the advisory panel to the National 
     Declassification Center and, to the extent practicable, shall 
     occur concurrently with the meetings of the advisory panel.

     SEC. 13. EXTENSION OF PUBLIC INTEREST DECLASSIFICATION BOARD.

       Section 710(b) of the Public Interest Declassification Act 
     of 2000 (50 U.S.C. 3161 note) is amended by striking ``2014'' 
     and inserting ``2018''.

     SEC. 14. PRESERVATION AND ACCESS TO HISTORICALLY VALUABLE 
                   RECORDS.

       Federal agencies shall take appropriate actions to identify 
     and designate historically valuable records as soon as 
     possible after their creation in order to ensure the 
     preservation and future accessibility of such documents and 
     records.
                                 ______
                                 
  SA 3733. Ms. COLLINS (for herself and Mr. Blumenthal) 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 VII, add the following:

     SEC. 725. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF 
                   THE ARMED FORCES, THEIR DEPENDENTS, AND 
                   VETERANS.

       Not later than 60 days after the date of the enactment of 
     this Act, the Attorney General shall, in consultation with 
     the Secretary of Defense and the Secretary of Veterans 
     Affairs, prescribe regulations that allow for prescription 
     drug take-back under which members of the Armed Forces and 
     their dependents may deliver controlled substances to 
     military medical treatment facilities, and veterans may 
     deliver controlled substances to Department of Veterans 
     Affairs medical facilities, in accordance with section 302(g) 
     of the Controlled Substances Act (21 U.S.C. 822(g)). The 
     delivery of such substances shall be subject to such 
     requirements as the Attorney General, after consultation with 
     the Secretary of Defense and the Secretary of Veterans 
     Affairs, shall specify in the regulations.
                                 ______
                                 
  SA 3734. Mr. VITTER 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. __.  None of the funds appropriated or otherwise made 
     available by this Act may be used to place an unaccompanied 
     alien child pursuant to section 235(c) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (8 U.S.C. 1232(c)) in any setting other than a 
     secure facility.
                                 ______
                                 
  SA 3735. Mr. VITTER 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. __. ELIGIBILITY FOR CHILD TAX CREDIT.

       (a) In General.--Subsection (e) of section 24 of the 
     Internal Revenue Code of 1986 is amended by striking ``under 
     this section to a taxpayer'' and all that follows and 
     inserting ``under this section to any taxpayer unless--
       ``(1) such taxpayer includes the taxpayer's valid 
     identification number (as defined in section 6428(h)(2)) on 
     the return of tax for the taxable year, and
       ``(2) with respect to any qualifying child, the taxpayer 
     includes the name and taxpayer identification number of such 
     qualifying child on such return of tax.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3736. Mr. VITTER 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:

     TITLE __--EXPEDITED PROCESSING OF UNACCOMPANIED ALIEN CHILDREN

     SEC. _01. EQUAL TREATMENT OF UNACCOMPANIED ALIEN CHILDREN.

       Section 235 of the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) by amending the paragraph heading to read as follows: 
     ``Rules for unaccompanied alien children'';

[[Page S5240]]

       (ii) in subparagraph (A), by striking ``who is a national 
     or habitual resident of a country that is contiguous with the 
     United States'';
       (iii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``may'' 
     and inserting ``shall''; and
       (II) in clause (ii), by inserting ``not later than 72 hours 
     after the child is screened under paragraph (4) by placing 
     the child on the next available flight to such country, 
     subject to determinations of cost, feasibility and any 
     repatriation agreements with such country'' before the period 
     at the end; and

       (iv) in subparagraph (C), by striking ``countries 
     contiguous to the United States'' and inserting ``countries 
     from which large numbers of unaccompanied alien children are 
     unlawfully entering the United States'';
       (B) in paragraph (4)--
       (i) by striking ``Within 48 hours of'' and inserting the 
     following:
       ``(A) In general.--Not later than 48 hours after''; and
       (ii) by striking ``Nothing in this paragraph'' and 
     inserting the following:
       ``(B) Gang affiliation.--If an immigration officer 
     determines that an unaccompanied alien child is, or has been, 
     affiliated with a criminal street gang (as defined in section 
     521(a) of title 18, United States Code), the child shall be 
     treated in accordance with paragraph (2)(B).
       ``(C) Savings provision.--Nothing in this paragraph''; and
       (C) in paragraph (5)(D), by striking ``from a contiguous 
     country subject to exceptions under subsection (a)(2)'' and 
     inserting ``described in paragraph (2)(A)''; and
       (2) in subsection (c)--
       (A) by striking paragraphs (2) through (4);
       (B) by redesignating paragraphs (5) and (6) as paragraphs 
     (3) and (4), respectively; and
       (C) by inserting after paragraph (1) the following:
       ``(2) Mandatory detention for unaccompanied alien 
     children.--An unaccompanied alien child who is apprehended by 
     U.S. Border Patrol or U.S. Immigration and Customs 
     Enforcement shall be detained and remain in the custody of 
     the Department of Homeland Security until the child--
       ``(A) voluntarily departs from the United States in 
     accordance with section 240B of the Immigration and 
     Nationality Act (8 U.S.C. 1229c);
       ``(B) is expeditiously removed from the United States in 
     accordance with--
       ``(i) an order of removal issued in accordance with section 
     235(b)(1) of such Act (8 U.S.C. 1225(b)(1)); or
       ``(ii) a final order of removal issued at the conclusion of 
     special removal proceedings conducted pursuant to section 240 
     of such Act (8 U.S.C. 1229a); or
       ``(C) is legally admitted into the United States as--
       ``(i) a refugee under section 207 of such Act (8 U.S.C. 
     1157); or
       ``(ii) an asylee under section 208 of such Act (8 U.S. C. 
     1158).''.

     SEC. _02. EXPEDITED DUE PROCESS AND SCREENING OF 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) In General.--Chapter 4 of the Immigration and 
     Nationality Act is amended by inserting after section 235A 
     the following:

     ``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING 
                   FOR UNACCOMPANIED ALIEN CHILDREN.

       ``(a) Defined Term.--In this section, the term `asylum 
     officer' means an immigration officer who--
       ``(1) has had professional training in country conditions, 
     asylum law, and interview techniques comparable to that 
     provided to full-time adjudicators of applications under 
     section 208, and
       ``(2) is supervised by an officer who--
       ``(A) meets the condition described in paragraph (1); and
       ``(B) has had substantial experience adjudicating asylum 
     applications.
       ``(b) Proceeding.--
       ``(1) In general.--Not later than 7 days after the 
     screening of an unaccompanied alien child under section 
     235(a)(4) of the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)), 
     an immigration judge shall conduct a proceeding to inspect, 
     screen, and determine the status of an unaccompanied alien 
     child who is an applicant for admission to the United States.
       ``(2) Biometric data collection.--The inspection and 
     screening required under paragraph (1) shall include the 
     collection of biometric data from each unaccompanied alien 
     child, including photographs and fingerprints.
       ``(3) Time limit.--Not later than 72 hours after the 
     conclusion of a proceeding with respect to an unaccompanied 
     alien child under this section, the immigration judge who 
     conducted such proceeding shall issue an order pursuant to 
     subsection (e).
       ``(c) Conduct of Proceeding.--
       ``(1) Authority of immigration judge.--The immigration 
     judge conducting a proceeding under this section--
       ``(A) shall administer oaths, receive evidence, and 
     interrogate, examine, and cross-examine the alien and any 
     witnesses;
       ``(B) may issue subpoenas for the attendance of witnesses 
     and presentation of evidence; and
       ``(C) is authorized to sanction by civil money penalty any 
     action (or inaction) in contempt of the judge's proper 
     exercise of authority under this Act.
       ``(2) Form of proceeding.--A proceeding under this section 
     may take place--
       ``(A) in person;
       ``(B) at a location agreed to by the parties, in the 
     absence of the alien;
       ``(C) through video conference; or
       ``(D) through telephone conference.
       ``(3) Presence of alien.--If it is impracticable by reason 
     of an alien's mental incompetency for the alien to be present 
     at the proceeding, the Attorney General shall prescribe 
     safeguards to protect the rights and privileges of the alien.
       ``(4) Rights of the alien.--In a proceeding under this 
     section--
       ``(A) the alien shall be given the privilege of being 
     represented, at no expense to the Government, by counsel of 
     the alien's choosing who is authorized to practice in such 
     proceedings;
       ``(B) the alien shall be given a reasonable opportunity--
       ``(i) to examine the evidence against the alien;
       ``(ii) to present evidence on the alien's own behalf; and
       ``(iii) to cross-examine witnesses presented by the 
     Government;
       ``(C) the rights set forth in subparagraph (B) shall not 
     entitle the alien--
       ``(i) to examine such national security information as the 
     Government may proffer in opposition to the alien's admission 
     to the United States; or
       ``(ii) to an application by the alien for discretionary 
     relief under this Act; and
       ``(D) a complete record shall be kept of all testimony and 
     evidence produced at the proceeding.
       ``(5) Withdrawal of application for admission.--In the 
     discretion of the Attorney General, an alien applying for 
     admission to the United States may, and at any time, be 
     permitted to withdraw such application and immediately be 
     returned to the alien's country of nationality or country of 
     last habitual residence.
       ``(d) Decision and Burden of Proof.--
       ``(1) Decision.--
       ``(A) In general.--At the conclusion of a proceeding under 
     this section, the immigration judge shall determine whether 
     an unaccompanied alien child is likely to be--
       ``(i) admissible to the United States; or
       ``(ii) eligible for any form of relief from removal under 
     this Act.
       ``(B) Evidence.--The determination of the immigration judge 
     under subparagraph (A) shall be based only on the evidence 
     produced at the hearing.
       ``(2) Burden of proof.--
       ``(A) In general.--In a proceeding under this section, an 
     alien who is an applicant for admission has the burden of 
     establishing, by a preponderance of the evidence, that the 
     alien--
       ``(i) is likely to be entitled to be lawfully admitted to 
     the United States or eligible for any form of relief from 
     removal under this Act; or
       ``(ii) is lawfully present in the United States pursuant to 
     a prior admission.
       ``(B) Access to documents.--In meeting the burden of proof 
     under subparagraph (A)(ii), the alien shall be given access 
     to--
       ``(i) the alien's visa or other entry document, if any; and
       ``(ii) any other records and documents, not considered by 
     the Attorney General to be confidential, pertaining to the 
     alien's admission or presence in the United States.
       ``(e) Orders.--
       ``(1) Placement in further proceedings.--If an immigration 
     judge determines that the unaccompanied alien child has met 
     the burden of proof under subsection (d)(2), the judge shall 
     order the alien to be placed in further proceedings in 
     accordance with section 240.
       ``(2) Orders of removal.--If an immigration judge 
     determines that the unaccompanied alien child has not met the 
     burden of proof required under subsection (d)(2), the judge 
     shall order the alien removed from the United States without 
     further hearing or review unless the alien claims--
       ``(A) an intention to apply for asylum under section 208; 
     or
       ``(B) a substantiated fear of persecution.
       ``(3) Claims for asylum.--If an unaccompanied alien child 
     described in paragraph (2) claims an intention to apply for 
     asylum under section 208 or a substantiated fear of 
     persecution, the officer shall order the alien referred for 
     an interview by an asylum officer under subsection (f).
       ``(f) Asylum Interviews.--
       ``(1) Defined term.--In this subsection, the term 
     `substantiated fear of persecution' means, after taking into 
     account the credibility of the statements made by the alien 
     in support of the alien's claim and such other facts as are 
     known to the officer, there is a significant possibility that 
     the alien could establish eligibility for asylum under 
     section 208.
       ``(2) Conduct by asylum officer.--An asylum officer shall 
     conduct interviews of aliens referred under subsection 
     (e)(3).
       ``(3) Referral of certain aliens.--If the officer 
     determines at the time of the interview that an alien has a 
     substantiated fear of persecution, the alien shall be held in 
     the custody of the Secretary for Health and Human Services 
     pursuant to section 235(b) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232(b)) during further consideration of the 
     application for asylum.
       ``(4) Removal without further review if no substantiated 
     fear of persecution.--
       ``(A) In general.--Subject to subparagraph (C), if the 
     asylum officer determines that an

[[Page S5241]]

     alien does not have a substantiated fear of persecution, the 
     officer shall order the alien removed from the United States 
     without further hearing or review.
       ``(B) Record of determination.--The officer shall prepare a 
     written record of a determination under subparagraph (A), 
     which shall include--
       ``(i) a summary of the material facts as stated by the 
     applicant;
       ``(ii) such additional facts (if any) relied upon by the 
     officer;
       ``(iii) the officer's analysis of why, in light of such 
     facts, the alien has not established a substantiated fear of 
     persecution; and
       ``(iv) a copy of the officer's interview notes.
       ``(C) Review of determination.--
       ``(i) Rulemaking.--The Attorney General shall establish, by 
     regulation, a process by which an immigration judge will 
     conduct a prompt review, upon the alien's request, of a 
     determination under subparagraph (A) that the alien does not 
     have a substantiated fear of persecution.
       ``(ii) Mandatory components.--The review described in 
     clause (i)--

       ``(I) shall include an opportunity for the alien to be 
     heard and questioned by the immigration judge, either in 
     person or by telephonic or video connection; and
       ``(II) shall be conducted--

       ``(aa) as expeditiously as possible;
       ``(bb) within the 24-hour period beginning at the time the 
     asylum officer makes a determination under subparagraph (A), 
     to the maximum extent practicable; and
       ``(cc) in no case later than 7 days after such 
     determination.
       ``(D) Mandatory protective custody.--Any alien subject to 
     the procedures under this paragraph shall be held in the 
     custody of the Department of Homeland Security--
       ``(i) pending a final determination of substantiated fear 
     of persecution; and
       ``(ii) after a determination that the alien does not have 
     such a fear, until the alien is removed.
       ``(g) Limitation on Administrative Review.--
       ``(1) In general.--Except as provided in subsection 
     (f)(4)(C) and paragraph (2), a removal order entered in 
     accordance with subsection (e)(2) or (f)(4)(A) is not subject 
     to administrative appeal.
       ``(2) Rulemaking.--The Attorney General shall establish, by 
     regulation, a process for the prompt review of an order under 
     subsection (e)(2) against an alien who claims under oath, or 
     as permitted under penalty of perjury under section 1746 of 
     title 28, United States Code, after having been warned of the 
     penal ties for falsely making such claim under such 
     conditions to have been--
       ``(A) lawfully admitted for permanent residence;
       ``(B) admitted as a refugee under section 207; or
       ``(C) granted asylum under section 208.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 235A 
     the following:

``Sec. 235B. Humane and expedited inspection and screening for 
              unaccompanied alien children.''.

     SEC. _03. ASYLUM SEEKERS.

       (a) Refugee Defined.--Section 101(a)(42) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(42)) is amended--
       (1) in subparagraph (A), by striking ``because of 
     persecution or a well-founded fear of persecution on account 
     of'' and inserting ``the alien's life or freedom would be 
     threatened in that country because of the alien's''; and
       (2) in subparagraph (B), by striking ``who is persecuted or 
     who has a well-founded fear of persecution on account of'' 
     and inserting ``the person's life or freedom is threatened if 
     the person remains in that country because of the person's''.
       (b) Mandatory Detention.--Section 208(d) of the Immigration 
     and Nationality Act (8 U.S.C. 1158(d)) is amended by adding 
     at the end the following:
       ``(8) Detention.--The Secretary of Homeland Security shall 
     detain any alien seeking asylum under this section until the 
     alien--
       ``(A) is removed from the United States in accordance 
     with--
       ``(i) an order of removal issued in accordance with section 
     235(b)(1); or
       ``(ii) a final order of removal issued at the conclusion of 
     special removal proceedings conducted pursuant to section 
     240; or
       ``(B) granted asylum under subsection (b).''.

     SEC. _04. EXTENSION OF BAR TO REENTRY.

       Section 212(a)(9) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(9)) is amended--
       (1) in subparagraph (A)(i) by striking ``5 years'' and 
     inserting ``10 years''; and
       (2) in subparagraph (B)(i)(I), by striking ``3 years'' and 
     inserting ``10 years''.

     SEC. _05. REPORTING REQUIREMENT.

       The Secretary of Homeland Security shall submit an annual 
     report to Congress that identifies, for the previous 12-month 
     period--
       (1) the number of aliens unlawfully present in the United 
     States who were apprehended by, or placed in the physical 
     custody of, U.S. Border Patrol or U.S. Immigration and 
     Customs Enforcement;
       (2) the number of aliens described in paragraph (1) who 
     were deported from the United States pursuant to a final 
     order of removal;
       (3) the number of aliens described in paragraph (1) who 
     departed from the United States without an order of removal 
     (voluntary departures); and
       (4) the number of aliens who were granted refugee status or 
     asylum.
                                 ______
                                 
  SA 3737. Mr. VITTER 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 26, between lines 15 and 16, insert the following:

       TITLE VI--VERIFICATION OF STATUS FOR REMITTANCE TRANSFERS

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Remittance Status 
     Verification Act of 2014''.

     SEC. 602. STATUS VERIFICATION FOR REMITTANCE TRANSFERS.

       Section 919 of the Electronic Fund Transfer Act (relating 
     to remittance transfers) (12 U.S.C. 1692o-1) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Status Verification of Sender.--
       ``(1) Request for proof of status.--
       ``(A) In general.--Each remittance transfer provider shall 
     request from each sender of a remittance transfer, the 
     recipient of which is located in any country other than the 
     United States, proof of the status of that sender under the 
     immigration laws, prior to the initiation of the remittance 
     transfer.
       ``(B) Acceptable documentation.--Acceptable documentation 
     of the status of the sender under this paragraph--
       ``(i) shall be, in any State that requires proof of legal 
     residence--

       ``(I) a State-issued driver's license or Federal passport; 
     or
       ``(II) the same documentation as required--

       ``(aa) by the State for proof of identity for the issuance 
     of a driver's license;
       ``(bb) by the Department of State for a citizen to obtain a 
     Federal passport; or
       ``(cc) for a citizen of a foreign country to enter the 
     United States and obtain the relevant and necessary visa 
     issued by the Department of State for any foreign citizen 
     who--
       ``(AA) is a nonimmigrant; or
       ``(BB) has entered the United States temporarily for 
     business (visa category B-1), tourism, pleasure, or visiting 
     (visa category B-2), or a combination of both purposes (B-1/
     B-2);
       ``(ii) shall be, in any State that does not require proof 
     of legal residence, such documentation as the Bureau shall 
     require, by rule; and
       ``(iii) does not include any matricula consular card.
       ``(2) Fine for noncompliance.--Each remittance transfer 
     provider shall impose on any sender who is unable to provide 
     the proof of status requested under paragraph (1) at the time 
     of transfer, a fine equal to 7 percent of the United States 
     dollar amount to be transferred (excluding any fees or other 
     charges imposed by the remittance transfer provider).
       ``(3) Submission of fines to bureau.--All fines imposed and 
     collected by a remittance transfer provider under paragraph 
     (2) shall be submitted to the Bureau, in such form and in 
     such manner as the Bureau shall establish, by rule.
       ``(4) Administrative and enforcement costs.--The Bureau 
     shall use fines submitted under paragraph (3) to pay the 
     administrative and enforcement costs to the Bureau in 
     carrying out this subsection.
       ``(5) Use of fines for border protection.--Amounts from the 
     collection of fines under this subsection that remain 
     available after the payment of expenses described in 
     paragraph (4), shall be transferred by the Bureau to the 
     Treasury, to be used to pay expenses relating to United 
     States Customs and Border Protection for border security 
     fencing, infrastructure, and technology.
       ``(6) Definition relating to immigration status.--In this 
     subsection, the term `immigration laws' has the same meaning 
     as in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).''.

     SEC. 603. STUDY AND REPORT REGARDING REMITTANCE TRANSFER 
                   PROCESSING FINES AND IDENTIFICATION PROGRAM.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study to determine the effects of the 
     enactment of section 919(g) of the Electronic Fund Transfer 
     Act, as amended by this Act.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Banking, Housing, and Urban Affairs and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Financial Services of the 
     House of Representatives a report on the results of the study 
     conducted under paragraph (1) that includes--
       (1) an analysis of the costs and benefits of complying with 
     section 919(g) of the Electronic Fund Transfer Act, as 
     amended by this Act; and
       (2) recommendations about whether the fines imposed under 
     that section 919(g) should be extended or increased.
                                 ______
                                 
  SA 3738. Mr. PAUL submitted an amendment intended to be proposed by

[[Page S5242]]

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:

                CHAPTER 6--BORDER SECURITY ENHANCEMENTS

     SEC. 1601. MEASURES USED TO EVALUATE BORDER SECURITY.

       (a) Border Security Review.--
       (1) In general.--The Secretary shall conduct an annual 
     comprehensive review of the following:
       (A) The security conditions in each of the following 9 
     Border Patrol sectors along the Southwest border:
       (i) The Rio Grande Valley Sector.
       (ii) The Laredo Sector.
       (iii) The Del Rio Sector.
       (iv) The Big Bend Sector.
       (v) The El Paso Sector.
       (vi) The Tucson Sector.
       (vii) The Yuma Sector.
       (viii) The El Centro Sector.
       (ix) The San Diego Sector.
       (B) Update on the new and existing double layered fencing 
     built and in place, broken down on an annual basis since the 
     date of the enactment of the Secure Fence Act of 2006 (Public 
     Law 109-367), with the goal of completing the fence not later 
     than 5 years after the date of the enactment of this Act.
       (C) Progress towards the completion of an effective exit 
     and entry program at all points of entry that tracks visa 
     holders.
       (D) Progress towards the goal of a 95 percent apprehension 
     or turn back rate.
       (E) A 100 percent incarceration until trial rate for newly 
     captured illegal entrants and overstays.
       (F) Progress towards the goal ending of illegal 
     immigration, as measured by census data and the Department.
       (2) Report.--Not later than July 1, 2015, and annually 
     thereafter, the Secretary shall submit a report to Congress 
     containing specific results of the review conducted under 
     paragraph (1).
       (3) Rule of construction.--
       (A) In general.--Except as provided in subparagraph (B), 
     nothing in paragraph (1) may be construed as prohibiting the 
     Secretary from proposing--
       (i) alterations to boundaries of the Border Patrol sectors; 
     or
       (ii) a different number of sectors to be operated on the 
     Southern border.
       (B) Reporting.--The Secretary may not make any alteration 
     to the Border Patrol sectors in operation or the boundaries 
     of such sectors as of the date of the enactment of this Act 
     unless the Secretary submits, to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives, a written notification and description of 
     the proposed change not later than 120 days before any such 
     change would take effect.
       (b) Unqualified Opinion.--
       (1) In general.--The Secretary shall submit a report to 
     Congress that contains--
       (A) an unqualified opinion of whether each of the sectors 
     referred to in subsection (a)(1)(A) has achieved ``total 
     operational control'' of the border within its jurisdiction; 
     and
       (B) the following criteria and goals of the Department:
       (i) Transparent data relating to the success of border 
     security and immigration enforcement policies.
       (ii) Improved accountability to the people of the United 
     States.
       (iii) 100 percent surveillance capability on the border not 
     later than 2 years after the date of the enactment of this 
     Act.
       (iv) An apprehension or turn back rate of more than 95 
     percent not later than 5 years after the date of the 
     enactment of this Act.
       (v) Increasing annual targets for apprehensions, which 
     shall be adapted to the unique conditions of each Border 
     Patrol sector.
       (vi) Uniformity in data collection and analysis for each 
     Border Patrol sector.
       (vii) An update on the new and existing double layered 
     fencing built and in place, broken down on an annual basis 
     since the date of the enactment of the Secure Fence Act of 
     2006.
       (2) Total operational control defined.--In this chapter, 
     the term ``total operational control'', with respect to a 
     border sector, occurs if--
       (A) the fence construction requirements required under this 
     chapter have been completed;
       (B) the infrastructure enhancements required under this 
     chapter have been completed and deployed;
       (C) there has been verifiable increases in personnel 
     dedicated to patrols, inspections, and interdiction;
       (D) U.S. Customs and Border Protection has achieved 100 
     percent surveillance capacity throughout the entire sector;
       (E) U.S. Customs and Border Protection has achieved an 
     apprehension rate of at least 95 percent for all attempted 
     unauthorized crossings;
       (F) uniform data collection standards have been adopted 
     across all sectors; and
       (G) U.S. Customs and Border Protection is tracking the 
     exits of 100 percent of the visitors to the United States 
     visitors through land points of entry.
       (3) Metrics described.--The Secretary shall use specific 
     metrics to assess the progress toward, and maintenance of, 
     total operational control of the border in each Border Patrol 
     sector, including--
       (A) with respect to resources and infrastructure--
       (i) a description of the infrastructure and resources 
     deployed on the Southwest border, including physical barriers 
     and fencing, surveillance cameras, motion and other ground 
     sensors, aerial platforms, and unmanned aerial vehicles;
       (ii) an assessment of the Border Patrol's ability to 
     perform uninterrupted surveillance on the entirety of the 
     border within each sector;
       (iii) an assessment of whether the Department of Homeland 
     Security has attained a 100 percent surveillance capability 
     for each sector; and
       (iv) a specific analysis detailing the miles of fence 
     built, including double-layered fencing, pursuant to the 
     Secure Fence Act of 2006 (Public Law 109-367), as amended by 
     this chapter.
       (B) with respect to illegal entries between ports--
       (i) the number of attempted illegal entries, categorized 
     by--

       (I) number of apprehensions;
       (II) people turned back to country of origin (turn-backs); 
     and
       (III) individuals who have escaped (got aways);

       (ii) the number of apprehensions, including data on unique 
     apprehensions to capture individuals who attempted to enter 
     multiple times;
       (iii) the apprehension rate as a percentage of total 
     attempted illegal entries;
       (iv) an estimate of the number of successful illegal 
     entries, based on reliable supporting evidence;
       (v) the prevalence of drug and contraband smuggling, 
     categorized by--

       (I) the frequency of attempted crossings;
       (II) successful evasions of law enforcement;
       (III) the value of smuggled contraband;
       (IV) successful discoveries and arrests; and
       (V) arrest rate trends related to violent criminals 
     crossing the border;

       (vi) physical evidence of crossings not otherwise tied to a 
     pursuit, including fence-cuttings; and
       (vii) transparent data that reports if the numbers include 
     actual physical capture or turn-backs witnessed by border 
     control and a segregation of data that includes evidence of 
     individuals going back, including but not limited to 
     footprints, food and torn clothing;
       (C) with respect to illegal entries at ports--
       (i) the number of attempted illegal entries, categorized by 
     the number of apprehensions, turn-backs, and got aways;
       (ii) the number of apprehensions, including data on unique 
     apprehensions to capture individuals who attempt to enter 
     multiple times;
       (iii) the apprehension rate as a percentage of total 
     attempted illegal entries;
       (iv) an estimate of the number of successful illegal 
     entries, based on reliable supporting evidence; and
       (v) the prevalence of drug and contraband smuggling, 
     categorized by--

       (I) the frequency of attempted entries;
       (II) successful discovery methods;
       (III) the use of falsified official travel documents;
       (IV) evolving evasion tactics; and
       (V) arrest rate trends related to persons apprehended 
     attempting to smuggle prohibited items;

       (D) with respect to repeat offenders, data and analysis of 
     recidivism trends, including the prevalence of multiple 
     arrests and repeated attempts to enter illegally;
       (E) with respect to smuggling--
       (i) updated information on U.S. Customs and Border 
     Protection's Consequence Delivery System;
       (ii) progress made in creating uniformity in the punishment 
     of unlawful border crossers relative to their crimes for the 
     purposes of deterring smuggling;
       (iii) the percentage of unlawful immigrants and smugglers 
     who are subject to a uniform punishment; and
       (iv) data breaking down the treatment of, and consequences 
     for, repeat offenders to determine the extent to which the 
     Consequence Delivery System serves as an effective deterrent;
       (F) with respect to visa overstays, data for each year, 
     categorized by the type of visa issued to the alien;
       (G) with respect to the unlawful presence of aliens--
       (i) the total number of individuals present in the United 
     States, which will be correlated in future years with 
     normalization participants;
       (ii) net migration into the United States, including legal 
     and illegal immigrants;
       (iii) deportation data, categorized by country and the 
     nature of apprehension;
       (iv) individuals who have obtained or who seek legal 
     status; and
       (v) individuals without legal status who have died while in 
     the United States;
       (H) the number of Department agents deployed to the border 
     each year, categorized by staffing assignment and security 
     function;
       (I) progress made on the implementation of a full exit 
     tracking capabilities for land, sea, and air points of entry;
       (J) progress towards the goal of 100 percent incarceration 
     until trial rate for newly captured illegal entrants and 
     overstays; and

[[Page S5243]]

       (K) progress towards the goal ending of illegal 
     immigration, as measured by data collected by the United 
     States Census Bureau and the Department.

     SEC. 1602. REPORTS ON BORDER SECURITY.

       (a) Department of Homeland Security Report.--
       (1) In general.--Not later than October 1, 2014, and 
     annually thereafter for 5 years, the Secretary shall submit a 
     report to Congress that contains a comprehensive review of 
     the security conditions in each of the Border Patrol sectors 
     along the Southwest border.
       (2) Public hearings for report.--Congress shall hold public 
     hearings with the Secretary and other individuals responsible 
     for preparing the report submitted under paragraph (1) to 
     discuss the report and educate the United States public on 
     border security from the perspective of such officials. 
     Congress shall allow differing views on the conclusions of 
     the report to be expressed by outside groups and interested 
     parties for purposes of analyzing data through a transparent 
     and deliberative committee process.
       (b) Inspector General's Report.--
       (1) In general.--Not later than 30 days after the issuance 
     of each report under subsection (a), the Inspector General of 
     the Department shall submit a report to Congress that 
     provides an independent analysis of the report submitted 
     under subsection (a)(1) to analyze--
       (A) the accuracy of the report; and
       (B) the validity of the data used by the Department to 
     issue the report.
       (2) Participation.--The Inspector General should 
     participate in any hearings relating to the assessment of the 
     border security report of the Department.
       (c) Governors Reports.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter for 5 
     years, the Governor of each of the States along the Southern 
     border may submit an independent report to Congress that 
     provides the perspective of the Governor and other officials 
     of such State tasked to law enforcement on the security 
     conditions along that State's border with Mexico.
       (2) Public hearings for state reports.--Congress shall hold 
     public hearings with the Governor and other officials from 
     each State that submits a report under paragraph (1) to 
     discuss the report and educate the United States public on 
     border security from the perspective of such officials.
       (d) Public Disclosure of Reports.--Upon the receipt of a 
     report submitted under this section, the Senate and the House 
     of Representatives shall--
       (1) provide copies of the report to the Chair and ranking 
     member of each standing committee with jurisdiction under the 
     rules of such House, the Speaker of the House of 
     Representatives, the Minority Leader of the House of 
     Representatives, the Majority Leader of the Senate, and the 
     Minority Leader of the Senate; and
       (2) make the report available to the public.

     SEC. 1603. REQUIREMENT FOR PHYSICAL BORDER FENCE 
                   CONSTRUCTION.

       (a) Construction of Border Fencing.--Using funds made 
     available to the Secretary under this Act, and except as 
     provided under subsection (d), the Secretary shall construct 
     not fewer than 140 miles of double-layer fencing on the 
     Southern border during each 1-year period beginning on the 
     date of the enactment of this Act.
       (b) Certification.--Except as provided in subsection (d), 
     not later than 1 year after the date of the enactment of this 
     Act, and annually thereafter, the Secretary shall submit a 
     written certification that construction of not fewer than 140 
     miles of double-layer fencing has been completed in the 
     preceding year to--
       (1) the Committee on the Judiciary of the Senate;
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (3) the Committee on the Judiciary of the House of 
     Representatives; and
       (4) the Committee on Homeland Security of the House of 
     Representatives.
       (c) Determination of Miles of Fencing Constructed.--
       (1) Included items.--In determining the number of fencing 
     miles constructed in the preceding year, the Secretary may 
     apply, toward the requirement under subsection (a), the 
     number of miles of--
       (A) new double-layer fencing that have been completed; and
       (B) a second fencing layer that has been added to an 
     existing, single-layered fence.
       (2) Excluded items.--In determining the number of fencing 
     miles constructed in the preceding year, the Secretary may 
     not apply, toward the requirement in subsection (a)--
       (A) vehicle barriers;
       (B) ground sensors;
       (C) motion detectors;
       (D) radar-based surveillance;
       (E) thermal imaging;
       (F) aerial surveillance platforms;
       (G) observation towers;
       (H) motorized or nonmotorized ground patrols;
       (I) existing single-layer fencing; or
       (J) new construction of single-layer fencing.
       (d) Sunset.--The Secretary shall no longer be required to 
     comply with the requirements under subsection (a) and (b) on 
     the earliest of--
       (1) the date on which the Secretary submits the 5th 
     affirmative certification pursuant to subsection (b); or
       (2) the date on which the Secretary certifies the 
     completion of not fewer than 700 miles of double-layer 
     fencing on the Southern border.
       (e) Conforming Amendment.--Section 102(b)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note) is amended by striking subparagraph (D).

     SEC. 1604. ONE HUNDRED PERCENT EXIT TRACKING FOR ALL UNITED 
                   STATES VISITORS.

       (a) Findings.--Congress makes the following findings:
       (1) Consistent with the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996, the United States will 
     continue its progress toward full biometric entry-exit 
     capture capability at land, air, and sea points of entry.
       (2) No capability exits to fully track whether non-United 
     States persons in the United States on a temporary basis have 
     exited the country consistent with the terms of their visa, 
     whether by land, sea, or air.
       (3) No program exists along the Southwest border to track 
     land exits from the United States into Mexico.
       (4) Without the ability to capture the full cycle of a 
     visitor's trip to and from the United States, it is possible 
     for persons to remain in the United States unlawfully for 
     years without detection by U.S. Immigration and Customs 
     Enforcement.
       (5) Because there is no exit tracking capability, there is 
     insufficient data for an official assessment of the number of 
     persons who have overstayed a visa and that remain in the 
     United States. Studies have estimated that as many as 40 
     percent of all persons in the United States without lawful 
     immigration status entered the country legally and did not 
     return to their country of origin or follow the terms of 
     their entry.
       (6) Despite a legal mandate to track visitor exits, more 
     than a decade without any significant capability to do so 
     has--
       (A) degraded the Federal Government's ability to enforce 
     immigration laws;
       (B) placed a greater strain on law enforcement resources; 
     and
       (C) undermined the legal immigration process in the United 
     States.
       (b) Requirement for Outbound Travel Document Capture at 
     Land Points of Entry.--
       (1) Outbound travel document capture at foot crossings.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary shall establish a 
     mandatory exit data system for all outbound lanes at each 
     land point of entry along the Southern border that is only 
     accessible to individuals on foot or by nonmotorized means.
       (B) Data collection requirements.--The system established 
     under subparagraph (A) shall require the collection of data 
     from machine-readable visas, passports, and other travel and 
     entry documents for all categories of aliens who are exiting 
     the United States through an outbound lane described in 
     subparagraph (A).
       (2) Outbound travel document capture at all other land 
     points of entry.--
       (A) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary shall establish a 
     mandatory exit data system at all outbound lanes not subject 
     to paragraph (1) at each land point of entry along the 
     Southern border.
       (B) Data collection requirements.--The system established 
     under subparagraph (A) shall require the collection of data 
     from machine-readable visas, passports, and other travel and 
     entry documents for all categories of aliens who are exiting 
     the United States through an outbound lane described in 
     subparagraph (A).
       (3) Information required for collection.--While collecting 
     information under paragraphs (1) and (2), the Secretary shall 
     collect identity-theft resistant departure information from 
     the machine-readable visas, passports, and other travel and 
     entry documents.
       (4) Recording of exits and correlation to entry data.--The 
     Secretary shall integrate the records collected under 
     paragraphs (1) and (2) into any database necessary to 
     correlate an alien's entry and exit data.
       (5) Processing of records.--Before the departure of 
     outbound aliens at each point of entry, the Secretary shall 
     provide for cross-reference capability between databases 
     designated by the Secretary under paragraph (4) to determine 
     and record whether an outbound alien has been in the United 
     States without lawful immigration status.
       (6) Records inclusion requirements.--The Secretary shall 
     maintain readily accessible entry-exit data records for 
     immigration and other law enforcement and improve immigration 
     control and enforcement by including information necessary to 
     determine whether an outbound alien without lawful presence 
     in the United States entered the country through--
       (A) unauthorized entry between points of entry;
       (B) visa or other temporary authorized status;
       (C) fraudulent travel documents;
       (D) misrepresentation of identity; or
       (E) any other method of entry.
       (7) Prohibition on collecting exit records for united 
     states citizens.--
       (A) Prohibition.--While documenting the departure of 
     outbound individuals at each point of entry along the 
     Southern border, the Secretary may not--

[[Page S5244]]

       (i) process travel documents of United States citizens;
       (ii) log, store, or transfer exit data for United States 
     citizens;
       (iii) create, maintain, operate, access, or support any 
     database containing information collected through outbound 
     processing at a point of entry under paragraph (1) or (2) 
     that contains records identifiable to an individual United 
     States citizen.
       (B) Exception.--The prohibition set forth in subparagraph 
     (A) does not apply to the records of an individual if an 
     officer processing travel documentation in the outbound lanes 
     at a point of entry along the Southern border--
       (i) has a strong suspicion that the individual has engaged 
     in criminal or other prohibited activities; or
       (ii) needs to verify an individual's identity because the 
     individual is attempting to exit the United States without 
     approved travel documentation.
       (C) Verification of travel documents.--Subject to the 
     prohibition set forth in subparagraph (A), the Secretary may 
     provide for the confirmation of a United States citizen's 
     approved travel documentation validity in the outbound lanes 
     at a point of entry along the Southern border.
       (c) Infrastructure Improvements at Land Points of Entry.--
       (1) Facilitation of land exit tracking.--The Secretary may 
     improve the infrastructure at, or adjacent to, land points of 
     entry, as necessary, to implement the requirements under 
     paragraphs (1) and (2) of subsection (b), by--
       (A) expanding or reconfiguring outbound road or bridge 
     lanes within a point of entry;
       (B) improving or reconfiguring public roads or other 
     transportation infrastructure leading into, or adjacent to, 
     the outbound lanes at a point of entry if--
       (i) there has been a demonstrated negative impact on 
     transportation in the area adjacent to a point of entry as a 
     result of projects carried out under this section; or
       (ii) the Secretary, in consultation with State, local, or 
     tribal officials responsible for transportation adjacent to a 
     point of entry, has submitted a report to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives that projects proposed under this section 
     will have a significant negative impact on transportation 
     adjacent to a point of entry without such transportation 
     infrastructure improvements; and
       (iii) the total of funds obligated in any year to meet the 
     requirements of subsection (b)(1)(B) shall not exceed 25 
     percent of the total funds obligated to meet the requirements 
     under paragraphs (1) and (2) of subsection (b) in the same 
     year;
       (C) where possible, construction of, expansion of, or 
     improvement of access to secondary inspection areas;
       (D) physical structures to accommodate inspections and 
     processing travel documents described in subsection (b)(3) 
     for outbound aliens, including booths or kiosks at exit 
     lanes;
       (E) transfer, installation, use, and maintenance of 
     computers, software or other network infrastructure to 
     facilitate capture and processing of travel documents 
     described in subsection (b)(3) for all outbound aliens; and
       (F) performance of outbound inspections outside of 
     secondary inspection areas at a point of entry to detect 
     suspicious activity or contraband.
       (2) Report on infrastructure requirements to carry out 100 
     percent land exit tracking.--Not later than 45 days after the 
     date of the enactment of this Act, the Secretary shall 
     submit, to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives, a report 
     that assesses the infrastructure needs for each point of 
     entry along the Southern border to fulfill the requirements 
     under subsection (b), including--
       (A) a description of anticipated infrastructure needs 
     within each point of entry;
       (B) a description of anticipated infrastructure needs 
     adjacent to each point of entry;
       (C) an assessment of the availability of secondary 
     inspection areas at each point of entry;
       (D) an assessment of space available at or adjacent to a 
     point of entry to perform processing of outbound aliens; and
       (E) an assessment of the infrastructure demands relative to 
     the volume of outbound crossings for each point of entry.
       (d) Procedures for Exit Processing and Inspection.--
       (1) Individuals subject to outbound secondary inspection.--
     Officers performing outbound inspection or processing travel 
     documents may send an outbound individual to a secondary 
     inspection area for further inspection and processing if the 
     individual is--
       (A) determined or suspected to have been in the United 
     States without lawful status during processing under 
     subsection (b) or at another point during the exit process;
       (B) found to be subject to an outstanding arrest warrant;
       (C) suspected of engaging in prohibited activities at the 
     point of entry;
       (D) traveling without approved travel documentation; or
       (E) subject to any random outbound inspection procedures, 
     as determined by the Secretary.
       (2) Limitations on outbound secondary inspections.--The 
     Secretary may not designate an outbound United States citizen 
     for secondary inspection or collect biometric information 
     from a United States citizen under outbound inspection 
     procedures unless criminal or other prohibited activity has 
     been detected or is strongly suspected.
       (3) Outbound processing of persons in the united states 
     without lawful presence.--
       (A) Process for recording unlawful presence.--If the 
     Secretary determines, at a point of entry along the Southern 
     border, that an outbound alien has been in the United States 
     without lawful presence, the Secretary shall--
       (i) collect and record biometric data from the individual;
       (ii) combine data related to the individual's unlawful 
     presence with any other information related to the individual 
     in the interoperable database, in accordance with paragraphs 
     (4) and (5) of subsection (b); and
       (iii) except as provided in clause (ii), permit the 
     individual to exit the United States.
       (B) Exception.--An individual shall not be permitted to 
     leave the United States if, during outbound inspection, the 
     Secretary detects previous unresolved criminal activity by 
     the individual.

     SEC. 1605. RULE OF CONSTRUCTION.

       Nothing in this chapter, or in the amendments made by this 
     chapter, may be construed as replacing or repealing the 
     requirements for biometric entry-exit capture required under 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (division C of Public Law 104-208).
                                 ______
                                 
  SA 3739. Mr. PAUL 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. ENSURING THAT REFUGEES, ASYLEES, AND OTHER ALIENS 
                   ARE NOT DEPENDENT ON WELFARE.

       (a) Ineligible Person Defined.--In this section, the term 
     ``ineligible person'' means a noncitizen who--
       (1) is in the custody of the Federal Government on the 
     basis of a violation of immigration law;
       (2) is subject to a removal order; or
       (3) is not otherwise eligible for permanent residency in 
     the United States under the Immigration and Nationality Act 
     (8 U.S.C. 1101 et seq.).
       (b) No Access to Welfare.--Notwithstanding any other 
     provision of law, an ineligible person is not eligible for 
     any of the following:
       (1) Any assistance or benefits provided under a State 
     program funded under the temporary assistance for needy 
     families program under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.).
       (2) Any medical assistance provided under a State Medicaid 
     plan under title XIX of the Social Security Act (42 U.S.C. 
     1396 et seq.) or under a waiver of such plan, other than 
     emergency medical assistance provided under paragraphs (2) 
     and (3) of section 1903(v), and any child health assistance 
     provided under a State child health plan under title XXI of 
     the Social Security Act (42 U.S.C. 1397aa et seq.) or under a 
     waiver of such plan.
       (3) Any benefits or assistance provided under the 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
       (4) Supplemental security income benefits provided under 
     title XVI of the Social Security Act (42 U.S.C. 1381).
       (5) Federal Pell Grants under section 401 of the Higher 
     Education Act of 1965 (20 U.S.C. 1070a).
       (6) Housing vouchers under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f).
       (7) Federal old-age, survivors, and disability insurance 
     benefits under title II of the Social Security Act (42 U.S.C. 
     401 et seq.).
       (8) Health insurance benefits for the aged and disabled 
     under the medicare program established under title XVIII of 
     the Social Security Act (42 U.S.C. 1395 et seq.).
       (9) Assistance or benefits provided under the program of 
     block grants to States for social services under subtitle A 
     of title XX of the Social Security Act (42 U.S.C. 1397 et 
     seq.).
       (c) No Welfare for Refugees or Asylees After 1 Year of Date 
     of Admission.--Notwithstanding any other provision of law, an 
     alien admitted to the United States as a refugee under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157) or granted asylum under section 208 of such Act (8 
     U.S.C. 1158) shall not be eligible for any assistance or 
     benefits described in paragraphs (1) through (8) of 
     subsection (b), and shall not be allowed the earned income 
     tax credit under section 32 of the Internal Revenue Code of 
     1986, after the date that is 1 year after the date on which 
     the alien is so admitted or granted asylum.
       (d) No Citizenship for Aliens Who Apply for and Receive 
     Welfare.--Any alien, refugee, asylee, nonimmigrant admitted 
     to the United States under a permanent or temporary visa, or 
     ineligible person who is prohibited under this section or any 
     other provision of law from applying for, or receiving, 
     assistance or benefits described in subsection (b) or from 
     claiming the earned income tax

[[Page S5245]]

     credit allowed under section 32 of the Internal Revenue Code 
     of 1986, or any other credit allowed under subpart C of part 
     IV of subchapter A of chapter 1 of such Code, and who applies 
     for and receives any such assistance or benefits, or who 
     claims and is allowed any such credit, shall be permanently 
     prohibited from becoming naturalized as a citizen of the 
     United States.
       (e) Enforcement.--
       (1) State defined.--In this subsection, the term ``State'' 
     means each of the 50 States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, the Commonwealth of the Northern Mariana 
     Islands, and American Samoa.
       (2) Requirement.--Each State shall implement the 
     verification procedures listed in paragraph (5) to prevent 
     noncitizens from receiving the assistance or benefits 
     described in subsection (b) and from being allowed the earned 
     income tax credit under section 32 of the Internal Revenue 
     Code of 1986. To the extent that the State is not responsible 
     for the administration of such assistance, benefits, or tax 
     credit, the procedures implemented by the State shall be 
     designed to assist the head of the Federal agency responsible 
     for administering such assistance, benefits, or tax credit in 
     ensuring that noncitizens do not receive the assistance, 
     benefits, or tax credit.
       (3) Penalty.--
       (A) In general.--Notwithstanding any other provision of 
     law, with respect to a State, each head of the Federal agency 
     responsible for administering a Federal means-tested benefit 
     program listed in paragraph (4) shall reduce the annual 
     amount of federal financial payments that would otherwise be 
     made to the State under the program by 10 percent, beginning 
     with the payments for fiscal year 2015.
       (B) The reduction under subparagraph (A) shall not apply 
     with respect to any fiscal year that begins after the date on 
     which the State certifies to the Secretary of the Homeland 
     Security that the State has complied with paragraph (2).
       (4) Federal means-tested benefit programs.--The Federal 
     means-tested benefit programs listed in this paragraph are 
     the following:
       (A) The temporary assistance for needy families program 
     under part A of title IV of the Social Security Act (42 
     U.S.C. 601 et seq.).
       (B) The Medicaid program under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.).
       (C) The State children's health insurance program under 
     title XXI of the Social Security Act (42 U.S.C. 1397aa et 
     seq.).
       (D) The supplemental nutrition assistance program 
     established under the Food and Nutrition Act of 2008 (7 
     U.S.C. 2011 et seq.).
       (E) The program of block grants to States for social 
     services under subtitle A of title XX of the Social Security 
     Act (42 U.S.C. 1397 et seq.).
       (5) Verification procedures.--The verification procedures 
     listed in this paragraph are the following:
       (A) Requiring proof of citizenship as a condition for 
     receipt of assistance or benefits under the Federal means-
     tested benefit programs listed in paragraph (4).
       (B) Verifying the proof of citizenship provided as a 
     condition for receipt of assistance or benefits under the 
     Federal means-tested benefit programs listed in paragraph 
     (4), including by using the Systematic Alien Verification for 
     Entitlements Program of U.S. Citizenship and Immigration 
     Services to confirm that an individual who has presented 
     proof of citizenship as a condition for receipt of assistance 
     or benefits under a Federal means-tested benefit program 
     listed in paragraph (4) is not an alien.
       (C) Requiring officers and employees of State agencies that 
     administer a Federal means-tested benefit program listed in 
     paragraph (4) to report to the Secretary of Homeland Security 
     any suspicious or fraudulent identity information provided by 
     an individual applying for assistance or benefits.
       (6) Miscellaneous provisions.--
       (A) Nonapplicability of the privacy act.--Notwithstanding 
     any other provision of law, section 552a of title 5, United 
     States Code (commonly referred to as the ``Privacy Act'') may 
     not be construed as prohibiting an officer or employee of a 
     State from verifying a claim of citizenship for purposes of 
     eligibility for assistance or benefits under a Federal means-
     tested benefit program listed in paragraph (4).
       (B) Inclusion of certain persons in save.--Not later than 
     30 days after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall certify that the 
     Systematic Alien Verification for Entitlements Program of 
     U.S. Citizenship and Immigration Services has the ability to 
     establish verifiable ineligibility for any Federal means-
     tested benefit program listed in paragraph (4) for any 
     ineligible person.
                                 ______
                                 
  SA 3740. Mr. KIRK 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 XII, add the following:

     SEC. 1247. EXTENSION OF ANNUAL REPORTS ON THE MILITARY POWER 
                   OF IRAN.

       Section 1245(d) of the National Defense Authorization Act 
     for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2544) is 
     amended by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''.
                                 ______
                                 
  SA 3741. Mr. KIRK (for himself, Mr. Manchin, Mr. Durbin, and Ms. 
Warren) 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 H of title X, add the following:

     SEC. 1087. OBSERVANCE OF VETERANS DAY.

       (a) Two Minutes of Silence.--Chapter 1 of title 36, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 145. Veterans Day

       ``The President shall issue each year a proclamation 
     calling on the people of the United States to observe two 
     minutes of silence on Veterans Day in honor of the service 
     and sacrifice of veterans throughout the history of the 
     Nation, beginning at--
       ``(1) 3:11 p.m. Atlantic standard time;
       ``(2) 2:11 p.m. eastern standard time;
       ``(3) 1:11 p.m. central standard time;
       ``(4) 12:11 p.m. mountain standard time;
       ``(5) 11:11 a.m. Pacific standard time;
       ``(6) 10:11 a.m. Alaska standard time; and
       ``(7) 9:11 a.m. Hawaii-Aleutian standard time.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     1 of title 36, United States Code, is amended by adding at 
     the end the following new item:

``145. Veterans Day.''.
                                 ______
                                 
  SA 3742. Mr. McCAIN (for himself and Mr. Flake) 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:

              CHAPTER 6--PREVENTION OF ORGANIZED SMUGGLING

     SEC. 1601. SHORT TITLE.

       This chapter may be cited as the ``Children Returning on an 
     Expedited and Safe Timeline Act'' or the ``CREST Act''.

     SEC. 1602. DEFINED TERM.

       For purposes of this chapter, the term ``unaccompanied 
     alien child'' means an alien who--
       (1) has no lawful immigration status in the United States;
       (2) has not attained 18 years of age; and
       (3) attempts to enter or has entered the United States 
     unaccompanied by a parent or legal guardian.

     SEC. 1603. REDUCING THE NUMBER OF UNACCOMPANIED ALIEN 
                   CHILDREN FROM EL SALVADOR, GUATEMALA, AND 
                   HONDURAS.

       (a) Restrictions on Foreign Aid to Certain Countries.--
       (1) Initial certification.--Beginning on the date that is 6 
     months after the date of the enactment of this Act, the 
     Federal Government shall not provide any non-security 
     assistance to El Salvador, Guatemala, or Honduras until the 
     President certifies that the government of El Salvador, of 
     Guatemala, or of Honduras, respectively is--
       (A) actively working to reduce the number of unaccompanied 
     alien children from such country who are attempting to 
     migrate northward in order to illegally enter the United 
     States; and
       (B) cooperating with the Government of the United States to 
     facilitate the repatriation of unaccompanied alien children 
     who are removed from the United States and returned to their 
     country of origin.
       (2) Subsequent certifications.--The restriction under 
     paragraph (1) shall take effect beginning on the date that is 
     1 year after the President issued the latest certification in 
     accordance with paragraph (1) unless the President 
     recertifies that the governments referred to in paragraph (1) 
     are meeting the requirements set forth in subparagraphs (A) 
     and (B) of such paragraph.
       (b) In-Country Refugee Processing.--
       (1) In general.--Notwithstanding section 101(a)(42)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(42)(B)), the Secretary of State, in consultation with 
     the Secretary of Homeland Security and the Director of the 
     Office of Refugee Resettlement of the Department of Health 
     and Human Services, shall carry out in-country processing of 
     refugee applications in El Salvador, Guatemala, and Honduras.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     paragraph (1).

     SEC. 1604. INCREASING THE NUMBER OF REFUGEE ADMISSIONS FROM 
                   CERTAIN COUNTRIES.

       (a) In General.--Notwithstanding any other provision of 
     law, the President, in determining the number of refugees who 
     may

[[Page S5246]]

     be admitted under section 207(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1157(a)) for fiscal years 2014 and 
     2015, shall authorize the admission, in each such fiscal 
     year, of--
       (1) up to 5,000 refugees from El Salvador;
       (2) up to 5,000 refugees from Guatemala; and
       (3) up to 5,000 refugees from Honduras.

     SEC. 1605. PREVENTING ORGANIZED SMUGGLING.

       (a) Unlawfully Hindering Immigration, Border, or Customs 
     Controls.--
       (1) Amendment to title 18, united states code.--
       (A) In general.--Chapter 27 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 556. Unlawfully hindering immigration, border, or 
       customs controls

       ``(a) Illicit Spotting.--Any person who knowingly transmits 
     to another person the location, movement, or activities of 
     any Federal, State, or tribal law enforcement agency with the 
     intent to further a Federal crime relating to United States 
     immigration, customs, controlled substances, agriculture, 
     monetary instruments, or other border controls shall be fined 
     under title 18, United States Code, imprisoned not more than 
     10 years, or both.
       ``(b) Destruction of United States Border Controls.--Any 
     person who knowingly and without lawful authorization 
     destroys, alters, or damages any fence, barrier, sensor, 
     camera, or other physical or electronic device deployed by 
     the Federal Government to control the border or a port of 
     entry, or otherwise seeks to construct, excavate, or make any 
     structure intended to defeat, circumvent or evade any such 
     fence, barrier, sensor camera, or other physical or 
     electronic device deployed by the Federal Government to 
     control the border or a port of entry--
       ``(1) shall be fined under title 18, United States Code, 
     imprisoned not more than 10 years, or both; and
       ``(2) if, at the time of the offense, the person uses or 
     carries a firearm or, in furtherance of any such crime, 
     possesses a firearm, shall be fined under title 18, United 
     States Code, imprisoned not more than 20 years, or both.
       ``(c) Conspiracy and Attempt.--Any person who attempts or 
     conspires to violate subsection (a) or (b) shall be punished 
     in the same manner as a person who completes a violation of 
     such subsection.''.
       (B) Clerical amendment.--The table of sections for chapter 
     27 of title 18, United States Code, is amended by inserting 
     after the item relating to section 555 the following:

``556. Unlawfully hindering immigration, border, or customs 
              controls.''.

       (2) Penalty for carrying or use of a firearm during and in 
     relation to an alien smuggling crime.--Section 924(c) of 
     title 18, United States Code, is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``, alien smuggling 
     crime,'' after ``crime of violence'' each place such term 
     appears; and
       (ii) in subparagraph (D)(ii), by inserting ``, alien 
     smuggling crime,'' after ``crime of violence''; and
       (B) by adding at the end the following:
       ``(6) For purposes of this subsection, the term `alien 
     smuggling crime' means any felony punishable under section 
     274(a), 277, or 278 of the Immigration and Nationality Act (8 
     U.S.C. 1324(a), 1327, and 1328).''.
       (3) Statute of limitations.--Section 3298 of title 18, 
     United States Code, is amended by striking ``or under'' and 
     inserting ``, under section 2 or subsection (a), (b), or (c) 
     of section 556, or under''.
       (b) Organized Human Smuggling.--
       (1) Amendment to title 18, united states code.--Chapter 77 
     of title 18, United States Code, is amended by adding at the 
     end the following:

     ``Sec. 1598. Organized human smuggling

       ``(a) Prohibited Activities.--It shall be unlawful for any 
     person, while acting for profit or other financial gain, to 
     knowingly direct or participate in an effort or scheme to 
     assist or cause 5 or more persons--
       ``(1) to enter, attempt to enter, or prepare to enter the 
     United States--
       ``(A) by fraud, falsehood, or other corrupt means;
       ``(B) at any place other than a port or place of entry 
     designated by the Secretary of Homeland Security; or
       ``(C) in a manner not prescribed by the immigration laws 
     and regulations of the United States;
       ``(2) to travel by air, land, or sea toward the United 
     States (whether directly or indirectly)--
       ``(A) knowing that the persons seek to enter or attempt to 
     enter the United States without lawful authority; and
       ``(B) with the intent to aid or further such entry or 
     attempted entry; or
       ``(3) to be transported or moved outside of the United 
     States--
       ``(A) knowing that such persons are aliens in unlawful 
     transit from 1 country to another or on the high seas; and
       ``(B) under circumstances in which the persons are seeking 
     to enter the United States without official permission or 
     legal authority.
       ``(b) Conspiracy and Attempt.--Any person who attempts or 
     conspires to violate subsection (a) shall be punished in the 
     same manner as a person who completes a violation of such 
     subsection.
       ``(c) Base Penalty.--Except as provided in subsection (d), 
     any person who violates subsection (a) or (b) shall be fined 
     under this title, imprisoned for not more than 20 years, or 
     both.
       ``(d) Enhanced Penalties.--Any person who violates 
     subsection (a) or (b)--
       ``(1) in the case of a violation during and in relation to 
     which a serious bodily injury (as defined in section 1365) 
     occurs to any person, shall be fined under this title, 
     imprisoned for not more than 30 years, or both;
       ``(2) in the case of a violation during and in relation to 
     which the life of any person is placed in jeopardy, shall be 
     fined under this title, imprisoned for not more than 30 
     years, or both;
       ``(3) in the case of a violation involving 10 or more 
     persons, shall be fined under this title, imprisoned for not 
     more than 30 years, or both;
       ``(4) in the case of a violation involving the bribery or 
     corruption of a United States or foreign government official, 
     shall be fined under this title, imprisoned for not more than 
     30 years, or both;
       ``(5) in the case of a violation involving robbery or 
     extortion (as such terms are defined in paragraph (1) or (2), 
     respectively, of section 1951(b)), shall be fined under this 
     title, imprisoned for not more than 30 years, or both;
       ``(6) in the case of a violation during and in relation to 
     which any person is subjected to an involuntary sexual act 
     (as defined in section 2246(2)), shall be fined under this 
     title, imprisoned for not fewer than 5 years and not more 
     than 30 years, or both;
       ``(7) in the case of a violation resulting in the death of 
     any person, shall be fined under this title, imprisoned for 
     not fewer than 5 years and up to life, or both;
       ``(8) in the case of a violation in which any alien is 
     confined or restrained, including by the taking of clothing, 
     goods, or personal identification documents, shall be fined 
     under this title, imprisoned not fewer than 5 years and not 
     more than 10 years, or both; and
       ``(9) in the case of smuggling an unaccompanied alien child 
     (as defined in section 462(g)(2) of the Homeland Security Act 
     of 2002 (6 U.S.C. 279(g)(2))), shall be fined under this 
     title or imprisoned not more than 20 years.
       ``(e) Definitions.--In this section:
       ``(1) Effort or scheme.--The term `effort or scheme to 
     assist or cause 5 or more persons' does not require that the 
     5 or more persons enter, attempt to enter, prepare to enter, 
     or travel at the same time if such acts are completed during 
     a 1-year period.
       ``(2) Lawful authority.--The term `lawful authority'--
       ``(A) means permission, authorization, or license that is 
     expressly provided for under the immigration laws of the 
     United States; and
       ``(B) does not include--
       ``(i) any authority described in subparagraph (A) that was 
     secured by fraud or otherwise unlawfully obtained; or
       ``(ii) any authority that was sought, but not approved.''.
       (2) Clerical amendment.--The table of sections for chapter 
     77 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1597 the following:

``1598. Organized human smuggling.''.

       (c) Strategy To Combat Human Smuggling.--
       (1) Defined term.--In this subsection, the term ``high 
     traffic areas of human smuggling'' means the United States 
     ports of entry and areas between such ports that have the 
     most human smuggling activity, as measured by U.S. Customs 
     and Border Protection.
       (2) Implementation.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall implement a strategy to deter, detect, and 
     interdict human smuggling across the international land and 
     maritime borders of the United States.
       (3) Components.--The strategy referred to in paragraph (2) 
     shall include--
       (A) efforts to increase coordination between the border and 
     maritime security components of the Department of Homeland 
     Security;
       (B) an identification of intelligence gaps impeding the 
     ability to deter, detect, and interdict human smuggling 
     across the international land and maritime borders of the 
     United States;
       (C) efforts to increase information sharing with State and 
     local governments and other Federal agencies;
       (D) efforts to provide, in coordination with the Federal 
     Law Enforcement Training Center, training for the border and 
     maritime security components of the Department of Homeland 
     Security to deter, detect, and interdict human smuggling 
     across the international land and maritime borders of the 
     United States; and
       (E) the identification of the high traffic areas of human 
     smuggling along the international land and maritime borders 
     of the United States.
       (4) Report.--
       (A) In general.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit a report that describes the strategy to be 
     implemented under paragraph (2), including the components 
     listed in paragraph (3), to--
       (i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and

[[Page S5247]]

       (ii) the Committee on Homeland Security of the House of 
     Representatives.
       (B) Form.--The Secretary may submit the report required 
     under subparagraph (A) in classified form if the Secretary 
     determines that such form is appropriate.
       (5) Annual list of high traffic areas.--Not later than 
     February 1st of the first year beginning after the date of 
     the enactment of this Act and annually thereafter, the 
     Secretary of Homeland Security shall submit a list of the 
     high traffic areas of human smuggling referred to in 
     paragraph (3)(A) to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.

     SEC. 1606. EQUITABLE TREATMENT OF UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) In General.--Section 235(a)(2) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (8 U.S.C. 1232(a)) is amended--
       (1) by striking the paragraph heading and inserting ``Rules 
     for unaccompanied alien children'';
       (2) in subparagraph (A), by striking ``who is a national or 
     habitual resident of a country that is contiguous with the 
     United States''; and
       (3) in subparagraph (C)--
       (A) by striking the subparagraph heading and inserting 
     ``Agreements with foreign countries''; and
       (B) by striking ``countries contiguous to the United 
     States'' and inserting ``Canada, El Salvador, Guatemala, 
     Honduras, Mexico, and any other foreign country that the 
     Secretary determines appropriate''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to any unaccompanied alien child who was 
     apprehended on or after October 1, 2013.

     SEC. 1607. EXPEDITED REMOVAL AUTHORITY FOR UNACCOMPANIED 
                   ALIEN CHILDREN.

       Section 235(a)(5)(D) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(a)(5)(D)) is amended--
       (1) by striking the subparagraph heading and inserting 
     ``Expedited removal for unaccompanied alien children'';
       (2) in the matter preceding clause (i)--
       (A) by inserting ``described in paragraph (2)(A) who is'' 
     after ``Any unaccompanied alien child''; and
       (B) by striking ``, except for an unaccompanied alien child 
     from a contiguous country subject to exceptions under 
     subsection (a)(2),''; and
       (3) by striking clause (i) and inserting the following:
       ``(i) placed in a proceeding in accordance with section 235 
     of the Immigration and Nationality Act (8 U.S.C. 1225).''.

     SEC. 1608. MANDATORY SAFE FEDERAL CUSTODY.

       Section 235(c) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(c)(2)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``shall be promptly 
     placed in the least restrictive setting that is in the best 
     interest of the child. In making such placements, the 
     Secretary may consider danger to self, danger to the 
     community, and risk of flight. Placement of child trafficking 
     victims may include placement in an Unaccompanied Refugee 
     Minor program pursuant to section 412(d) of the Immigration 
     and Nationality Act (8 U.S.C. 1522(d)), if a suitable family 
     member is not available to provide care.'' and inserting 
     ``may not be placed in the custody of a nongovernmental 
     sponsor or otherwise released from the custody of the United 
     States Government until the child is repatriated or has been 
     adjudicated to be admissible or subject to an exception to 
     removal.'';
       (B) by redesignating subparagraph (B) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) Exceptions.--
       ``(i) In general.--If the Secretary of Health and Human 
     Services determines that an unaccompanied alien child is a 
     victim of a severe form of trafficking in persons, a special 
     needs child with a disability (as defined in section 3 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12102)), a 
     child who has been a victim of physical or sexual abuse under 
     circumstances that indicate that the child's health or 
     welfare has been significantly harmed or threatened, or a 
     child with mental health needs that require ongoing 
     assistance from a social welfare agency, the child may be 
     placed with a biological parent if--

       ``(I) the parent can prove that he or she is lawfully 
     residing in the United States;
       ``(II) the parent has submitted to a mandatory biometric 
     criminal history check; and
       ``(III) the Secretary completes a safety and suitability 
     study of the parent's household.

       ``(ii) Monitoring.--If an unaccompanied alien child 
     described in clause (i) is between 15 and 18 years of age and 
     the Secretary of Health and Human Services determines that 
     such child is not a danger to self, a danger to the 
     community, or a risk of flight, the child shall--

       ``(I) enroll in the alternative to detention program of 
     U.S. Immigration and Customs Enforcement; and
       ``(II) continuously wear an electronic ankle monitor while 
     his or her immigration case is pending.

       ``(iii) Effect of violation of conditions.--The Secretary 
     of Health and Human Services shall remove an unaccompanied 
     alien minor from a parent who has violated the terms of the 
     agreement specifying the conditions under which the 
     unaccompanied alien child was placed in his or her custody.
       ``(iv) Failure to appear.--

       ``(I) Civil penalty.--If an unaccompanied alien child is 
     placed with a parent and fails to appear in a mandatory court 
     appearance, the parent shall be subject to a civil penalty of 
     $250 per day, up to a maximum of $5,000.
       ``(II) Burden of proof.--The parent is not subject to the 
     penalty imposed under subclause (I) if the parent--

       ``(aa) proves to the immigration court that the failure to 
     appear by the unaccompanied alien child was not the fault of 
     the parent; and
       ``(bb) supplies the immigration court with documentary 
     evidence that supports such assertion.
       ``(v) Unaccompanied refugee minors program.--An 
     unaccompanied alien child described in clause (i) who is a 
     victim of a severe form of trafficking in persons may be 
     placed in the Unaccompanied Refugee Minors Program authorized 
     under section 412(d) of the Immigration and Nationality Act 
     (8 U.S.C. 1522(d)) if a parent is not available to provide 
     care for the child in accordance with this subparagraph.
       ``(C) Information sharing.--In verifying the legal presence 
     of parents under subparagraph (B)(i)(I), the Secretary of 
     Health and Human Services shall provide information on those 
     determined to be unlawfully present in the United States to 
     the Secretary of Homeland Security.''; and
       (2) in paragraph (3)(B), by striking ``individual'' and 
     inserting ``parent''.

     SEC. 1609. TRAINING.

       The Secretary of Homeland Security shall ensure that U.S. 
     Border Patrol agents receive appropriate training in 
     immigration laws relating to screening, identifying, and 
     addressing vulnerable populations, such as children, victims 
     of crime and human trafficking, and individuals fleeing 
     persecution or torture.

     SEC. 1610. EMERGENCY IMMIGRATION PERSONNEL; NATIONAL JUVENILE 
                   DOCKET.

       (a) Goal.--It shall be the goal of the Attorney General, 
     the Secretary of Homeland Security, and the Director of the 
     Executive Office for Immigration Review to use the amounts 
     appropriated pursuant to subsection (f) to bring a resolution 
     to immigration cases, from the issuance of a notice to appear 
     through the exhaustion of appeals, within 30 days.
       (b) Emergency Immigration Judges.--
       (1) Designation.--Not later than 14 days after the date of 
     the enactment of this Act, the Attorney General shall 
     designate up to 100 temporary immigration judges, with 
     renewable 6-month terms, including through the hiring of 
     retired immigration judges, magistrate judges, administrative 
     law judges, or other qualified attorneys using the same 
     criteria as applied to the hiring of permanent immigration 
     judges.
       (2) Requirement.--The Attorney General shall ensure that 
     sufficient immigration judge resources are dedicated to the 
     purpose described in paragraph (1).
       (c) Immigration Litigation Attorneys.--The Secretary of 
     Homeland Security shall hire 150 new immigration litigation 
     attorneys in the Field Legal Operations of U.S. Immigration 
     and Customs Enforcement with particular focus on the Office 
     of Chief Counsel attorneys in the areas of need.
       (d) Asylum Officers.--The Secretary of Homeland Security 
     shall hire 100 new asylum officers to be placed in the 
     Refugee, Asylum, and International Operations Directorate of 
     the U.S. Citizenship and Immigration Services.
       (e) Juvenile Docket.--
       (1) In general.--Except as provided in paragraph (2), the 
     Director of the Executive Office for Immigration Review shall 
     establish a separate juvenile docket in every immigration 
     court in the United States to facilitate the processing of 
     immigration cases involving unaccompanied alien children.
       (2) Exemption.--The Director may exempt an immigration 
     court from the requirement under paragraph (1) upon its 
     application for exemption based on its juvenile caseload. The 
     Director shall make a determination under this paragraph 
     after reviewing the court's latest 2 quarters of juvenile 
     cases. An exemption may be awarded if the Director determines 
     that a juvenile docket is not warranted.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $100,000,000 to carry out this section.

     SEC. 1611. REPORTING AND MONITORING REQUIREMENTS.

       (a) Reports.--
       (1) Initial report.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Health and 
     Human Services shall submit a report to each State in which 
     unaccompanied children were discharged to parents or placed 
     in a facility while remaining in the legal custody of the 
     Secretary of Health and Human Services that provides the 
     number of children placed in the State since Oct. 1, 2013, 
     broken down by location and age.
       (2) Monthly discharge reports.--The Secretary of Health and 
     Human Services shall submit a monthly report to each State in 
     which unaccompanied alien children, during the reporting 
     period--
       (A) were discharged to their parents; or

[[Page S5248]]

       (B) were placed in a facility while remaining in the legal 
     custody of the Department of Health and Human Services.
       (3) Contents.--The reports required under paragraph (2) 
     shall identify the number of children placed in the State 
     during the reporting period, broken down by--
       (A) location; and
       (B) age.
       (b) Monitoring Requirement.--The Secretary of Health and 
     Human Services shall--
       (1) require all parents to agree--
       (A) to notify and receive approval from the Department of 
     Health and Human Services prior to an unaccompanied alien 
     child placed in their custody changing addresses from that in 
     which he or she was originally placed; and
       (B) to provide a current address for the child and the 
     reason for the change of address;
       (2) provide regular and frequent monitoring of the physical 
     and emotional well-being of unaccompanied alien children who 
     have been discharged to a parent or remain in the legal 
     custody of the Secretary of Health and Human Services until 
     their respective immigration cases are resolved; and
       (3) not later than 60 days after the date of the enactment 
     of this Act, provide to Congress a plan for implementing the 
     requirement set forth in paragraph (2).
       (c) Notification to States.--The Secretary of Health and 
     Human Services shall notify each State in which potential 
     facilities are being reviewed to house unaccompanied alien 
     children who will remain in the custody of the Secretary of 
     Health and Human Services.
       (d) Failure To Appear.--The Director of the Executive 
     Office for Immigration Review shall--
       (1) track the number of unaccompanied alien children who 
     fail to appear at a removal hearing that they were required 
     to attend; and
       (2) make the information described in paragraph (1) 
     available to the public on a quarterly basis.
                                 ______
                                 
  SA 3743. Ms. AYOTTE (for herself and Mr. Blumenthal) 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 title VIII, add the following:

               Subtitle E--Never Contract With the Enemy

     SEC. 1271. SHORT TITLE.

       This Act may be cited as the ``Never Contract With the 
     Enemy Act''.

     SEC. 1272. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY.

       (a) Identification of Persons and Entities.--The Secretary 
     of Defense shall, in conjunction with the Director of 
     National Intelligence and in consultation with the Secretary 
     of State, establish in each covered combatant command a 
     program to identify persons and entities within the area of 
     responsibility of such command that--
       (1) provide funds, including goods and services, received 
     under a contract, grant, or cooperative agreement of an 
     executive agency directly or indirectly to a covered person 
     or entity; or
       (2) fail to exercise due diligence to ensure that none of 
     the funds, including goods and services, received under a 
     contract, grant, or cooperative agreement of an executive 
     agency are provided directly or indirectly to a covered 
     person or entity.
       (b) Notice of Identified Persons and Entities.--
       (1) Notice.--Upon the identification of a person or entity 
     as being described by subsection (a), the head of an 
     executive agency (or the designee of such head) or the 
     commander of a covered combatant command (or the specified 
     deputies of the commander) shall be notified, in writing, of 
     such identification of the person or entity.
       (2) Responsive actions.--Upon receipt of a notice under 
     paragraph (1), the head of an executive agency (or the 
     designee of such head) or the commander of a covered 
     combatant command (or the specified deputies of the 
     commander) may notify the heads of contracting activities, or 
     other appropriate officials of the agency or command, in 
     writing of such identification.
       (3) Making of notifications.--Any written notification 
     pursuant to this subsection shall be made in accordance with 
     procedures established to implement the revisions of 
     regulations required by this section.
       (c) Authority to Terminate or Void Contracts, Grants, and 
     Cooperative Agreements and to Restrict Future Award.--Not 
     later than 270 days after the date of the enactment of this 
     Act, the Federal Acquisition Regulation, the Defense Federal 
     Acquisition Regulation Supplement, and the Uniform 
     Administrative Requirements, Cost Principles, and Account 
     Requirements for Federal Awards shall be revised to provide 
     that, upon notice from the head of an executive agency (or 
     the designee of such head) or the commander of a covered 
     combatant command (or the specified deputies of the 
     commander) pursuant to subsection (b), the head of 
     contracting activity of an executive agency, or other 
     appropriate official, may do the following:
       (1) Restrict the award of contracts, grants, or cooperative 
     agreements of the executive agency concerned upon a written 
     determination by the head of contracting activity or other 
     appropriate official that the contract, grant, or cooperative 
     agreement would provide funds received under such contract, 
     grant, or cooperative agreement directly or indirectly to a 
     covered person or entity.
       (2) Terminate for default any contract, grant, or 
     cooperative agreement of the executive agency concerned upon 
     a written determination by the head of contracting activity 
     or other appropriate official that the contractor, or the 
     recipient of the grant or cooperative agreement, has failed 
     to exercise due diligence to ensure that none of the funds 
     received under the contract, grant, or cooperative agreement 
     are provided directly or indirectly to a covered person or 
     entity.
       (3) Void in whole or in part any contract, grant, or 
     cooperative agreement of the executive agency concerned upon 
     a written determination by the head of contracting activity 
     or other appropriate official that the contract, grant, or 
     cooperative agreement provides funds directly or indirectly 
     to a covered person or entity.
       (d) Clause.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Federal Acquisition 
     Regulation, the Defense Federal Acquisition Regulation 
     Supplement, and the Uniform Administrative Requirements, Cost 
     Principles, and Account Requirements for Federal Awards shall 
     be revised to require that--
       (A) the clause described in paragraph (2) shall be included 
     in each covered contract, grant, and cooperative agreement of 
     an executive agency that is awarded on or after the date that 
     is 270 days after the date of the enactment of this Act; and
       (B) to the maximum extent practicable, each covered 
     contract, grant, and cooperative agreement of an executive 
     agency that is awarded before the date of the enactment of 
     this Act shall be modified to include the clause described in 
     paragraph (2).
       (2) Clause described.--The clause described in this 
     paragraph is a clause that--
       (A) requires the contractor, or the recipient of the grant 
     or cooperative agreement, to exercise due diligence to ensure 
     that none of the funds, including goods and services, 
     received under the contract, grant, or cooperative agreement 
     are provided directly or indirectly to a covered person or 
     entity; and
       (B) notifies the contractor, or the recipient of the grant 
     or cooperative agreement, of the authority of the head of the 
     contracting activity, or other appropriate official, to 
     terminate or void the contract, grant, or cooperative 
     agreement, in whole or in part, as provided in subsection 
     (c).
       (3) Treatment as void.--For purposes of this section:
       (A) A contract, grant, or cooperative agreement that is 
     void is unenforceable as contrary to public policy.
       (B) A contract, grant, or cooperative agreement that is 
     void in part is unenforceable as contrary to public policy 
     with regard to a segregable task or effort under the 
     contract, grant, or cooperative agreement.
       (4) Public comment.--The President shall ensure that the 
     process for amending regulations required by paragraph (1) 
     shall include an opportunity for public comment, including an 
     opportunity for comment on standards of due diligence 
     required by this Act.
       (e) Requirements Following Contract Actions.--Not later 
     than 270 days after the date of the enactment of this Act, 
     the Federal Acquisition Regulation, the Defense Federal 
     Acquisition Regulation Supplement, and the Uniform 
     Administrative Requirements, Cost Principles, and Account 
     Requirements for Federal Awards shall be revised as follows:
       (1) To require that any head of contracting activity, or 
     other appropriate official, taking an action under subsection 
     (c) to terminate, void, or restrict a contract, grant, or 
     cooperative agreement notify in writing the contractor or 
     recipient of the grant or cooperative agreement, as 
     applicable, of the action.
       (2) To permit the contractor or recipient of a grant or 
     cooperative agreement subject to an action taken under 
     subsection (c) to terminate or void the contract, grant, or 
     cooperative agreement, as the case may be, an opportunity to 
     challenge the action by requesting an administrative review 
     of the action under the procedures of the executive agency 
     concerned not later than 30 days after receipt of notice of 
     the action.
       (f) Annual Review; Protection of Classified Information.--
       (1) Annual review.--The Secretary of Defense, in 
     conjunction with the Director of National Intelligence and in 
     consultation with the Secretary of State shall, on an annual 
     basis, review the lists of persons and entities previously 
     covered by a notice under subsection (b) as having been 
     identified as described by subsection (a) in order to 
     determine whether or not such persons and entities continue 
     to warrant identification as described by subsection (a). If 
     a determination is made pursuant to such a review that a 
     person or entity no longer warrants identification as 
     described by subsection (a), the Secretary of Defense shall 
     notify the head of an executive agency (or designee) or 
     commander (or deputy), as the case may be, in writing of such 
     determination.
       (2) Protection of classified information.--Classified 
     information relied upon to make an identification in 
     accordance with

[[Page S5249]]

     subsection (a) may not be disclosed to a contractor or a 
     recipient of a grant or cooperative agreement with respect to 
     which an action is taken pursuant to the authority provided 
     in subsection (c), or to their representatives, in the 
     absence of a protective order issued by a court of competent 
     jurisdiction established under Article I or Article III of 
     the Constitution of the United States that specifically 
     addresses the conditions upon which such classified 
     information may be so disclosed.
       (g) Delegation of Certain Responsibilities.--
       (1) Combatant command responsibilities.--The commander of a 
     covered combatant command may delegate the responsibilities 
     in this section to any deputies of the commander specified by 
     the commander for purposes of this section. Any delegation of 
     responsibilities under this paragraph shall be made in 
     writing.
       (2) Nondelegation of responsibility for certain actions.--
     The authority provided by subsection (c) to terminate, void, 
     or restrict contracts, grants, and cooperative agreements, in 
     whole or in part, may not be delegated below the level of 
     head of contracting activity, or equivalent official for 
     purposes of grants or cooperative agreements.
       (h) Additional Responsibilities of Executive Agencies.--
       (1) Sharing of information on supporters of the enemy.--The 
     Secretary of Defense shall, in consultation with the Director 
     of the Office of Management and Budget, carry out a program 
     through which agency components may provide information to 
     heads of executive agencies (or the designees of such heads) 
     and the commanders of the covered combatant commands (or the 
     specified deputies of the commanders) relating to persons or 
     entities who may be providing funds, including goods and 
     services, received under contracts, grants, or cooperative 
     agreements of the executive agencies directly or indirectly 
     to a covered person or entity. The program shall be designed 
     to facilitate and encourage the sharing of risk and threat 
     information between executive agencies and the covered 
     combatant commands.
       (2) Inclusion of information on contract actions in fapiis 
     and other systems.--Upon the termination, voiding, or 
     restriction of a contract, grant, or cooperative agreement of 
     an executive agency under subsection (c), the head of 
     contracting activity of the executive agency shall provide 
     for the inclusion in the Federal Awardee Performance and 
     Integrity Information System (FAPIIS), or other formal system 
     of records on contractors or entities, of appropriate 
     information on the termination, voiding, or restriction, as 
     the case may be, of the contract, grant, or cooperative 
     agreement.
       (3) Reports.--The head of contracting activity that 
     receives a notice pursuant to subsection (b) shall submit to 
     the head of the executive agency (or designee) concerned or 
     the appropriate covered combatant command, as the case may 
     be, a report on the action, if any, taken by the head of 
     contracting activity pursuant to subsection (c), including a 
     determination not to terminate, void, or restrict the 
     contract, grant, or cooperative agreement as otherwise 
     authorized by subsection (c).
       (i) Reports.--
       (1) In general.--Not later than March 1 of 2016, 2017, and 
     2018, the Director of the Office of Management and Budget 
     shall submit to the appropriate committees of Congress a 
     report on the use of the authorities in this section in the 
     preceding calendar year, including the following:
       (A) For each instance in which an executive agency 
     exercised the authority to terminate, void, or restrict a 
     contract, grant, and cooperative agreement pursuant to 
     subsection (c), based on a notification under subsection (b), 
     the following:
       (i) The executive agency taking such action.
       (ii) An explanation of the basis for the action taken.
       (iii) The value of the contract, grant, or cooperative 
     agreement voided or terminated.
       (iv) The value of all contracts, grants, or cooperative 
     agreements of the executive agency in force with the person 
     or entity concerned at the time the contract, grant, or 
     cooperative agreement was terminated or voided.
       (B) For each instance in which an executive agency did not 
     exercise the authority to terminate, void, or restrict a 
     contract, grant, and cooperative agreement pursuant to 
     subsection (c), based on a notification under subsection (b), 
     the following:
       (i) The executive agency concerned.
       (ii) An explanation why the action was not taken.
       (2) Form.--Any report under this subsection may, at the 
     election of the Director--
       (A) be submitted in unclassified form, but with a 
     classified annex; or
       (B) be submitted in classified form.
       (j) National Security Exception.--Nothing in this section 
     shall apply to the authorized intelligence or law enforcement 
     activities of the United States Government.
       (k) Construction With Other Authorities.--Except as 
     provided in subsection (l), the authorities in this section 
     shall be in addition to, and not to the exclusion of, any 
     other authorities available to executive agencies to 
     implement policies and purposes similar to those set forth in 
     this section.
       (l) Coordination With Current Authorities.--
       (1) Repeal of superseded authority related to centcom.--
     Effective 270 days after the date of the enactment of this 
     Act, section 841 of the National Defense Authorization Act 
     for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1513; 10 
     U.S.C. 2313 note) is repealed.
       (2) Repeal of superseded authority related to department of 
     defense.--Effective 270 days after the date of the enactment 
     of this Act, section 831 of the National Defense 
     Authorization Act for Fiscal Year 2014 (Public Law 113-66; 
     127 Stat. 810; 10 U.S.C. 2302 note) is repealed.
       (3) Use of superseded authorities in discharge of 
     requirements.--In providing for the discharge of the 
     requirements of this section by the Department of Defense, 
     the Secretary of Defense may use and modify for that purpose 
     the regulations and procedures established for purposes of 
     the discharge of the requirements of section 841 of the 
     National Defense Authorization Act for Fiscal Year 2012 and 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 2014.
       (m) Sunset.--The provisions of this section shall cease to 
     be effective on December 31, 2019.

     SEC. 1273. ADDITIONAL ACCESS TO RECORDS.

       (a) Contracts, Grants, and Cooperative Agreements.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, applicable regulations shall be 
     revised to provide that, except as provided under subsection 
     (c)(1), the clause described in paragraph (2) may, as 
     appropriate, be included in each covered contract, grant, and 
     cooperative agreement of an executive agency that is awarded 
     on or after the date of the enactment of this Act.
       (2) Clause.--The clause described in this paragraph is a 
     clause authorizing the head of the executive agency 
     concerned, upon a written determination pursuant to paragraph 
     (3), to examine any records of the contractor, the recipient 
     of a grant or cooperative agreement, or any subcontractor or 
     subgrantee under such contract, grant, or cooperative 
     agreement to the extent necessary to ensure that funds, 
     including goods and services, available under the contract, 
     grant, or cooperative agreement are not provided directly or 
     indirectly to a covered person or entity.
       (3) Written determination.--The authority to examine 
     records pursuant to the contract clause described in 
     paragraph (2) may be exercised only upon a written 
     determination by the contracting officer or comparable 
     official responsible for a grant or cooperative agreement, 
     upon a finding by the commander of a covered combatant 
     command (or the specified deputies of the commander) or the 
     head of an executive agency (or the designee of such head) 
     that there is reason to believe that funds, including goods 
     and services, available under the contract, grant, or 
     cooperative agreement concerned may have been provided 
     directly or indirectly to a covered person or entity.
       (4) Flowdown.--A clause described in paragraph (2) may also 
     be included in any subcontract or subgrant under a covered 
     contract, grant, or cooperative agreement if the subcontract 
     or subgrant has an estimated value in excess of $50,000.
       (b) Reports.--
       (1) In general.--Not later than March 1 of 2016, 2017, and 
     2018, the Director of the Office of Management and Budget 
     shall submit to the appropriate committees of Congress a 
     report on the use of the authority provided by this section 
     in the preceding calendar year.
       (2) Elements.--Each report under this subsection shall 
     identify, for the calendar year covered by such report, each 
     instance in which an executive agency exercised the authority 
     provided under this section to examine records, explain the 
     basis for the action taken, and summarize the results of any 
     examination of records so undertaken.
       (3) Form.--Any report under this subsection may be 
     submitted in classified form.
       (c) Relationship to Existing Authorities Applicable to 
     CENTCOM.--
       (1) Applicability.--This section shall not apply to 
     contracts, grants, or cooperative agreements covered under 
     section 842 of the National Defense Authorization Act for 
     Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1510; 10 
     U.S.C. 2302 note).
       (2) Extension of current authorities applicable to 
     centcom.--Section 842 of the National Defense Authorization 
     Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1510; 
     10 U.S.C. 2302 note) is amended by striking ``date of the 
     enactment of this Act'' and inserting ``date of the enactment 
     of the Carl Levin National Defense Authorization Act for 
     Fiscal Year 2015''.

     SEC. 1274. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Oversight and Government Reform, the Committee on Foreign 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.
       (2) Contingency operation.--The term ``contingency 
     operation'' has the meaning given that term in section 
     101(a)(13) of title 10, United States Code.
       (3) Contract.--The term ``contract'' includes a contract 
     for commercial items but

[[Page S5250]]

     is not limited to a contract for commercial items.
       (4) Covered combatant command.--The term ``covered 
     combatant command'' means the following:
       (A) The United States Africa Command.
       (B) The United States Central Command.
       (C) The United States European Command.
       (D) The United States Pacific Command.
       (E) The United States Southern Command.
       (5) Covered contract, grant, or cooperative agreement 
     defined.--The term ``covered contract, grant, or cooperative 
     agreement'' means a contract, grant, or cooperative agreement 
     with an estimated value in excess of $50,000 that is 
     performed outside the United States, including its 
     possessions and territories, in support of a contingency 
     operation.
       (6) Covered person or entity.--The term ``covered person or 
     entity'' means a person or entity that is actively opposing 
     United States or coalition forces involved in a contingency 
     operation in which members of the Armed Forces are actively 
     engaged in hostilities.
       (7) Executive agency.--The term ``executive agency'' has 
     the meaning given that term in section 133 of title 41, 
     United States Code.
       (8) Head of contracting activity.--The term ``head of 
     contracting activity'' has the meaning given that term in 
     subpart 601 of part 1 of the Federal Acquisition Regulation.
                                 ______
                                 
  SA 3744. Ms. KLOBUCHAR 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 544 and insert the following:

     SEC. 544. ACCESS TO SPECIAL VICTIMS' COUNSEL.

       (a) In General.--Subsection (a) of section 1044e of title 
     10, United States Code, is amended to read as follows:
       ``(a) Designation; Purposes.--(1) The Secretary concerned 
     shall designate legal counsel (to be known as `Special 
     Victims' Counsel') for the purpose of providing legal 
     assistance to an individual described in paragraph (2) who is 
     the victim of an alleged sex-related offense, regardless of 
     whether the report of that offense is restricted or 
     unrestricted.
       ``(2) An individual described in this paragraph is any of 
     the following:
       ``(A) An individual eligible for military legal assistance 
     under section 1044 of this title.
       ``(B) An individual who is--
       ``(i) not covered under subparagraph (A);
       ``(ii) a member of a reserve component of the armed forces; 
     and
       ``(iii) a victim of an alleged sex-related offense as 
     described in paragraph (1)--
       ``(I) during a period in which the individual served on 
     active duty, full-time National Guard duty, or inactive-duty 
     training; or
       ``(II) during any period, regardless of the duty status of 
     the individual, if the circumstances of the alleged sex-
     related offense have a nexus to the military service of the 
     victim, as determined under regulations prescribed by the 
     Secretary of Defense.''.
       (b) Conforming Amendment.--Subsection (f) of such section 
     is amended by striking ``eligible for military legal 
     assistance under section 1044 of this title'' each place it 
     appears and inserting ``described in subsection (a)(2)''.
                                 ______
                                 
  SA 3745. Mr. DONNELLY 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 B of title XXVIII, add the 
     following:

     SEC. 2813. INDEMNIFICATION OF TRANSFEREES OF PROPERTY AT 
                   MILITARY INSTALLATIONS CLOSED SINCE OCTOBER 24, 
                   1988, THAT REMAIN UNDER THE JURISDICTION OF THE 
                   DEPARTMENT OF DEFENSE.

       Section 330(a) of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 
     note) is amended--
       (1) in paragraph (1)--
       (A) by striking ``paragraph (3)'' and inserting ``paragraph 
     (4)''; and
       (B) by striking ``paragraph (2)'' and inserting ``paragraph 
     (3)'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (3) in paragraph (4), as redesignated, by striking 
     ``paragraph (2) contributed to any such release or threatened 
     release, paragraph (1)'' and inserting ``paragraph (3) 
     contributed to any such release or threatened release, 
     paragraph (1) or (2)''; and
       (4) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The responsibility of the Secretary of Defense to 
     hold harmless, defend, and indemnify in full certain persons 
     and entities described in paragraph (3) also applies with 
     respect to any military installation (or portion thereof) 
     that--
       ``(A) was closed during the period beginning on October 24, 
     1988, and ending on the date of the enactment of this 
     paragraph, other than pursuant to a base closure law; and
       ``(B) remains under the jurisdiction of the Department of 
     Defense as of the date of the enactment of this paragraph.''.
                                 ______
                                 
  SA 3746. Mrs. SHAHEEN 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 F of title X, add the following:

     SEC. 1069. REPORT ON GENDER INTEGRATION IN THE PLANNING AND 
                   EXECUTION OF MILITARY OPERATIONS OF THE ARMED 
                   FORCES ABROAD.

       (a) Study on Gender Integration.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Chairman of the Joint Chiefs 
     of Staff shall conduct a study on the integration of gender 
     considerations into the planning and execution at all levels 
     of military operations of the Armed Forces abroad.
       (2) Elements.--In conducting the study under this 
     subsection, the Chairman of the Joint Chiefs of Staff shall--
       (A) determine whether existing Department of Defense 
     campaign, security cooperation, and contingency plans for 
     operations abroad adequately address security and operational 
     challenges related to gender;
       (B) identify means of improving the integration of gender 
     considerations into future Department of Defense planning for 
     campaign, security cooperation, and contingencies for 
     operations abroad;
       (C) identify the elements of defense doctrine, if any, that 
     should be revised to reflect lessons learned regarding women 
     and gender as a result of experiences engaging with female 
     populations in Iraq, Afghanistan, and other operations 
     abroad;
       (D) evaluate the need for a gender advisor training program 
     for the Armed Forces, including the length of training, 
     proposed curriculum, and location of training for such a 
     program;
       (E) determine the extent to which personnel qualified to 
     advise on women and gender are available within the 
     Department of Defense, and assess the development of a billet 
     description for gender advisors;
       (F) determine how to best educate military command 
     leadership on the integration of attention to women and 
     gender in military operations across all lines of effort; and
       (G) evaluate where to assign gender advisors in strategic, 
     operational, and tactical commands, including, in particular 
     in assignment to field operations and the planning staffs of 
     the combatant commands.
       (b) Report.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Chairman of the Joint Chiefs 
     of Staff shall submit to the congressional defense committees 
     a report setting forth the results of the study conducted 
     under subsection (a).
       (2) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.
                                 ______
                                 
  SA 3747. Mr. CORNYN (for himself, Mr. Grassley, Mr. McConnell, Mr. 
Flake, Mr. Coats, Mr. Isakson, Mr. Alexander, Mr. Chambliss, Mr. 
Barrasso, and Mr. Cochran) 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:

       Strike all after the enacting clause and insert the 
     following:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2014, and for other purposes, namely:

                DIVISION A--SUPPLEMENTAL APPROPRIATIONS

                                TITLE I

    DEPARTMENTS OF COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

                         Department of Justice

                         general administration

                   administrative review and appeals

       For an additional amount for ``Administrative Review and 
     Appeals'', $63,200,000, to remain available until September 
     30, 2015, as follows:
       (1) $54,000,000 for the Executive Office for Immigration 
     Review to hire 54 Immigration Judge Teams, which shall be 
     trained and assigned to adjudicate juvenile cases.
       (2) $6,700,000 for the Executive Office for Immigration 
     Review for the purchase of video teleconferencing equipment, 
     digital audio recording devices, and other technology that 
     will enable expanded immigration courtroom capacity and 
     capability.
       (3) $2,500,000 for the Executive Office for Immigration 
     Review's Legal Orientation Program, of which not less than 
     $1,000,000

[[Page S5251]]

     shall be for the Legal Orientation Program for Custodians:
       Provided, That not later than 15 days after the date of 
     enactment of this Act, the Executive Office for Immigration 
     Review shall submit a reorganization plan to the Committee on 
     Appropriations of the Senate and the Committee on 
     Appropriations of the House of Representatives that includes 
     detailed plans for prioritizing the adjudication of non-
     detained, unaccompanied alien children and specific plans to 
     reassign Immigration Judge Teams to expedite the adjudication 
     of juveniles on the non-detained docket:
       Provided further, That the submitted plan shall ensure that 
     juveniles will appear before an immigration judge for an 
     initial hearing not later than 10 days after the juvenile is 
     apprehended.

                            legal activities

            salaries and expenses, general legal activities

       For an additional amount for ``Salaries and Expenses, 
     General Legal Activities'', $1,100,000, for necessary 
     expenses to respond to the significant rise in unaccompanied 
     children and adults with children at the southwest border and 
     related activities, to remain available until September 30, 
     2014.

                                TITLE II

                    DEPARTMENT OF HOMELAND SECURITY

                  U. S. Customs and Border Protection

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' to 
     cover necessary expenses to respond to the significant rise 
     in unaccompanied alien children and adults with children at 
     the Southwest border and related activities, including the 
     acquisition, construction, improvement, repair, and 
     management of facilities, and for necessary expenses related 
     to border security, $71,000,000, to remain available until 
     September 30, 2015.

               U. S. Immigration and Customs Enforcement

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' to 
     cover necessary expenses to respond to the significant rise 
     in unaccompanied alien children and adults with children at 
     the Southwest border and related activities, and for the 
     necessary expenses for enforcement of immigration and customs 
     law, detention and removals of adults with children crossing 
     the border unlawfully, and investigations, $398,000,000, to 
     remain available until September 30, 2015, of which, 
     $50,000,000 shall be expended for 50 additional fugitive 
     operations teams and not less than $14,000,000 shall be 
     expended for vetted units operations in Central America and 
     human smuggling and trafficking investigations: Provided, 
     That the Secretary of Homeland Security shall support no 
     fewer than an additional 3,000 family and 800 other beds and 
     substantially increase the availability and utilization of 
     detention space for adults with children.

                           general provisions

       Sec. 201. (a) For an additional amount for meeting the data 
     collection and reporting requirements of this Act, 
     $5,000,000.
       (b) Notwithstanding section 503 of Division F of the 
     Consolidated Appropriations Act, 2014 (Public Law 113-76), 
     funds made available under subsection (a) for data collection 
     and reporting requirements may be transferred by the 
     Secretary of Homeland Security between appropriations for the 
     same purpose.
       (c) The Secretary may not make a transfer described in 
     subsection (b) until 15 days after notifying the Committee on 
     Appropriations of the Senate and the Committee on 
     Appropriations of the House of Representatives of such 
     transfer.

                               TITLE III

  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
                            RELATED AGENCIES

                Department of Health and Human Services

                administration for children and families

                     refugee and entrant assistance

                     (including transfer of funds)

       For an additional amount for ``Refugee and Entrant 
     Assistance'', $150,000,000, to be merged with and available 
     for the same period and purposes as funds appropriated in 
     Public Law 113-76 ``for carrying out such sections 414, 501, 
     462, and 235'':  Provided, That funds appropriated under this 
     heading may also be used for other medical response expenses 
     of the Department of Health and Human Services in assisting 
     individuals identified under subsection (b) of such section 
     235:  Provided further, That, the Secretary may, in this 
     fiscal year and hereafter, accept and use money, funds, 
     property, and services of any kind made available by gift, 
     devise, bequest, grant, or other donation for carrying out 
     such sections:  Provided further, That funds appropriated 
     under this heading for medical response expenses may be 
     transferred to and merged with the ``Public Health and Social 
     Services Emergency Fund'':  Provided further, That transfer 
     authority under this heading is subject to the regular 
     notification procedures of the Committee on Appropriations of 
     the Senate and the Committee on Appropriations of the House 
     of Representatives.

                           general provisions

                              (rescission)

       Sec. 301.  Of the funds made available for performance 
     bonus payments under section 2105(a)(3)(E) of the Social 
     Security Act (42 U.S.C. 1397ee(a)(3)(E)), $1,700,000,000 is 
     rescinded.

                                TITLE IV

                     GENERAL PROVISIONS--THIS TITLE

                     Repatriation and Reintegration

       Sec. 401. (a) Of the funds appropriated in titles III and 
     IV of division K of Public Law 113-76, and in prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs, for assistance for the 
     countries in Central America, up to $40,000,000 shall be made 
     available for such countries for repatriation and 
     reintegration activities: Provided, That funds made available 
     pursuant to this section may be obligated notwithstanding 
     subsections (c) and (e) of section 7045 of division K of 
     Public Law 113-76.
       (b) Prior to the initial obligation of funds made available 
     pursuant to this section, but not later than 15 days after 
     the date of enactment of this Act, and every 90 days 
     thereafter until September 30, 2015, the Secretary of State, 
     in consultation with the Administrator of the United States 
     Agency for International Development, shall submit to the 
     appropriate congressional committees a report on the 
     obligation of funds made available pursuant to this section 
     by country and the steps taken by the government of each 
     country to--
       (1) improve border security;
       (2) enforce laws and policies to stem the flow of illegal 
     entries into the United States;
       (3) enact laws and implement new policies to stem the flow 
     of illegal entries into the United States, including 
     increasing penalties for human smuggling;
       (4) conduct public outreach campaigns to explain the 
     dangers of the journey to the Southwest Border of the United 
     States and to emphasize the lack of immigration benefits 
     available; and
       (5) cooperate with United States Federal agencies to 
     facilitate and expedite the return, repatriation, and 
     reintegration of illegal migrants arriving at the Southwest 
     Border of the United States.
       (c) The Secretary of State shall suspend assistance 
     provided pursuant to this section to the government of a 
     country if such government is not making significant progress 
     on each item described in paragraphs (1) through (5) of 
     subsection (b): Provided, That assistance may only be resumed 
     if the Secretary reports to the appropriate congressional 
     committees that subsequent to the suspension of assistance 
     such government is making significant progress on each of the 
     items enumerated in such subsection.
       (d) Funds made available pursuant to this section shall be 
     subject to the regular notification procedures of the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of House of Representatives and the Senate.

                                TITLE V

                     general provisions -- this act

       Sec. 501.  Not later than 30 days after the date of the 
     enactment of this Act, the Attorney General, working in 
     coordination with the Secretary of Homeland Security and the 
     Secretary of Health and Human Services, shall institute a 
     process for collecting, exchanging, and sharing specific data 
     pertaining to individuals whose cases will be adjudicated by 
     the Executive Office for Immigration Review that ensures 
     that--
       (1) the Department of Justice is capable of electronically 
     receiving information from the Department of Homeland 
     Security and the Department of Health and Human Services 
     related to the apprehension, processing, detention, 
     placement, and adjudication of such individuals, including 
     unaccompanied alien children;
       (2) case files prepared by the Department of Homeland 
     Security after an individual has been issued a notice to 
     appear are electronically integrated with information 
     collected by the Department of Justice's Executive Office for 
     Immigration Review during the adjudication process;
       (3) cases are coded to reflect immigration status and 
     appropriate categories at apprehension, such as unaccompanied 
     alien children and family units;
       (4) information pertaining to cases and dockets are 
     collected and maintained by the Department of Justice in an 
     electronic, searchable database that includes--
       (A) the status of the individual appearing before the court 
     upon apprehension;
       (B) the docket upon which the case is placed;
       (C) the individual's presence for court proceedings;
       (D) the final disposition of each case;
       (E) the number of days each case remained on the docket 
     before final disposition; and
       (F) any other information the Attorney General determines 
     to be necessary and appropriate; and
       (5) the final disposition of an adjudication or an order of 
     removal is electronically submitted to--
       (A) the Department of Homeland Security; and
       (B) the Department of Health and Human Services, if 
     appropriate.
       Sec. 502.  Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     working in coordination with the Attorney General and the 
     Secretary of Health and Human Services, shall institute a 
     process for collecting, exchanging, and sharing specific data 
     pertaining to individuals who are apprehended or encountered 
     for immigration enforcement purposes

[[Page S5252]]

     by the Department of Homeland Security that ensures that--
       (1) case files prepared by the Department of Homeland 
     Security after an individual has been issued a notice to 
     appear are electronically transmitted to--
       (A) the Department of Justice's Executive Office for 
     Immigration Review for integration with case files prepared 
     during the adjudication process; and
       (B) to the Department of Health and Human Services, as 
     appropriate, if the files relate to unaccompanied alien 
     children;
       (2) the Department of Homeland Security is capable of 
     electronically receiving information pertaining to the 
     disposition of an adjudication, including removal orders and 
     the individual's failure to appear for proceedings, from the 
     Department of Justice's Executive Office for Immigration 
     Review; and
       (3) information is collected and shared with the Department 
     of Justice regarding the immigration status and appropriate 
     categories of such individuals at the time of apprehension, 
     such as--
       (A) unaccompanied alien children or family units;
       (B) the location of their apprehension;
       (C) the number of days they remain in the custody of the 
     Department of Homeland Security;
       (D) the reason for releasing the individual from custody;
       (E) the geographic location of their residence, if released 
     from custody;
       (F) any action taken by the Department of Homeland Security 
     after receiving information from the Department of Justice 
     regarding an individual's failure to appear before the court;
       (G) any action taken by the Department of Homeland Security 
     after receiving information from the Department of Justice 
     regarding the disposition of an adjudication; and
       (H) any other information that the Secretary of Homeland 
     Security determines to be necessary and appropriate.
       Sec. 503.  Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of Health and Human 
     Services, working in coordination with the Attorney General 
     and the Secretary of Homeland Security, shall institute a 
     process for collecting, exchanging, and sharing specific data 
     pertaining to unaccompanied alien children that ensures 
     that--
       (1) the Department of Health and Human Services is capable 
     of electronically receiving information from the Department 
     of Homeland Security and the Department of Justice related to 
     the apprehension, processing, placement, and adjudication of 
     unaccompanied alien children;
       (2) the Department of Health and Human Services shares 
     information with the Department of Homeland Security 
     regarding its capacity and capability to meet the 72-hour 
     mandate required under section 235(b)(3) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (8 U.S.C. 1232(b)(3)); and
       (3) information is collected and shared with the Department 
     of Justice and the Department of Homeland Security 
     regarding--
       (A) the number of days a child remained in the custody of 
     the Department of Health and Human Services;
       (B) whether the child was placed in a facility operated by 
     the Department of Defense;
       (C) for children placed with a sponsor--
       (i) the number of children placed with the sponsor;
       (ii) the relationship of the sponsor taking custody of the 
     child;
       (iii) the type of background check conducted on the 
     potential sponsor; and
       (iv) the geographic location of the sponsor; and
       (D) any other information the Attorney General or the 
     Secretary of Homeland Security determines to be necessary and 
     appropriate.
       Sec. 504.  The budgetary effects of this Act, for the 
     purpose of complying with the Statutory Pay-As-You-Go-Act of 
     2010, shall be determined by reference to the latest 
     statement titled ``Budgetary Effects of PAYGO Legislation'' 
     for this Act, submitted for printing in the Congressional 
     Record by the Chairman of the Senate Budget Committee, 
     provided that such statement has been submitted prior to the 
     vote on passage.
       Sec. 505.  This Act may be cited as the ``Protecting 
     Children and America's Homeland Act of 2014''.

      DIVISION B--UNACCOMPANIED ALIEN CHILDREN AND BORDER SECURITY

                 TITLE X--UNACCOMPANIED ALIEN CHILDREN

Subtitle A--Protection and Due Process for Unaccompanied Alien Children

     SEC. 1001. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

       Section 235(a) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(a)) is amended--
       (1) in paragraph (2)--
       (A) by amending the paragraph heading to read as follows: 
     ``Rules for unaccompanied alien children.--'';
       (B) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``who is a national or habitual resident of 
     a country that is contiguous with the United States''; and
       (C) in subparagraph (C)--
       (i) by amending the subparagraph heading to read as 
     follows: ``Agreements with foreign countries.--''; and
       (ii) in the matter preceding clause (i), by striking 
     ``countries contiguous to the United States'' and inserting 
     ``Canada, El Salvador, Guatemala, Honduras, Mexico, and any 
     other foreign country that the Secretary determines 
     appropriate'';
       (2) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively;
       (3) inserting after paragraph (2) the following:
       ``(3) Mandatory expedited removal of criminals and gang 
     members.--Notwithstanding any other provision of law, the 
     Secretary of Homeland Security shall place an unaccompanied 
     alien child in a proceeding in accordance with section 235 of 
     the Immigration and Nationality Act (8 U.S.C. 1225a) if, the 
     Secretary determines or has reason to believe the alien--
       ``(A) has been convicted of any offense carrying a maximum 
     term of imprisonment of more than 180 days;
       ``(B) has been convicted of an offense which involved--
       ``(i) domestic violence (as defined in section 40002(a) of 
     the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
       ``(ii) child abuse and neglect (as defined in section 
     40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 
     13925(a));
       ``(iii) assault resulting in bodily injury (as defined in 
     section 2266 of title 18, United States Code);
       ``(iv) the violation of a protection order (as defined in 
     section 2266 of title 18, United States Code);
       ``(v) driving while intoxicated (as defined in section 164 
     of title 23, United States Code); or
       ``(vi) any offense under foreign law, except for a purely 
     political offense, which, if the offense had been committed 
     in the United States, would render the alien inadmissible 
     under section 212(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a));
       ``(C) has been convicted of more than 1 criminal offense 
     (other than minor traffic offenses);
       ``(D) has engaged in, is engaged in, or is likely to engage 
     after entry in any terrorist activity (as defined in section 
     212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has 
     participated in the activities of a foreign terrorist 
     organization (as designated under section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189));
       ``(E) is or was a member of a criminal gang (as defined in 
     paragraph (53) of section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a));
       ``(F) provided materially false, fictitious, or fraudulent 
     information regarding age or identity to the United States 
     Government with the intent to wrongfully be classified as an 
     unaccompanied alien child; or
       ``(G) has entered the United States more than 1 time in 
     violation of section 275(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1325(a)), knowing that the entry 
     was unlawful.''; and
       (4) in subparagraph (D) of paragraph (6), as redesignated 
     by paragraph (2)--
       (A) by amending the subparagraph heading to read as 
     follows: ``Expedited due process and screening for 
     unaccompanied alien children.--'';
       (B) in the matter preceding clause (i), by striking ``, 
     except for an unaccompanied alien child from a contiguous 
     country subject to the exceptions under subsection (a)(2), 
     shall be--'' and inserting ``who meets the criteria listed in 
     paragraph (2)(A)--'';
       (C) by striking clause (i) and inserting the following:
       ``(i) shall be placed in a proceeding in accordance with 
     section 235B of the Immigration and Nationality Act, which 
     shall commence not later than 7 days after the screening of 
     an unaccompanied alien child described in paragraph (4);'';
       (D) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively;
       (E) by inserting after clause (i) the following:
       ``(ii) may not be placed in the custody of a 
     nongovernmental sponsor or otherwise released from the 
     immediate custody of the United States Government until the 
     child is repatriated unless the child--

       ``(I) is the subject of an order under section 235B(e)(1) 
     of the Immigration and Nationality Act; and
       ``(II) is placed or released in accordance with subsection 
     (c)(2)(C) of this section.'';

       (F) in clause (iii), as redesignated, by inserting ``is'' 
     before ``eligible''; and
       (G) in clause (iv), as redesignated, by inserting ``shall 
     be'' before ``provided''.

     SEC. 1002. EXPEDITED DUE PROCESS AND SCREENING FOR 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Humane and Expedited Inspection and Screening for 
     Unaccompanied Alien Children.--
       (1) In general.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.) is amended by 
     inserting after section 235A the following:

     ``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING 
                   FOR UNACCOMPANIED ALIEN CHILDREN.

       ``(a) Asylum Officer Defined.--In this section, the term 
     `asylum officer' means an immigration officer who--
       ``(1) has had professional training in country conditions, 
     asylum law, and interview techniques comparable to that 
     provided to full-time adjudicators of applications under 
     section 208; and
       ``(2) is supervised by an officer who--

[[Page S5253]]

       ``(A) meets the condition described in paragraph (1); and
       ``(B) has had substantial experience adjudicating asylum 
     applications.
       ``(b) Proceeding.--
       ``(1) In general.--Not later than 7 days after the 
     screening of an unaccompanied alien child under section 
     235(a)(5) of the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(5)), 
     an immigration judge shall conduct and conclude a proceeding 
     to inspect, screen, and determine the status of the 
     unaccompanied alien child who is an applicant for admission 
     to the United States.
       ``(2) Time limit.--Not later than 72 hours after the 
     conclusion of a proceeding with respect to an unaccompanied 
     alien child under this section, the immigration judge who 
     conducted such proceeding shall issue an order pursuant to 
     subsection (e).
       ``(c) Conduct of Proceeding.--
       ``(1) Authority of immigration judge.--The immigration 
     judge conducting a proceeding under this section--
       ``(A) shall administer oaths, receive evidence, and 
     interrogate, examine, and cross-examine the unaccompanied 
     alien child and any witnesses;
       ``(B) may issue subpoenas for the attendance of witnesses 
     and presentation of evidence;
       ``(C) is authorized to sanction by civil money penalty any 
     action (or inaction) in contempt of the judge's proper 
     exercise of authority under this Act; and
       ``(D) shall determine whether the unaccompanied alien child 
     meets any of the criteria set out in subparagraphs (A) 
     through (G) of paragraph (3) of section 235(a) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (8 U.S.C. 1232(a)), and if so, order the alien 
     removed under subsection (e)(2) of this section.
       ``(2) Form of proceeding.--A proceeding under this section 
     may take place--
       ``(A) in person;
       ``(B) at a location agreed to by the parties, in the 
     absence of the unaccompanied alien child;
       ``(C) through video conference; or
       ``(D) through telephone conference.
       ``(3) Presence of alien.--If it is impracticable by reason 
     of the mental incompetency of the unaccompanied alien child 
     for the alien to be present at the proceeding, the Attorney 
     General shall prescribe safeguards to protect the rights and 
     privileges of the alien.
       ``(4) Rights of the alien.--In a proceeding under this 
     section--
       ``(A) the unaccompanied alien child shall be given the 
     privilege of being represented, at no expense to the 
     Government, by counsel of the alien's choosing who is 
     authorized to practice in the proceedings;
       ``(B) the alien shall be given a reasonable opportunity--
       ``(i) to examine the evidence against the alien;
       ``(ii) to present evidence on the alien's own behalf; and
       ``(iii) to cross-examine witnesses presented by the 
     Government;
       ``(C) the rights set forth in subparagraph (B) shall not 
     entitle the alien--
       ``(i) to examine such national security information as the 
     Government may proffer in opposition to the alien's admission 
     to the United States; or
       ``(ii) to an application by the alien for discretionary 
     relief under this Act; and
       ``(D) a complete record shall be kept of all testimony and 
     evidence produced at the proceeding.
       ``(5) Withdrawal of application for admission.--An 
     unaccompanied alien child applying for admission to the 
     United States may, and at any time prior to the issuance of a 
     final order of removal, be permitted to withdraw the 
     application and immediately be returned to the alien's 
     country of nationality or country of last habitual residence.
       ``(6) Consequences of failure to appear.--An unaccompanied 
     alien child who does not attend a proceeding under this 
     section, shall be ordered removed, except under exceptional 
     circumstances where the alien's absence is the fault of the 
     Government, a medical emergency, or an act of nature.
       ``(d) Decision and Burden of Proof.--
       ``(1) Decision.--
       ``(A) In general.--At the conclusion of a proceeding under 
     this section, the immigration judge shall determine whether 
     an unaccompanied alien child is likely to be--
       ``(i) admissible to the United States; or
       ``(ii) eligible for any form of relief from removal under 
     this Act.
       ``(B) Evidence.--The determination of the immigration judge 
     under subparagraph (A) shall be based only on the evidence 
     produced at the hearing.
       ``(2) Burden of proof.--
       ``(A) In general.--In a proceeding under this section, an 
     unaccompanied alien child who is an applicant for admission 
     has the burden of establishing, by a preponderance of the 
     evidence, that the alien--
       ``(i) is likely to be entitled to be lawfully admitted to 
     the United States or eligible for any form of relief from 
     removal under this Act; or
       ``(ii) is lawfully present in the United States pursuant to 
     a prior admission.
       ``(B) Access to documents.--In meeting the burden of proof 
     under subparagraph (A)(ii), the alien shall be given access 
     to--
       ``(i) the alien's visa or other entry document, if any; and
       ``(ii) any other records and documents, not considered by 
     the Attorney General to be confidential, pertaining to the 
     alien's admission or presence in the United States.
       ``(e) Orders.--
       ``(1) Placement in further proceedings.--If an immigration 
     judge determines that the unaccompanied alien child has met 
     the burden of proof under subsection (d)(2), the immigration 
     judge shall--
       ``(A) order the alien to be placed in further proceedings 
     in accordance with section 240; and
       ``(B) order the Secretary of Homeland Security to place the 
     alien on the U.S. Immigration and Customs Enforcement 
     detained docket for purposes of carrying out such 
     proceedings.
       ``(2) Orders of removal.--If an immigration judge 
     determines that the unaccompanied alien child has not met the 
     burden of proof required under subsection (d)(2), the judge 
     shall order the alien removed from the United States without 
     further hearing or review unless the alien claims--
       ``(A) an intention to apply for asylum under section 208; 
     or
       ``(B) a fear of persecution.
       ``(3) Claims for asylum.--If an unaccompanied alien child 
     described in paragraph (2) claims an intention to apply for 
     asylum under section 208 or a fear of persecution, the 
     immigration judge shall order the alien referred for an 
     interview by an asylum officer under subsection (f).
       ``(f) Asylum Interviews.--
       ``(1) Credible fear of persecution defined.--In this 
     subsection, the term `credible fear of persecution' means, 
     after taking into account the credibility of the statements 
     made by an unaccompanied alien child in support of the 
     alien's claim and such other facts as are known to the asylum 
     officer, there is a significant possibility that the alien 
     could establish eligibility for asylum under section 208.
       ``(2) Conduct by asylum officer.--An asylum officer shall 
     conduct the interviews of an unaccompanied alien child 
     referred under subsection (e)(3).
       ``(3) Referral of certain aliens.--If the asylum officer 
     determines at the time of the interview that an unaccompanied 
     alien child has a credible fear of persecution, the alien 
     shall be held in the custody of the Secretary for Health and 
     Human Services pursuant to section 235(b) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (8 U.S.C. 1232(b)) during further consideration 
     of the application for asylum.
       ``(4) Removal without further review if no credible fear of 
     persecution.--
       ``(A) In general.--Subject to subparagraph (C), if the 
     asylum officer determines that an unaccompanied alien child 
     does not have a credible fear of persecution, the asylum 
     officer shall order the alien removed from the United States 
     without further hearing or review.
       ``(B) Record of determination.--The asylum officer shall 
     prepare a written record of a determination under 
     subparagraph (A), which shall include--
       ``(i) a summary of the material facts as stated by the 
     alien;
       ``(ii) such additional facts (if any) relied upon by the 
     asylum officer;
       ``(iii) the asylum officer's analysis of why, in light of 
     such facts, the alien has not established a credible fear of 
     persecution; and
       ``(iv) a copy of the asylum officer's interview notes.
       ``(C) Review of determination.--
       ``(i) Rulemaking.--The Attorney General shall establish, by 
     regulation, a process by which an immigration judge will 
     conduct a prompt review, upon the alien's request, of a 
     determination under subparagraph (A) that the alien does not 
     have a credible fear of persecution.
       ``(ii) Mandatory components.--The review described in 
     clause (i)--

       ``(I) shall include an opportunity for the alien to be 
     heard and questioned by the immigration judge, either in 
     person or by telephonic or video connection; and
       ``(II) shall be concluded as expeditiously as possible, to 
     the maximum extent practicable within 24 hours, but in no 
     case later than 7 days after the date of the determination 
     under subparagraph (A).

       ``(D) Mandatory protective custody.--Any alien subject to 
     the procedures under this paragraph shall be held in the 
     custody of the Secretary of Health and Human Services 
     pursuant to section 235(b) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232(b))--
       ``(i) pending a final determination of an application for 
     asylum under this subsection; and
       ``(ii) after a determination under this subsection that the 
     alien does not have a credible fear of persecution, until the 
     alien is removed.
       ``(g) Limitation on Administrative Review.--
       ``(1) In general.--Except as provided in subsection 
     (f)(4)(C) and paragraph (2), a removal order entered in 
     accordance with subsection (e)(2) or (f)(4)(A) is not subject 
     to administrative appeal.
       ``(2) Rulemaking.--The Attorney General shall establish, by 
     regulation, a process for the prompt review of an order under 
     subsection (e)(2) against an alien who claims under oath, or 
     as permitted under penalty of perjury under section 1746 of 
     title 28, United States Code, after having been warned of the 
     penal ties for falsely making such claim under such 
     conditions to have been--
       ``(A) lawfully admitted for permanent residence;

[[Page S5254]]

       ``(B) admitted as a refugee under section 207; or
       ``(C) granted asylum under section 208.
       ``(h) Last in, First Out.--In any proceedings, 
     determinations, or removals under this section, priority 
     shall be accorded to the alien who has most recently arrived 
     in the United States.''.
       (2) Clerical amendment.--The table of contents in the first 
     section of the Immigration and Nationality Act is amended by 
     inserting after the item relating to section 235A the 
     following:

``Sec. 235B. Humane and expedited inspection and screening for 
              unaccompanied alien children.''.

       (b) Judicial Review of Orders of Removal.--Section 242 of 
     the Immigration and Nationality Act (8 U.S.C. 1252) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``section 235(b)(1))'' 
     and inserting ``section 235(b)(1) or an order of removal 
     issued to an unaccompanied alien child after proceedings 
     under section 235B''; and
       (B) in paragraph (2)--
       (i) by inserting ``or section 235B'' after ``section 
     235(b)(1)'' each place it appears; and
       (ii) in subparagraph (A)--

       (I) in the subparagraph heading, by inserting ``or 235b'' 
     after ``section 235(b)(1)''; and
       (II) in clause (iii), by striking ``section 235(b)(1)(B),'' 
     and inserting ``section 235(b)(1)(B) or 235B(f);''; and

       (2) in subsection (e)--
       (A) in the subsection heading, by inserting ``or 235B'' 
     after ``Section 235(b)(1)'';
       (B) by inserting ``or section 235B'' after ``section 
     235(b)(1)'' each place it appears;
       (C) in subparagraph (2)(C), by inserting ``or section 
     235B(g)'' after ``section 235(b)(1)(C)''; and
       (D) in subparagraph (3)(A), by inserting ``or section 
     235B'' after ``section 235(b)''.

     SEC. 1003. EXPEDITED DUE PROCESS FOR UNACCOMPANIED ALIEN 
                   CHILDREN PRESENT IN THE UNITED STATES.

       (a) Special Motions for Unaccompanied Alien Children.--
       (1) Filing authorized.--During the 60-day period beginning 
     on the date of the enactment of this Act, the Secretary of 
     Homeland Security shall, notwithstanding any other provision 
     of law, permit an unaccompanied alien child who was issued a 
     notice to appear under section 239 of the Immigration and 
     Nationality Act (8 U.S.C. 1229) during the period beginning 
     on January 1, 2013, and ending on the date of the enactment 
     of this Act--
       (A) to appear, in-person, before an immigration judge who 
     has been authorized by the Attorney General to conduct 
     proceedings under section 235B of the Immigration and 
     Nationality Act, as added by section 1002;
       (B) to attest that the unaccompanied alien child desires to 
     apply for admission to the United States; and
       (C) to file a motion--
       (i) to replace any notice to appear issued between January 
     1, 2013, and the date of the enactment of this Act under such 
     section 239 that has not resulted in a final order of 
     removal; and
       (ii) to apply for admission to the United States by being 
     placed in proceedings under such section 235B.
       (2) Adjudication of motion.--An immigration judge may, at 
     the sole and unreviewable discretion of the judge, grant a 
     motion filed under paragraph (1)(C) upon a finding that--
       (A) the petitioner was an unaccompanied alien child (as 
     defined in section 235 of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232)) on the date on which a notice to appear was issued to 
     the alien under section 239 of the Immigration and 
     Nationality Act (8 U.S.C. 1229);
       (B) the notice to appear was issued during the period 
     beginning on January 1, 2013, and ending on the date of the 
     enactment of this Act;
       (C) the unaccompanied alien child is applying for admission 
     to the United States; and
       (D) the granting of such motion would not be manifestly 
     unjust.
       (3) Effect of motion.--Notwithstanding any other provision 
     of law, upon the granting of a motion to replace a notice to 
     appear under paragraph (2), the immigration judge who granted 
     such motion shall--
       (A) while the petitioner remains in-person, immediately 
     inspect and screen the petitioner for admission to the United 
     States by conducting a proceeding under section 235B of the 
     Immigration and Nationality Act, as added by section 1002;
       (B) immediately notify the petitioner of the petitioner's 
     ability, under section 235B(c)(5) of the Immigration and 
     Nationality Act to withdraw the petitioner's application for 
     admission to the United States and immediately be returned to 
     the petitioner's country of nationality or country of last 
     habitual residence; and
       (C) replace the petitioner's notice to appear with an order 
     under section 235B(e) of the Immigration and Nationality Act.
       (4) Protective custody.--An unaccompanied alien child who 
     has been granted a motion under paragraph (2) shall be held 
     in the custody of the Secretary of Health and Human Services 
     pursuant to section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232).

     SEC. 1004. CHILD WELFARE AND LAW ENFORCEMENT INFORMATION 
                   SHARING.

       Section 235(b) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(b)) is amended by adding at the end the following:
       ``(5) Information sharing.--
       ``(A) Immigration status.--If the Secretary of Health and 
     Human Services considers placement of an unaccompanied alien 
     child with a potential sponsor, the Secretary of Homeland 
     Security shall provide to the Secretary of Health and Human 
     Services the immigration status of such potential sponsor 
     prior to the placement of the unaccompanied alien child.
       ``(B) Other information.--The Secretary of Health and Human 
     Services shall provide to the Secretary of Homeland Security 
     and the Attorney General any relevant information related to 
     an unaccompanied alien child who is or has been in the 
     custody of the Secretary of Health and Human Services, 
     including the location of the child and any person to whom 
     custody of the child has been transferred, for any legitimate 
     law enforcement objective, including enforcement of the 
     immigration laws.''.

     SEC. 1005. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.

       Section 235(b) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(b)), as amended by section 1004, is further amended by 
     inserting at the end the following:
       ``(6) Inspection of facilities.--The Inspector General of 
     the Department of Health and Human Services shall conduct 
     regular inspections of facilities utilized by the Secretary 
     of Health and Human Services to provide care and custody of 
     an unaccompanied alien children who are in the immediate 
     custody of the Secretary to ensure that such facilities are 
     operated in the most efficient manner practicable.
       ``(7) Facility operations costs.--The Secretary of Health 
     and Human Services shall ensure that facilities utilized to 
     provide care and custody of unaccompanied alien children are 
     operated efficiently and at a rate of cost that is not 
     greater than $500 per day for each child housed or detained 
     at such facility, unless the Secretary certifies that 
     compliance with this requirement is temporarily impossible 
     due to emergency circumstances.''.

     SEC. 1006. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN FORMAL 
                   REMOVAL PROCEEDING.

       Section 235(c) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(c)) is amended--
       (1) in paragraph (2) by inserting at the end the following:
       ``(C) Children in formal removal proceedings.--
       ``(i) Limitation on placement.--An unaccompanied alien 
     child who has been placed in a proceeding under section 240 
     of the Immigration and Nationality Act (8 U.S.C. 1229a) may 
     not be placed in the custody of a nongovernmental sponsor or 
     otherwise released from the immediate custody of the United 
     States Government unless--

       ``(I) the nongovernmental sponsor is a biological or 
     adoptive parent of the unaccompanied alien child;
       ``(II) the parent is legally present in the United States 
     at the time of the placement;
       ``(III) the parent has undergone a mandatory biometric 
     criminal history check; and
       ``(IV) the Secretary of Health and Human Services has 
     determined that the unaccompanied alien child is not a danger 
     to self, danger to the community, or risk of flight.

       ``(ii) Exceptions.--If the Secretary of Health and Human 
     Services determines that an unaccompanied alien child is a 
     victim of severe forms of trafficking in persons (as defined 
     in section 103 of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7102)), a special needs child with a 
     disability (as defined in section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102)), a child who has 
     been a victim of physical or sexual abuse under circumstances 
     that indicate that the child's health or welfare has been 
     significantly harmed or threatened, or a child with mental 
     health needs that require ongoing assistance from a social 
     welfare agency, the unaccompanied alien child may be placed 
     with a grandparent or adult sibling if the grandparent or 
     adult sibling meets the requirements set out in subclauses 
     (II), (III), and (IV) of clause (i).
       ``(iii) Monitoring.--

       ``(I) In general.--An unaccompanied alien child who is 15, 
     16, or 17 years of age placed with a nongovernmental sponsor 
     or, in the case of an unaccompanied alien child younger than 
     15 years of age placed with a nongovernmental sponsor, such 
     nongovernmental sponsor shall--

       ``(aa) enroll in the alternative to detention program of 
     U.S. Immigration and Customs Enforcement; and
       ``(bb) continuously wear an electronic ankle monitor while 
     the unaccompanied alien child is in removal proceedings.

       ``(II) Penalty for monitor tampering.--If an electronic 
     ankle monitor required by subclause (I) is tampered with, the 
     sponsor of the unaccompanied alien child shall be subject to 
     a civil penalty of $150 for each day the monitor is not 
     functioning due to the tampering, up to a maximum of $3,000.

       ``(iv) Effect of violation of conditions.--The Secretary of 
     Health and Human Services shall remove an unaccompanied alien 
     child from a sponsor if the sponsor violates the terms of the 
     agreement specifying the conditions under which the alien was 
     placed with the sponsor.
       ``(v) Failure to appear.--

       ``(I) Civil penalty.--If an unaccompanied alien child is 
     placed with a sponsor and fails to appear in a mandatory 
     court appearance,

[[Page S5255]]

     the sponsor shall be subject to a civil penalty of $250 for 
     each day until the alien appears in court, up to a maximum of 
     $5,000.
       ``(II) Burden of proof.--The sponsor is not subject to the 
     penalty imposed under subclause (I) if the sponsor--

       ``(aa) appears in person and proves to the immigration 
     court that the failure to appear by the unaccompanied alien 
     child was not the fault of the sponsor; and
       ``(bb) supplies the immigration court with documentary 
     evidence that supports the assertion described in item (aa).
       ``(vi) Prohibition on placement with sex offenders and 
     human traffickers.--The Secretary of Health and Human 
     Services may not place an unaccompanied alien child under 
     this subparagraph in the custody of an individual who has 
     been convicted of, or the Secretary has reason to believe was 
     otherwise involved in the commission of--

       ``(I) a sex offense (as defined in section 111 of the Sex 
     Offender Registration and Notification Act (42 U.S. 16911)); 
     or
       ``(II) a crime involving severe forms of trafficking in 
     persons (as defined in section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102)).

       ``(vii) Requirements of criminal background check.--A 
     biometric criminal history check required by clause (i)(IV) 
     shall be conducted using a set of fingerprints or other 
     biometric identifier through--

       ``(I) the Federal Bureau of Investigation;
       ``(II) criminal history repositories of all States that the 
     individual lists as current or former residences; and
       ``(III) any other State or Federal database or repository 
     that the Secretary of Health and Human Services determines is 
     appropriate.''.

     SEC. 1007. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY 
                   OF UNACCOMPANIED ALIEN CHILDREN.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. Fraud in connection with the transfer of custody 
       of unaccompanied alien children

       ``(a) In General.--It shall be unlawful for a person to 
     obtain custody of an unaccompanied alien child (as defined in 
     section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g)) by--
       ``(1) making any materially false, fictitious, or 
     fraudulent statement or representation; or
       ``(2) making or using any false writing or document knowing 
     the same to contain any materially false, fictitious, or 
     fraudulent statement or entry.
       ``(b) Penalties.--
       ``(1) In general.--Any person who violates, or attempts or 
     conspires to violate, this section shall be fined under this 
     title and imprisoned for not less than 1 year.
       ``(2) Enhanced penalty for trafficking.--If the primary 
     purpose of the violation, attempted violation, or conspiracy 
     to violate this section was to subject the child to sexually 
     explicit activity or any other form of exploitation, the 
     offender shall be fined under this title and imprisoned for 
     not less than 15 years.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1040 the following:

``1041. Fraud in connection with the transfer of custody of 
              unaccompanied alien children.''.

     SEC. 1008. NOTIFICATION OF STATES, REPORTING, AND MONITORING.

       (a) Notification.--Section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) is amended by adding at the end the following:
       ``(j) Notification to States.--
       ``(1) Prior to placement.--The Secretary of Homeland 
     Security or the Secretary of Health and Human Services shall 
     notify the Governor of a State not later than 48 hours prior 
     to the placement of an unaccompanied alien child from in 
     custody of such Secretary in the care of a facility or 
     sponsor in such State.
       ``(2) Initial reports.--Not later than 60 days after the 
     date of the enactment of this Act, the Secretary of Health 
     and Human Services shall submit a report to the Governor of 
     each State in which an unaccompanied alien child was 
     discharged to a sponsor or placed in a facility while 
     remaining in the legal custody of the Secretary during the 
     period beginning October 1, 2013 and ending on the date of 
     the enactment of the Protecting Children and America's 
     Homeland Act of 2014.
       ``(3) Monthly reports.--The Secretary of Health and Human 
     Services shall submit a monthly report to the Governor of 
     each State in which, during the reporting period, 
     unaccompanied alien children were discharged to a sponsor or 
     placed in a facility while remaining in the legal custody of 
     the Secretary of Health and Human Services.
       ``(4) Contents.--Each report required to be submitted to 
     the Governor of a State by paragraph (2) or (3) shall 
     identify the number of unaccompanied alien children placed in 
     the State during the reporting period, disaggregated by--
       ``(A) the locality in which the aliens were placed; and
       ``(B) the age of the aliens.''.
       (b) Monitoring Requirement.--The Secretary of Health and 
     Human Services shall--
       (1) require all sponsors to agree--
       (A) to receive approval from the Secretary of Health and 
     Human Services prior to changing the location in which the 
     sponsor is housing an unaccompanied alien child placed in the 
     sponsor's custody; and
       (B) to provide a current address for the child and the 
     reason for the change of address;
       (2) provide regular and frequent monitoring of the physical 
     and emotional well-being of each unaccompanied alien child 
     who has been discharged to a sponsor or remained in the legal 
     custody of the Secretary until the child's immigration case 
     is resolved; and
       (3) not later than 60 days after the date of the enactment 
     of this Act, provide to Congress a plan for implementing the 
     requirement of paragraph (2).

     SEC. 1009. EMERGENCY IMMIGRATION JUDGE RESOURCES.

       (a) Designation.--Not later than 14 days after the date of 
     the enactment of this Act, the Attorney General shall 
     designate up to 100 immigration judges, including through the 
     temporary or permanent hiring of retired immigration judges, 
     magistrate judges, or administrative law judges, or the 
     reassignment of current immigration judges, that are 
     dedicated to--
       (1) conducting humane and expedited inspection and 
     screening for unaccompanied alien children under section 235B 
     of the Immigration and Nationality Act, as added by section 
     1002; or
       (2) reducing existing backlogs in immigration court 
     proceedings initiated under section 239 of the Immigration 
     and Nationality Act (8 U.S.C. 1229).
       (b) Requirement.--The Attorney General shall ensure that 
     sufficient immigration judge resources are dedicated to the 
     purpose described in subsection (a)(1) to comply with the 
     requirement under section 235B(b)(1) of the Immigration and 
     Nationality Act, as added by section 1002.

     SEC. 1010. REPORTS TO CONGRESS.

       (a) Reports on Care of Unaccompanied Alien Child.--Not 
     later than December 31, 2014 and September 30, 2015, the 
     Secretary of Health and Human Services shall submit to 
     Congress and make publically available a report that 
     includes--
       (1) a detailed summary of the contracts in effect to care 
     for and house unaccompanied alien children, including the 
     names and locations of contractors and the facilities being 
     used;
       (2) the cost per day to care for and house an unaccompanied 
     alien child, including an explanation of such cost;
       (3) the number of unaccompanied alien children who have 
     been released to a sponsor, if any;
       (4) a list of the States to which unaccompanied alien 
     children have been released from the custody of the Secretary 
     of Health and Human Services to the care of a sponsor or 
     placement in a facility;
       (5) the number of unaccompanied alien children who have 
     been released to a sponsor who is not lawfully present in the 
     United States, including the country of nationality or last 
     habitual residence and age of such children;
       (6) a determination of whether more than 1 unaccompanied 
     alien child has been released to the same sponsor, including 
     the number of children who were released to such sponsor;
       (7) an assessment of the extent to which the Secretary of 
     Health and Human Services is monitoring the release of 
     unaccompanied alien children, including home studies done and 
     ankle bracelets or other devices used;
       (8) an assessment of the extent to which the Secretary of 
     Health and Human Services is making efforts--
       (A) to educate unaccompanied alien children about their 
     legal rights; and
       (B) to provide unaccompanied alien children with access to 
     pro bono counsel; and
       (9) the extent of the public health issues of unaccompanied 
     alien children, including contagious diseases, the benefits 
     or medical services provided, and the outreach to States and 
     localities about public health issues, that could affect the 
     public.
       (b) Reports on Repatriation Agreements.--Not later than 
     February 31, 2015 and August 31, 2015, the Secretary of State 
     shall submit to Congress and make publically available a 
     report that--
       (1) describes--
       (A) any repatriation agreement for unaccompanied alien 
     children in effect and a copy of such agreement; and
       (B) any such repatriation agreement that is being 
     considered or negotiated; and
       (2) describes the funding provided to the 20 countries that 
     have the highest number of nationals entering the United 
     States as unaccompanied alien children, including amounts 
     provided--
       (A) to deter the nationals of each country from illegally 
     entering the United States; and
       (B) to care for or reintegrate repatriated unaccompanied 
     alien children in the country of nationality or last habitual 
     residence.
       (c) Reports on Returns to Country of Nationality.--Not 
     later than December 31, 2014 and September 30, 2015, the 
     Secretary of Homeland Security shall submit to Congress and 
     make publically available a report that describes--
       (1) the number of unaccompanied alien children who have 
     voluntarily returned to their country of nationality or 
     habitual residence, disaggregated by--
       (A) country of nationality or habitual residence; and
       (B) age of the unaccompanied alien children;

[[Page S5256]]

       (2) the number of unaccompanied alien children who have 
     been returned to their country of nationality or habitual 
     residence, including assessment of the length of time such 
     children were present in the United States;
       (3) the number of unaccompanied alien children who have not 
     been returned to their country of nationality or habitual 
     residence pending travel documents or other requirements from 
     such country, including how long they have been waiting to 
     return; and
       (4) the number of unaccompanied alien children who were 
     granted relief in the United States, whether through asylum 
     or any other immigration benefit.
       (d) Reports on Immigration Proceedings.--Not later than 
     September 30, 2015, and once every 3 months thereafter, the 
     Director of the Executive Office for Immigration Review shall 
     submit to Congress and make publically available a report 
     that describes--
       (1) the number of unaccompanied alien children who, after 
     proceedings under section 235B of the Immigration and 
     Nationality Act, as added by section 1002, were returned to 
     their country of nationality or habitual residence, 
     disaggregated by--
       (A) country of nationality or residence; and
       (B) age and gender of such aliens;
       (2) the number of unaccompanied alien children who, after 
     proceedings under such section 235B, prove a claim of 
     admissibility and are place in proceedings under section 240 
     of the Immigration and Nationality Act (8 U.S.C. 1229a);
       (3) the number of unaccompanied alien children who fail to 
     appear at a removal hearing that such alien was required to 
     attend;
       (4) the number of sponsors who were levied a penalty, 
     including the amount and whether the penalty was collected, 
     for the failure of an unaccompanied alien child to appear at 
     a removal hearing; and
       (5) the number of aliens that are classified as 
     unaccompanied alien children, the ages and countries of 
     nationality of such children, and the orders issued by the 
     immigration judge at the conclusion of proceedings under such 
     section 235B for such children.

Subtitle B--Cooperation With Countries of Nationality of Unaccompanied 
                             Alien Children

     SEC. 1021. IN-COUNTRY REFUGEE PROCESSING.

       (a) Findings.--Congress makes the following findings:
       (1) Consistent with section 101(a)(42)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)) and 
     section 207(e) of such Act (8 U.S.C. 1157(e)), special 
     circumstances currently exist due to grave humanitarian 
     concerns throughout the travel, and attempts to travel, to 
     the United States by unaccompanied children sufficient to 
     justify and require, for fiscal years 2014 and 2015, the 
     allowance of processing of in-country refugee applications in 
     El Salvador, Guatemala, and Honduras in order to prevent such 
     children from undertaking the long and dangerous journey 
     across Central America and Mexico.
       (2) Grave humanitarian concerns exist due to--
       (A) at least 60,000 unaccompanied children having 
     undertaken the long and dangerous journey to the United 
     States from Central America in fiscal year 2014 alone;
       (B) substantial reports of unaccompanied children becoming, 
     during the course of their journey intended for the United 
     States, victims of--
       (i) significant injury, including loss of limbs;
       (ii) severe forms of violence;
       (iii) death due to accident and intentional killing;
       (iv) severe forms of human trafficking;
       (v) kidnap for ransom; and
       (vi) sexual assault and rape; and
       (C) the likelihood that the vast majority of the 
     unaccompanied children seeking admission or immigration 
     relief, including through application as a refugee or claims 
     of asylum, do not qualify for such admission or relief, and 
     therefore will be repatriated.
       (3) While special circumstances currently exist to justify 
     in-country refugee application processing for El Salvador, 
     Guatemala, and Honduras, it is appropriate to determine the 
     admissibility of individuals applying for refugee status from 
     those countries according to current law and granting 
     administrative relief in instances in which refugee or asylum 
     applications are denied, or are expected to be denied, would 
     exacerbate the grave humanitarian concerns described in 
     paragraph (2) by further encouraging attempts at migration.
       (b) Authority for In-country Refugee Processing.--
     Notwithstanding section 101(a)(42)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(42)(B)), for fiscal years 
     2014 and 2015, the Secretary of State, in consultation with 
     the Secretary of Homeland Security and the Director of the 
     Office of Refugee Resettlement of the Department of Health 
     and Human Services, shall process an application for refugee 
     status--
       (1) for an alien who is a national of El Salvador, 
     Guatemala, or Honduras and is located in such country; or
       (2) in the case of an alien having no nationality, for an 
     alien who is habitually residing in such country and is 
     located in such country.
       (c) Rule of Construction.--Nothing in this section may be 
     construed as a grant of immigration benefit or relief, nor as 
     a change to existing law regarding the eligibility for any 
     individual for such benefit or relief, other than to the 
     extent refugee applications shall be permitted in-country in 
     accordance with this section.

     SEC. 1022. REFUGEE ADMISSIONS FROM CERTAIN COUNTRIES.

       Notwithstanding any other provision of law, the President, 
     in determining the number of refugees who may be admitted 
     under section 207(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1157(a))--
       (1) for fiscal year 2014, may --
       (A) allocate the unallocated reserve refugee number set out 
     in the Presidential Memorandum on Refugee Admissions for 
     Fiscal Year 2014 issued on October 2, 2013 to admit refugees 
     from Central America; and
       (B) allocate any unused admissions allocated to a 
     particular region for Central American refugee admissions; 
     and
       (2) for fiscal year 2015, shall include Central America 
     among the regional allocations included in the Presidential 
     determination for refugee admissions that fiscal year.

     SEC. 1023. FOREIGN GOVERNMENT COOPERATION IN REPATRIATION OF 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Certification.--
       (1) In general.--Subject to paragraph (2), on the date that 
     is 60 days after the date of the enactment of this Act, and 
     annually thereafter, the President shall make a certification 
     of whether the Government of El Salvador, Guatemala, or 
     Honduras--
       (A) is actively working to reduce the number of 
     unaccompanied alien children from that country who are 
     attempting to migrate northward in order to illegally enter 
     the United States;
       (B) is cooperating with the Government of the United States 
     to facilitate the repatriation of unaccompanied alien 
     children who are removed from the United States and returned 
     to their country of nationality or habitual residence; and
       (C) has negotiated or is actively negotiating an agreement 
     under section 235(a)(2)(C) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232(a)(2)(C)), as amended by section 1001.
       (2) Interim certification.--If prior to the date an annual 
     certification is required by paragraph (1) the President 
     determines the most recent such certification for the 
     Government of El Salvador, Guatemala, or Honduras is no 
     longer accurate, the President may make an accurate 
     certification for that country prior to such date.
       (b) Limitation on Assistance.--The Federal Government may 
     not provide any assistance (other than security assistance) 
     to El Salvador, Guatemala, or Honduras unless in the most 
     recent certification for that country under subsection (a) is 
     that the Government of El Salvador, Guatemala, or Honduras, 
     respectively, meets the requirements of subparagraphs (A), 
     (B), and (C) of subsection (a)(1).

                       TITLE XI--CRIMINAL ALIENS

     SEC. 1101. ALIEN GANG MEMBERS.

       (a) Definition.--Section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)) is amended by adding at 
     the end the following:
       ``(53)(A) The term `criminal gang' means an ongoing group, 
     club, organization, or association of 5 or more persons--
       ``(i)(I) that has as 1 of its primary purposes the 
     commission of 1 or more of the criminal offenses described in 
     subparagraph (B); and
       ``(II) the members of which engage, or have engaged within 
     the past 5 years, in a continuing series of offenses 
     described in subparagraph (B); or
       ``(ii) that has been designated as a criminal gang under 
     section 220 by the Secretary of Homeland Security, in 
     consultation with the Attorney General, or the Secretary of 
     State.
       ``(B) The offenses described in this subparagraph, whether 
     in violation of Federal or State law or foreign law and 
     regardless of whether the offenses occurred before, on, or 
     after the date of the enactment of the Protecting Children 
     and America's Homeland Act of 2014, are the following:
       ``(i) A `felony drug offense' (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802)).
       ``(ii) An offense under section 274 (relating to bringing 
     in and harboring certain aliens), section 277 (relating to 
     aiding or assisting certain aliens to enter the United 
     States), or section 278 (relating to importation of alien for 
     immoral purpose).
       ``(iii) A crime of violence (as defined in section 16 of 
     title 18, United States Code).
       ``(iv) A crime involving obstruction of justice, tampering 
     with or retaliating against a witness, victim, or informant, 
     or burglary.
       ``(v) Any conduct punishable under sections 1028 and 1029 
     of title 18, United States Code (relating to fraud and 
     related activity in connection with identification documents 
     or access devices), sections 1581 through 1594 of such title 
     (relating to peonage, slavery and trafficking in persons), 
     section 1952 of such title (relating to interstate and 
     foreign travel or transportation in aid of racketeering 
     enterprises), section 1956 of such title (relating to the 
     laundering of monetary instruments), section 1957 of such 
     title (relating to engaging in monetary transactions in 
     property derived from specified unlawful activity), or 
     sections 2312 through 2315 of such title (relating to 
     interstate transportation of stolen motor vehicles or stolen 
     property).
       ``(vi) A conspiracy to commit an offense described in 
     clauses (i) through (v).
       ``(C) Notwithstanding any other provision of law (including 
     any effective date), the term `criminal gang' applies 
     regardless of

[[Page S5257]]

     whether the conduct occurred before, on, or after the date of 
     the enactment of this paragraph.''.
       (b) Inadmissibility.--Section 212(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by 
     adding at the end the following:
       ``(J) Aliens associated with criminal gangs.--Any alien is 
     inadmissible who a consular officer, the Secretary of 
     Homeland Security, or the Attorney General knows or has 
     reason to believe--
       ``(i) is or has been a member of a criminal gang; or
       ``(ii) has participated in the activities of a criminal 
     gang knowing or having reason to know that such activities 
     will promote, further, aid, or support the illegal activity 
     of the criminal gang.''.
       (c) Deportability.--Section 237(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by 
     adding at the end the following:
       ``(G) Aliens associated with criminal gangs.--Any alien is 
     deportable who the Secretary of Homeland Security or the 
     Attorney General knows or has reason to believe--
       ``(i) is or has been a member of a criminal gang; or
       ``(ii) has participated in the activities of a criminal 
     gang knowing or having reason to know that such activities 
     will promote, further, aid, or support the illegal activity 
     of the criminal gang.''.
       (d) Designation.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     inserting after section 219 the following:

     ``SEC. 220. DESIGNATION OF CRIMINAL GANGS.

       ``(a) In General.--The Secretary of Homeland Security, in 
     consultation with the Attorney General, or the Secretary of 
     State may designate a group or association as a criminal gang 
     if their conduct is described in section 101(a)(53) or if the 
     group or association conduct poses a significant risk that 
     threatens the security and the public safety of nationals of 
     the United States or the national security, homeland 
     security, foreign policy, or economy of the United States.
       ``(b) Effective Date.--A designation made under subsection 
     (a) shall remain in effect until the designation is revoked 
     after consultation between the Secretary of Homeland 
     Security, the Attorney General, and the Secretary of State or 
     is terminated in accordance with Federal law.''.
       (2) Clerical amendment.--The table of contents in the first 
     section of the Immigration and Nationality Act is amended by 
     inserting after the item relating to section 219 the 
     following:

``220. Designation of criminal gangs.''.
       (e) Mandatory Detention of Criminal Gang Members.--
       (1) In general.--Section 236(c)(1)(D) of the Immigration 
     and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
       (A) by striking ``section 212(a)(3)(B)'' and inserting 
     ``paragraph (2)(J) or (3)(B) of section 212(a)''; and
       (B) by striking ``237(a)(4)(B),'' and inserting ``paragraph 
     (2)(G) or (4)(B) of section 237(a),''.
       (2) Annual report.--Not later than March 1 of each year 
     (beginning 1 year after the date of the enactment of this 
     Act), the Secretary of Homeland Security, after consultation 
     with the appropriate Federal agencies, shall submit a report 
     to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives on 
     the number of aliens detained under the amendments made by 
     paragraph (1).
       (f) Asylum Claims Based on Gang Affiliation.--
       (1) Inapplicability of restriction on removal to certain 
     countries.--Section 241(b)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the 
     matter preceding clause (i), by inserting ``who is described 
     in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who 
     is'' after ``to an alien''.
       (2) Ineligibility for asylum.--Section 208(b)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 
     amended--
       (A) in clause (v), by striking ``or'' at the end;
       (B) by redesignating clause (vi) as clause (vii); and
       (C) by inserting after clause (v) the following:
       ``(vi) the alien is described in section 212(a)(2)(J)(i) or 
     section 237(a)(2)(G)(i) (relating to participation in 
     criminal gangs); or''.
       (g) Temporary Protected Status.--Section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a) is amended--
       (1) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (c)(2)(B)--
       (A) in clause (i), by striking ``States, or'' and inserting 
     ``States;'';
       (B) in clause (ii), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following:
       ``(iii) the alien is, or at any time after admission has 
     been, a member of a criminal gang.''; and
       (3) in subsection (d)--
       (A) by striking paragraph (3); and
       (B) in paragraph (4), by adding at the end the following: 
     ``The Secretary of Homeland Security may detain an alien 
     provided temporary protected status under this section 
     whenever appropriate under any other provision of law.''.
       (h) Special Immigrant Juvenile Visas.--Section 
     101(a)(27)(J)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(27)(J)(iii)) is amended--
       (1) in subclause (I), by striking ``and'';
       (2) in subclause (II), by inserting ``and'' at the end; and
       (3) by adding at the end the following:

       ``(III) no alien who is, or was at any time after admission 
     has been, a member of a criminal gang shall be eligible for 
     any immigration benefit under this subparagraph;''.

       (i) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur before, on, or after the 
     date of the enactment of this Act.

     SEC. 1102. MANDATORY EXPEDITED REMOVAL OF DANGEROUS 
                   CRIMINALS, TERRORISTS, AND GANG MEMBERS.

       (a) In General.--Notwithstanding any other provision of 
     law, an immigration officer who finds an alien described in 
     subsection (b) at a land border or port of entry of the 
     United States and determines that such alien is inadmissible 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.) shall treat such alien in accordance with section 235 
     of the Immigration and Nationality Act (8 U.S.C. 1225).
       (b) Threats to Public Safety.--An alien described in this 
     subsection is an alien who the Secretary of Homeland Security 
     determines, or has reason to believe--
       (1) has been convicted of any offense carrying a maximum 
     term of imprisonment of more than 180 days;
       (2) has been convicted of an offense which involved--
       (A) domestic violence (as defined in section 40002(a) of 
     the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
       (B) child abuse and neglect (as defined in section 40002(a) 
     of the Violence Against Women Act of 1994 (42 U.S.C. 
     13925(a));
       (C) assault resulting in bodily injury (as defined in 
     section 2266 of title 18, United States Code);
       (D) the violation of a protection order (as defined in 
     section 2266 of title 18, United States Code);
       (E) driving while intoxicated (as defined in section 164 of 
     title 23, United States Code); or
       (F) any offense under foreign law, except for a purely 
     political offense, which, if the offense had been committed 
     in the United States, would render the alien inadmissible 
     under section 212(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a));
       (3) has been convicted of more than 1 criminal offense 
     (other than minor traffic offenses);
       (4) has engaged in, is engaged in, or is likely to engage 
     after entry in any terrorist activity (as defined in section 
     212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has 
     participated in the activities of a foreign terrorist 
     organization (as designated under section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189));
       (5) is or was a member of a criminal street gang (as 
     defined in paragraph (53) of section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)), as added 
     by section 1101(a)); or
       (6) has entered the United States more than 1 time in 
     violation of section 275(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1325(a)), knowing that the entry 
     was unlawful.

     SEC. 1103. FUGITIVE OPERATIONS.

       The Secretary of Homeland Security is authorized to hire 
     350 U.S. Immigration and Customs Enforcement detention 
     officers that comprise 50 Fugitive Operations Teams 
     responsible for identifying, locating, and arresting fugitive 
     aliens.

     SEC. 1104. ADDITIONAL DETENTION CAPACITY FOR FAMILY UNITS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall increase 
     the number of detention beds available for aliens placed in 
     removal proceedings under the Immigration and Nationality Act 
     (8 U.S.C. 1101 et seq.) by not less than 5,000, including 
     such detention beds available for family units.

                       TITLE XII--BORDER SECURITY

     SEC. 1201. REDUCING INCENTIVES FOR ILLEGAL IMMIGRATION.

       No Federal funds or resources may be used to issue a new 
     directive, memorandum, or Executive Order that provides for 
     relief from removal or work authorization to a class of 
     individuals who are not otherwise eligible for such relief 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.) or such work authorization, including expanding 
     deferred action for childhood arrivals.

     SEC. 1202. BORDER SECURITY ON CERTAIN FEDERAL LANDS.

       (a) Definitions.--In this section:
       (1) Federal lands.--The term ``Federal lands'' includes all 
     land under the control of the Secretary concerned that is 
     located within the Southwest border region in the State of 
     Arizona along the international border between the United 
     States and Mexico.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Support for Border Security Needs.--To achieve 
     effective control of Federal lands--
       (1) the Secretary concerned, notwithstanding any other 
     provision of law, shall

[[Page S5258]]

     authorize and provide U.S. Customs and Border Protection 
     personnel with immediate access to Federal lands for security 
     activities, including--
       (A) routine motorized patrols; and
       (B) the deployment of communications, surveillance, and 
     detection equipment;
       (2) the security activities described in paragraph (1) 
     shall be conducted, to the maximum extent practicable, in a 
     manner that the Secretary determines will best protect the 
     natural and cultural resources on Federal lands; and
       (3) the Secretary concerned may provide education and 
     training to U.S. Customs and Border Protection personnel on 
     the natural and cultural resources present on individual 
     Federal land units.
       (c) Programmatic Environmental Impact Statement.--
       (1) In general.--After implementing subsection (b), the 
     Secretary, in consultation with the Secretaries concerned, 
     shall prepare and publish in the Federal Register a notice of 
     intent to prepare a programmatic environmental impact 
     statement in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the 
     impacts of the activities described in subsection (b).
       (2) Effect on processing application and special use 
     permits.--The pending completion of a programmatic 
     environmental impact statement under this section shall not 
     result in any delay in the processing or approving of 
     applications or special use permits by the Secretaries 
     concerned for the activities described in subsection (b).
       (3) Amendment of land use plans.--The Secretaries concerned 
     shall amend any land use plans, as appropriate, upon 
     completion of the programmatic environmental impact statement 
     described in paragraph (1).
       (4) Scope of programmatic environmental impact statement.--
     The programmatic environmental impact statement described in 
     paragraph (1)--
       (A) may be used to advise the Secretary of Homeland 
     Security on the impact on natural and cultural resources on 
     Federal lands; and
       (B) shall not control, delay, or restrict actions by the 
     Secretary of Homeland Security to achieve effective control 
     on Federal lands.
       (d) Intermingled State and Private Land.--This section 
     shall not apply to any private or State-owned land within the 
     boundaries of Federal lands.

     SEC. 1203. STATE AND LOCAL ASSISTANCE TO ALLEVIATE 
                   HUMANITARIAN CRISIS.

       (a) State and Local Assistance.--The Administrator of the 
     Federal Emergency Management Agency shall enhance law 
     enforcement preparedness, humanitarian responses, and 
     operational readiness along the international border between 
     the United States and Mexico through Operation Stonegarden.
       (b) Grants and Reimbursements.--
       (1) In general.--Amounts made available to carry out this 
     section shall be allocated for grants and reimbursements to 
     State and local governments in Border Patrol Sectors on the 
     along the international border between the United States and 
     Mexico for--
       (A) costs personnel, overtime, and travel;
       (B) costs related to combating illegal immigration and drug 
     smuggling; and
       (C) costs related to providing humanitarian relief to 
     unaccompanied alien children and family units who have 
     entered the United States.
       (2) Funding for state and local governments.--Allocations 
     for grants and reimbursements to State and local governments 
     under this paragraph shall be made by the Administrator of 
     the Federal Emergency Management Agency through a competitive 
     process.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for fiscal years 2014 and 2015 such sums 
     as may be necessary to carry out this section.

     SEC. 1204. PREVENTING ORGANIZED SMUGGLING.

       (a) Unlawfully Hindering Immigration, Border, or Customs 
     Controls.--
       (1) Amendment to title 18, united states code.--
       (A) In general.--Chapter 27 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 556. Unlawfully hindering immigration, border, or 
       customs controls

       ``(a) Illicit Spotting.--Any person who knowingly transmits 
     to another person the location, movement, or activities of 
     any Federal, State, or tribal law enforcement agency with the 
     intent to further a Federal crime relating to United States 
     immigration, customs, importation of controlled substances, 
     agriculture products, or monetary instruments, or other 
     border controls shall be fined under this title, imprisoned 
     not more than 10 years, or both.
       ``(b) Destruction of United States Border Controls.--Any 
     person who knowingly and without lawful authorization 
     destroys, alters, or damages any fence, barrier, sensor, 
     camera, or other physical or electronic device deployed by 
     the Federal Government to control the international border of 
     the United States or a port of entry, or otherwise seeks to 
     construct, excavate, or make any structure intended to 
     defeat, circumvent or evade any such fence, barrier, sensor 
     camera, or other physical or electronic device deployed by 
     the Federal Government to control the international border of 
     the United States or a port of entry--
       ``(1) shall be fined under this title, imprisoned not more 
     than 10 years, or both; and
       ``(2) if, at the time of the offense, the person uses or 
     carries a firearm or, in furtherance of any such crime, 
     possesses a firearm, shall be fined under this title, 
     imprisoned not more than 20 years, or both.
       ``(c) Conspiracy and Attempt.--Any person who attempts or 
     conspires to violate subsection (a) or (b) shall be punished 
     in the same manner as a person who completes a violation of 
     such subsection.''.
       (B) Clerical amendment.--The table of sections for chapter 
     27 of title 18, United States Code, is amended by inserting 
     after the item relating to section 555 the following:

``556. Unlawfully hindering immigration, border, or customs 
              controls.''.
       (2) Prohibiting carrying or use of a firearm during and in 
     relation to an alien smuggling crime.--Section 924(c) of 
     title 18, United States Code, is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``, alien smuggling 
     crime,'' after ``crime of violence'' each place such term 
     appears; and
       (ii) in subparagraph (D)(ii), by inserting ``, alien 
     smuggling crime,'' after ``crime of violence''; and
       (B) by adding at the end the following:
       ``(6) For purposes of this subsection, the term `alien 
     smuggling crime' means any felony punishable under section 
     274(a), 277, or 278 of the Immigration and Nationality Act (8 
     U.S.C. 1324(a), 1327, and 1328).''.
       (3) Statute of limitations.--Section 3298 of title 18, 
     United States Code, is amended by inserting ``556 (hindering 
     immigration, border, or customs controls), 1598 (organized 
     human smuggling),'' before ``1581''.
       (b) Organized Human Smuggling.--
       (1) Amendment to title 18, united states code.--Chapter 77 
     of title 18, United States Code, is amended by adding at the 
     end the following:

     ``Sec. 1598. Organized human smuggling

       ``(a) Prohibited Activities.--It shall be unlawful for any 
     person, while acting for profit or other financial gain, to 
     knowingly direct or participate in an effort or scheme to 
     assist or cause 3 or more persons--
       ``(1) to enter, attempt to enter, or prepare to enter the 
     United States--
       ``(A) by fraud, falsehood, or other corrupt means;
       ``(B) at any place other than a port or place of entry 
     designated by the Secretary of Homeland Security; or
       ``(C) in a manner not prescribed by the immigration laws 
     and regulations of the United States;
       ``(2) to travel by air, land, or sea toward the United 
     States (whether directly or indirectly)--
       ``(A) knowing that the persons seek to enter or attempt to 
     enter the United States without lawful authority; and
       ``(B) with the intent to aid or further such entry or 
     attempted entry; or
       ``(3) to be transported or moved outside of the United 
     States--
       ``(A) knowing that such persons are aliens in unlawful 
     transit from 1 country to another or on the high seas; and
       ``(B) under circumstances in which the persons are seeking 
     to enter the United States without official permission or 
     legal authority.
       ``(b) Conspiracy and Attempt.--Any person who attempts or 
     conspires to violate subsection (a) shall be punished in the 
     same manner as a person who completes a violation of such 
     subsection.
       ``(c) Base Penalty.--Except as provided in subsection (d), 
     any person who violates subsection (a) or (b) shall be fined 
     under this title, imprisoned for not more than 20 years, or 
     both.
       ``(d) Enhanced Penalties.--Any person who violates 
     subsection (a) or (b)--
       ``(1) in the case of a violation causing a serious bodily 
     injury (as defined in section 1365) to any person, shall be 
     fined under this title, imprisoned for not more than 30 
     years, or both;
       ``(2) in the case of a violation causing the life of any 
     person to be placed in jeopardy, shall be fined under this 
     title, imprisoned for not more than 30 years, or both;
       ``(3) in the case of a violation involving 10 or more 
     persons, shall be fined under this title, imprisoned for not 
     more than 30 years, or both;
       ``(4) in the case of a violation involving the bribery or 
     corruption of a United States or foreign government official, 
     shall be fined under this title, imprisoned for not more than 
     30 years, or both;
       ``(5) in the case of a violation involving robbery or 
     extortion (as such terms are defined in paragraph (1) or (2), 
     respectively, of section 1951(b)), shall be fined under this 
     title, imprisoned for not more than 30 years, or both;
       ``(6) in the case of a violation causing any person to be 
     subjected to an involuntary sexual act (as defined in section 
     2246(2)), shall be fined under this title, imprisoned for not 
     more than 30 years, or both;
       ``(7) in the case of a violation resulting in the death of 
     any person, shall be fined under this title, imprisoned for 
     any term of years or for life, or both;
       ``(8) in the case of a violation in which any alien is 
     confined or restrained, including by the taking of clothing, 
     goods, or personal identification documents, shall be fined 
     under this title, imprisoned for not more than 10 years, or 
     both; or
       ``(9) in the case of smuggling an unaccompanied alien child 
     (as defined in section 462(g)(2) of the Homeland Security Act 
     of

[[Page S5259]]

     2002 (6 U.S.C. 279(g)(2)), shall be fined under this title or 
     imprisoned not more than 20 years.
       ``(e) Definitions.--In this section:
       ``(1) Effort or scheme to assist or cause 3 or more 
     persons.--The term `effort or scheme to assist or cause 3 or 
     more persons' does not require that the 3 or more persons 
     enter, attempt to enter, prepare to enter, or travel at the 
     same time if such acts are completed during a 1-year period.
       ``(2) Lawful authority.--The term `lawful authority'--
       ``(A) means permission, authorization, or license that is 
     expressly provided for under the immigration laws of the 
     United States; and
       ``(B) does not include--
       ``(i) any authority described in subparagraph (A) that was 
     secured by fraud or otherwise unlawfully obtained; or
       ``(ii) any authority that was sought, but not approved.''.
       (2) Clerical amendment.--The table of sections for chapter 
     77 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1597 the following:

``1598. Organized human smuggling.''.
       (c) Strategy to Combat Human Smuggling.--
       (1) High traffic areas of human smuggling defined.--In this 
     subsection, the term ``high traffic areas of human 
     smuggling'' means the United States ports of entry and areas 
     between such ports that have relatively high levels of human 
     smuggling activity, as measured by U.S. Customs and Border 
     Protection.
       (2) Implementation.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall implement a strategy to deter, detect, and 
     interdict human smuggling across the international land and 
     maritime borders of the United States.
       (3) Components.--The strategy referred to in paragraph (2) 
     shall include--
       (A) efforts to increase coordination between the border and 
     maritime security components of the Department of Homeland 
     Security;
       (B) an identification of intelligence gaps impeding the 
     ability to deter, detect, and interdict human smuggling 
     across the international land and maritime borders of the 
     United States;
       (C) efforts to increase information sharing with State and 
     local governments and other Federal agencies;
       (D) efforts to provide, in coordination with the Federal 
     Law Enforcement Training Center, training for the border and 
     maritime security components of the Department of Homeland 
     Security to deter, detect, and interdict human smuggling 
     across the international land and maritime borders of the 
     United States; and
       (E) the identification of the high traffic areas of human 
     smuggling.
       (4) Report.--
       (A) In general.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit a report that describes the strategy to be 
     implemented under paragraph (2), including the components 
     listed in paragraph (3), to--
       (i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (ii) the Committee on Homeland Security of the House of 
     Representatives.
       (B) Form.--The Secretary may submit the report required 
     under subparagraph (A) in classified form if the Secretary 
     determines that such form is appropriate.
       (5) Annual list of high traffic areas.--Not later than 
     February 1st of the first year beginning after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Homeland Security shall submit a list of the 
     high traffic areas of human smuggling referred to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
                                 ______
                                 
  SA 3748. Mr. MENENDEZ 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 I, add the following:

     SEC. 141. LIMITATION ON AVAILABILITY OF FUNDS FOR DIVESTMENT 
                   OR TRANSFER OF KC-10 AIRCRAFT.

       None of the funds authorized to be appropriated by this Act 
     or otherwise made available for fiscal year 2015 for the Air 
     Force may be obligated or expended during such fiscal year to 
     divest or transfer, or prepare to divest or transfer, KC-10 
     aircraft.
                                 ______
                                 
  SA 3749. Mr. MENENDEZ 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 title XI, add the following:

     SEC. 1105. PAY PARITY FOR DEPARTMENT OF DEFENSE EMPLOYEES 
                   EMPLOYED AT JOINT BASES.

       (a) Definitions.--For purposes of this section--
       (1) the term ``joint military installation'' means 2 or 
     more military installations reorganized or otherwise 
     associated and operated as a single military installation;
       (2) the term ``locality'' or ``pay locality'' has the 
     meaning given that term by section 5302(5) of title 5, United 
     States Code; and
       (3) the term ``locality pay'' refers to any amount payable 
     under section 5304 or 5304a of title 5, United States Code.
       (b) Pay Parity at Joint Bases.--Whenever 2 or more military 
     installations are reorganized or otherwise associated as a 
     single joint military installation, but the constituent 
     installations are not all located within the same pay 
     locality, all Department of Defense employees of the 
     respective installations constituting the joint installation 
     (who are otherwise entitled to locality pay) shall receive 
     locality pay at a uniform percentage equal to the percentage 
     which is payable with respect to the locality which includes 
     the constituent installation then receiving the highest 
     locality pay (expressed as a percentage).
       (c) Regulations.--The Office of Personnel Management shall 
     prescribe regulations to carry out this section.
       (d) Effective Date; Applicability.--
       (1) Effective date.--This section shall be effective with 
     respect to pay periods beginning on or after such date (not 
     later than 1 year after the date of enactment of this 
     section) as the Secretary of Defense shall determine in 
     consultation with the Office of Personnel Management.
       (2) Applicability.--This section shall apply to any joint 
     military installation created as a result of the 
     recommendations of the Defense Base Closure and Realignment 
     Commission in the 2005 base closure round.
                                 ______
                                 
  SA 3750. Mr. REID proposed an amendment to the bill S. 2648, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2014, and for other purposes; as follows:

       At the end, add the following:
       This Act shall become effective 1 day after enactment.
                                 ______
                                 
  SA 3751. Mr. REID proposed an amendment to amendment SA 3750 proposed 
by Mr. Reid to the bill S. 2648, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2014, and for 
other purposes; as follows:

       In the amendment, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 3752. Mr. REID proposed an amendment to the bill S. 2648, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2014, and for other purposes; as follows:

       At the end, add the following:
       This Act shall become effective 3 days after enactment.
                                 ______
                                 
  SA 3753. Mr. REID proposed an amendment to amendment SA 3752 proposed 
by Mr. Reid to the bill S. 2648, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2014, and for 
other purposes; as follows:

       In the amendment, strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 3754. Mr. REID proposed an amendment to amendment SA 3753 proposed 
by Mr. Reid to the amendment SA 3752 proposed by Mr. Reid to the bill 
S. 2648, making emergency supplemental appropriations for the fiscal 
year ending September 30, 2014, and for other purposes; as follows:

       In the amendment, strike ``4'' and insert ``5''.
                                 ______
                                 
  SA 3755. Ms. HIRONO 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 V, add the following:

     SEC. 515. ROLE OF THE CHIEF OF THE NATIONAL GUARD BUREAU IN 
                   ASSIGNMENT OF DIRECTORS AND DEPUTY DIRECTORS OF 
                   THE ARMY NATIONAL GUARD AND AIR NATIONAL GUARD.

       (a) In General.--Section 10506(a) of title 10, United 
     States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``selected by the 
     Secretary of the Army'' and inserting ``recommended by the 
     Chief of the

[[Page S5260]]

     National Guard Bureau, from not less than three candidates 
     identified by the Secretary of the Army,''; and
       (B) in subparagraph (B), by striking ``selected by the 
     Secretary of the Air Force'' and inserting ``recommended by 
     the Chief of the National Guard Bureau, from not less than 
     three candidates identified by the Secretary of the Air 
     Force,''; and
       (2) in paragraph (2), by striking ``The officers so 
     selected'' and inserting ``The Director and Deputy Director, 
     Army National Guard, and the Director and Deputy Director, 
     Air National Guard,''.
       (b) Conforming Amendments Regarding Appointment.--Paragraph 
     (3) of such section is amended--
       (1) in subparagraph (A), by striking ``The President'' and 
     inserting ``Consistent with paragraph (1), the President'';
       (2) by striking subparagraphs (B) and (D); and
       (3) by redesignating subparagraphs (C) and (E) as 
     subparagraphs (B) and (C), respectively.
                                 ______
                                 
  SA 3756. Ms. HIRONO 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 IX, add the following:

     SEC. 912. ASSIGNMENT OF CERTAIN NEW REQUIREMENTS BASED ON 
                   DETERMINATIONS OF COST-EFFICIENCY.

       (a) Amendment.--Chapter 146 of title 10, United States 
     Code, is amended by inserting after section 2463 the 
     following new section:

     ``Sec. 2463a. Assignment of certain new requirements based on 
       determinations of cost-efficiency

       ``(a) Assignments Based on Determinations of Cost-
     efficiency.--(1) Except as provided in paragraph (2) and 
     subject to subsection (b), the assignment of performance of a 
     new requirement by the Department of Defense to military 
     personnel, civilian personnel, or contractor personnel shall 
     be based on a determination of which sector of the 
     Department's workforce can perform the services in the most 
     cost-efficient manner, based on an analysis of the costs to 
     the Federal Government in accordance with Department of 
     Defense Instruction 7041.04 (`Estimating and Comparing the 
     Full Costs of Civilian and Active Duty Military Manpower and 
     Contract Support') or successor guidance.
       ``(2) Paragraph (1) shall not apply in the case of a new 
     requirement that is inherently governmental, closely 
     associated with inherently governmental functions, critical, 
     or required by law to be performed by military personnel or 
     civilian personnel.
       ``(3) Nothing in this section may be construed as affecting 
     the requirements of the Department of Defense under policies 
     and procedures established by the Secretary of Defense under 
     section 129a of this title for determining the most 
     appropriate and cost-efficient mix of military, civilian, and 
     contractor personnel to perform the mission of the Department 
     of Defense.
       ``(b) Waiver Authority.--(1) Notwithstanding subsection 
     (a), the Secretary of a military department, the commander of 
     a combatant command, or the head of a Defense Agency or 
     activity may waive such subsection and assign performance of 
     a new requirement without a determination of cost-efficiency 
     as required by such subsection if--
       ``(A) the Secretary, commander, or head certifies in 
     writing to the congressional defense committees that the time 
     required to conduct the determination of cost-efficiency 
     would result in a gap in service that would significantly 
     undermine performance of the mission of the Department of 
     Defense or pose an unacceptable risk; and
       ``(B) a period of 30 days has expired after such 
     certification is so submitted to the committees.
       ``(2) A waiver of subsection (a) may be in effect for a 
     period of not greater than 180 days.
       ``(3) The waiver authority under this subsection may not be 
     exercised after September 30, 2015.
       ``(c) Provisions Relating to Assignment of Civilian 
     Personnel.--If a new requirement is assigned to civilian 
     personnel consistent with the requirements of this section--
       ``(1) the Secretary of Defense may not--
       ``(A) impose any constraint or limitation on the size of 
     the civilian workforce in terms of man years, end strength, 
     full-time equivalent positions, or maximum number of 
     employees; or
       ``(B) require offsetting funding for civilian pay or 
     benefits or require a reduction in civilian full-time 
     equivalents or civilian end-strengths; and
       ``(2) the Secretary may assign performance of such 
     requirement without regard to whether the employee is a 
     temporary, term, or permanent employee.
       ``(d) New Requirement Described.--For purposes of this 
     section, a new requirement is an activity or function that is 
     not being performed, as of the date of consideration for 
     assignment of performance under this section, by military 
     personnel, civilian personnel, or contractor personnel at a 
     Department of Defense component, organization, installation, 
     or other entity. For purposes of the preceding sentence, an 
     activity or function that is performed at such an entity and 
     that is re-engineered, reorganized, modernized, upgraded, 
     expanded, or changed to become more efficient but is still 
     essentially providing the same service shall not be 
     considered a new requirement.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2463 the following new item:

``2463a. Assignment of certain new requirements based on determinations 
              of cost-efficiency.''.
                                 ______
                                 
  SA 3757. Mr. CASEY 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 B of title X, add the following:

     SEC. 1015. NATIONAL GUARD DRUG INTERDICTION AND COUNTER-DRUG 
                   ACTIVITIES.

       (a) Findings.--Congress makes the following findings:
       (1) Since 1989, the National Guard has worked with law 
     enforcement agencies and community-based organizations 
     through the National Guard Counterdrug Program to address the 
     gap between Department of Defense and State and local 
     institutions to perform interdiction and anti-drug activities 
     that contribute to the defense of the United States against 
     narco-trafficking and transnational organized crime threats.
       (2) The link between drug trafficking organizations and 
     criminal networks is well documented, as drug traffickers 
     have diversified their activities to include trafficking in 
     weapons, humans, cash, and counterfeit goods. These criminal 
     networks have grown in size and influence posing a 
     significant threat to national security.
       (3) According to the National Guard Association of the 
     United States, the five National Guard Counterdrug Training 
     Centers located throughout the United States have provided 
     essential training to over 680,000 law enforcement officials, 
     military personnel, and coalition forces since their 
     inception.
       (4) The Department of Defense has continually reduced the 
     funding for the National Guard Counterdrug Program since its 
     fiscal year 2013 request and has eliminated funding for the 
     National Guard Counterdrug Training Centers in the fiscal 
     year 2015 request.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the National Guard Counterdrug Training Centers' 
     mission of providing combatant commands, law enforcement 
     agencies, community-based organizations, and military 
     personnel with training and support to enhance their 
     capabilities to detect, interdict, disrupt, and curtail drug 
     trafficking plays a role in United States efforts to combat 
     narcotics trafficking and transnational organized crime;
       (2) a sustainable funding solution that keeps the National 
     Guard Counterdrug Training Centers operational and that meets 
     the requirement for training and support for law enforcement 
     agencies, community-based organizations, and military 
     personnel to combat narcotics trafficking and transnational 
     organized crime is needed;
       (3) the Secretary of Defense should consult with the Chief 
     of the National Guard Bureau, and as appropriate, with the 
     Attorney General and the Secretary of Homeland Security, on--
       (A) how best to meet the requirement for training and 
     support for law enforcement agencies, community-based 
     organizations, and military personnel to combat narcotics 
     trafficking and transnational organized crime;
       (B) what role the National Guard Counterdrug Training 
     Centers should play; and
       (C) whether a partnership between the Office of the 
     Secretary of Defense, the National Guard Bureau, the 
     Department of Justice, and the Department of Homeland 
     Security is appropriate;
       (4) efforts should be made to align National Guard 
     Counterdrug Training Centers' activities with key United 
     States counternarcotics policies and programs, including the 
     Department of Defense Counternarcotics and Global Threats 
     strategy, the President's National Drug Control Strategy, and 
     the President's Strategy to Combat Transnational Organized 
     Crime; and
       (5) the Secretary of Defense should ensure that the 
     existing National Guard Counterdrug Training Centers continue 
     operations to achieve their full mission until a sustainable 
     funding solution is developed and implemented.
       (c) Activities.--Section 112 of title 32, United States 
     Code, is amended--
       (1) in subsection (a) by adding at the end the following 
     new paragraph:
       ``(4) The operation of five regionally located National 
     Guard Counter-drug Training

[[Page S5261]]

     Centers within the United States for the purposes of 
     providing counter-drug related training to Federal, State, 
     and local law enforcement personnel, as well as for foreign 
     law enforcement personnel participating in the National Guard 
     State Partnership Program.''; and
       (2) in subsection (h)(1), by inserting ``and activities 
     that counter threats posed by local, State, and transnational 
     criminal organizations engaged in drug smuggling and 
     associated illicit activities within and on their borders, 
     as'' after ``drug demand reduction activities''.
                                 ______
                                 
  SA 3758. Mr. NELSON (for himself, Mrs. Shaheen, Mrs. Hagan, Mr. 
Heinrich, Mr. Reed, Mr. King, and Mr. Kaine) 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 24, between lines 6 and 7, insert the following:

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $122,250,000, to remain 
     available until September 30, 2015, which shall be for drug 
     interdiction and counter-drug activities of the United States 
     Southern Command: Provided, That not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the Committees on Appropriations and 
     Armed Services of the Senate and the House of Representatives 
     a report on the use of funds made available by this 
     paragraph, including the amounts provided to any military or 
     security forces of a foreign country and the use of amounts 
     so provided by such forces: Provided further, That such 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 3759. Mr. THUNE (for himself 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:

       On page 23, between lines 10 and 11, insert the following:

     SEC. 21__. LIMITATION ON ACQUISITION.

       (a) In General.--Notwithstanding any other provision of 
     law, except as provided in subsection (b), beginning on the 
     date of enactment of this Act and during each of the 
     subsequent 10 full fiscal years, none of the funds made 
     available to the Secretary under any law may be used--
       (1) to survey land for future acquisition as Federal land; 
     or
       (2) to enter into discussions with non-Federal landowners 
     to identify land for acquisition as Federal land.
       (b) Exception.--Subsection (a) does not apply to the use of 
     funds--
       (1) to complete land transactions underway on the date of 
     enactment of this Act;
       (2) to exchange Federal land for non-Federal land; or
       (3) to accept donations of non-Federal land as Federal 
     land.
       (c) Offsetting Use of Funds.--Funds that would otherwise 
     have been used for the purchase of non-Federal land by the 
     Forest Service shall be used to carry out the supplemental 
     funding for wildland fire management provided under this 
     title.
                                 ______
                                 
  SA 3760. Ms. HIRONO 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 VII, add the following:

     SEC. 737. ENHANCEMENT OF GLOBAL SURVEILLANCE AND RESPONSE 
                   ACTIVITIES REGARDING EMERGING INFECTIOUS 
                   DISEASES.

       (a) Enhancement in Connection With Medical Tracking of 
     Members Deployed Overseas.--As part of the ongoing 
     development of the medical tracking system for members of the 
     Armed Forces deployed overseas under section 1074f of title 
     10, United States Code, the Secretary of Defense may extend 
     and enhance the engagement of the geographic combatant 
     commands and overseas laboratories of the Department of 
     Defense with international infectious disease surveillance 
     partners in order to provide such partners with training, 
     laboratory equipment, and supplies used by the Department to 
     identify and develop force health protection measures. The 
     objective of the extension and enhancement of such engagement 
     shall be to enhance the capacity of such partners to engage 
     in surveillance and response activities regarding emerging 
     infectious diseases overseas.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report setting forth a 
     plan for the exercise of the authority in subsection (a).
                                 ______
                                 
  SA 3761. Mr. REID 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 H of title X, add the following:

     SEC. 1087. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR 
                   CERTAIN INDIVIDUALS.

       (a) Definitions.--In this section--
       (1) the term ``annuity'' includes a survivor annuity of a 
     widow or widower;
       (2) the term ``unfunded liability'' has the meaning given 
     the term under section 8331 of title 5, United States Code; 
     and
       (3) the terms ``widow'' and ``widower'' have the meanings 
     given those terms under section 8341 of title 5, United 
     States Code.
       (b) Amendments.--
       (1) In general.--Section 8332(b) of title 5, United States 
     Code, is amended--
       (A) in paragraph (16), by striking ``and'' at the end;
       (B) in paragraph (17), by striking the period at the end 
     and inserting ``; and'';
       (C) by inserting after paragraph (17) the following:
       ``(18) any period of service performed--
       ``(A) not later than December 31, 1977;
       ``(B) while a citizen of the United States;
       ``(C) in the employ of--
       ``(i) Air America, Inc.; or
       ``(ii) any entity associated with, predecessor to, or 
     subsidiary to Air America, Inc., including--

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

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

[[Page S5262]]

     chapter 83 of title 5, United States Code, determined as if 
     the amendments made by this section had been in effect 
     throughout all periods of service on the basis of which the 
     annuity is or would be based.
       (ii) Submission of election.--An individual shall make an 
     election under clause (i) by submitting an appropriate 
     application to the Office of Personnel Management not later 
     than 2 years after the later of--

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

       (B) Commencement date; retroactivity.--
       (i) In general.--Subject to clause (ii), any entitlement to 
     an annuity or to an increased annuity resulting from an 
     election under subparagraph (A) shall be effective as of the 
     date on which regular monthly annuity payments begin to be 
     made in accordance with the amendments made by this section.
       (ii) No retroactive payments.--An individual may not 
     receive payments for any amounts that would have been 
     payable, if the amendments made by this section had been in 
     effect throughout all periods of service on the basis of 
     which the annuity or increased annuity is or may be based, 
     for periods before the first month for which regular monthly 
     annuity payments begin to be made in accordance with the 
     amendments made by this section.
       (iii) Retroactivity for purposes of entitlement to 
     annuity.--Any determination of the amount of any annuity, all 
     the requirements for entitlement to which (including 
     separation, but not including any application requirement) 
     would have been satisfied before the effective date of this 
     section if this section had been in effect (but would not 
     then otherwise have been satisfied absent this section) shall 
     be made as if application for the annuity had been submitted 
     as of the earliest date that would have been allowable, after 
     the date on which the individual separated from service, if 
     the amendments made by this section had been in effect 
     throughout the periods of service referred to in subparagraph 
     (A)(i).
       (4) Survivor annuities for surviving spouses only.--
     Notwithstanding section 8341 of title 5, United States Code, 
     or any other provision of law, an individual other than a 
     widow or a widower shall not be entitled to an annuity or 
     increased annuity under subchapter III of chapter 83 of such 
     title based on service described in section 8332(b)(18) of 
     such title (as added by subsection (b)(1)(C)) performed by a 
     deceased individual.
       (d) Funding.--Any increase in the unfunded liability of the 
     Civil Service Retirement System attributable to the enactment 
     of this section shall be financed in accordance with section 
     8348(f) of title 5, United States Code.
       (e) Regulations and Special Rule.--
       (1) In general.--The Director of the Office of Personnel 
     Management shall promulgate regulations necessary to carry 
     out this section, which shall include provisions under which 
     rules similar to those established under the amendments made 
     by section 201 of the Federal Employees' Retirement System 
     Act of 1986 (Public Law 99-335; 100 Stat. 588) shall be 
     applied with respect to any service described in section 
     8332(b)(18) of title 5, United States Code (as added by 
     subsection (b)(1)(C)) that was subject to title II of the 
     Social Security Act.
       (2) Special rule.--For purposes of any application for any 
     benefit which is computed or recomputed taking into account 
     any service described in section 8332(b)(18) of title 5, 
     United States Code (as added by subsection (b)(1)(C)), 
     section 8345(i)(2) of such title shall be applied by deeming 
     the reference to the date of the ``other event which gives 
     rise to title to the benefit'' to refer to the effective date 
     of this section, if later than the date of the event that 
     would otherwise apply.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first fiscal year beginning after the date of enactment of 
     this section.
                                 ______
                                 
  SA 3762. Mr. REID 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 H of title X, add the following:

     SEC. 1087. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR 
                   CERTAIN INDIVIDUALS.

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

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

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

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

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

[[Page S5263]]

       (4) No right to survivor annuity.--Notwithstanding section 
     8341 of title 5, United States Code, or any other provision 
     of law, an individual shall not be entitled to an annuity or 
     increased annuity under subchapter III of chapter 83 of such 
     title based on service described in section 8332(b)(18) of 
     such title (as added by subsection (b)(1)(C)) performed by a 
     deceased individual.
       (d) Funding.--Any increase in the unfunded liability of the 
     Civil Service Retirement System attributable to the enactment 
     of this section shall be financed in accordance with section 
     8348(f) of title 5, United States Code.
       (e) Regulations.--The Director of the Office of Personnel 
     Management shall promulgate regulations necessary to carry 
     out this section, which shall include provisions under which 
     rules similar to those established under the amendments made 
     by section 201 of the Federal Employees' Retirement System 
     Act of 1986 (Public Law 99-335; 100 Stat. 588) shall be 
     applied with respect to any service described in section 
     8332(b)(18) of title 5, United States Code (as added by 
     subsection (b)(1)(C)) that was subject to title II of the 
     Social Security Act.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first fiscal year beginning after the date of enactment of 
     this section.
                                 ______
                                 
  SA 3763. Mr. REID 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 H of title X, add the following:

     SEC. 1087. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR 
                   CERTAIN INDIVIDUALS.

       (a) Definitions.--In this section--
       (1) the term ``annuity'' includes a survivor annuity; and
       (2) the terms ``survivor'', ``survivor annuitant'', and 
     ``unfunded liability'' have the meanings given those terms 
     under section 8331 of title 5, United States Code.
       (b) Amendments.--
       (1) In general.--Section 8332(b) of title 5, United States 
     Code, is amended--
       (A) in paragraph (16), by striking ``and'' at the end;
       (B) in paragraph (17), by striking the period at the end 
     and inserting ``; and'';
       (C) by inserting after paragraph (17) the following:
       ``(18) any period of service performed--
       ``(A) not later than December 31, 1977;
       ``(B) while a citizen of the United States;
       ``(C) in the employ of--
       ``(i) Air America, Inc.; or
       ``(ii) any entity associated with, predecessor to, or 
     subsidiary to Air America, Inc., including Air Asia Company 
     Limited, CAT Incorporated, Civil Air Transport Company 
     Limited, and the Pacific Division of Southern Air Transport; 
     and
       ``(D) during the period that Air America, Inc. or such 
     other entity described in subparagraph (C) was owned and 
     controlled by the United States Government.''; and
       (D) in the second undesignated paragraph following 
     paragraph (18) (as added by subparagraph (C)), by adding at 
     the end the following: ``For purposes of this subchapter, 
     service of the type described in paragraph (18) of this 
     subsection shall be considered to have been service as an 
     employee.''.
       (2) Exemption from deposit requirement.--Section 8334(g) of 
     title 5, United States Code, is amended--
       (A) in paragraph (5), by striking ``or'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting `` ; or''; and
       (C) by adding at the end the following:
       ``(7) any period of service for which credit is allowed 
     under section 8332(b)(18) of this title.''.
       (c) Applicability.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     with respect to annuities commencing on or after the 
     effective date of this section.
       (2) Provisions relating to current annuitants.--
       (A) Election.--Any individual who is entitled to an annuity 
     for the month in which this section becomes effective may 
     elect to have the amount of such annuity recomputed as if the 
     amendments made by this section had been in effect throughout 
     all periods of service on the basis of which the annuity is 
     or may be based.
       (B) Submission of election.--An individual shall make an 
     election under subparagraph (A) by submitting an appropriate 
     application to the Office of Personnel Management not later 
     than 2 years after the effective date of this section.
       (C) Effective date of recomputation; retroactive pay as 
     lump-sum payment.--
       (i) Effective date.--A recomputation under subparagraph (A) 
     shall be effective as of the commencement date of the 
     annuity.
       (ii) Retroactive pay as lump-sum payment.--Any additional 
     amounts becoming payable, due to a recomputation under 
     subparagraph (A), for periods before the first month for 
     which the recomputation is reflected in the regular monthly 
     annuity payments of an individual shall be payable to the 
     individual in the form of a lump-sum payment.
       (3) Provisions relating to individuals eligible for (but 
     not currently receiving) an annuity.--
       (A) In general.--
       (i) Election.--An individual not described in paragraph (2) 
     who becomes eligible for an annuity or an increased annuity 
     as a result of the enactment of this section may elect to 
     have the rights of the individual under subchapter III of 
     chapter 83 of title 5, United States Code, determined as if 
     the amendments made by this section had been in effect 
     throughout all periods of service on the basis of which the 
     annuity is or would be based.
       (ii) Submission of election.--An individual shall make an 
     election under clause (i) by submitting an appropriate 
     application to the Office of Personnel Management not later 
     than 2 years after the later of--

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

       (B) Effective date of entitlement; retroactivity.--
       (i) Effective date.--

       (I) In general.--Subject to clause (ii), any entitlement to 
     an annuity or an increased annuity resulting from an election 
     under subparagraph (A) shall be effective as of the 
     commencement date of the annuity.
       (II) Retroactive pay as lump-sum payment.--Any amounts 
     becoming payable for periods before the first month for which 
     regular monthly annuity payments begin to be made in 
     accordance with the amendments made by this section shall be 
     payable to the individual in the form of a lump-sum payment.

       (ii) Retroactivity.--Any determination of the amount, or of 
     the commencement date, of any annuity, all the requirements 
     for entitlement to which (including separation, but not 
     including any application requirement) would have been 
     satisfied before the effective date of this section if this 
     section had been in effect (but would not then otherwise have 
     been satisfied absent this section) shall be made as if 
     application for the annuity had been submitted as of the 
     earliest date that would have been allowable, after the date 
     on which the individual separated from service, if the 
     amendments made by this section had been in effect throughout 
     the periods of service referred to in subparagraph (A)(i).
       (4) Right to file on behalf of a decedent.--
       (A) In general.--The regulations promulgated under 
     subsection (e)(1) shall include provisions, in accordance 
     with the order of precedence under section 8342(c) of title 
     5, United States Code, under which a survivor of an 
     individual who performed service described in section 
     8332(b)(18) of such title (as added by subsection (b)(1)(C)) 
     shall be allowed to submit an application on behalf of and to 
     receive any lump-sum payment that would otherwise have been 
     payable to the decedent under paragraph (2)(C)(ii) or 
     (3)(B)(i)(II) of this subsection.
       (B) Submission of application.--An application under this 
     paragraph shall not be valid unless it is filed not later 
     than the later of--
       (i) 2 years after the effective date of this section; or
       (ii) 1 year after the date of the decedent's death.
       (d) Funding.--
       (1) Lump-sum payments.--Any lump-sum payment under 
     paragraph (2)(C)(ii) or (3)(B)(i)(II) of subsection (c) shall 
     be payable out of the Civil Service Retirement and Disability 
     Fund.
       (2) Unfunded liability.--Any increase in the unfunded 
     liability of the Civil Service Retirement System attributable 
     to the enactment of this section shall be financed in 
     accordance with section 8348(f) of title 5, United States 
     Code.
       (e) Regulations and Special Rule.--
       (1) In general.--The Director of the Office of Personnel 
     Management shall promulgate any regulations necessary to 
     carry out this section, which shall include provisions under 
     which rules similar to those established under the amendments 
     made by section 201 of the Federal Employees' Retirement 
     System Act of 1986 (Public Law 99-335; 100 Stat. 588) shall 
     be applied with respect to any service described in section 
     8332(b)(18) of title 5, United States Code (as added by 
     subsection (b)(1)(C)) that was subject to title II of the 
     Social Security Act.
       (2) Special rule.--For purposes of any application for any 
     benefit which is computed or recomputed taking into account 
     any service described in section 8332(b)(18) of title 5, 
     United States Code (as added by subsection (b)(1)(C)), 
     section 8345(i)(2) of such title shall be applied by deeming 
     the reference to the date of the ``other event which gives 
     rise to title to the benefit'' to refer to the effective date 
     of this section, if later than the date of the event that 
     would otherwise apply.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first fiscal year beginning after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 3764. Mr. REID 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

[[Page S5264]]

of Defense, for military construction, and for defense activities of 
the Department of Energy, to 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 VI, add the following:

     SEC. 626. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR MILITARY 
                   RETIREES WITH COMPENSABLE SERVICE-CONNECTED 
                   DISABILITIES.

       (a) Restatement of Current Concurrent Payment Authority 
     With Extension of Payment Authority to Retirees With 
     Compensable Service-Connected Disabilities Rated Less Than 50 
     Percent Disabling.--Subsection (a) of section 1414 of title 
     10, United States Code, is amended by striking paragraphs (1) 
     and (2) and inserting the following new paragraphs:
       ``(1) In general.--Subject to paragraphs (2), (3), and (4) 
     and subsection (b), a member or former member of the 
     uniformed services who is entitled for any month to retired 
     pay and who is also entitled for that month to veterans' 
     disability compensation for a service-connected disability or 
     combination of service-connected disabilities that is 
     compensable under the laws administered by the Secretary of 
     Veterans Affairs (hereinafter in this section referred to as 
     `qualified retiree') is entitled to be paid both for that 
     month without regard to sections 5304 and 5305 of title 38.
       ``(2) One-year phase-in for qualified retirees with total 
     disabilities.--During the period beginning on January 1, 
     2004, and ending on December 31, 2004, payment of retired pay 
     to a qualified retiree is subject to subsection (c) if the 
     qualified retiree is any of the following:
       ``(A) A qualified retiree receiving veterans' disability 
     compensation for a disability rated as 100 percent disabling 
     by the Secretary of Veterans Affairs.
       ``(B) A qualified retiree receiving veterans' disability 
     compensation at the rate payable for a disability rated as 
     100 percent disabling by reason of a determination of 
     individual unemployability.
       ``(3) 10-year phase-in for qualified retirees with 
     disabilities rated 50 percent disabling or higher.--During 
     the period beginning on January 1, 2004, and ending on 
     December 31, 2013, payment of retired pay to a qualified 
     retiree is subject to subsection (c) if the qualified retiree 
     is entitled to veterans' disability compensation for a 
     service-connected disability or combination of service-
     connected disabilities that is rated not less than 50 percent 
     disabling by the Secretary of Veterans Affairs.
       ``(4) 10-year phase-in for qualified retirees with 
     compensable disabilities rated less than 50 percent 
     disabling.--During the period beginning on January 1, 2016, 
     and ending on December 31, 2025, payment of retired pay to a 
     qualified retiree is subject to subsection (d) if the 
     qualified retiree is entitled to veterans' disability 
     compensation for a service-connected disability or 
     combination of service-connected disabilities that is rated 
     less than 50 percent disabling by the Secretary of Veterans 
     Affairs but is compensable under the laws administered by the 
     Secretary of Veterans Affairs.''.
       (b) Phase-in for Qualified Retirees With Compensable 
     Disabilities Rated Less Than 50 Percent Disabling.--Such 
     section is further amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Phase-in of Full Concurrent Receipt for Qualified 
     Retirees With Compensable Disabilities Rated Less Than 50 
     Percent Disabling.--During the period beginning on January 1, 
     2016, and ending on December 31, 2025, retired pay payable to 
     a qualified retiree that pursuant to subsection (a)(4) is 
     subject to this subsection shall be determined as follows:
       ``(1) Calendar year 2016.--For a month during 2016, the 
     amount of retired pay payable to a qualified retiree is the 
     amount (if any) of retired pay in excess of the current 
     baseline offset plus the following:
       ``(A) For a month for which the retiree receives veterans' 
     disability compensation for a disability rated as 40 percent 
     disabling, $___.
       ``(B) For a month for which the retiree receives veterans' 
     disability compensation for a disability rated as 30 percent 
     disabling, $___.
       ``(C) For a month for which the retiree receives veterans' 
     disability compensation for a disability rated as 20 percent 
     disabling, $___.
       ``(D) For a month for which the retiree receives veterans' 
     disability compensation for a disability rated as 10 percent 
     disabling, $___.
       ``(2) Calendar year 2017.--For a month during 2017, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount specified in paragraph (1) for that 
     qualified retiree; and
       ``(B) 10 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount specified in paragraph 
     (1) for that member's disability.
       ``(3) Calendar year 2018.--For a month during 2018, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (2) for that 
     qualified retiree; and
       ``(B) 20 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (2) for that qualified retiree.
       ``(4) Calendary year 2018.--For a month during 2019, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (3) for that 
     qualified retiree; and
       ``(B) 30 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (3) for that qualified retiree.
       ``(5) Calendar year 2020.--For a month during 2020, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (4) for that 
     qualified retiree; and
       ``(B) 40 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (4) for that qualified retiree.
       ``(6) Calendar year 2021.--For a month during 2021, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (5) for that 
     qualified retiree; and
       ``(B) 50 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (5) for that qualified retiree.
       ``(7) Calendar year 2022.--For a month during 2022, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (6) for that 
     qualified retiree; and
       ``(B) 60 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (6) for that qualified retiree.
       ``(8) Calendar year 2023.--For a month during 2023, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (7) for that 
     qualified retiree; and
       ``(B) 70 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (7) for that qualified retiree.
       ``(9) Calendar year 2024.--For a month during 2024, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (8) for that 
     qualified retiree; and
       ``(B) 80 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (8) for that qualified retiree.
       ``(10) Calendar year 2025.--For a month during 2025, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (9) for that 
     qualified retiree; and
       ``(B) 90 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (9) for that qualified retiree.
       ``(11) General limitation.--Retired pay determined under 
     this subsection for a qualified retiree, if greater than the 
     amount of retired pay otherwise applicable to that qualified 
     retiree, shall be reduced to the amount of retired pay 
     otherwise applicable to that qualified retiree.''.
       (c) Conforming Amendments to Phase-in for Qualified 
     Retirees With Disabilities Rated 50 Percent Disabling or 
     Higher.--Subsection (c) of such section is amended--
       (1) in the subsection caption, by inserting ``for Qualified 
     Retirees With Disabilities Rated 50 Percent Disabling or 
     Higher'' after ``Full Concurrent Receipt''; and
       (2) by striking ``the second sentence of subsection 
     (a)(1)'' and inserting ``subsection (a)(3)''.
       (d) Clerical Amendments.--
       (1) The heading of such section is amended to read as 
     follows:

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

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

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

       (e) Effective Date.--The amendments made by this section 
     shall take effect on December 31, 2015, and shall apply to 
     payments for months beginning on or after that date.

     SEC. 627. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendment To Standardize Similar Provisions.--Paragraph 
     (2) of section 1414(b) of title 10, United States Code, is 
     amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on

[[Page S5265]]

     July 1, 2015, and shall apply to payments for months 
     beginning on or after that date.
                                 ______
                                 
  SA 3765. Mr. REID 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 VI, add the following:

     SEC. 626. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR CERTAIN 
                   MILITARY RETIREES WITH COMPENSABLE SERVICE-
                   CONNECTED DISABILITIES.

       (a) Extension of Concurrent Receipt Authority to Retirees 
     With Service-Connected Disabilities Rated Less Than 50 
     Percent.--Subsection (a) of section 1414 of title 10, United 
     States Code, is amended by striking paragraph (2).
       (b) Clerical Amendments.--
       (1) The heading of such section is amended to read as 
     follows:

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

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

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

       (c) Effective Date.--The amendments made by this section 
     shall take effect on July 1, 2015, and shall apply to 
     payments for months beginning on or after that date.

     SEC. 627. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendments To Standardize Similar Provisions.--
       (1) Qualified retirees.--Subsection (a) of section 1414 of 
     title 10, United States Code, as amended by section 626(a) of 
     this Act, is further amended--
       (A) by striking ``a member or'' and all that follows 
     through ``retiree')'' and inserting ``a qualified retiree''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(2) Qualified retirees.--For purposes of this section, a 
     qualified retiree, with respect to any month, is a member or 
     former member of the uniformed services who--
       ``(A) is entitled to retired pay (other than by reason of 
     section 12731b of this title); and
       ``(B) is also entitled for that month to veterans' 
     disability compensation.''.
       (2) Disability retirees.--Paragraph (2) of subsection (b) 
     of section 1414 of such title is amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on July 1, 2015, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 3766. Mr. REID 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 VI, add the following:

     SEC. 626. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR MILITARY 
                   RETIREES WITH SERVICE-CONNECTED DISABILITIES 
                   RATED 40 PERCENT DISABLING.

       (a) In General.--Subsection (a)(2) of section 1414 of title 
     10, United States Code, is amended by striking ``means'' and 
     all that follows and inserting ``means the following:
       ``(A) During the period beginning on January 1, 2004, and 
     ending on June 30, 2015, a service-connected disability or 
     combination of service-connected disabilities that is rated 
     as not less than 50 percent disabling by the Secretary of 
     Veterans Affairs.
       ``(B) After June 30, 2015, a service-connected disability 
     or combination of service-connected disabilities that is 
     rated as not less than 40 percent disabling by the Secretary 
     of Veterans Affairs.''.
       (b) Clerical Amendments.--
       (1) The heading of such section is amended to read as 
     follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation rated 40 
       percent or higher: concurrent payment of retired pay and 
       disability compensation''.

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

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation rated 40 percent or 
              higher: concurrent payment of retired pay and disability 
              compensation.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on July 1, 2015, and shall apply to 
     payments for months beginning on or after that date.

     SEC. 627. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendment To Standardize Similar Provisions.--Paragraph 
     (2) of section 1414(b) of title 10, United States Code, is 
     amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on July 1, 2015, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 3767. Mr. CARPER 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 appropriate place, insert the following:

     SEC. ___. PERSONNEL APPOINTMENT AUTHORITY.

       (a) In General.--Section 306 of the Homeland Security Act 
     of 2002 (6 U.S.C. 186) is amended by adding at the end the 
     following:
       ``(e) Personnel Appointment Authority.--
       ``(1) In general.--In appointing employees to positions in 
     the Directorate of Science and Technology, the Secretary 
     shall have the hiring and management authorities described in 
     section 1101 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note; 
     Public Law 105-261) (referred to in this subsection as 
     `section 1101').
       ``(2) Term of appointments.--The term of appointments for 
     employees under subsection (c)(1) of section 1101 may not 
     exceed 5 years before the granting of any extension under 
     subsection (c)(2) of that section.''.
       (b) Conforming Amendments.--Section 307(b) of the Homeland 
     Security Act of 2002 (6 U.S.C. 187(b)) is amended by--
       (1) striking paragraph (6); and
       (2) redesignating paragraph (7) as paragraph (6).
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section shall be construed to limit the authority 
     granted under paragraph (6) of section 307(b) of the Homeland 
     Security Act of 2002 (6 U.S.C. 187(b)), as in effect on the 
     day before the date of enactment of this Act.
                                 ______
                                 
  SA 3768. Mr. CARPER (for himself, Mr. Harkin, and Ms. Hirono) 
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:

       Beginning on page 113, strike line 15 and all that follows 
     through page 115, line 2, and insert the following:
       (b) Availability of Higher Education Component Online.--
       (1) Members of the armed forces.--Not later than one year 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall ensure that the higher education component of 
     the Transition Assistance Program is available to members of 
     the Armed Forces on an Internet website of the Department of 
     Defense so that members have an option to complete such 
     component electronically and remotely.
       (2) Veterans.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall ensure that the higher education component of

[[Page S5266]]

     the Transition Assistance Program is available to veterans 
     and their dependents on an Internet website of the Department 
     of Veterans Affair so that veterans and their dependents have 
     an option to complete such component electronically and 
     remotely.
       (c) Notice of Availability of Higher Education Component 
     Upon Request for Certificate of Entitlement to Certain 
     Educational Assistance.--
       (1) Tuition assistance.--
       (A) In general.--Whenever a member of the Armed Forces 
     requests a certificate from the Secretary of Defense to prove 
     entitlement to educational assistance under section 2007 of 
     title 10, United States Code, the Secretary shall notify the 
     member of the availability of the higher education component 
     of the Transition Assistance Program online pursuant to 
     subsection (b)(1).
       (B) Guidance required.--The Secretary of Defense shall 
     carry out this paragraph with such guidance as the Secretary 
     considers appropriate.
       (2) Post-9/11 educational assistance.--
       (A) In general.--Whenever a veteran or a dependent of a 
     veteran requests a certificate from the Secretary of Veterans 
     Affairs to prove entitlement to educational assistance under 
     chapter 33 of title 38, United States Code, the Secretary 
     shall notify the veteran or dependent of the availability of 
     the higher education component of the Transition Assistance 
     Program online pursuant to subsection (b)(2).
       (B) Guidance required.--The Secretary of Veterans Affairs 
     shall carry out this paragraph with such guidance as the 
     Secretary considers appropriate.
       (d) Tracking Completion of Higher Education Component 
     Online.--
       (1) In general.--The Secretary of Veterans Affairs, in 
     collaboration with the Secretary of Defense, shall develop a 
     mechanism to track the completion by veterans and their 
     dependents of the higher education component of the 
     Transition Assistance Program made available online pursuant 
     to subsection (b)(2).
       (2) Notice to congress.--When the Secretary of Veterans 
     Affairs has completed development of the mechanism required 
     by paragraph (1), the Secretary of Veterans Affairs shall 
     submit to Congress notice of such completion.
       (e) Report.--Not later than 180 days after the date on 
     which the Secretary of Veterans Affairs submits notice under 
     subsection (d)(2), the Secretary of Veterans Affairs shall 
     submit to Congress a report on--
       (1) the number of veterans and the number of dependents to 
     whom the Secretary of Veterans Affairs provided notice 
     pursuant to subsection (c)(2)(A); and
       (2) the number of veterans and the number of dependents who 
     completed the higher education component of the Transition 
     Assistance Program electronically and remotely.
       (f) Definitions.--In this section:
       (1) The term ``institution of higher learning'' has the 
     meaning given such term in section 3452 of title 38, United 
     States Code.
       (2) The term ``type of institution of higher learning'' 
     means the following types of institutions of higher learning:
       (A) An educational institution described in section 101(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
       (B) An educational institution described in subsection (b) 
     of section 102 of such Act (20 U.S.C. 1002).
       (C) An educational institution described in subsection (c) 
     of such section.

     SEC. 534. SHARING OF INFORMATION AMONG DEPARTMENT OF 
                   EDUCATION, DEPARTMENT OF VETERANS AFFAIRS, AND 
                   DEPARTMENT OF DEFENSE TO FACILITATE ASSESSMENT.

       (a) Sharing of Information to Assess Student Loan Debt.--
       (1) Plan.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Education, the 
     Secretary of Defense, and the Secretary of Veterans Affairs 
     shall jointly develop and implement a plan to share 
     information that will enable the Secretary of Education to 
     distinguish members of the Armed Forces and veterans in the 
     student loan databases of the Department of Education for the 
     purposes of determining aggregate information on student loan 
     debt incurred by the member and veteran populations.
       (2) Elements of information shared by secretary of veterans 
     affairs.--Information to be shared by the Secretary of 
     Veterans Affairs from databases of the Department of Veterans 
     Affairs under paragraph (1) shall include the following:
       (A) The type and extent of educational assistance provided 
     under laws administered by the Secretary of Veterans Affairs, 
     including chapters 30 and 33 of title 38, United States Code.
       (B) The names of the educational institutions at which 
     individuals pursue programs of education with educational 
     assistance provided under such laws.
       (C) The extent of assistance provided under the Yellow 
     Ribbon G.I. Education Enhancement Program.
       (D) The degree of exhaustion of entitlement to such 
     assistance.
       (E) To what degree an overpayment of such assistance is 
     made.
       (F) Such other information as the Secretary of Veterans 
     Affairs and the Secretary of Education consider appropriate.
       (b) Annual Report on Student Loan Debt Incurred by 
     Veterans.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act and not less frequently than once 
     each year thereafter, the Secretary of Education, in 
     consultation with the Secretary of Veterans Affairs, shall 
     submit to Congress a report on debt incurred by veterans to 
     pursue programs of education at institutions of higher 
     learning.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The extent of debt incurred by veterans to pursue 
     programs of education at institutions of higher learning, 
     disaggregated by type of institution of higher learning, 
     including the following:
       (i) How the debt compares to the debt incurred by 
     individuals who are not veterans.
       (ii) The status of repayment of and default on such debt 
     and how that compares to the repayment of and default on debt 
     incurred by individuals who are not veterans to pursue 
     programs of education at institutions of higher learning.
       (iii) The proportion of veterans who do not incur any 
     Federal student loan debt to pursue a program of education at 
     an institution of higher learning.
       (B) Assessment and analysis of the factors that contribute 
     to the debt incurred by veterans in their pursuit of programs 
     of education at institutions of higher learning, 
     disaggregated by type of institution of higher learning, 
     including the following:
       (i) The extent of coverage of educational assistance under 
     laws administered by the Secretary of Veterans Affairs.
       (ii) The exhaustion of entitlement to educational 
     assistance under laws administered by the Secretary of 
     Veterans Affairs.
       (iii) The availability of assistance under the Yellow 
     Ribbon G.I. Education Enhancement Program.
       (iv) Such other factors as the Secretary of Education 
     considers appropriate.
       (C) Such recommendations as the Secretary of Education may 
     have for legislative or administrative action to address such 
     issues as the Secretary of Education may have identified 
     concerning debt incurred by veterans to pursue programs of 
     education at institutions of higher learning.
       (c) Sharing of Information on Institutions of Higher 
     Learning.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Education, in 
     consultation with the Secretary of Defense and the Secretary 
     of Veterans Affairs, shall establish an automated system to 
     enable the Department of Education, the Department of 
     Veterans Affairs, and the Department of Defense to more 
     efficiently share information pertaining to the same 
     institutions of higher learning.
       (d) Definitions.--In this section:
       (1) The term ``institution of higher learning'' has the 
     meaning given such term in section 3452 of title 38, United 
     States Code.
       (2) The term ``type of institution of higher learning'' 
     means the following types of institutions of higher learning:
       (A) An educational institution described in section 101(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
       (B) An educational institution described in subsection (b) 
     of section 102 of such Act (20 U.S.C. 1002).
       (C) An educational institution described in subsection (c) 
     of such section.
                                 ______
                                 
  SA 3769. Mr. CARPER 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 VIII, add the following:

     SEC. 864. EXTENSION OF AUTHORITY TO PROTEST TASK AND DELIVERY 
                   ORDERS UNDER CIVILIAN CONTRACTS.

       Section 4106(f) of title 41, United States Code, is amended 
     by striking paragraph (3).
                                 ______
                                 
  SA 3770. Mr. CARPER 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 title X, add the following:

                Subtitle I--Federal Information Security

     SEC. 1091. FISMA REFORM.

       (a) In General.--Chapter 35 of title 44, United States 
     Code, is amended by striking subchapters II and III and 
     inserting the following:

                 ``SUBCHAPTER II--INFORMATION SECURITY

     ``Sec. 3551. Purposes

       ``The purposes of this subchapter are to--
       ``(1) provide a comprehensive framework for ensuring the 
     effectiveness of information

[[Page S5267]]

     security controls over information resources that support 
     Federal operations and assets;
       ``(2) recognize the highly networked nature of the current 
     Federal computing environment and provide effective 
     governmentwide management and oversight of the related 
     information security risks, including coordination of 
     information security efforts throughout the civilian, 
     national security, and law enforcement communities;
       ``(3) provide for development and maintenance of minimum 
     controls required to protect Federal information and 
     information systems;
       ``(4) provide a mechanism for improved oversight of Federal 
     agency information security programs;
       ``(5) acknowledge that commercially developed information 
     security products offer advanced, dynamic, robust, and 
     effective information security solutions, reflecting market 
     solutions for the protection of critical information 
     infrastructures important to the national defense and 
     economic security of the nation that are designed, built, and 
     operated by the private sector; and
       ``(6) recognize that the selection of specific technical 
     hardware and software information security solutions should 
     be left to individual agencies from among commercially 
     developed products.

     ``Sec. 3552. Definitions

       ``(a) In General.--Except as provided under subsection (b), 
     the definitions under section 3502 shall apply to this 
     subchapter.
       ``(b) Additional Definitions.--As used in this subchapter:
       ``(1) The term `binding operational directive' means a 
     compulsory direction to an agency that is in accordance with 
     policies, principles, standards, and guidelines issued by the 
     Director.
       ``(2) The term `incident' means an occurrence that--
       ``(A) actually or imminently jeopardizes, without lawful 
     authority, the integrity, confidentiality, or availability of 
     information or an information system; or
       ``(B) constitutes a violation or imminent threat of 
     violation of law, security policies, security procedures, or 
     acceptable use policies.
       ``(3) The term `information security' means protecting 
     information and information systems from unauthorized access, 
     use, disclosure, disruption, modification, or destruction in 
     order to provide--
       ``(A) integrity, which means guarding against improper 
     information modification or destruction, and includes 
     ensuring information nonrepudiation and authenticity;
       ``(B) confidentiality, which means preserving authorized 
     restrictions on access and disclosure, including means for 
     protecting personal privacy and proprietary information; and
       ``(C) availability, which means ensuring timely and 
     reliable access to and use of information.
       ``(4) The term `information technology' has the meaning 
     given that term in section 11101 of title 40.
       ``(5) The term `intelligence community' has the meaning 
     given that term in section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 3003(4)).
       ``(6)(A) The term `national security system' means any 
     information system (including any telecommunications system) 
     used or operated by an agency or by a contractor of an 
     agency, or other organization on behalf of an agency--
       ``(i) the function, operation, or use of which--
       ``(I) involves intelligence activities;
       ``(II) involves cryptologic activities related to national 
     security;
       ``(III) involves command and control of military forces;
       ``(IV) involves equipment that is an integral part of a 
     weapon or weapons system; or
       ``(V) subject to subparagraph (B), is critical to the 
     direct fulfillment of military or intelligence missions; or
       ``(ii) is protected at all times by procedures established 
     for information that have been specifically authorized under 
     criteria established by an Executive order or an Act of 
     Congress to be kept classified in the interest of national 
     defense or foreign policy.
       ``(B) Subparagraph (A)(i)(V) does not include a system that 
     is to be used for routine administrative and business 
     applications (including payroll, finance, logistics, and 
     personnel management applications).
       ``(7) The term `Secretary' means the Secretary of Homeland 
     Security.

     ``Sec. 3553. Authority and functions of the Director and the 
       Secretary

       ``(a) Director.--The Director shall oversee agency 
     information security policies, including--
       ``(1) developing and overseeing the implementation of 
     policies, principles, standards, and guidelines on 
     information security, including through ensuring timely 
     agency adoption of and compliance with standards promulgated 
     under section 11331 of title 40;
       ``(2) requiring agencies, consistent with the standards 
     promulgated under such section 11331 and the requirements of 
     this subchapter, to identify and provide information security 
     protections commensurate with the risk and magnitude of the 
     harm resulting from the unauthorized access, use, disclosure, 
     disruption, modification, or destruction of--
       ``(A) information collected or maintained by or on behalf 
     of an agency; or
       ``(B) information systems used or operated by an agency or 
     by a contractor of an agency or other organization on behalf 
     of an agency;
       ``(3) ensuring that the Secretary carries out the 
     authorities and functions under subsection (b);
       ``(4) coordinating the development of standards and 
     guidelines under section 20 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3) with agencies 
     and offices operating or exercising control of national 
     security systems (including the National Security Agency) to 
     assure, to the maximum extent feasible, that such standards 
     and guidelines are complementary with standards and 
     guidelines developed for national security systems;
       ``(5) overseeing agency compliance with the requirements of 
     this subchapter, including through any authorized action 
     under section 11303 of title 40, to enforce accountability 
     for compliance with such requirements;
       ``(6) coordinating information security policies and 
     procedures with related information resources management 
     policies and procedures; and
       ``(7) consulting with the Secretary in carrying out the 
     authorities and functions under this subsection.
       ``(b) Secretary.--The Secretary, in consultation with the 
     Director, shall oversee the operational aspects of agency 
     information security policies and practices for information 
     systems, except for national security systems and information 
     systems described in paragraph (2) or (3) of subsection (e), 
     including--
       ``(1) assisting the Director in carrying out the 
     authorities and functions under subsection (a);
       ``(2) developing and overseeing the implementation of 
     binding operational directives to agencies to implement the 
     policies, principles, standards, and guidelines developed by 
     the Director under subsection (a)(1) and the requirements of 
     this subchapter, which may be repealed by the Director if the 
     operational directives issued on behalf of the Director are 
     not in accordance with policies, principles, standards, and 
     guidelines developed by the Director, including--
       ``(A) requirements for reporting security incidents to the 
     Federal information security incident center established 
     under section 3556;
       ``(B) requirements for the contents of the annual reports 
     required to be submitted under section 3554(c)(1);
       ``(C) requirements for the mitigation of exigent risks to 
     information systems; and
       ``(D) other operational requirements as the Director or 
     Secretary may determine necessary;
       ``(3) monitoring agency implementation of information 
     security policies and practices;
       ``(4) convening meetings with senior agency officials to 
     help ensure effective implementation of information security 
     policies and practices;
       ``(5) coordinating Government-wide efforts on information 
     security policies and practices, including consultation with 
     the Chief Information Officers Council established under 
     section 3603;
       ``(6) providing operational and technical assistance to 
     agencies in implementing policies, principles, standards, and 
     guidelines on information security, including implementation 
     of standards promulgated under section 11331 of title 40, 
     including by--
       ``(A) operating the Federal information security incident 
     center established under section 3556;
       ``(B) upon request by an agency, deploying technology to 
     assist the agency to continuously diagnose and mitigate 
     against cyber threats and vulnerabilities, with or without 
     reimbursement;
       ``(C) compiling and analyzing data on agency information 
     security; and
       ``(D) developing and conducting targeted operational 
     evaluations, including threat and vulnerability assessments, 
     on the information systems; and
       ``(7) other actions as the Secretary may determine 
     necessary to carry out this subsection on behalf of the 
     Director.
       ``(c) Report.--Not later than March 1 of each year, the 
     Director, in consultation with the Secretary, shall submit to 
     Congress a report on the effectiveness of information 
     security policies and practices during the preceding year, 
     including--
       ``(1) a summary of the incidents described in the annual 
     reports required to be submitted under section 3554(c)(1), 
     including a summary of the information required under section 
     3554(c)(1)(A)(iii);
       ``(2) a description of the threshold for reporting major 
     information security incidents;
       ``(3) a summary of the results of evaluations required to 
     be performed under section 3555;
       ``(4) an assessment of agency compliance with standards 
     promulgated under section 11331 of title 40; and
       ``(5) an assessment of agency compliance with the policies 
     and procedures established under section 3559(a).
       ``(d) National Security Systems.--Except for the 
     authorities and functions described in subsection (a)(4) and 
     subsection (c), the authorities and functions of the Director 
     and the Secretary under this section shall not apply to 
     national security systems.
       ``(e) Department of Defense and Intelligence Community 
     Systems.--(1) The authorities of the Director described in 
     paragraphs (1) and (2) of subsection (a) shall be delegated 
     to the Secretary of Defense in the case of systems described 
     in paragraph (2)

[[Page S5268]]

     and to the Director of National Intelligence in the case of 
     systems described in paragraph (3).
       ``(2) The systems described in this paragraph are systems 
     that are operated by the Department of Defense, a contractor 
     of the Department of Defense, or another entity on behalf of 
     the Department of Defense that processes any information the 
     unauthorized access, use, disclosure, disruption, 
     modification, or destruction of which would have a 
     debilitating impact on the mission of the Department of 
     Defense.
       ``(3) The systems described in this paragraph are systems 
     that are operated by an element of the intelligence 
     community, a contractor of an element of the intelligence 
     community, or another entity on behalf of an element of the 
     intelligence community that processes any information the 
     unauthorized access, use, disclosure, disruption, 
     modification, or destruction of which would have a 
     debilitating impact on the mission of an element of the 
     intelligence community.

     ``Sec. 3554. Federal agency responsibilities

       ``(a) In General.--The head of each agency shall--
       ``(1) be responsible for--
       ``(A) providing information security protections 
     commensurate with the risk and magnitude of the harm 
     resulting from unauthorized access, use, disclosure, 
     disruption, modification, or destruction of--
       ``(i) information collected or maintained by or on behalf 
     of the agency; and
       ``(ii) information systems used or operated by an agency or 
     by a contractor of an agency or other organization on behalf 
     of an agency;
       ``(B) complying with the requirements of this subchapter 
     and related policies, procedures, standards, and guidelines, 
     including--
       ``(i) information security standards promulgated under 
     section 11331 of title 40;
       ``(ii) operational directives developed by the Secretary 
     under section 3553(b);
       ``(iii) policies and procedures issued by the Director 
     under section 3559; and
       ``(iv) information security standards and guidelines for 
     national security systems issued in accordance with law and 
     as directed by the President; and
       ``(C) ensuring that information security management 
     processes are integrated with agency strategic and 
     operational planning processes;
       ``(2) ensure that senior agency officials provide 
     information security for the information and information 
     systems that support the operations and assets under their 
     control, including through--
       ``(A) assessing the risk and magnitude of the harm that 
     could result from the unauthorized access, use, disclosure, 
     disruption, modification, or destruction of such information 
     or information systems;
       ``(B) determining the levels of information security 
     appropriate to protect such information and information 
     systems in accordance with standards promulgated under 
     section 11331 of title 40, for information security 
     classifications and related requirements;
       ``(C) implementing policies and procedures to cost-
     effectively reduce risks to an acceptable level; and
       ``(D) periodically testing and evaluating information 
     security controls and techniques to ensure that they are 
     effectively implemented;
       ``(3) delegate to the agency Chief Information Officer 
     established under section 3506 (or comparable official in an 
     agency not covered by such section) the authority to ensure 
     compliance with the requirements imposed on the agency under 
     this subchapter, including--
       ``(A) designating a senior agency information security 
     officer who shall--
       ``(i) carry out the Chief Information Officer's 
     responsibilities under this section;
       ``(ii) possess professional qualifications, including 
     training and experience, required to administer the functions 
     described under this section;
       ``(iii) have information security duties as that official's 
     primary duty; and
       ``(iv) head an office with the mission and resources to 
     assist in ensuring agency compliance with this section;
       ``(B) developing and maintaining an agencywide information 
     security program as required by subsection (b);
       ``(C) developing and maintaining information security 
     policies, procedures, and control techniques to address all 
     applicable requirements, including those issued under section 
     3553 of this title and section 11331 of title 40;
       ``(D) training and overseeing personnel with significant 
     responsibilities for information security with respect to 
     such responsibilities; and
       ``(E) assisting senior agency officials concerning their 
     responsibilities under paragraph (2);
       ``(4) ensure that the agency has trained personnel 
     sufficient to assist the agency in complying with the 
     requirements of this subchapter and related policies, 
     procedures, standards, and guidelines;
       ``(5) ensure that the agency Chief Information Officer, in 
     coordination with other senior agency officials, reports 
     annually to the agency head on the effectiveness of the 
     agency information security program, including progress of 
     remedial actions;
       ``(6) ensure that senior agency officials, including chief 
     information officers of component agencies or equivalent 
     officials, carry out responsibilities under this subchapter 
     as directed by the official delegated authority under 
     paragraph (3); and
       ``(7) ensure that all personnel are held accountable for 
     complying with the agency-wide information security program 
     implemented under subsection (b).
       ``(b) Agency Program.--Each agency shall develop, document, 
     and implement an agency-wide information security program to 
     provide information security for the information and 
     information systems that support the operations and assets of 
     the agency, including those provided or managed by another 
     agency, contractor, or other source, that includes--
       ``(1) periodic assessments of the risk and magnitude of the 
     harm that could result from the unauthorized access, use, 
     disclosure, disruption, modification, or destruction of 
     information and information systems that support the 
     operations and assets of the agency;
       ``(2) policies and procedures that--
       ``(A) are based on the risk assessments required by 
     paragraph (1);
       ``(B) cost-effectively reduce information security risks to 
     an acceptable level;
       ``(C) ensure that information security is addressed 
     throughout the life cycle of each agency information system; 
     and
       ``(D) ensure compliance with--
       ``(i) the requirements of this subchapter;
       ``(ii) policies and procedures as may be prescribed by the 
     Director, and information security standards promulgated 
     under section 11331 of title 40;
       ``(iii) minimally acceptable system configuration 
     requirements, as determined by the agency; and
       ``(iv) any other applicable requirements, including 
     standards and guidelines for national security systems issued 
     in accordance with law and as directed by the President;
       ``(3) subordinate plans for providing adequate information 
     security for networks, facilities, and systems or groups of 
     information systems, as appropriate;
       ``(4) security awareness training to inform personnel, 
     including contractors and other users of information systems 
     that support the operations and assets of the agency, of--
       ``(A) information security risks associated with their 
     activities; and
       ``(B) their responsibilities in complying with agency 
     policies and procedures designed to reduce these risks;
       ``(5) periodic testing and evaluation of the effectiveness 
     of information security policies, procedures, and practices, 
     to be performed with a frequency depending on risk, but no 
     less than annually, of which such testing--
       ``(A) shall include testing of management, operational, and 
     technical controls of every information system identified in 
     the inventory required under section 3505(c); and
       ``(B) may include testing relied on in an evaluation under 
     section 3555;
       ``(6) a process for planning, implementing, evaluating, and 
     documenting remedial action to address any deficiencies in 
     the information security policies, procedures, and practices 
     of the agency;
       ``(7) procedures for detecting, reporting, and responding 
     to security incidents, consistent with standards and 
     guidelines described in section 3556(b), including--
       ``(A) mitigating risks associated with such incidents 
     before substantial damage is done;
       ``(B) notifying and consulting with the Federal information 
     security incident center established in section 3556; and
       ``(C) notifying and consulting with, as appropriate--
       ``(i) law enforcement agencies and relevant Offices of 
     Inspector General;
       ``(ii) an office designated by the President for any 
     incident involving a national security system;
       ``(iii) the committees of Congress described in subsection 
     (c)(1)--

       ``(I) not later than 7 days after the date on which the 
     incident is discovered; and
       ``(II) after the initial notification under subclause (I), 
     within a reasonable period of time after additional 
     information relating to the incident is discovered; and

       ``(iv) any other agency or office, in accordance with law 
     or as directed by the President; and
       ``(8) plans and procedures to ensure continuity of 
     operations for information systems that support the 
     operations and assets of the agency.
       ``(c) Agency Reporting.--
       ``(1) Annual report.--
       ``(A) In general.--Each agency shall submit to the 
     Director, the Secretary, the Committee on Government Reform, 
     the Committee on Homeland Security, and the Committee on 
     Science of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Commerce, Science, and Transportation of the Senate, the 
     appropriate authorization and appropriations committees of 
     Congress, and the Comptroller General a report on the 
     adequacy and effectiveness of information security policies, 
     procedures, and practices, including--
       ``(i) a description of each major information security 
     incident or related sets of incidents, including summaries 
     of--

       ``(I) the threats and threat actors, vulnerabilities, and 
     impacts relating to the incident;
       ``(II) the risk assessments conducted under section 
     3554(a)(2)(A) of the affected information systems before the 
     date on which the incident occurred; and
       ``(III) the detection, response, and remediation actions;

[[Page S5269]]

       ``(ii) the total number of information security incidents, 
     including a description of incidents resulting in significant 
     compromise of information security, system impact levels, 
     types of incident, and locations of affected systems;
       ``(iii) a description of each major information security 
     incident that involved a breach of personally identifiable 
     information, including--

       ``(I) the number of individuals whose information was 
     affected by the major information security incident; and
       ``(II) a description of the information that was breached 
     or exposed; and

       ``(iv) any other information as the Secretary may require.
       ``(B) Unclassified report.--
       ``(i) In general.--Each report submitted under subparagraph 
     (A) shall be in unclassified form, but may include a 
     classified annex.
       ``(ii) Access to information.--The head of an agency shall 
     ensure that, to the greatest extent practicable, information 
     is included in the unclassified version of the reports 
     submitted by the agency under subparagraph (A).
       ``(2) Other plans and reports.--Each agency shall address 
     the adequacy and effectiveness of information security 
     policies, procedures, and practices in management plans and 
     reports.
       ``(d) Performance Plan.--(1) In addition to the 
     requirements of subsection (c), each agency, in consultation 
     with the Director, shall include as part of the performance 
     plan required under section 1115 of title 31 a description 
     of--
       ``(A) the time periods; and
       ``(B) the resources, including budget, staffing, and 
     training,
     that are necessary to implement the program required under 
     subsection (b).
       ``(2) The description under paragraph (1) shall be based on 
     the risk assessments required under subsection (b)(1).
       ``(e) Public Notice and Comment.--Each agency shall provide 
     the public with timely notice and opportunities for comment 
     on proposed information security policies and procedures to 
     the extent that such policies and procedures affect 
     communication with the public.

     ``Sec. 3555. Annual independent evaluation

       ``(a) In General.--(1) Each year each agency shall have 
     performed an independent evaluation of the information 
     security program and practices of that agency to determine 
     the effectiveness of such program and practices.
       ``(2) Each evaluation under this section shall include--
       ``(A) testing of the effectiveness of information security 
     policies, procedures, and practices of a representative 
     subset of the agency's information systems;
       ``(B) an assessment of the effectiveness of the information 
     security policies, procedures, and practices of the agency; 
     and
       ``(C) separate presentations, as appropriate, regarding 
     information security relating to national security systems.
       ``(b) Independent Auditor.--Subject to subsection (c)--
       ``(1) for each agency with an Inspector General appointed 
     under the Inspector General Act of 1978, the annual 
     evaluation required by this section shall be performed by the 
     Inspector General or by an independent external auditor, as 
     determined by the Inspector General of the agency; and
       ``(2) for each agency to which paragraph (1) does not 
     apply, the head of the agency shall engage an independent 
     external auditor to perform the evaluation.
       ``(c) National Security Systems.--For each agency operating 
     or exercising control of a national security system, that 
     portion of the evaluation required by this section directly 
     relating to a national security system shall be performed--
       ``(1) only by an entity designated by the agency head; and
       ``(2) in such a manner as to ensure appropriate protection 
     for information associated with any information security 
     vulnerability in such system commensurate with the risk and 
     in accordance with all applicable laws.
       ``(d) Existing Evaluations.--The evaluation required by 
     this section may be based in whole or in part on an audit, 
     evaluation, or report relating to programs or practices of 
     the applicable agency.
       ``(e) Agency Reporting.--(1) Each year, not later than such 
     date established by the Director, the head of each agency 
     shall submit to the Director the results of the evaluation 
     required under this section.
       ``(2) To the extent an evaluation required under this 
     section directly relates to a national security system, the 
     evaluation results submitted to the Director shall contain 
     only a summary and assessment of that portion of the 
     evaluation directly relating to a national security system.
       ``(f) Protection of Information.--Agencies and evaluators 
     shall take appropriate steps to ensure the protection of 
     information which, if disclosed, may adversely affect 
     information security. Such protections shall be commensurate 
     with the risk and comply with all applicable laws and 
     regulations.
       ``(g) OMB Reports to Congress.--(1) The Director shall 
     summarize the results of the evaluations conducted under this 
     section in the report to Congress required under section 
     3553(c).
       ``(2) The Director's report to Congress under this 
     subsection shall summarize information regarding information 
     security relating to national security systems in such a 
     manner as to ensure appropriate protection for information 
     associated with any information security vulnerability in 
     such system commensurate with the risk and in accordance with 
     all applicable laws.
       ``(3) Evaluations and any other descriptions of information 
     systems under the authority and control of the Director of 
     Central Intelligence or of National Foreign Intelligence 
     Programs systems under the authority and control of the 
     Secretary of Defense shall be made available to Congress only 
     through the appropriate oversight committees of Congress, in 
     accordance with applicable laws.
       ``(h) Comptroller General.--The Comptroller General shall 
     periodically evaluate and report to Congress on--
       ``(1) the adequacy and effectiveness of agency information 
     security policies and practices; and
       ``(2) implementation of the requirements of this 
     subchapter.
       ``(i) Assessment Technical Assistance.--The Comptroller 
     General may provide technical assistance to an Inspector 
     General or the head of an agency, as applicable, to assist 
     the Inspector General or head of an agency in carrying out 
     the duties under this section, including by testing 
     information security controls and procedures.

     ``Sec. 3556. Federal information security incident center

       ``(a) In General.--The Secretary shall ensure the operation 
     of a central Federal information security incident center 
     to--
       ``(1) provide timely technical assistance to operators of 
     agency information systems regarding security incidents, 
     including guidance on detecting and handling information 
     security incidents;
       ``(2) compile and analyze information about incidents that 
     threaten information security;
       ``(3) inform operators of agency information systems about 
     current and potential information security threats, and 
     vulnerabilities;
       ``(4) provide, as appropriate, intelligence and other 
     information about cyber threats, vulnerabilities, and 
     incidents to agencies to assist in risk assessments conducted 
     under section 3554(b); and
       ``(5) consult with the National Institute of Standards and 
     Technology, agencies or offices operating or exercising 
     control of national security systems (including the National 
     Security Agency), and such other agencies or offices in 
     accordance with law and as directed by the President 
     regarding information security incidents and related matters.
       ``(b) National Security Systems.--Each agency operating or 
     exercising control of a national security system shall share 
     information about information security incidents, threats, 
     and vulnerabilities with the Federal information security 
     incident center to the extent consistent with standards and 
     guidelines for national security systems, issued in 
     accordance with law and as directed by the President.

     ``Sec. 3557. National security systems

       ``The head of each agency operating or exercising control 
     of a national security system shall be responsible for 
     ensuring that the agency--
       ``(1) provides information security protections 
     commensurate with the risk and magnitude of the harm 
     resulting from the unauthorized access, use, disclosure, 
     disruption, modification, or destruction of the information 
     contained in such system;
       ``(2) implements information security policies and 
     practices as required by standards and guidelines for 
     national security systems, issued in accordance with law and 
     as directed by the President; and
       ``(3) complies with the requirements of this subchapter.

     ``Sec. 3558. Effect on existing law

       ``Nothing in this subchapter, section 11331 of title 40, or 
     section 20 of the National Standards and Technology Act (15 
     U.S.C. 278g-3) may be construed as affecting the authority of 
     the President, the Office of Management and Budget or the 
     Director thereof, the National Institute of Standards and 
     Technology, or the head of any agency, with respect to the 
     authorized use or disclosure of information, including with 
     regard to the protection of personal privacy under section 
     552a of title 5, the disclosure of information under section 
     552 of title 5, the management and disposition of records 
     under chapters 29, 31, or 33 of title 44, the management of 
     information resources under subchapter I of chapter 35 of 
     this title, or the disclosure of information to the Congress 
     or the Comptroller General of the United States.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 
     35 of title 44, United States Code is amended by striking the 
     matter relating to subchapters II and III and inserting the 
     following:

                  ``subchapter ii--information security

``3551. Purposes.
``3552. Definitions.
``3553. Authority and functions of the Director and the Secretary.
``3554. Federal agency responsibilities.
``3555. Annual independent evaluation.
``3556. Federal information security incident center.
``3557. National security systems.
``3558. Effect on existing law.''.

       (2) Cybersecurity research and development act.--Section 
     8(d)(1) of the Cybersecurity Research and Development Act (15

[[Page S5270]]

     U.S.C. 7406) is amended by striking ``section 3534'' and 
     inserting ``section 3554''.
       (3) Homeland security act of 2002.--Section 1001(c)(1)(A) 
     of the Homeland Security Act of 2002 (6 U.S.C. 511) by 
     striking ``section 3532(3)'' and inserting ``section 
     3552(b)(5)''.
       (4) National institute of standards and technology act.--
     Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) is amended--
       (A) in subsection (a)(2), by striking ``section 
     3532(b)(2)'' and inserting ``section 3552(b)(5)''; and
       (B) in subsection (e)--
       (i) in paragraph (2), by striking ``section 3532(1)'' and 
     inserting ``section 3552(b)(2)''; and
       (ii) in paragraph (5), by striking ``section 3532(b)(2)'' 
     and inserting ``section 3552(b)(5)''.
       (5) Title 10.--Title 10, United States Code, is amended--
       (A) in section 2222(j)(5), by striking ``section 
     3542(b)(2)'' and inserting ``section 3552(b)(5)'';
       (B) in section 2223(c)(3), by striking ``section 
     3542(b)(2)'' and inserting ``section 3552(b)(5)''; and
       (C) in section 2315, by striking ``section 3542(b)(2)'' and 
     inserting ``section 3552(b)(5)''.
       (c) Other Provisions.--
       (1) Circular a-130.--Not later than 180 days after the date 
     of enactment of this Act, the Director of the Office of 
     Management and Budget shall revise Office of Management and 
     Budget Circular A-130 to eliminate inefficient or wasteful 
     reporting.
       (2) ISPAB.--Section 21(b) of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-4(b)) is 
     amended--
       (A) in paragraph (2), by inserting ``, the Secretary of 
     Homeland Security,'' after ``the Institute''; and
       (B) in paragraph (3), by inserting ``the Secretary of 
     Homeland Security,'' after ``the Secretary of Commerce,''.

     SEC. 1092. FEDERAL DATA BREACH RESPONSE GUIDELINES.

       (a) In General.--Subchapter II of chapter 35 of title 44, 
     United States Code, as added by this subtitle, is amended by 
     adding at the end the following:

     ``Sec. 3559. Privacy breach requirements

       ``(a) Policies and Procedures.--The Director, in 
     consultation with the Secretary, shall establish and oversee 
     policies and procedures for agencies to follow in the event 
     of a breach of information security involving the disclosure 
     of personally identifiable information, including 
     requirements for--
       ``(1) timely notice to affected individuals based on a 
     determination of the level of risk and consistent with law 
     enforcement and national security considerations;
       ``(2) timely reporting to the Federal information security 
     incident center established under section 3556 or other 
     Federal cybersecurity center, as designated by the Director;
       ``(3) timely notice to committees of Congress with 
     jurisdiction over cybersecurity; and
       ``(4) such additional actions as the Director may determine 
     necessary and appropriate, including the provision of risk 
     mitigation measures to affected individuals.
       ``(b) Considerations.--In carrying out subsection (a), the 
     Director shall consider recommendations made by the 
     Government Accountability Office, including recommendations 
     in the December 2013 Government Accountability Office report 
     entitled `Information Security: Agency Responses to Breaches 
     of Personally Identifiable Information Need to Be More 
     Consistent' (GAO-14-34).
       ``(c) Required Agency Action.--The head of each agency 
     shall ensure that actions taken in response to a breach of 
     information security involving the disclosure of personally 
     identifiable information under the authority or control of 
     the agency comply with policies and procedures established 
     under subsection (a).
       ``(d) Timeliness.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     policies and procedures established under subsection (a) 
     shall require that the notice to affected individuals 
     required under subsection (a)(1) be made without unreasonable 
     delay and with consideration of the likely risk of harm and 
     the level of impact, but not later than 60 days after the 
     date on which the head of an agency discovers the breach of 
     information security involving the disclosure of personally 
     identifiable information.
       ``(2) Delay.--The Attorney General, the head of an element 
     of the intelligence community (as such term is defined under 
     section 3(4) of the National Security Act of 1947 (50 U.S.C. 
     3003(4)), or the Secretary may delay the notice to affected 
     individuals under subsection (a)(1) for not more than 180 
     days, if the notice would disrupt a law enforcement 
     investigation, endanger national security, or hamper security 
     remediation actions from the breach of information security 
     involving the disclosure of personally identifiable 
     information.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for subchapter II for chapter 35 of title 44, United 
     States Code, as added by this Act, is amended by inserting 
     after the item relating to section 3558 the following:

``3559. Privacy breach requirements.''.
                                 ______
                                 
  SA 3771. Mr. CARPER 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 title X, add the following:

  Subtitle I--National Cybersecurity Communications Integration Center

     SEC. 1091. NATIONAL CYBERSECURITY AND COMMUNICATIONS 
                   INTEGRATION CENTER.

       (a) In General.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 210G. OPERATIONS CENTER.

       ``(a) Functions.--There is in the Department an operations 
     center, which may carry out the responsibilities of the Under 
     Secretary appointed under section 103(a)(1)(H) with respect 
     to security and resilience, including by--
       ``(1) serving as a Federal civilian information sharing 
     interface for cybersecurity;
       ``(2) providing shared situational awareness to enable 
     real-time, integrated, and operational actions across the 
     Federal Government;
       ``(3) sharing cybersecurity threat, vulnerability, impact, 
     and incident information and analysis by and among Federal, 
     State, and local government entities and private sector 
     entities;
       ``(4) coordinating cybersecurity information sharing 
     throughout the Federal Government;
       ``(5) conducting analysis of cybersecurity risks and 
     incidents;
       ``(6) upon request, providing timely technical assistance 
     to Federal and non-Federal entities with respect to 
     cybersecurity threats and attribution, vulnerability 
     mitigation, and incident response and remediation; and
       ``(7) providing recommendations on security and resilience 
     measures to Federal and non-Federal entities.
       ``(b) Composition.--The operations center shall be composed 
     of--
       ``(1) personnel or other representatives of Federal 
     agencies, including civilian and law enforcement agencies and 
     elements of the intelligence community, as such term is 
     defined under section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 3003(4)); and
       ``(2) representatives from State and local governments and 
     other non-Federal entities, including--
       ``(A) representatives from information sharing and analysis 
     organizations; and
       ``(B) private sector owners and operators of critical 
     information systems.
       ``(c) Annual Report.--Not later than 1 year after the date 
     of enactment of the Carl Levin National Defense Authorization 
     Act for Fiscal Year 2015, and every year thereafter for 3 
     years, the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives a report on the operations center, which 
     shall include--
       ``(1) an analysis of the performance of the operations 
     center in carrying out the functions under subsection (a);
       ``(2) information on the composition of the center, 
     including--
       ``(A) the number of representatives from non-Federal 
     entities that are participating in the operations center, 
     including the number of representatives from States, 
     nonprofit organizations, and private sector entities, 
     respectively; and
       ``(B) the number of requests from non-Federal entities to 
     participate in the operations center and the response to such 
     requests, including--
       ``(i) the average length of time to fulfill such identified 
     requests by the Federal agency responsible for fulfilling 
     such requests; and
       ``(ii) a description of any obstacles or challenges to 
     fulfilling such requests; and
       ``(3) the policies and procedures established by the 
     operations center to safeguard privacy and civil liberties.
       ``(d) GAO Report.--Not later than 1 year after the date of 
     enactment of the Carl Levin National Defense Authorization 
     Act for Fiscal Year 2015, the Comptroller General of the 
     United States shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives a report on the effectiveness of the 
     operations center.
       ``(e) No Right or Benefit.--The provision of assistance or 
     information to, and inclusion in the operations center of, 
     governmental or private entities under this section shall be 
     at the discretion of the Under Secretary appointed under 
     section 103(a)(1)(H). The provision of certain assistance or 
     information to, or inclusion in the operations center of, one 
     governmental or private entity pursuant to this section shall 
     not create a right or benefit, substantive or procedural, to 
     similar assistance or information for any other governmental 
     or private entity.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 note) is amended by inserting after the item 
     relating to section 210F the following:

``Sec. 210G. Operations center.''.

[[Page S5271]]

                                 ______
                                 
  SA 3772. Mr. BEGICH (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 3060 proposed by Mr. 
Wyden to the bill H.R. 3474, to amend the Internal Revenue Code of 1986 
to allow employers to exempt employees with health coverage under 
TRICARE or the Veterans Administration from being taken into account 
for purposes of the employer mandate under the Patient Protection and 
Affordable Care Act; which was ordered to lie on the table; as follows:

       On page 9, between lines 13 and14, insert the following:
       (c) Encouragement of Contributions of Capital Gain Real 
     Property Made for Conservation Purposes by Native 
     Corporations.--
       (1) In general.--Paragraph (2) of section 170(b) is amended 
     by redesignating subparagraph (C) as subparagraph (D), and by 
     inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Qualified conservation contributions by certain 
     native corporations.--
       ``(i) In general.--Any qualified conservation contribution 
     (as defined in subsection (h)(1)) which--

       ``(I) is made by a Native Corporation, and
       ``(II) is a contribution of property which was land 
     conveyed under the Alaska Native Claims Settlement Act,

     shall be allowed to the extent that the aggregate amount of 
     such contributions does not exceed the excess of the 
     taxpayer's taxable income over the amount of charitable 
     contributions allowable under subparagraph (A).
       ``(ii) Carryover.--If the aggregate amount of contributions 
     described in clause (i) exceeds the limitation of clause (i), 
     such excess shall be treated (in a manner consistent with the 
     rules of subsection (d)(2)) as a charitable contribution to 
     which clause (i) applies in each of the 15 succeeding years 
     in order of time.
       ``(iii) Definition.--For purposes of clause (i), the term 
     `Native Corporation' has the meaning given such term by 
     section 3(m) of the Alaska Native Claims Settlement Act.''.
       (2) Conforming amendment.--Section 170(b)(2)(A) of such 
     Code is amended by striking ``subparagraph (B) applies'' and 
     inserting ``subparagraphs (B) or (C) apply''.
       (3) Rule of construction.--Nothing in this section or the 
     amendments made by this section shall be construed to modify 
     any existing property rights conveyed to Native Corporations 
     (withing the meaning of section 3(m) of the Alaska Native 
     Claims Settlement Act) under such Act.
                                 ______
                                 
  SA 3773. Mr. PORTMAN 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 X, add the following:

     SEC. 1035. SENSE OF SENATE ON THE MAY 31, 2014, TRANSFER OF 
                   FIVE DETAINEES FROM THE DETENTION FACILITY AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA.

       (a) Findings.--The Senate makes the following findings:
       (1) In enacting the National Defense Authorization Act for 
     Fiscal Year 2014 (Public Law 113-66), Congress provided the 
     executive branch with clear guidance and requirements for 
     transferring or releasing individuals from the detention 
     facility at United States Naval Station, Guantanamo Bay, 
     Cuba.
       (2) The National Defense Authorization Act for Fiscal Year 
     2014 states the Secretary of Defense may transfer an 
     individual detained at United States Naval Station, 
     Guantanamo Bay, Cuba, if the Secretary determines, following 
     a review conducted in accordance with the requirements of 
     section 1023 of the National Defense Authorization Act for 
     Fiscal Year 2012 (10 U.S.C. 801 note) and Executive Order No. 
     13567, that the individual is no longer a threat to the 
     United States, or the individual is ordered released by a 
     United States court, or such an individual can be transferred 
     if the Secretary determines that actions have been or are 
     planned to be taken which will substantially mitigate the 
     risk of the individual engaging or re-engaging in any 
     terrorist activity or other hostile activity that threatens 
     the United States or United States persons or interests and 
     the transfer is in the national security interest of the 
     United States.
       (3) The National Defense Authorization Act for Fiscal Year 
     2014 states that the Secretary of Defense must notify the 
     appropriate committees of Congress of such a determination 
     not later than 30 days before the transfer or release of the 
     individual concerned from United States Naval Station, 
     Guantanamo Bay, Cuba.
       (4) The National Defense Authorization Act for Fiscal Year 
     2014 states that such a notification must include a detailed 
     statement of the basis for the transfer or release, an 
     explanation of why the transfer or release is in the national 
     security interests of the United States, a description of any 
     actions taken to mitigate the risks of reengagement by the 
     individual to be transferred or released, a copy of any 
     Periodic Review Board findings relating to the individual, 
     and a description of the evaluation conducted pursuant to 
     factors that must be considered prior to such a transfer or 
     release.
       (5) The Consolidated Appropriations Act, 2014 (Public Law 
     113-76) states that none of the funds appropriated or 
     otherwise made available in that Act may be used to transfer 
     covered individuals detained at United States Naval Station 
     Guantanamo Bay, Cuba, except in accordance with the National 
     Defense Authorization Act for Fiscal Year 2014.
       (6) On May 31, 2014, detainees Khairullah Khairkhwa, Abdul 
     Haq Wasiq, Mohammed Fazl, Noorullah Noori, and Mohammed Nabi 
     Omari were transferred from United States Naval Station, 
     Guantanamo Bay, Cuba, to Qatar.
       (7) The appropriate committees of Congress were not 
     notified of the transfers as required by the National Defense 
     Authorization Act for Fiscal Year 2014 prior to the 
     transfers.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the transfers of detainees Khairullah Khairkhwa, Abdul 
     Haq Wasiq, Mohammed Fazl, Noorullah Noori, and Mohammed Nabi 
     Omari from United States Naval Station, Guantanamo Bay, Cuba, 
     to Qatar on May 31, 2014, violated the National Defense 
     Authorization Act for Fiscal Year 2014 (Public Law 113-66) 
     and the Consolidated Appropriations Act, 2014 (Public Law 
     113-76); and
       (2) Congress should--
       (A) investigate the actions taken by President Obama and 
     his administration that led to the unlawful transfer of such 
     detainees, including an evaluation of other options 
     considered to reach the desired common defense policy outcome 
     of the President; and
       (B) determine the impact of the transfer of such detainees 
     on the common defense of the United States and measures that 
     should be taken to mitigate any negative consequences.
                                 ______
                                 
  SA 3774. Mr. PORTMAN 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. PRELIMINARY MENTAL HEALTH ASSESSMENTS FOR 
                   INDIVIDUALS BECOMING MEMBERS OF THE ARMED 
                   FORCES.

       (a) In General.--Chapter 31 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 520d. Preliminary mental health assessments

       ``(a) Provision of Mental Health Assessment.--Before any 
     individual enlists in an armed force or is commissioned as an 
     officer in an armed force, the Secretary concerned shall 
     provide the individual with a mental health assessment.
       ``(b) Use of Assessment.--(1) The Secretary shall use the 
     results of a mental assessment conducted under subsection (a) 
     as a baseline for any subsequent mental health examinations 
     of the individual, including such examinations provided under 
     sections 1074f and 1074m of this title.
       ``(2) The Secretary may not consider the results of a 
     mental health assessment conducted under subsection (a) in 
     determining the assignment or promotion of a member of the 
     armed forces.
       ``(c) Application of Privacy Laws.--With respect to 
     applicable laws and regulations relating to the privacy of 
     information, the Secretary shall treat a mental health 
     assessment conducted under subsection (a) in the same manner 
     as the medical records of a member of the armed forces.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 520c the following new item:

``520d. Preliminary mental health assessments.''.

       (c) Reports.--
       (1) Initial report.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the National Institute of Mental 
     Health of the National Institutes of Health shall submit to 
     Congress and the Secretary of Defense a report on preliminary 
     mental health assessments of members of the Armed Forces.
       (B) Matters included.--The report under subparagraph (A) 
     shall include the following:
       (i) Recommendations with respect to establishing a 
     preliminary mental health assessment of members of the Armed 
     Forces to bring mental health screenings to parity with 
     physical screenings of members.
       (ii) Recommendations with respect to the composition of the 
     mental health assessment, evidenced-based best practices, and 
     how to track assessment changes relating to traumatic brain 
     injuries, post-traumatic stress disorder, and other 
     conditions.
       (iii) Recommendations with respect to overcoming 
     limitations experienced during previous efforts to conduct 
     preliminary mental health assessments of members of the Armed 
     Forces.

[[Page S5272]]

       (C) Coordination.--The National Institute of Mental Health 
     shall carry out subparagraph (A) in coordination with the 
     Secretary of Veterans Affairs, the Secretary of Health and 
     Human Services, the Director of the Centers for Disease 
     Control and Prevention, the surgeons general of the military 
     departments, and other relevant experts.
       (2) Periodic reports.--
       (A) In general.--Not later than two years after the date on 
     which the Secretary of Defense begins providing preliminary 
     mental health assessments under section 520d(a) of title 38, 
     United States Code, as added by subsection (a), and not less 
     frequently than once every three years thereafter, the 
     Secretary shall submit to Congress a report on the efficacy 
     of such preliminary mental health assessments.
       (B) Matters included.--Each report required by subparagraph 
     (A) shall include the following:
       (i) An evaluation of the parity between mental health 
     screenings and physical health screenings of members of the 
     Armed Forces.
       (ii) An evaluation of the evidence-based best practices 
     used by the Secretary in composing and conducting preliminary 
     mental health assessments of members of the Armed Forces 
     under such section 520d(a).
       (iii) An evaluation of the evidence-based best practices 
     used by the Secretary in tracking mental health assessment 
     changes relating to traumatic brain injuries, post-traumatic 
     stress disorder, and other conditions among members of the 
     Armed Forces.
       (d) Implementation of Preliminary Mental Health 
     Assessment.--The Secretary of Defense may not provide a 
     preliminary mental health assessment under section 520d(a) of 
     title 38, United States Code, as added by subsection (a), 
     until the Secretary receives and evaluates the initial report 
     required by subsection (c)(1).

     SEC. 738. PHYSICAL EXAMINATIONS AND MENTAL HEALTH SCREENINGS 
                   FOR CERTAIN MEMBERS UNDERGOING SEPARATION FROM 
                   THE ARMED FORCES WHO ARE NOT OTHERWISE ELIGIBLE 
                   FOR SUCH EXAMINATIONS.

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

     SEC. 739. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO 
                   PROVIDE ELECTRONIC COPY OF MEMBER SERVICE 
                   TREATMENT RECORDS TO MEMBERS SEPARATING FROM 
                   THE ARMED FORCES.

       (a) Report Required.--Not later than six months after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report setting forth an assessment 
     of the capacity of the Department of Defense to provide each 
     member of the Armed Forces who is undergoing separation from 
     the Armed Forces an electronic copy of the member's service 
     treatment record at the time of separation.
       (b) Matters Relating to the National Guard.--The assessment 
     under subsection (a) with regards to members of the National 
     Guard shall include an assessment of the capacity of the 
     Department to ensure that the electronic copy of a member's 
     service treatment record includes health records maintained 
     by each State or territory in which the member served.
                                 ______
                                 
  SA 3775. Mr. CORNYN 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 24, between lines 6 and 7, insert the following:

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $122,250,000, to remain 
     available until September 30, 2015, which shall be for drug 
     interdiction and counter-drug activities of the United States 
     Southern Command: Provided, That not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the Committees on Appropriations and 
     Armed Services of the Senate and the House of Representatives 
     a report on the use of funds made available by this 
     paragraph, including the amounts provided to any military or 
     security forces of a foreign country and the use of amounts 
     so provided by such forces.

                              (rescission)

       Sec. 3101.  Of the unobligated balance available for 
     ``Department of Homeland Security--Federal Emergency 
     Management Agency--Disaster Relief Fund'', $122,250,000 is 
     rescinded: Provided, That no amounts may be rescinded from 
     amounts that were designated by the Congress as an emergency 
     requirement pursuant to a concurrent resolution on a budget 
     or the Balanced Budget and Emergency Deficit Control Act of 
     1985: Provided further, That no amounts may be rescinded from 
     the amounts that were designated by the Congress as being for 
     disaster relief pursuant to section 251(b)(2)(D) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 3776. Mr. TESTER (for himself and Mr. Portman) 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 appropriate place, insert the following:

     SEC. ___. ADDITIONAL APPOINTING AUTHORITIES FOR COMPETITIVE 
                   SERVICE.

       (a) Selection From Certificates.--Section 3318 of title 5, 
     United States Code, is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Certificate Sharing.--
       ``(1) In general.--During the 240-day period beginning on 
     the date of issuance of a certificate of eligibles under 
     section 3317(a), an appointing authority other than the 
     appointing authority requesting the certificate may select an 
     individual from that certificate in accordance with paragraph 
     (2) for an appointment to a position that is--
       ``(A) in the same occupational series as the position for 
     which the certification of eligibles was issued (in this 
     subsection referred to as the `original position'); and
       ``(B) at a similar grade level as the original position.
       ``(2) Requirements.--The selection of an individual under 
     paragraph (1)--
       ``(A) shall be made in accordance with subsection (a); and
       ``(B) may be made without any additional posting under 
     section 3327.
       ``(3) Applicability.--An appointing authority requesting a 
     certificate of eligibles may share the certificate with 
     another appointing authority only if the announcement of the 
     original position provided notice that the resulting list of 
     eligible candidates may be used by another appointing 
     authority.
       ``(4) Collective bargaining obligations.--Nothing in this 
     subsection limits any collective bargaining obligation of an 
     agency under chapter 71.''.
       (b) Alternative Ranking and Selection Procedures.--Section 
     3319(c) of title 5, United States Code, is amended--
       (1) by redesignating paragraph (2) as paragraph (6);
       (2) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) An appointing official other than the appointing 
     official described in paragraph (1) may select an individual 
     for appointment to a position that is--
       ``(A) in the same occupational series as the position for 
     which the certification of eligibles was issued (in this 
     subsection referred to as the `original position'); and
       ``(B) at a similar grade level as the original position.
       ``(3) The selection of an individual under paragraph (2)--
       ``(A) shall be made in accordance with this subsection; and
       ``(B) may be made without any additional posting under 
     section 3327.
       ``(4) An appointing authority requesting a certificate of 
     eligibles may share the certificate with another appointing 
     authority only if the announcement of the original position 
     provided notice that the resulting list of eligible 
     candidates may be used by another appointing authority.
       ``(5) Nothing in this subsection limits any collective 
     bargaining obligation of an agency under chapter 71.''; and
       (3) in paragraph (6) (as so redesignated)--
       (A) by striking ``paragraph (1)'' and inserting 
     ``paragraphs (1) and (2)''; and
       (B) by striking ``3318(b)'' and inserting ``3318(c)''.
       (c) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall issue regulations to carry out the 
     amendments made by subsections (a) and (b).
       (d) Conforming Amendment.--Section 9510(b)(5) of title 5, 
     United States Code, is amended by striking ``3318(b)'' and 
     inserting ``3318(c)''.
                                 ______
                                 
  SA 3777. Mrs. GILLIBRAND (for herself and Mr. Carper) submitted an 
amendment intended to be proposed by her to the bill S. 2410, to 
authorize appropriations for fiscal year 2015 for

[[Page S5273]]

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

       At the end of title X, insert the following:

                  Subtitle I--Cybersecurity Workforce

     SEC. 1091. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY 
                   WORKFORCE.

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

     ``SEC. 226. CYBERSECURITY RECRUITMENT AND RETENTION.

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

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

       ``(ii) appoint an individual to a qualified position (after 
     taking into consideration the availability of preference 
     eligibles for appointment to the position); and
       ``(iii) subject to the requirements of paragraphs (2) and 
     (3), fix the compensation of an individual for service in a 
     qualified position.
       ``(B) Construction with other laws.--The authority of the 
     Secretary under this subsection applies without regard to the 
     provisions of any other law relating to the appointment, 
     number, classification, or compensation of employees.
       ``(2) Basic pay.--
       ``(A) Authority to fix rates of basic pay.--In accordance 
     with this section, the Secretary shall fix the rates of basic 
     pay for any qualified position established under paragraph 
     (1) in relation to the rates of pay provided for employees in 
     comparable positions in the Department of Defense and subject 
     to the same limitations on maximum rates of pay established 
     for such employees by law or regulation.
       ``(B) Prevailing rate systems.--The Secretary may, 
     consistent with section 5341 of title 5, United States Code, 
     adopt such provisions of that title as provide for prevailing 
     rate systems of basic pay and may apply those provisions to 
     qualified positions for employees in or under which the 
     Department may employ individuals described by section 
     5342(a)(2)(A) of that title.
       ``(3) Additional compensation, incentives, and 
     allowances.--
       ``(A) Additional compensation based on title 5 
     authorities.--The Secretary may provide employees in 
     qualified positions compensation (in addition to basic pay), 
     including benefits, incentives, and allowances, consistent 
     with, and not in excess of the level authorized for, 
     comparable positions authorized by title 5, United States 
     Code.
       ``(B) Allowances in nonforeign areas.--An employee in a 
     qualified position whose rate of basic pay is fixed under 
     paragraph (2)(A) shall be eligible for an allowance under 
     section 5941 of title 5, United States Code, on the same 
     basis and to the same extent as if the employee was an 
     employee covered by such section 5941, including eligibility 
     conditions, allowance rates, and all other terms and 
     conditions in law or regulation.
       ``(4) Plan for execution of authorities.--Not later than 
     120 days after the date of enactment of this section, the 
     Secretary shall submit a report to the appropriate committees 
     of Congress with a plan for the use of the authorities 
     provided under this subsection.
       ``(5) Collective bargaining agreements.--Nothing in 
     paragraph (1) may be construed to impair the continued 
     effectiveness of a collective bargaining agreement with 
     respect to an office, component, subcomponent, or equivalent 
     of the Department that is a successor to an office, 
     component, subcomponent, or equivalent of the Department 
     covered by the agreement before the succession.
       ``(6) Required regulations.--The Secretary, in coordination 
     with the Director of the Office of Personnel Management, 
     shall prescribe regulations for the administration of this 
     section.
       ``(c) Annual Report.--Not later than 1 year after the date 
     of enactment of this section, and every year thereafter for 4 
     years, the Secretary shall submit to the appropriate 
     committees of Congress a detailed report that--
       ``(1) discusses the process used by the Secretary in 
     accepting applications, assessing candidates, ensuring 
     adherence to veterans' preference, and selecting applicants 
     for vacancies to be filled by an individual for a qualified 
     position;
       ``(2) describes--
       ``(A) how the Secretary plans to fulfill the critical need 
     of the Department to recruit and retain employees in 
     qualified positions;
       ``(B) the measures that will be used to measure progress; 
     and
       ``(C) any actions taken during the reporting period to 
     fulfill such critical need;
       ``(3) discusses how the planning and actions taken under 
     paragraph (2) are integrated into the strategic workforce 
     planning of the Department;
       ``(4) provides metrics on actions occurring during the 
     reporting period, including--
       ``(A) the number of employees in qualified positions hired 
     by occupation and grade and level or pay band;
       ``(B) the placement of employees in qualified positions by 
     directorate and office within the Department;
       ``(C) the total number of veterans hired;
       ``(D) the number of separations of employees in qualified 
     positions by occupation and grade and level or pay band;
       ``(E) the number of retirements of employees in qualified 
     positions by occupation and grade and level or pay band; and
       ``(F) the number and amounts of recruitment, relocation, 
     and retention incentives paid to employees in qualified 
     positions by occupation and grade and level or pay band; and
       ``(5) describes the training provided to supervisors of 
     employees in qualified positions at the Department on the use 
     of the new authorities.
       ``(d) Three-Year Probationary Period.--The probationary 
     period for all employees hired under the authority 
     established in this section shall be 3 years.
       ``(e) Incumbents of Existing Competitive Service 
     Positions.--
       ``(1) In general.--An individual serving in a position on 
     the date of enactment of this section that is selected to be 
     converted to a position in the excepted service under this 
     section shall have the right to refuse such conversion.
       ``(2) Subsequent conversion.--After the date on which an 
     individual who refuses a conversion under paragraph (1) stops 
     serving in the position selected to be converted, the 
     position may be converted to a position in the excepted 
     service.''.
       (b) Conforming Amendment.--Section 3132(a)(2) of title 5, 
     United States Code, is amended in the matter following 
     subparagraph (E)--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by inserting ``or'' after the 
     semicolon; and
       (3) by inserting after clause (ii) the following:
       ``(iii) any position established as a qualified position in 
     the excepted service by the Secretary of Homeland Security 
     under section 226 of the Homeland Security Act of 2002;''.
       (c) Table of Contents Amendment.--The table of contents in 
     section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 
     101 et seq.) is amended by inserting after the item relating 
     to section 225 the following:

``Sec. 226. Cybersecurity recruitment and retention.''.

     SEC. 1092. HOMELAND SECURITY CYBERSECURITY WORKFORCE 
                   ASSESSMENT.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security of the House of 
     Representatives; and
       (C) the Committee on House Administration of the House of 
     Representatives.
       (2) Cybersecurity work category; data element code; 
     specialty area.--The terms ``Cybersecurity Work Category'', 
     ``Data Element Code'', and ``Specialty Area'' have the 
     meanings given such terms in the Office of Personnel 
     Management's Guide to Data Standards.
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Personnel Management.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) National Cybersecurity Workforce Measurement 
     Initiative.--
       (1) In general.--The Secretary shall--
       (A) identify all cybersecurity workforce positions within 
     the Department;
       (B) determine the primary Cybersecurity Work Category and 
     Specialty Area of such positions; and

[[Page S5274]]

       (C) assign the corresponding Data Element Code, as set 
     forth in the Office of Personnel Management's Guide to Data 
     Standards which is aligned with the National Initiative for 
     Cybersecurity Education's National Cybersecurity Workforce 
     Framework report, in accordance with paragraph (2).
       (2) Employment codes.--
       (A) Procedures.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall establish 
     procedures--
       (i) to identify open positions that include cybersecurity 
     functions (as defined in the OPM Guide to Data Standards); 
     and
       (ii) to assign the appropriate employment code to each such 
     position, using agreed standards and definitions.
       (B) Code assignments.--Not later than 9 months after the 
     date of the enactment of this Act, the Secretary shall assign 
     the appropriate employment code to--
       (i) each employee within the Department who carries out 
     cybersecurity functions; and
       (ii) each open position within the Department that have 
     been identified as having cybersecurity functions.
       (3) Progress report.--Not later than 1 year after the date 
     of the enactment of this Act, the Director shall submit a 
     progress report on the implementation of this subsection to 
     the appropriate congressional committees.
       (c) Identification of Cybersecurity Specialty Areas of 
     Critical Need.--
       (1) In general.--Beginning not later than 1 year after the 
     date on which the employment codes are assigned to employees 
     pursuant to subsection (b)(2)(B), and annually through 2021, 
     the Secretary, in consultation with the Director, shall--
       (A) identify Cybersecurity Work Categories and Specialty 
     Areas of critical need in the Department's cybersecurity 
     workforce; and
       (B) submit a report to the Director that--
       (i) describes the Cybersecurity Work Categories and 
     Specialty Areas identified under subparagraph (A); and
       (ii) substantiates the critical need designations.
       (2) Guidance.--The Director shall provide the Secretary 
     with timely guidance for identifying Cybersecurity Work 
     Categories and Specialty Areas of critical need, including--
       (A) current Cybersecurity Work Categories and Specialty 
     Areas with acute skill shortages; and
       (B) Cybersecurity Work Categories and Specialty Areas with 
     emerging skill shortages.
       (3) Cybersecurity critical needs report.--Not later than 18 
     months after the date of the enactment of this Act, the 
     Secretary, in consultation with the Director, shall--
       (A) identify Specialty Areas of critical need for 
     cybersecurity workforce across the Department; and
       (B) submit a progress report on the implementation of this 
     subsection to the appropriate congressional committees.
       (d) Government Accountability Office Status Reports.--The 
     Comptroller General of the United States shall--
       (1) analyze and monitor the implementation of subsections 
     (b) and (c); and
       (2) not later than 3 years after the date of the enactment 
     of this Act, submit a report to the appropriate congressional 
     committees that describes the status of such implementation.

     SEC. 1093. UNITED STATES CYBER COMMAND WORKFORCE.

       (a) In General.--Chapter 81 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1599e. Cyber operations recruitment and retention

       ``(a) General Authority.--(1) The Secretary of Defense 
     may--
       ``(A) establish, as positions in the excepted service, such 
     qualified positions in the Department as the Secretary 
     determines necessary to carry out the responsibilities of the 
     United States Cyber Command relating to cyber operations, 
     including positions formerly identified as--
       ``(i) senior level positions designated under section 5376 
     of title 5; and
       ``(ii) positions in the Senior Executive Service;
       ``(B) appoint an individual to a qualified position (after 
     taking into consideration the availability of preference 
     eligibles for appointment to the position); and
       ``(C) subject to the requirements of subsections (b) and 
     (c), fix the compensation of an individual for service in a 
     qualified position.
       ``(2) The authority of the Secretary under this subsection 
     applies without regard to the provisions of any other law 
     relating to the appointment, number, classification, or 
     compensation of employees.
       ``(b) Basic Pay.--(1) In accordance with this section, the 
     Secretary shall fix the rates of basic pay for any qualified 
     position established under subsection (a)--
       ``(A) in relation to the rates of pay provided for 
     employees in comparable positions in the Department, in which 
     the incumbent performs, manages, or supervises functions that 
     execute the cyber mission of the Department; and
       ``(B) subject to the same limitations on maximum rates of 
     pay established for such employees by law or regulation.
       ``(2) The Secretary may--
       ``(A) consistent with section 5341 of title 5, adopt such 
     provisions of that title as provide for prevailing rate 
     systems of basic pay; and
       ``(B) apply those provisions to qualified positions for 
     employees in or under which the Department may employ 
     individuals described by section 5342(a)(2)(A) of such title.
       ``(c) Additional Compensation, Incentives, and 
     Allowances.--(1) The Secretary may provide employees in 
     qualified positions compensation (in addition to basic pay), 
     including benefits, incentives, and allowances, consistent 
     with, and not in excess of the level authorized for, 
     comparable positions authorized by title 5.
       ``(2) An employee in a qualified position whose rate of 
     basic pay is fixed under subsection (b)(1) shall be eligible 
     for an allowance under section 5941 of title 5 on the same 
     basis and to the same extent as if the employee was an 
     employee covered by such section, including eligibility 
     conditions, allowance rates, and all other terms and 
     conditions in law or regulation.
       ``(d) Plan for Execution of Authorities.--Not later than 
     120 days after the date of enactment of this section, the 
     Secretary shall submit a report to the appropriate committees 
     of Congress with a plan for the use of the authorities 
     provided under this section.
       ``(e) Collective Bargaining Agreements.--Nothing in 
     subsection (a) may be construed to impair the continued 
     effectiveness of a collective bargaining agreement with 
     respect to an office, component, subcomponent, or equivalent 
     of the Department that is a successor to an office, 
     component, subcomponent, or equivalent of the Department 
     covered by the agreement before the succession.
       ``(f) Required Regulations.--The Secretary, in coordination 
     with the Director of the Office of Personnel Management, 
     shall prescribe regulations for the administration of this 
     section.
       ``(g) Annual Report.--(1) Not later than one year after the 
     date of the enactment of this section and not less frequently 
     than once each year thereafter until the date that is five 
     years after the date of the enactment of this section, the 
     Secretary shall submit to the appropriate committees of 
     Congress a detailed report on the administration of this 
     section during the most recent one-year period.
       ``(2) Each report submitted under paragraph (1) shall 
     include, for the period covered by the report, the following:
       ``(A) A discussion of the process used by the Secretary in 
     accepting applications, assessing candidates, ensuring 
     adherence to veterans' preference, and selecting applicants 
     for vacancies to be filled by an individual for a qualified 
     position.
       ``(B) A description of the following:
       ``(i) How the Secretary plans to fulfill the critical need 
     of the Department to recruit and retain employees in 
     qualified positions.
       ``(ii) The measures that will be used to measure progress.
       ``(iii) Any actions taken during the reporting period to 
     fulfill such critical need.
       ``(C) A discussion of how the planning and actions taken 
     under subparagraph (B) are integrated into the strategic 
     workforce planning of the Department.
       ``(D) The metrics on actions occurring during the reporting 
     period, including the following:
       ``(i) The number of employees in qualified positions hired, 
     disaggregated by occupation, grade, and level or pay band.
       ``(ii) The placement of employees in qualified positions, 
     disaggregated by directorate and office within the 
     Department.
       ``(iii) The total number of veterans hired.
       ``(iv) The number of separations of employees in qualified 
     positions, disaggregated by occupation and grade and level or 
     pay band.
       ``(v) The number of retirements of employees in qualified 
     positions, disaggregated by occupation, grade, and level or 
     pay band.
       ``(vi) The number and amounts of recruitment, relocation, 
     and retention incentives paid to employees in qualified 
     positions, disaggregated by occupation, grade, and level or 
     pay band.
       ``(E) A description of the training provided to supervisors 
     of employees in qualified positions at the Department on the 
     use of the new authorities.
       ``(h) Three-year Probationary Period.--The probationary 
     period for all employees hired under the authority 
     established in this section shall be three years.
       ``(i) Incumbents of Existing Competitive Service 
     Positions.--(1) An individual serving in a position on the 
     date of enactment of this section that is selected to be 
     converted to a position in the excepted service under this 
     section shall have the right to refuse such conversion.
       ``(2) After the date on which an individual who refuses a 
     conversion under paragraph (1) stops serving in the position 
     selected to be converted, the position may be converted to a 
     position in the excepted service.
       ``(j) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Appropriations of the Senate; and
       ``(B) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.
       ``(2) The term `collective bargaining agreement' has the 
     meaning given that term in section 7103(a)(8) of title 5.
       ``(3) The term `excepted service' has the meaning given 
     that term in section 2103 of title 5.

[[Page S5275]]

       ``(4) The term `preference eligible' has the meaning given 
     that term in section 2108 of title 5.
       ``(5) The term `qualified position' means a position, 
     designated by the Secretary for the purpose of this section, 
     in which the incumbent performs, manages, or supervises 
     functions that execute the responsibilities of the United 
     States Cyber Command relating to cyber operations.
       ``(6) The term `Senior Executive Service' has the meaning 
     given that term in section 2101a of title 5.''.
       (b) Conforming Amendment.--Section 3132(a)(2) of title 5, 
     United States Code, is amended in the matter following 
     subparagraph (E)--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by inserting ``or'' after the 
     semicolon; and
       (3) by inserting after clause (ii) the following new 
     clause:
       ``(iii) any position established as a qualified position in 
     the excepted service by the Secretary of Defense under 
     section 1599e of title 10;''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 81 of title 10, United States Code, is 
     amended by inserting after the item relating to section 1599d 
     the following new item:

``Sec. 1599e. United States Cyber Command recruitment and retention.''.
                                 ______
                                 
  SA 3778. Mr. MENENDEZ 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. CONGRESSIONAL OVERSIGHT OF CIVILIAN NUCLEAR 
                   COOPERATION AGREEMENTS.

       (a) Thirty-year Limit on Nuclear Exports.--
       (1) In general.--Notwithstanding section 123 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2153) and except as provided in 
     paragraph (2) and subsection (b), no license to export 
     pursuant to an agreement that has entered into force pursuant 
     to the requirements of such section 123 may be issued after 
     the date that is 30 years after the date of entry into force 
     of such agreement.
       (2) Exceptions.--The restriction in paragraph (1) shall not 
     apply to--
       (A) any agreement with a country that is a member country 
     of the North Atlantic Treaty Organization, or Australia, 
     Israel, Japan, the Republic of Korea, New Zealand, the Taipei 
     Economic and Cultural Representative Office in the United 
     States (TECRO), or the International Atomic Energy Agency;
       (B) any agreement that had entered into force as of August 
     1, 2014; or
       (C) any amendment to an agreement described in subparagraph 
     (A) or (B).
       (b) Extension of Existing Agreements.--Congress may, in the 
     final five years of the 30-year time limit applicable to the 
     issuance of export licenses pursuant to an agreement under 
     subsection (a)(1), enact a joint resolution permitting the 
     issuance of such licenses for an additional period of not 
     more than 30 years without the President submitting a new 
     agreement pursuant to the requirements of section 123 of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2153).
       (c) Applicable Law.--Each proposed export pursuant to an 
     agreement described under this section shall be subject to 
     United States laws and regulations in effect at the time of 
     each such export.
                                 ______
                                 
  SA 3779. Mr. PRYOR (for Mr. Murphy) proposed an amendment to the 
resolution S. Res. 520, condemning the downing of Malaysia Airlines 
Flight 17 and expressing condolences to the families of the victims; as 
follows:

       In the fourth whereas clause of the preamble, insert ``more 
     than'' before ``10 additional aircraft''.

                          ____________________