[Congressional Record Volume 168, Number 143 (Wednesday, September 7, 2022)]
[Senate]
[Pages S4482-S4488]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5489. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 4543, to authorize appropriations for fiscal year 
2023 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                         DIVISION E--DREAM ACT

                          TITLE LI--DREAM ACT

     SEC. 5101. SHORT TITLE.

       This title may be cited as the ``Dream Act''.

     SEC. 5102. DEFINITIONS.

       In this title:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this title that is used in the immigration 
     laws shall have the meaning given such term in the 
     immigration laws.
       (2) DACA.--The term ``DACA'' means deferred action granted 
     to an alien pursuant to the Deferred Action for Childhood 
     Arrivals program announced by President Obama on June 15, 
     2012.
       (3) Disability.--The term ``disability'' has the meaning 
     given such term in section 3(1) of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102(1)).
       (4) Early childhood education program.--The term ``early 
     childhood education program'' has the meaning given such term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       (5) Elementary school; high school; secondary school.--The 
     terms ``elementary school'', ``high school'', and ``secondary 
     school'' have the meanings given such terms in section 8101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801).
       (6) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (7) Institution of higher education.--The term 
     ``institution of higher education''--
       (A) except as provided in subparagraph (B), has the meaning 
     given such term in section 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1002); and
       (B) does not include an institution of higher education 
     outside of the United States.
       (8) Permanent resident status on a conditional basis.--The 
     term ``permanent resident status on a conditional basis'' 
     means status as an alien lawfully admitted for permanent 
     residence on a conditional basis under this title.
       (9) Poverty line.--The term ``poverty line'' has the 
     meaning given such term in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902).
       (10) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (11) Uniformed services.--The term ``Uniformed Services'' 
     has the meaning given the term ``uniformed services'' in 
     section 101(a) of title 10, United States Code.

     SEC. 5103. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS 
                   FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) Conditional Basis for Status.--Notwithstanding any 
     other provision of law, an alien shall be considered, at the 
     time of obtaining the status of an alien lawfully admitted 
     for permanent residence under this section, to have obtained 
     such status on a conditional basis subject to the provisions 
     under this title.
       (b) Requirements.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall cancel the removal of, and adjust to 
     the status of an alien lawfully admitted for permanent 
     residence on a conditional basis, an alien who is 
     inadmissible or deportable from the United States or is in 
     temporary protected status under section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a), if--
       (A) the alien has been continuously physically present in 
     the United States since the date that is 4 years before the 
     date of the enactment of this Act;
       (B) the alien was younger than 18 years of age on the date 
     on which the alien initially entered the United States;
       (C) subject to paragraphs (2) and (3), the alien--
       (i) is not inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a));
       (ii) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       (iii) has not been convicted of--

       (I) any offense under Federal or State law, other than a 
     State offense for which an essential element is the alien's 
     immigration status, that is punishable by a maximum term of 
     imprisonment of more than 1 year; or
       (II) 3 or more offenses under Federal or State law, other 
     than State offenses for which an essential element is the 
     alien's immigration status, for which the alien was convicted 
     on different dates for each of the 3 offenses and imprisoned 
     for an aggregate of 90 days or more; and

       (D) the alien--
       (i) has been admitted to an institution of higher 
     education;
       (ii) has earned a high school diploma or a commensurate 
     alternative award from a public or private high school, or 
     has obtained a general education development certificate 
     recognized under State law or a high school equivalency 
     diploma in the United States; or
       (iii) is enrolled in secondary school or in an education 
     program assisting students in--

       (I) obtaining a regular high school diploma or its 
     recognized equivalent under State law; or
       (II) in passing a general educational development exam, a 
     high school equivalence diploma examination, or other similar 
     State-authorized exam.

       (2) Waiver.--With respect to any benefit under this title, 
     the Secretary may waive the grounds of inadmissibility under 
     paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) 
     of the Immigration and Nationality

[[Page S4483]]

     Act (8 U.S.C. 1182(a)) for humanitarian purposes or family 
     unity or if the waiver is otherwise in the public interest.
       (3) Treatment of expunged convictions.--An expunged 
     conviction shall not automatically be treated as an offense 
     under paragraph (1). The Secretary shall evaluate expunged 
     convictions on a case-by-case basis according to the nature 
     and severity of the offense to determine whether, under the 
     particular circumstances, the Secretary determines that the 
     alien should be eligible for cancellation of removal, 
     adjustment to permanent resident status on a conditional 
     basis, or other adjustment of status.
       (4) DACA recipients.--The Secretary shall cancel the 
     removal of, and adjust to the status of an alien lawfully 
     admitted for permanent residence on a conditional basis, an 
     alien who was granted DACA unless the alien has engaged in 
     conduct since the alien was granted DACA that would make the 
     alien ineligible for DACA.
       (5) Application fee.--
       (A) In general.--The Secretary may require an alien 
     applying for permanent resident status on a conditional basis 
     under this section to pay a reasonable fee that is 
     commensurate with the cost of processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, accumulated $10,000 or more in debt as a result of 
     unreimbursed medical expenses incurred by the alien or an 
     immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (6) Submission of biometric and biographic data.--The 
     Secretary may not grant an alien permanent resident status on 
     a conditional basis under this section unless the alien 
     submits biometric and biographic data, in accordance with 
     procedures established by the Secretary. The Secretary shall 
     provide an alternative procedure for aliens who are unable to 
     provide such biometric or biographic data because of a 
     physical impairment.
       (7) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis under this section; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for such status.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary grants 
     such alien permanent resident status on a conditional basis 
     under this section.
       (8) Medical examination.--
       (A) Requirement.--An alien applying for permanent resident 
     status on a conditional basis under this section shall 
     undergo a medical examination.
       (B) Policies and procedures.--The Secretary, with the 
     concurrence of the Secretary of Health and Human Services, 
     shall prescribe policies and procedures for the nature and 
     timing of the examination required under subparagraph (A).
       (9) Military selective service.--An alien applying for 
     permanent resident status on a conditional basis under this 
     section shall establish that the alien has registered under 
     the Military Selective Service Act (50 U.S.C. 3801 et seq.), 
     if the alien is subject to registration under such Act.
       (c) Determination of Continuous Presence.--
       (1) Termination of continuous period.--Any period of 
     continuous physical presence in the United States of an alien 
     who applies for permanent resident status on a conditional 
     basis under this section shall not terminate when the alien 
     is served a notice to appear under section 239(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1229(a)).
       (2) Treatment of certain breaks in presence.--
       (A) In general.--Except as provided in subparagraphs (B) 
     and (C), an alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under subsection (b)(1)(A) if the alien has departed from the 
     United States for any period exceeding 90 days or for any 
     periods, in the aggregate, exceeding 180 days.
       (B) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in 
     subparagraph (A) for an alien who demonstrates that the 
     failure to timely return to the United States was due to 
     extenuating circumstances beyond the alien's control, 
     including the serious illness of the alien, or death or 
     serious illness of a parent, grandparent, sibling, or child 
     of the alien.
       (C) Travel authorized by the secretary.--Any period of 
     travel outside of the United States by an alien that was 
     authorized by the Secretary may not be counted toward any 
     period of departure from the United States under subparagraph 
     (A).
       (d) Limitation on Removal of Certain Aliens.--
       (1) In general.--The Secretary or the Attorney General may 
     not remove an alien who appears prima facie eligible for 
     relief under this section.
       (2) Aliens subject to removal.--The Secretary shall provide 
     a reasonable opportunity to apply for relief under this 
     section to any alien who requests such an opportunity or who 
     appears prima facie eligible for relief under this section if 
     the alien is in removal proceedings, is the subject of a 
     final removal order, or is the subject of a voluntary 
     departure order.
       (3) Certain aliens enrolled in elementary or secondary 
     school.--
       (A) Stay of removal.--The Attorney General shall stay the 
     removal proceedings of an alien who--
       (i) meets all the requirements under subparagraphs (A), 
     (B), and (C) of subsection (b)(1), subject to paragraphs (2) 
     and (3) of such subsection;
       (ii) is at least 5 years of age; and
       (iii) is enrolled in an elementary school, a secondary 
     school, or an early childhood education program.
       (B) Commencement of removal proceedings.--The Secretary may 
     not commence removal proceedings for an alien described in 
     subparagraph (A).
       (C) Employment.--An alien whose removal is stayed pursuant 
     to subparagraph (A) or who may not be placed in removal 
     proceedings pursuant to subparagraph (B) shall, upon 
     application to the Secretary, be granted an employment 
     authorization document.
       (D) Lift of stay.--The Secretary or Attorney General may 
     not lift the stay granted to an alien under subparagraph (A) 
     unless the alien ceases to meet the requirements under such 
     subparagraph.
       (e) Exemption From Numerical Limitations.--Nothing in this 
     section or in any other law may be construed to apply a 
     numerical limitation on the number of aliens who may be 
     granted permanent resident status on a conditional basis 
     under this title.

     SEC. 5104. TERMS OF PERMANENT RESIDENT STATUS ON A 
                   CONDITIONAL BASIS.

       (a) Period of Status.--Permanent resident status on a 
     conditional basis is--
       (1) valid for a period of 8 years, unless such period is 
     extended by the Secretary; and
       (2) subject to termination under subsection (c).
       (b) Notice of Requirements.--At the time an alien obtains 
     permanent resident status on a conditional basis, the 
     Secretary shall provide notice to the alien regarding the 
     provisions of this title and the requirements to have the 
     conditional basis of such status removed.
       (c) Termination of Status.--The Secretary may terminate the 
     permanent resident status on a conditional basis of an alien 
     only if the Secretary--
       (1) determines that the alien ceases to meet the 
     requirements under paragraph (1)(C) of section 5103(b), 
     subject to paragraphs (2) and (3) of that section; and
       (2) prior to the termination, provides the alien--
       (A) notice of the proposed termination; and
       (B) the opportunity for a hearing to provide evidence that 
     the alien meets such requirements or otherwise contest the 
     termination.
       (d) Return to Previous Immigration Status.--
       (1) In general.--Except as provided in paragraph (2), an 
     alien whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     shall return to the immigration status that the alien had 
     immediately before receiving permanent resident status on a 
     conditional basis or applying for such status, as 
     appropriate.
       (2) Special rule for temporary protected status.--An alien 
     whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     and who had temporary protected status under section 244 of 
     the Immigration and Nationality Act (8 U.S.C. 1254a) 
     immediately before receiving or applying for such permanent 
     resident status on a conditional basis, as appropriate, may 
     not return to such temporary protected status if--
       (A) the relevant designation under section 244(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been 
     terminated; or
       (B) the Secretary determines that the reason for 
     terminating the permanent resident status on a conditional 
     basis renders the alien ineligible for such temporary 
     protected status.

     SEC. 5105. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT 
                   STATUS.

       (a) Eligibility for Removal of Conditional Basis.--

[[Page S4484]]

       (1) In general.--Subject to paragraph (2), the Secretary 
     shall remove the conditional basis of an alien's permanent 
     resident status granted under this title and grant the alien 
     status as an alien lawfully admitted for permanent residence 
     if the alien--
       (A) is described in paragraph (1)(C) of section 5103(b), 
     subject to paragraphs (2) and (3) of that section;
       (B) has not abandoned the alien's residence in the United 
     States; and
       (C)(i) has acquired a degree from an institution of higher 
     education or has completed at least 2 years, in good 
     standing, in a program for a bachelor's degree or higher 
     degree in the United States;
       (ii) has served in the Uniformed Services for at least 2 
     years and, if discharged, received an honorable discharge; or
       (iii) has been employed for periods totaling at least 3 
     years and at least 75 percent of the time that the alien has 
     had a valid employment authorization, except that any period 
     during which the alien is not employed while having a valid 
     employment authorization and is enrolled in an institution of 
     higher education, a secondary school, or an education program 
     described in section 5103(b)(1)(D)(iii), shall not count 
     toward the time requirements under this clause.
       (2) Hardship exception.--The Secretary shall remove the 
     conditional basis of an alien's permanent resident status and 
     grant the alien status as an alien lawfully admitted for 
     permanent residence if the alien--
       (A) satisfies the requirements under subparagraphs (A) and 
     (B) of paragraph (1);
       (B) demonstrates compelling circumstances for the inability 
     to satisfy the requirements under subparagraph (C) of such 
     paragraph; and
       (C) demonstrates that--
       (i) the alien has a disability;
       (ii) the alien is a full-time caregiver of a minor child; 
     or
       (iii) the removal of the alien from the United States would 
     result in extreme hardship to the alien or the alien's 
     spouse, parent, or child who is a national of the United 
     States or is lawfully admitted for permanent residence.
       (3) Citizenship requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     the conditional basis of an alien's permanent resident status 
     granted under this title may not be removed unless the alien 
     demonstrates that the alien satisfies the requirements under 
     section 312(a) of the Immigration and Nationality Act (8 
     U.S.C. 1423(a)).
       (B) Exception.--Subparagraph (A) shall not apply to an 
     alien who is unable to meet the requirements under such 
     section 312(a) due to disability.
       (4) Application fee.--
       (A) In general.--The Secretary may require aliens applying 
     for lawful permanent resident status under this section to 
     pay a reasonable fee that is commensurate with the cost of 
     processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, the alien accumulated $10,000 or more in debt as a 
     result of unreimbursed medical expenses incurred by the alien 
     or an immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (5) Submission of biometric and biographic data.--The 
     Secretary may not remove the conditional basis of an alien's 
     permanent resident status unless the alien submits biometric 
     and biographic data, in accordance with procedures 
     established by the Secretary. The Secretary shall provide an 
     alternative procedure for applicants who are unable to 
     provide such biometric data because of a physical impairment.
       (6) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the alien's permanent resident status; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of such conditional basis.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary removes 
     the conditional basis of the alien's permanent resident 
     status.
       (b) Treatment for Purposes of Naturalization.--
       (1) In general.--For purposes of title III of the 
     Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
     alien granted permanent resident status on a conditional 
     basis shall be considered to have been admitted to the United 
     States, and be present in the United States, as an alien 
     lawfully admitted for permanent residence.
       (2) Limitation on application for naturalization.--An alien 
     may not apply for naturalization while the alien is in 
     permanent resident status on a conditional basis.

     SEC. 5106. DOCUMENTATION REQUIREMENTS.

       (a) Documents Establishing Identity.--An alien's 
     application for permanent resident status on a conditional 
     basis may include, as proof of identity--
       (1) a passport or national identity document from the 
     alien's country of origin that includes the alien's name and 
     the alien's photograph or fingerprint;
       (2) the alien's birth certificate and an identity card that 
     includes the alien's name and photograph;
       (3) a school identification card that includes the alien's 
     name and photograph, and school records showing the alien's 
     name and that the alien is or was enrolled at the school;
       (4) a Uniformed Services identification card issued by the 
     Department of Defense;
       (5) any immigration or other document issued by the United 
     States Government bearing the alien's name and photograph; or
       (6) a State-issued identification card bearing the alien's 
     name and photograph.
       (b) Documents Establishing Continuous Physical Presence in 
     the United States.--To establish that an alien has been 
     continuously physically present in the United States, as 
     required under section 5103(b)(1)(A), or to establish that an 
     alien has not abandoned residence in the United States, as 
     required under section 5105(a)(1)(B), the alien may submit 
     documents to the Secretary, including--
       (1) employment records that include the employer's name and 
     contact information;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) records of service from the Uniformed Services;
       (4) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (5) passport entries;
       (6) a birth certificate for a child who was born in the 
     United States;
       (7) automobile license receipts or registration;
       (8) deeds, mortgages, or rental agreement contracts;
       (9) tax receipts;
       (10) insurance policies;
       (11) remittance records;
       (12) rent receipts or utility bills bearing the alien's 
     name or the name of an immediate family member of the alien, 
     and the alien's address;
       (13) copies of money order receipts for money sent in or 
     out of the United States;
       (14) dated bank transactions; or
       (15) 2 or more sworn affidavits from individuals who are 
     not related to the alien who have direct knowledge of the 
     alien's continuous physical presence in the United States, 
     that contain--
       (A) the name, address, and telephone number of the affiant; 
     and
       (B) the nature and duration of the relationship between the 
     affiant and the alien.
       (c) Documents Establishing Initial Entry Into the United 
     States.--To establish under section 5103(b)(1)(B) that an 
     alien was younger than 18 years of age on the date on which 
     the alien initially entered the United States, an alien may 
     submit documents to the Secretary, including--
       (1) an admission stamp on the alien's passport;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) any document from the Department of Justice or the 
     Department of Homeland Security stating the alien's date of 
     entry into the United States;
       (4) hospital or medical records showing medical treatment 
     or hospitalization, the name of the medical facility or 
     physician, and the date of the treatment or hospitalization;
       (5) rent receipts or utility bills bearing the alien's name 
     or the name of an immediate family member of the alien, and 
     the alien's address;
       (6) employment records that include the employer's name and 
     contact information;
       (7) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (8) a birth certificate for a child who was born in the 
     United States;
       (9) automobile license receipts or registration;
       (10) deeds, mortgages, or rental agreement contracts;
       (11) tax receipts;
       (12) travel records;
       (13) copies of money order receipts sent in or out of the 
     country;
       (14) dated bank transactions;
       (15) remittance records; or
       (16) insurance policies.
       (d) Documents Establishing Admission to an Institution of 
     Higher Education.--To establish that an alien has been 
     admitted to

[[Page S4485]]

     an institution of higher education, the alien shall submit to 
     the Secretary a document from the institution of higher 
     education certifying that the alien--
       (1) has been admitted to the institution; or
       (2) is currently enrolled in the institution as a student.
       (e) Documents Establishing Receipt of a Degree From an 
     Institution of Higher Education.--To establish that an alien 
     has acquired a degree from an institution of higher education 
     in the United States, the alien shall submit to the Secretary 
     a diploma or other document from the institution stating that 
     the alien has received such a degree.
       (f) Documents Establishing Receipt of High School Diploma, 
     General Educational Development Certificate, or a Recognized 
     Equivalent.--To establish that an alien has earned a high 
     school diploma or a commensurate alternative award from a 
     public or private high school, or has obtained a general 
     educational development certificate recognized under State 
     law or a high school equivalency diploma in the United 
     States, the alien shall submit to the Secretary--
       (1) a high school diploma, certificate of completion, or 
     other alternate award;
       (2) a high school equivalency diploma or certificate 
     recognized under State law; or
       (3) evidence that the alien passed a State-authorized exam, 
     including the general educational development exam, in the 
     United States.
       (g) Documents Establishing Enrollment in an Educational 
     Program.--To establish that an alien is enrolled in any 
     school or education program described in section 
     5103(b)(1)(D)(iii), 5103(d)(3)(A)(iii), or 5105(a)(1)(C), the 
     alien shall submit school records from the United States 
     school that the alien is currently attending that include--
       (1) the name of the school; and
       (2) the alien's name, periods of attendance, and current 
     grade or educational level.
       (h) Documents Establishing Exemption From Application 
     Fees.--To establish that an alien is exempt from an 
     application fee under section 5103(b)(5)(B) or 5105(a)(4)(B), 
     the alien shall submit to the Secretary the following 
     relevant documents:
       (1) Documents to establish age.--To establish that an alien 
     meets an age requirement, the alien shall provide proof of 
     identity, as described in subsection (a), that establishes 
     that the alien is younger than 18 years of age.
       (2) Documents to establish income.--To establish the 
     alien's income, the alien shall provide--
       (A) employment records that have been maintained by the 
     Social Security Administration, the Internal Revenue Service, 
     or any other Federal, State, or local government agency;
       (B) bank records; or
       (C) at least 2 sworn affidavits from individuals who are 
     not related to the alien and who have direct knowledge of the 
     alien's work and income that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien.
       (3) Documents to establish foster care, lack of familial 
     support, homelessness, or serious, chronic disability.--To 
     establish that the alien was in foster care, lacks parental 
     or familial support, is homeless, or has a serious, chronic 
     disability, the alien shall provide at least 2 sworn 
     affidavits from individuals who are not related to the alien 
     and who have direct knowledge of the circumstances that 
     contain--
       (A) a statement that the alien is in foster care, otherwise 
     lacks any parental or other familiar support, is homeless, or 
     has a serious, chronic disability, as appropriate;
       (B) the name, address, and telephone number of the affiant; 
     and
       (C) the nature and duration of the relationship between the 
     affiant and the alien.
       (4) Documents to establish unpaid medical expense.--To 
     establish that the alien has debt as a result of unreimbursed 
     medical expenses, the alien shall provide receipts or other 
     documentation from a medical provider that--
       (A) bear the provider's name and address;
       (B) bear the name of the individual receiving treatment; 
     and
       (C) document that the alien has accumulated $10,000 or more 
     in debt in the past 12 months as a result of unreimbursed 
     medical expenses incurred by the alien or an immediate family 
     member of the alien.
       (i) Documents Establishing Qualification for Hardship 
     Exemption.--To establish that an alien satisfies one of the 
     criteria for the hardship exemption set forth in section 
     5105(a)(2)(C), the alien shall submit to the Secretary at 
     least 2 sworn affidavits from individuals who are not related 
     to the alien and who have direct knowledge of the 
     circumstances that warrant the exemption, that contain--
       (1) the name, address, and telephone number of the affiant; 
     and
       (2) the nature and duration of the relationship between the 
     affiant and the alien.
       (j) Documents Establishing Service in the Uniformed 
     Services.--To establish that an alien has served in the 
     Uniformed Services for at least 2 years and, if discharged, 
     received an honorable discharge, the alien shall submit to 
     the Secretary--
       (1) a Department of Defense form DD-214;
       (2) a National Guard Report of Separation and Record of 
     Service form 22;
       (3) personnel records for such service from the appropriate 
     Uniformed Service; or
       (4) health records from the appropriate Uniformed Service.
       (k) Documents Establishing Employment.--
       (1) In general.--An alien may satisfy the employment 
     requirement under section 5105(a)(1)(C)(iii) by submitting 
     records that--
       (A) establish compliance with such employment requirement; 
     and
       (B) have been maintained by the Social Security 
     Administration, the Internal Revenue Service, or any other 
     Federal, State, or local government agency.
       (2) Other documents.--An alien who is unable to submit the 
     records described in paragraph (1) may satisfy the employment 
     requirement by submitting at least 2 types of reliable 
     documents that provide evidence of employment, including--
       (A) bank records;
       (B) business records;
       (C) employer records;
       (D) records of a labor union, day labor center, or 
     organization that assists workers in employment;
       (E) sworn affidavits from individuals who are not related 
     to the alien and who have direct knowledge of the alien's 
     work, that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien; and
       (F) remittance records.
       (l) Authority To Prohibit Use of Certain Documents.--If the 
     Secretary determines, after publication in the Federal 
     Register and an opportunity for public comment, that any 
     document or class of documents does not reliably establish 
     identity or that permanent resident status on a conditional 
     basis is being obtained fraudulently to an unacceptable 
     degree, the Secretary may prohibit or restrict the use of 
     such document or class of documents.

     SEC. 5107. RULEMAKING.

       (a) Initial Publication.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary shall 
     publish regulations implementing this title in the Federal 
     Register. Such regulations shall allow eligible individuals 
     to immediately apply affirmatively for the relief available 
     under section 5103 without being placed in removal 
     proceedings.
       (b) Interim Regulations.--Notwithstanding section 553 of 
     title 5, United States Code, the regulations published 
     pursuant to subsection (a) shall be effective, on an interim 
     basis, immediately upon publication in the Federal Register, 
     but may be subject to change and revision after public notice 
     and opportunity for a period of public comment.
       (c) Final Regulations.--Not later than 180 days after the 
     date on which interim regulations are published under this 
     section, the Secretary shall publish final regulations 
     implementing this title.
       (d) Paperwork Reduction Act.--The requirements under 
     chapter 35 of title 44, United States Code (commonly known as 
     the ``Paperwork Reduction Act''), shall not apply to any 
     action to implement this title.

     SEC. 5108. CONFIDENTIALITY OF INFORMATION.

       (a) In General.--The Secretary may not disclose or use 
     information provided in applications filed under this title 
     or in requests for DACA for the purpose of immigration 
     enforcement.
       (b) Referrals Prohibited.--The Secretary may not refer any 
     individual who has been granted permanent resident status on 
     a conditional basis or who was granted DACA to U.S. 
     Immigration and Customs Enforcement, U.S. Customs and Border 
     Protection, or any designee of either such entity.
       (c) Limited Exception.--Notwithstanding subsections (a) and 
     (b), information provided in an application for permanent 
     resident status on a conditional basis or a request for DACA 
     may be shared with Federal security and law enforcement 
     agencies--
       (1) for assistance in the consideration of an application 
     for permanent resident status on a conditional basis;
       (2) to identify or prevent fraudulent claims;
       (3) for national security purposes; or
       (4) for the investigation or prosecution of any felony not 
     related to immigration status.
       (d) Penalty.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.

     SEC. 5109. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY 
                   FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

       (a) In General.--Section 505 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1623) is repealed.
       (b) Effective Date.--The repeal under subsection (a) shall 
     take effect as if included in the original enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
     546).
                                 ______
                                 
  SA 5490. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 4543, to authorize appropriations for fiscal year 
2023 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page S4486]]


  

       At the appropriate place in title V, insert the following:

     SEC. __. EXTREMIST ACTIVITY BY A MEMBER OF THE ARMED FORCES: 
                   TRANSITION ASSISTANCE PROGRAM COUNSELING; 
                   NOTATION IN SERVICE RECORD.

       (a) Transition Assistance Program Counseling.--
       (1) In general.--Subsection (b) of section 1142 of title 
     10, United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(20) In the case of a member who has violated Department 
     of Defense Instruction 1325.06 (or successor instruction) by 
     participating in extremist activity, in-person counseling, 
     developed by the Secretary of Defense in consultation with 
     the Secretary of Homeland Security, that includes--
       ``(A) efforts to deradicalize the member;
       ``(B) information regarding why extremist activity is 
     inconsistent with service in the armed forces and with 
     national security;
       ``(C) information regarding the dangers associated with 
     involvement with an extremist group; and
       ``(D) methods for the member to recognize and avoid 
     disinformation.''.
       (2) Implementation.--The Secretary of Defense shall 
     complete development of counseling provided under paragraph 
     (20) of such subsection, as added by paragraph (1), not later 
     than the day that is one year after the date of the enactment 
     of this Act. The Secretary concerned shall ensure that such 
     counseling is carried out on and after that day.
       (b) Service Record.--In the case of a member of the Armed 
     Forces who has violated Department of Defense Instruction 
     1325.06 (or successor instruction) by participating in 
     extremist activity, the Secretary concerned shall ensure that 
     the commanding officer of the member notes the violation in 
     the service record of the member.
       (c) Secretary Concerned Defined.--In this section, the term 
     ``Secretary concerned'' has the meaning given that term in 
     section 101(a) of title 10, United States Code.
                                 ______
                                 
  SA 5491. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 4543, to authorize appropriations for fiscal year 
2023 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1035. PROHIBITION ON USE OF FUNDS TO OPERATE THE 
                   DETENTION FACILITY AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, AFTER SEPTEMBER 
                   30, 2024.

       None of the funds authorized to be appropriated or 
     otherwise made available by this Act or any other Act may be 
     used to operate the detention facility at United States Naval 
     Station, Guantanamo Bay, Cuba, after September 30, 2024.

     SEC. 1036. REPEAL OF PROHIBITIONS RELATING TO DETAINEES AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA.

       (a) Use of Funds for Transfer or Release of Individuals 
     Detained at United States Naval Station, Guantanamo Bay, 
     Cuba, to Certain Countries.--Section 1035 of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1954), as most recently 
     amended by section 1032 of the National Defense Authorization 
     Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), 
     is repealed.
       (b) Use of Funds for Transfer or Release of Individuals 
     Detained at United States Naval Station, Guantanamo Bay, 
     Cuba, to the United States.--Section 1033 of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1953), as most recently 
     amended by section 1033 of the National Defense Authorization 
     Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), 
     is repealed.
       (c) Use of Funds to Construct or Modify Facilities in the 
     United States to House Detainees Transferred From United 
     States Naval Station, Guantanamo Bay, Cuba.--Section 1034 of 
     the John S. McCain National Defense Authorization Act for 
     Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as 
     most recently amended by section 1034 of the National Defense 
     Authorization Act for Fiscal Year 2022 (Public Law 117-81; 
     135 Stat. 1901), is repealed.

     SEC. 1037. REPEAL OF CERTAIN REQUIREMENTS FOR CERTIFICATIONS 
                   AND NOTIFICATIONS RELATING TO TRANSFER OF 
                   DETAINEES AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND 
                   OTHER FOREIGN ENTITIES.

       (a) Certification.--Section 1034 of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 
     129 Stat. 969; 10 U.S.C. 801 note) is repealed.
       (b) Notification.--Section 308 of the Intelligence 
     Authorization Act for Fiscal Year 2012 (Public Law 112-87; 
     125 Stat. 1883; 10 U.S.C. 801 note) is repealed.

     SEC. 1038. REPEAL OF CHAPTER 47A OF TITLE 10, UNITED STATES 
                   CODE.

       (a) In General.--Subchapters I through VI and subchapter 
     VIII of chapter 47A of title 10, United States Code, are 
     repealed.
       (b) Conforming Amendments to Subchapter VII.--Subchapter 
     VII of chapter 47A of such title is amended--
       (1) in section 950d(a)(3), by inserting ``(as in effect on 
     the day before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2023)'' after ``of 
     this title'';
       (2) in section 950f--
       (A) in subsection (b)--
       (i) in paragraph (2), by inserting ``(as in effect on the 
     day before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2023)'' after ``of this 
     title''; and
       (ii) in paragraph (6)(B), by striking ``section 949b(b)(4) 
     of this title'' and inserting ``paragraph (7)''; and
       (B) by adding at the end the following new paragraph:
       ``(7) No appellate military judge on the United States 
     Court of Military Commission Review may be reassigned to 
     other duties, except under circumstances as follows:
       ``(A) The appellate military judge voluntarily requests to 
     be reassigned to other duties and the Secretary of Defense, 
     or the designee of the Secretary, in consultation with the 
     Judge Advocate General of the armed force of which the 
     appellate military judge is a member, approves such 
     reassignment.
       ``(B) The appellate military judge retires or otherwise 
     separates from the armed forces.
       ``(C) The appellate military judge is reassigned to other 
     duties by the Secretary of Defense, or the designee of the 
     Secretary, in consultation with the Judge Advocate General of 
     the armed force of which the appellate military judge is a 
     member, based on military necessity and such reassignment is 
     consistent with service rotation regulations (to the extent 
     such regulations are applicable).
       ``(D) The appellate military judge is withdrawn by the 
     Secretary of Defense, or the designee of the Secretary, in 
     consultation with the Judge Advocate General of the armed 
     force of which the appellate military judge is a member, for 
     good cause consistent with applicable procedures under 
     chapter 47 of this title (the Uniform Code of Military 
     Justice).'';
       (3) in section 950h(c), by inserting ``(as in effect on the 
     day before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2023)'' after ``of this 
     title''; and
       (4) by adding at the end the following new section:

     ``Sec. 950k. Definition

       ``In this subchapter, the term `military commission under 
     this chapter' means a military commission under this chapter 
     as in effect on the day before the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 
     2023.''.
       (c) Clerical Amendment.--The table of subchapters at the 
     beginning of chapter 47A of such title is amended by striking 
     the items relating to subchapters I through VI and subchapter 
     VIII.
                                 ______
                                 
  SA 5492. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 4543, to authorize appropriations for fiscal year 
2023 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 155. SENSE OF THE SENATE ON USE OF TOTAL COST OF 
                   OWNERSHIP MODEL FOR PROCUREMENT OF NONTACTICAL 
                   VEHICLES.

       (a) Findings.--Congress finds the following:
       (1) It is financially prudent for the Department of Defense 
     to procure cost-effective zero-emission vehicles by 
     considering the total cost of ownership (referred to in this 
     section as ``TCO'') of such vehicles.
       (2) A TCO procurement model would account for operating 
     costs of vehicles, including fuel, maintenance, and public 
     health savings.
       (3) Use of a TCO procurement model by the Department of 
     Defense in the procurement of nontactical vehicles would 
     maximize cost savings and bolster energy and national 
     security.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Department of Defense should calculate and consider 
     the TCO when procuring a nontactical vehicle; and
       (2) the Department of Defense, when conducting any action 
     with the Government Services Administration relating to the 
     procurement or requisition of a nontactical vehicle, should--
       (A) work with the Department of Energy to develop a TCO 
     procurement model that uses State-wide, regional, and 
     inventory variables to estimate the cost of converting the 
     nontactical vehicle fleet of the Department of Defense to 
     zero-emission vehicles;
       (B) submit to Congress a report summarizing such 
     procurement or requisition that, at a minimum, identifies--
       (i) types of vehicles by--

       (I) size; and
       (II) fuel source; and

       (ii) the total estimated cost savings and avoided emissions 
     that result or would have

[[Page S4487]]

     resulted from the purchase or lease of a zero-emission 
     vehicle instead of an internal combustion engine vehicle;
       (C) incorporate the TCO procurement model developed under 
     subparagraph (A) into any such procurement or requisition 
     action; and
       (D) authorize any exemptions from use of the TCO 
     procurement model developed under subparagraph (A) as the 
     Secretary of Defense considers appropriate, including by--
       (i) authorizing exemptions for certain categories of 
     vehicles, including emergency vehicles or other nontactical 
     vehicles as determined by the Secretary, when a vehicle type 
     is not available for the needed application;
       (ii) authorizing exemptions upon finding that a zero-
     emission vehicle is not a practicable alternative to an 
     internal combustion engine vehicle for a particular use, or 
     for some other compelling reason; and
       (iii) developing guidance regarding procedures for 
     requesting such exemptions, including the criteria for 
     evaluating such exemption requests, which should be published 
     on the website of the Department of Defense and given a 30-
     day period for public review and comment before the 
     Department adopts or revises such guidance.
                                 ______
                                 
  SA 5493. Mr. DURBIN (for himself, Mr. Brown, Mr. Carper, and Mr. 
Wyden) submitted an amendment intended to be proposed by him to the 
bill S. 4543, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. PROHIBITION ON SMOKING IN FACILITIES OF THE 
                   VETERANS HEALTH ADMINISTRATION.

       (a) Prohibition.--
       (1) In general.--Section 1715 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 1715. Prohibition on smoking in facilities of the 
       Veterans Health Administration

       ``(a) Prohibition.--No person (including any veteran, 
     patient, resident, employee of the Department, contractor, or 
     visitor) may smoke on the premises of any facility of the 
     Veterans Health Administration.
       ``(b) Definitions.--In this section:
       ``(1) The term `facility of the Veterans Health 
     Administration' means any land or building (including any 
     medical center, nursing home, domiciliary facility, 
     outpatient clinic, or center that provides readjustment 
     counseling) that is--
       ``(A) under the jurisdiction of the Department of Veterans 
     Affairs;
       ``(B) under the control of the Veterans Health 
     Administration; and
       ``(C) not under the control of the General Services 
     Administration.
       ``(2) The term `smoke' includes--
       ``(A) the use of cigarettes, cigars, pipes, and any other 
     combustion or heating of tobacco; and
       ``(B) the use of any electronic nicotine delivery system, 
     including electronic or e-cigarettes, vape pens, and e-
     cigars.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of chapter 17 of such title is 
     amended by striking the item relating to section 1715 and 
     inserting the following new item:

``1715. Prohibition on smoking in facilities of the Veterans Health 
              Administration.''.

       (b) Conforming Amendment.--Section 526 of the Veterans 
     Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1715 
     note) is repealed.
                                 ______
                                 
  SA 5494. Mr. DURBIN (for himself and Mr. Blunt) submitted an 
amendment intended to be proposed by him to the bill S. 4543, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       In the funding table in section 4101, in the item relating 
     to F/A-18E/F (FIGHTER) HORNET, strike the amount in the 
     Senate Authorized column and insert ``756,865''.
       In the funding table in section 4101, in the item relating 
     to Total Aircraft Procurement, Navy, strike the amount in the 
     Senate Authorized column and insert ``19,125,814''.
       In the funding table in section 4101, in the item relating 
     to Total Procurement, strike the amount in the Senate 
     Authorized column and insert ``158,585,016''.
                                 ______
                                 
  SA 5495. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 4543, to authorize appropriations for fiscal year 
2023 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1052. TERMINATION OF AUTHORIZATIONS FOR THE USE OF 
                   MILITARY FORCE AND DECLARATIONS OF WAR.

       (a) Future Authorizations for the Use of Military Force and 
     Declarations of War.--Any authorization for the use of 
     military force or declaration of war enacted into law after 
     the date of enactment of this Act shall terminate on the date 
     that is 10 years after the date of enactment of such 
     authorization or declaration.
       (b) Existing Authorizations for the Use of Military Force 
     and Declarations of War.--Any authorization for the use of 
     military force or declaration of war enacted before the date 
     of the enactment of this Act shall terminate on the date that 
     is 6 months after the date of such enactment.
                                 ______
                                 
  SA 5496. Mr. DURBIN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 4543, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

               Subtitle G--Baltic Defense and Deterrence

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Baltic Defense and 
     Deterrence Act''.

     SEC. 1282. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) supporting and strengthening the security of Estonia, 
     Latvia, and Lithuania (referred to in this Act as the 
     ``Baltic countries'') is in the national security interests 
     of the United States;
       (2) continuing to strengthen and update the United States-
     Baltics security cooperation roadmap is critical to achieving 
     strategic security priorities as the Baltic countries face 
     ongoing belligerence and threats from the Russian Federation, 
     including amid the Russian Federation's illegal and 
     unprovoked war in Ukraine that began on February 24, 2022;
       (3) the United States should encourage advancement of the 
     Three Seas Initiative to strengthen transport, energy, and 
     digital infrastructures among Eastern European countries, 
     including the Baltic countries; and
       (4) improved economic ties between the United States and 
     the Baltic countries, including to counter economic pressure 
     by the People's Republic of China, offer an opportunity to 
     strengthen the United States-Baltic strategic partnership.

     SEC. 1283. BALTIC SECURITY AND ECONOMIC ENHANCEMENT 
                   INITIATIVE.

       (a) Establishment.--The Secretary of State shall establish 
     and implement an initiative, to be known as the ``Baltic 
     Security and Economic Enhancement Initiative'', for the 
     purpose of increasing security and economic ties with the 
     Baltic countries.
       (b) Objectives.--The objectives of the Baltic Security and 
     Economic Enhancement Initiative shall be--
       (1) to ensure timely delivery of security assistance to the 
     Baltic countries, prioritizing assistance to bolster defenses 
     against hybrid warfare and improve interoperability with the 
     military forces of the North Atlantic Treaty Organization;
       (2) to mitigate the impact on the Baltic countries of 
     economic coercion by the Russian Federation and the People's 
     Republic of China;
       (3) to identify new opportunities for foreign direct 
     investment and United States business ties; and
       (4) to bolster United States support for the economic and 
     energy security needs of the Baltic countries, including by 
     convening an annual trade forum with the Baltic countries and 
     the United States International Development Finance 
     Corporation.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Department of State, $60,000,000 
     for each of fiscal years 2023 through 2027 to carry out the 
     initiative authorized under subsection (a).

     SEC. 1284. BALTIC SECURITY INITIATIVE.

       (a) Establishment.--The Secretary of Defense shall 
     establish and implement an initiative, to be known as the 
     ``Baltic Security Initiative'', for the purpose of deepening 
     security cooperation with the Baltic countries.
       (b) Objectives.--The objectives of the Baltic Security 
     Initiative shall be--
       (1) to achieve United States national security objectives, 
     including deterring aggression by the Russian Federation and 
     bolstering the long-term security of North Atlantic Treaty 
     Organization allies;
       (2) to enhance regional planning and cooperation among the 
     Baltic countries, particularly with respect to long-term 
     regional capability projects, including--
       (A) long-range precision fire systems and capabilities;
       (B) integrated air and missile defense;
       (C) maritime domain awareness;
       (D) land forces development, including stockpiling large 
     caliber ammunition;

[[Page S4488]]

       (E) command, control, communications, computers, 
     intelligence, surveillance, and reconnaissance;
       (F) special operations forces development; and
       (G) coordination with and security enhancements for Poland, 
     which is a neighboring North Atlantic Treaty Organization 
     ally; and
       (3) to improve the Baltic countries' cyber defenses and 
     resilience to hybrid threats.
       (c) Strategy.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report setting forth the strategy of the 
     Department of Defense to achieve the objectives described in 
     subsection (b).
       (2) Considerations.--The strategy required by paragraph (1) 
     shall include a consideration of--
       (A) security assistance programs for the Baltic countries 
     managed by the Department of State;
       (B) the ongoing security threats to the North Atlantic 
     Treaty Organization's eastern flank posed by Russian 
     aggression, including as a result of the Russian Federation's 
     2022 invasion of Ukraine with support from Belarus; and
       (C) rising tensions with, and presence in the Baltic 
     countries of, the People's Republic of China, including 
     economic bullying of the Baltic countries by the People's 
     Republic of China.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Department of Defense, 
     $250,000,000 for each of fiscal years 2023 through 2027 to 
     carry out the initiative authorized under subsection (a).
                                 ______
                                 
  SA 5497. Mr. DURBIN (for himself and Ms. Duckworth) submitted an 
amendment intended to be proposed by him to the bill S. 4543, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
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. 144. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF C-40 
                   AIRCRAFT.

       (a) Prohibition.--None of the funds authorized to be 
     appropriated by this Act for fiscal year 2023 for the Air 
     Force may be obligated to retire, prepare to retire, or place 
     in storage or on backup aircraft inventory status any C-40 
     aircraft.
       (b) Exception.--
       (1) In general.--The prohibition under subsection (a) shall 
     not apply to an individual C-40 aircraft that the Secretary 
     of the Air Force determines, on a case-by-case basis, to be 
     no longer mission capable because of a Class A mishap.
       (2) Certification required.--If the Secretary determines 
     under paragraph (1) that an aircraft is no longer mission 
     capable, the Secretary shall submit to the congressional 
     defense committees a certification that the status of such 
     aircraft is due to a Class A mishap and not due to lack of 
     maintenance or repairs or other reasons.

                          ____________________