[Congressional Record (Bound Edition), Volume 160 (2014), Part 8]
[Senate]
[Pages 11781-11796]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 3531. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 1____. OVERNIGHT PARKING AT UNITS OF THE NATIONAL 
                   WILDLIFE REFUGE SYSTEM.

       (a) In General.--Notwithstanding any other provision of law 
     (including regulations), the Secretary of the Interior shall 
     issue to covered individuals described in subsection (b) 
     permits to park for a period of not more than 72 consecutive 
     hours unattended off-highway vehicles in any area of a unit 
     of the National Wildlife Refuge System in which parking is 
     permitted.
       (b) Covered Individual.--A covered individual referred to 
     in subsection (a) is an individual that is--
       (1) at least 65 years of age;
       (2) a veteran with a service-connected disability (as 
     defined in section 101 of title 38, United States Code); or
       (3) entitled to benefits under section 223 of the Social 
     Security Act (42 U.S.C. 423).
                                 ______
                                 
  SA 3532. Ms. STABENOW (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill S. 2363, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, insert the following:

      TITLE III--RURAL HERITAGE CONSERVATION EXTENSION ACT OF 2014

     SEC. 301. SPECIAL RULE FOR CONTRIBUTIONS OF QUALIFIED 
                   CONSERVATION CONTRIBUTIONS MADE PERMANENT.

       (a) In General.--
       (1) Individuals.--Subparagraph (E) of section 170(b)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     clause (vi).
       (2) Corporations.--Subparagraph (B) of section 170(b)(2) of 
     such Code is amended by striking clause (iii).
       (b) Effective Date.--The amendments made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2013.

     SEC. 302. ELIMINATION OF CHARITABLE DEDUCTION FOR EASEMENTS 
                   ON GOLF COURSES.

       (a) In General.--Section 170(h) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(7) Exception for easements for golf courses.--For 
     purposes of this section, the term `qualified conservation 
     contribution' shall not include any contribution of an 
     easement for use on, or intended for use on, a golf 
     course.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3533. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 1____. MIGRATORY BIRD HUNTING AND CONSERVATION STAMP.

       (a) Increase in Price of Migratory Bird Hunting and 
     Conservation Stamp to Fund Acquisition of Conservation 
     Easements for Migratory Birds.--The Migratory Bird Hunting 
     and Conservation Stamp Act is amended--
       (1) in section 2(b) (16 U.S.C. 718b(b))--
       (A) by striking ``1990, and'' and inserting ``1990,''; and
       (B) by striking ``for each hunting year thereafter'' and 
     inserting ``for hunting years 1991 through 2013, and $25 for 
     each hunting year thereafter'';
       (2) by adding at the end of section 2 (16 U.S.C. 718b) the 
     following:
       ``(c) Reduction in Price of Stamp.--The Secretary may 
     reduce the price of each stamp sold under the provisions of 
     this section for a hunting year if the Secretary determines 
     that the increase in the price of the stamp after hunting 
     year 2013 resulted in a reduction in revenues deposited into 
     the fund;''; and
       (3) in section 4 (16 U.S.C. 718d)--
       (A) in subsection (a)(3), by inserting before the period 
     the following: ``, in which there shall be a subaccount to 
     which the Secretary of the Treasury shall transfer all 
     amounts in excess of $15 that are received from the sale of 
     each stamp sold for each hunting year after hunting year 
     2013'';
       (B) in subsection (b)(1), by striking ``So much'' and 
     inserting ``except as provided in paragraph (4), so much'';
       (C) in subsection (b)(2), by striking ``paragraph (3)'' and 
     inserting ``paragraphs (3) and (4)''; and
       (D) by adding at the end of subsection (b) the following:
       ``(4) Conservation easements.--Amounts in the subaccount 
     referred to in subsection (a)(3) shall be used by the 
     Secretary solely to acquire easements in real property for 
     conservation of migratory birds.''.
       (b) Annual Report on Expenditures.--Section 4 of the 
     Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 
     718d) is further amended--
       (1) in subsection (c)--
       (A) by striking so much as precedes ``The Secretary may'' 
     and inserting the following:
       ``(c) Promotion of Stamp Sales.--''; and
       (B) by striking paragraph (2); and
       (2) by adding at the end the following:
       ``(e) Annual Report.--The Secretary shall include in each 
     annual report of the Commission under section 3 of the 
     Migratory Bird Conservation Act (16 U.S.C. 715b)--
       ``(1) a description of activities conducted under 
     subsection (c) in the year covered by the report; and
       ``(2) an annual assessment of the status of wetlands 
     conservation projects for migratory bird conservation 
     purposes, including a clear and accurate accounting of--
       ``(A) all expenditures by Federal and State agencies under 
     this section;
       ``(B) all expenditures made for fee-simple acquisition of 
     Federal lands in the United States, including the amount paid 
     and acreage of each parcel acquired in each acquisition.''.
                                 ______
                                 
  SA 3534. Ms. COLLINS (for herself, Mr. Udall of Colorado, Mr. Burr, 
Mrs. Shaheen, Mr. Graham, Mr. Wyden, Mr. Alexander, Mr. Walsh, Mr. 
Portman, Mr. Leahy, Mr. Heinrich, and Ms. Ayotte) submitted an 
amendment intended to be proposed by her to the bill S. 2363, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. ___. SENSE OF THE SENATE ON THE LAND AND WATER 
                   CONSERVATION FUND.

       (a) Findings.--The Senate finds the following:
       (1) The year 2014 marks the 50th anniversary of the 
     establishment of the Land and Water Conservation Fund under 
     section 2 of the Land and Water Conservation Act of 1965 (16 
     U.S.C. 460l-5) (referred to in this subsection as the 
     ``Fund''), the most successful and enduring conservation and 
     outdoor recreation program of the United States.
       (2) The Fund will expire in 2015 unless Congress takes 
     action to renew this important program.
       (3) The Fund has protected outdoor recreation sites in 
     every State and nearly every county in the United States by 
     ensuring access to hunting and fishing areas, protecting the 
     most historic sites of the United States, supporting working 
     forests and ranches, creating national scenic and historic 
     trails, and conserving critical habitats.
       (4) The Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.) has a 50-year history of bipartisan 
     support as, with the overwhelming support of Congress--
       (A) support for the Act began during the Eisenhower 
     Administration;
       (B) the Act was proposed to Congress by President Kennedy; 
     and
       (C) the Act was signed into law by President Johnson.
       (5) The Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.) is fully funded, without relying on 
     tax dollars, through the annual collection of $900,000,000 by 
     the Treasury of the United States from a small percentage of 
     royalties from offshore drilling and other Federal energy 
     revenue sources.
       (6) The Fund honors the principles of fiscal conservatism 
     by reinvesting revenues from the sale of 1 national resource 
     to protect other natural resources and ensure outdoor 
     recreation for all people of the United States.
       (7) Over the 50-year history of the Fund, more than half 
     the amount credited to the Fund account has been diverted for 
     other purposes.
       (8) Continued investments in the Fund will stimulate the 
     economy of the United States, create jobs, and strengthen 
     infrastructure.
       (9) Outdoor recreation and conservation activities are 
     important economic contributors and support jobs in 
     communities across the United States.

[[Page 11782]]

       (10) The Fund drives local economies by growing 
     recreational land to match increases in population and 
     development pressure while also creating and protecting jobs 
     in working forests and on working farms and ranches.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.) should be reauthorized; and
       (2) full, permanent, and dedicated funding for the Land and 
     Water Conservation Fund would keep the promise that was made 
     to the people of the United States in 1964 to invest a small 
     portion of the proceeds from natural resource development in 
     conservation and outdoor recreation.
                                 ______
                                 
  SA 3535. Ms. COLLINS (for herself, Mr. Udall of Colorado, Mr. Burr, 
Mrs. Shaheen, Mr. Graham, Mr. Wyden, and Mr. Alexander) submitted an 
amendment intended to be proposed by her to the bill S. 2363, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. ___. SENSE OF THE SENATE ON THE LAND AND WATER 
                   CONSERVATION FUND.

       (a) Findings.--The Senate finds the following:
       (1) The year 2014 marks the 50th anniversary of the 
     establishment of the Land and Water Conservation Fund under 
     section 2 of the Land and Water Conservation Act of 1965 (16 
     U.S.C. 460l-5) (referred to in this subsection as the 
     ``Fund''), the most successful and enduring conservation and 
     outdoor recreation program of the United States.
       (2) The Fund will expire in 2015 unless Congress takes 
     action to renew this important program.
       (3) The Fund has protected outdoor recreation sites in 
     every State and nearly every county in the United States by 
     ensuring access to hunting and fishing areas, protecting the 
     most historic sites of the United States, supporting working 
     forests and ranches, creating national scenic and historic 
     trails, and conserving critical habitats.
       (4) The Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.) has a 50-year history of bipartisan 
     support as, with the overwhelming support of Congress--
       (A) support for the Act began during the Eisenhower 
     Administration;
       (B) the Act was proposed to Congress by President Kennedy; 
     and
       (C) the Act was signed into law by President Johnson.
       (5) The Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.) is fully funded, without relying on 
     tax dollars, through the annual collection of $900,000,000 by 
     the Treasury of the United States from a small percentage of 
     royalties from offshore drilling and other Federal energy 
     revenue sources.
       (6) The Fund honors the principles of fiscal conservatism 
     by reinvesting revenues from the sale of 1 national resource 
     to protect other natural resources and ensure outdoor 
     recreation for all people of the United States.
       (7) Over the 50-year history of the Fund, more than half 
     the amount credited to the Fund account has been diverted for 
     other purposes.
       (8) Continued investments in the Fund will stimulate the 
     economy of the United States, create jobs, and strengthen 
     infrastructure.
       (9) Outdoor recreation and conservation activities are 
     important economic contributors and support jobs in 
     communities across the United States.
       (10) The Fund drives local economies by growing 
     recreational land to match increases in population and 
     development pressure while also creating and protecting jobs 
     in working forests and on working farms and ranches.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.) should be reauthorized; and
       (2) full, permanent, and dedicated funding for the Land and 
     Water Conservation Fund would keep the promise that was made 
     to the people of the United States in 1964 to invest a small 
     portion of the proceeds from natural resource development in 
     conservation and outdoor recreation.
                                 ______
                                 
  SA 3536. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 203 and insert the following:

     SEC. 203. NORTH AMERICAN WETLANDS CONSERVATION ACT.

       (a) Authorization of Appropriations.--Section 7(c) of the 
     North American Wetlands Conservation Act (16 U.S.C. 4406(c)) 
     is amended--
       (1) in paragraph (4), by striking ``and'';
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) $50,000,000 for each of fiscal years 2014 through 
     2019.''.
       (b) Certain Proposed Rule.--For the purposes of 
     implementing this Act, during the period of fiscal years 2014 
     through 2019, the proposed rule entitled ``Definition of 
     `Waters of the United States' Under the Clean Water Act'' (79 
     Fed. Reg. 22188 (April 21, 2014)) shall not apply.
                                 ______
                                 
  SA 3537. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STATE AND TRIBAL MANAGEMENT AND PROTECTION OF WILD 
                   FREE-ROAMING HORSES AND BURROS.

       Public Law 92-195 (16 U.S.C. 1331 et seq.) (commonly known 
     as the ``Wild Free-Roaming Horses and Burros Act'') is 
     amended by adding at the end the following:

     ``SEC. 12. STATE AND TRIBAL MANAGEMENT AND PROTECTION.

       ``(a) In General.--Except as provided in subsection (c), at 
     the request of a State legislature, Governor of a State, or 
     the governing body of a federally recognized Indian tribe, 
     the Secretary shall allow the State or federally recognized 
     Indian tribe to assume all management and protection 
     functions under this Act with respect to wild free-roaming 
     horses and burros on land within the boundaries of the State 
     or federally recognized Indian tribe.
       ``(b) Management.--Beginning on the date on which a State 
     or federally recognized Indian tribe assumes the functions 
     under subsection (a), the State or federally recognized 
     Indian tribe shall manage wild free-roaming horses and burros 
     on land within the boundaries of the State or federally 
     recognized Indian tribe--
       ``(1) in accordance with this Act; and
       ``(2) in the same manner as any other non-federally 
     regulated species with respect to functions not specified in 
     this Act.
       ``(c) Inventory.--Notwithstanding the assumption of 
     functions by a State or federally recognized Indian tribe 
     under subsections (a) and (b), the Secretary shall continue 
     to maintain the inventory required by section 3(b)(1).''.
                                 ______
                                 
  SA 3538. Mr. JOHANNS (for himself and Mrs. Fischer) submitted an 
amendment intended to be proposed by him to the bill S. 2363, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title II, add the following:

     SEC. 2____. PROHIBITION ON USE OF FUNDS FOR CERTAIN 
                   CONSERVATION AREAS.

       No funds made available under section 101 or the amendments 
     made by section 201 or 203 shall be used by the Secretary of 
     the Interior to acquire any land or interests in land for the 
     Niobrara Confluence and Ponca Bluffs Conservation Areas 
     unless the Secretary of the Interior solicits input from, and 
     receives the consent of, the Governor and legislature of the 
     State in which the land is located with respect to the 
     acquisition.
                                 ______
                                 
  SA 3539. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 1____. NATIONAL FISH HATCHERY SYSTEM.

       In administering the National Fish Hatchery System, the 
     Secretary of the Interior (acting through the Director of the 
     United States Fish and Wildlife Service) shall give priority 
     to increasing recreational fishing opportunities for the 
     public.
                                 ______
                                 
  SA 3540. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 2363, to protect and enhance 
opportunities for recreational hunting, fishing, and shooting, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

               TITLE III--ILLEGAL TRAFFICKING IN FIREARMS

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Stop Illegal Trafficking 
     in Firearms Act of 2014''.

     SEC. 302. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING 
                   AMENDMENTS.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 932. Straw purchasing of firearms

       ``(a) For purposes of this section--
       ``(1) the term `crime of violence' has the meaning given 
     that term in section 924(c)(3);

[[Page 11783]]

       ``(2) the term `drug trafficking crime' has the meaning 
     given that term in section 924(c)(2); and
       ``(3) the term `purchase' includes the receipt of any 
     firearm by a person who does not own the firearm--
       ``(A) by way of pledge or pawn as security for the payment 
     or repayment of money; or
       ``(B) on consignment.
       ``(b) It shall be unlawful for any person (other than a 
     licensed importer, licensed manufacturer, licensed collector, 
     or licensed dealer) to knowingly purchase, or attempt or 
     conspire to purchase, any firearm in or otherwise affecting 
     interstate or foreign commerce--
       ``(1) from a licensed importer, licensed manufacturer, 
     licensed collector, or licensed dealer for, on behalf of, or 
     at the request or demand of any other person, known or 
     unknown; or
       ``(2) from any person who is not a licensed importer, 
     licensed manufacturer, licensed collector, or licensed dealer 
     for, on behalf of, or at the request or demand of any other 
     person, known or unknown, knowing or having reasonable cause 
     to believe that such other person--
       ``(A) is under indictment for, or has been convicted in any 
     court of, a crime punishable by imprisonment for a term 
     exceeding 1 year;
       ``(B) is a fugitive from justice;
       ``(C) is an unlawful user of or addicted to any controlled 
     substance (as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802));
       ``(D) has been adjudicated as a mental defective or has 
     been committed to any mental institution;
       ``(E) is an alien who--
       ``(i) is illegally or unlawfully in the United States; or
       ``(ii) except as provided in section 922(y)(2), has been 
     admitted to the United States under a nonimmigrant visa (as 
     that term is defined in section 101(a)(26) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(26));
       ``(F) has been discharged from the Armed Forces under 
     dishonorable conditions;
       ``(G) having been a citizen of the United States, has 
     renounced his or her citizenship;
       ``(H) is subject to a court order that restrains such 
     person from harassing, stalking, or threatening an intimate 
     partner of such person or child of such intimate partner or 
     person, or engaging in other conduct that would place an 
     intimate partner in reasonable fear of bodily injury to the 
     partner or child, except that this subparagraph shall only 
     apply to a court order that--
       ``(i) was issued after a hearing of which such person 
     received actual notice, and at which such person had the 
     opportunity to participate; and
       ``(ii)(I) includes a finding that such person represents a 
     credible threat to the physical safety of such intimate 
     partner or child; or
       ``(II) by its terms explicitly prohibits the use, attempted 
     use, or threatened use of physical force against such 
     intimate partner or child that would reasonably be expected 
     to cause bodily injury;
       ``(I) has been convicted in any court of a misdemeanor 
     crime of domestic violence;
       ``(J) intends to--
       ``(i) use, carry, possess, or sell or otherwise dispose of 
     the firearm or ammunition in furtherance of a crime of 
     violence or drug trafficking crime; or
       ``(ii) export the firearm or ammunition in violation of 
     law;
       ``(K)(i) does not reside in any State; and
       ``(ii) is not a citizen of the United States; or
       ``(L) intends to sell or otherwise dispose of the firearm 
     or ammunition to a person described in any of subparagraphs 
     (A) through (K).
       ``(c)(1) Except as provided in paragraph (2), any person 
     who violates subsection (b) shall be fined under this title, 
     imprisoned for not more than 15 years, or both.
       ``(2) If a violation of subsection (b) is committed knowing 
     or with reasonable cause to believe that any firearm involved 
     will be used to commit a crime of violence, the person shall 
     be sentenced to a term of imprisonment of not more than 25 
     years.
       ``(d) Subsection (b)(1) shall not apply to any firearm that 
     is lawfully purchased by a person--
       ``(1) to be given as a bona fide gift to a recipient who 
     provided no service or tangible thing of value to acquire the 
     firearm, unless the person knows or has reasonable cause to 
     believe such recipient is prohibited by Federal law from 
     possessing, receiving, selling, shipping, transporting, 
     transferring, or otherwise disposing of the firearm; or
       ``(2) to be given to a bona fide winner of an organized 
     raffle, contest, or auction conducted in accordance with law 
     and sponsored by a national, State, or local organization or 
     association, unless the person knows or has reasonable cause 
     to believe such recipient is prohibited by Federal law from 
     possessing, purchasing, receiving, selling, shipping, 
     transporting, transferring, or otherwise disposing of the 
     firearm.

     ``Sec. 933. Trafficking in firearms

       ``(a) It shall be unlawful for any person to--
       ``(1) ship, transport, transfer, cause to be transported, 
     or otherwise dispose of a firearm to another person in or 
     otherwise affecting interstate or foreign commerce, if the 
     transferor knows or has reasonable cause to believe that the 
     use, carrying, or possession of a firearm by the transferee 
     would be in violation of, or would result in a violation of, 
     any Federal law punishable by a term of imprisonment 
     exceeding 1 year;
       ``(2) receive from another person a firearm in or otherwise 
     affecting interstate or foreign commerce, if the recipient 
     knows or has reasonable cause to believe that such receipt 
     would be in violation of, or would result in a violation of, 
     any Federal law punishable by a term of imprisonment 
     exceeding 1 year; or
       ``(3) attempt or conspire to commit the conduct described 
     in paragraph (1) or (2).
       ``(b)(1) Except as provided in paragraph (2), any person 
     who violates subsection (a) shall be fined under this title, 
     imprisoned for not more than 15 years, or both.
       ``(2) If a violation of subsection (a) is committed by a 
     person in concert with 5 or more other persons with respect 
     to whom such person occupies a position of organizer, leader, 
     supervisor, or manager, the person shall be sentenced to a 
     term of imprisonment of not more than 25 years.

     ``Sec. 934. Forfeiture and fines

       ``(a)(1) Any person convicted of a violation of section 932 
     or 933 shall forfeit to the United States, irrespective of 
     any provision of State law--
       ``(A) any property constituting, or derived from, any 
     proceeds the person obtained, directly or indirectly, as the 
     result of such violation; and
       ``(B) any of the person's property used, or intended to be 
     used, in any manner or part, to commit, or to facilitate the 
     commission of, such violation.
       ``(2) The court, in imposing sentence on a person convicted 
     of a violation of section 932 or 933, shall order, in 
     addition to any other sentence imposed pursuant to section 
     932 or 933, that the person forfeit to the United States all 
     property described in paragraph (1).
       ``(b) A defendant who derives profits or other proceeds 
     from an offense under section 932 or 933 may be fined not 
     more than the greater of--
       ``(1) the fine otherwise authorized by this part; and
       ``(2) the amount equal to twice the gross profits or other 
     proceeds of the offense under section 932 or 933.''.
       (b) Title III Authorization.--Section 2516(1)(n) of title 
     18, United States Code, is amended by striking ``sections 922 
     and 924'' and inserting ``section 922, 924, 932, or 933''.
       (c) Racketeering Amendment.--Section 1961(1)(B) of title 
     18, United States Code, is amended by inserting ``section 932 
     (relating to straw purchasing), section 933 (relating to 
     trafficking in firearms),'' before ``section 1028''.
       (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of 
     title 18, United States Code, is amended by striking 
     ``section 924(n)'' and inserting ``section 924(n), 932, or 
     933''.
       (e) Directive to Sentencing Commission.--Pursuant to its 
     authority under section 994 of title 28, United States Code, 
     and in accordance with this section, the United States 
     Sentencing Commission shall review and amend its guidelines 
     and policy statements to ensure that persons convicted of an 
     offense under section 932 or 933 of title 18, United States 
     Code, and other offenses applicable to the straw purchases 
     and trafficking of firearms are subject to increased 
     penalties in comparison to those currently provided by the 
     guidelines and policy statements for such straw purchasing 
     and firearms trafficking offenses. The Commission shall also 
     review and amend its guidelines and policy statements to 
     reflect the intent of Congress that a person convicted of an 
     offense under section 932 or 933 of title 18, United States 
     Code, who is affiliated with a gang, cartel, organized crime 
     ring, or other such enterprise should be subject to higher 
     penalties than an otherwise unaffiliated individual.
       (f) Technical and Conforming Amendment.--The table of 
     sections of chapter 44 of title 18, United States Code, is 
     amended by adding at the end the following:

``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.

     SEC. 303. AMENDMENTS TO SECTION 922(D).

       Section 922(d) of title 18, United States Code, is 
     amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting a semicolon; and
       (3) by striking the matter following paragraph (9) and 
     inserting the following:
       ``(10) intends to sell or otherwise dispose of the firearm 
     or ammunition to a person described in any of paragraphs (1) 
     through (9); or
       ``(11) intends to sell or otherwise dispose of the firearm 
     or ammunition in furtherance of a crime of violence or drug 
     trafficking offense or to export the firearm or ammunition in 
     violation of law.

     This subsection shall not apply with respect to the sale or 
     disposition of a firearm or ammunition to a licensed 
     importer, licensed manufacturer, licensed dealer, or licensed 
     collector who pursuant to subsection (b) of

[[Page 11784]]

     section 925 is not precluded from dealing in firearms or 
     ammunition, or to a person who has been granted relief from 
     disabilities pursuant to subsection (c) of section 925.''.

     SEC. 304. AMENDMENTS TO SECTION 924(A).

       Section 924(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``(d), (g),''; and
       (2) by adding at the end the following:
       ``(8) Whoever knowingly violates subsection (d) or (g) of 
     section 922 shall be fined under this title, imprisoned not 
     more than 15 years, or both.''.

     SEC. 305. AMENDMENTS TO SECTION 924(H).

       Section 924 of title 18, United States Code, is amended by 
     striking subsection (h) and inserting the following:
       ``(h)(1) Whoever knowingly receives or transfers a firearm 
     or ammunition, or attempts or conspires to do so, knowing or 
     having reasonable cause to believe that such firearm or 
     ammunition will be used to commit a crime of violence (as 
     defined in subsection (c)(3)), a drug trafficking crime (as 
     defined in subsection (c)(2)), or a crime under the Arms 
     Export Control Act (22 U.S.C. 2751 et seq.), the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.), the Foreign Narcotics Kingpin Designation Act (21 
     U.S.C. 1901 et seq.), or section 212(a)(2)(C) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(C)) 
     shall be imprisoned not more than 25 years, fined in 
     accordance with this title, or both.
       ``(2) No term of imprisonment imposed on a person under 
     this subsection shall run concurrently with any term of 
     imprisonment imposed on the person under section 932.''.

     SEC. 306. AMENDMENTS TO SECTION 924(K).

       Section 924 of title 18, United States Code, is amended by 
     striking subsection (k) and inserting the following:
       ``(k)(1) A person who, with intent to engage in or to 
     promote conduct that--
       ``(A) is punishable under the Controlled Substances Act (21 
     U.S.C. 801 et seq.), the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 
     46;
       ``(B) violates any law of a State relating to any 
     controlled substance (as defined in section 102 of the 
     Controlled Substances Act, 21 U.S.C. 802); or
       ``(C) constitutes a crime of violence (as defined in 
     subsection (c)(3)),
     smuggles or knowingly brings into the United States, a 
     firearm or ammunition, or attempts or conspires to do so, 
     shall be imprisoned not more than 15 years, fined under this 
     title, or both.
       ``(2) A person who, with intent to engage in or to promote 
     conduct that--
       ``(A) would be punishable under the Controlled Substances 
     Act (21 U.S.C. 801 et seq.), the Controlled Substances Import 
     and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of 
     title 46, if the conduct had occurred within the United 
     States; or
       ``(B) would constitute a crime of violence (as defined in 
     subsection (c)(3)) for which the person may be prosecuted in 
     a court of the United States, if the conduct had occurred 
     within the United States,

     smuggles or knowingly takes out of the United States, a 
     firearm or ammunition, or attempts or conspires to do so, 
     shall be imprisoned not more than 15 years, fined under this 
     title, or both.''.
                                 ______
                                 
  SA 3541. Mr. COBURN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 2363, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

   TITLE III--NATIONAL PARK SYSTEM DONOR CONTRIBUTION ACKNOWLEDGMENT

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``National Park System Donor 
     Contribution Acknowledgment Act of 2014''.

     SEC. 302. DEFINITIONS.

       In this title:
       (1) Donor acknowledgment.--
       (A) In general.--The term ``donor acknowledgment'' means a 
     statement, logo, trademark, proper legal name, or other 
     reasonable form of credit acknowledging a contribution by a 
     donor.
       (B) Exclusions.--The term ``donor acknowledgment'' does not 
     include--
       (i) a sign or other fixture that would block or obstruct a 
     natural or historic site or view; or
       (ii) a statement or credit that promotes a political 
     candidate or issue.
       (2) Eligible structure.--
       (A) In general.--The term ``eligible structure'' means a 
     structure at a unit of the National Park System.
       (B) Inclusions.--The term ``eligible structure'' includes--
       (i) a visitor center;
       (ii) an administrative structure; and
       (iii) a specific room or section of a visitor center or an 
     administrative structure.
       (C) Exclusion.--The term ``eligible structure'' does not 
     include a commemorative work (as defined in section 8902(a) 
     of title 40, United States Code).
       (3) Landscape feature.--
       (A) In general.--The term ``landscape feature'' means a 
     component that conveys the historic character or significance 
     of a landscape.
       (B) Inclusions.--The term ``landscape feature'' includes--
       (i) an original component of, a replacement of an original 
     component of, a compatible alteration to, or a new addition 
     to the landscape;
       (ii) a component that ranges in scale from a single 
     specimen tree to--

       (I) a group of plantings (such as a hedge or an allee of 
     trees); and
       (II) an entire orchard; and

       (iii) a pathway, stairway, or plaza.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 303. DONOR CONTRIBUTION ACKNOWLEDGMENTS AT NON-HISTORIC 
                   STRUCTURES IN UNITS OF THE NATIONAL PARK 
                   SYSTEM.

       (a) In General.--Subject to subsections (b) and (c), the 
     Secretary shall allow the display of donor acknowledgments at 
     eligible structures, fixtures, and landscape fixtures within 
     the National Park System.
       (b) Eligible Fixtures.--
       (1) In general.--Donor acknowledgments under subsection (a) 
     may be affixed to benches, furnishings, bricks, and vehicles.
       (2) Limitation.--Any donor acknowledgment under subsection 
     (a) associated with a landscape feature, an item in a museum 
     collection, or a historic structure shall--
       (A) be freestanding; and
       (B) not be affixed to the landscape feature, item, or 
     structure.
       (c) Requirements.--Donor acknowledgments under subsection 
     (a) shall be displayed--
       (1) in a manner that is approved by the Secretary, in 
     consultation with the Superintendent at the unit of the 
     National Park System in which the eligible structure is 
     located, after taking into account any input from the 
     donating entity; and
       (2) for a period of time, as determined by the Secretary, 
     in consultation with the Superintendent at the unit of the 
     National Park System in which the eligible structure is 
     located, that is commensurate with the amount of the 
     contribution and the life of the eligible structure.
       (d) Expansion of Donor Acknowledgments.--The Secretary may 
     authorize the use of donor acknowledgments under this section 
     to include donor acknowledgments on digital and media 
     platforms, including online applications and web-based 
     product downloads relating to a specific unit of the National 
     Park System.
       (e) Implementation.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall implement this 
     section.
       (f) Effect of Section.--Nothing in this section requires 
     the Secretary to accept a donation.

     SEC. 304. DONOR CONTRIBUTION ACKNOWLEDGMENTS TO BE DISPLAYED 
                   AT COMMEMORATIVE WORKS.

       Section 8905 of title 40, United States Code, is amended--
       (1) in subsection (b), by striking paragraph (7); and
       (2) by adding at the end the following:
       ``(c) Donor Contributions.--
       ``(1) Acknowledgment of donor contribution.--Except as 
     otherwise provided in this subsection, the Secretary of the 
     Interior or Administrator of General Services, as applicable, 
     may permit a sponsor to acknowledge donor contributions at 
     the commemorative work.
       ``(2) Requirements.--An acknowledgment under paragraph (1) 
     shall--
       ``(A) be displayed inside an ancillary structure associated 
     with the commemorative work; and
       ``(B) conform to applicable National Park Service or 
     General Services Administration guidelines for donor 
     recognition, as applicable.
       ``(3) Limitations.--An acknowledgment under paragraph (1) 
     shall--
       ``(A) be limited to an appropriate statement or credit 
     recognizing the contribution;
       ``(B) be displayed in a form approved by the National Mall 
     and Memorial Parks Donor Recognition Plan and General 
     Services Administration guidelines;
       ``(C) be displayed for a period of up to 10 years, with the 
     display period to be commensurate with the level of the 
     contribution, as determined in accordance with the plan and 
     guidelines described in subparagraph (B);
       ``(D) be freestanding; and
       ``(E) not be affixed to--
       ``(i) any landscape feature at the commemorative work; or
       ``(ii) any object in a museum collection.
       ``(4) Cost.--The sponsor shall bear all expenses related to 
     the display of donor acknowledgments under paragraph (1).
       ``(5) Applicability.--This subsection shall apply to any 
     commemorative work dedicated after January 1, 2010.''.
                                 ______
                                 
  SA 3542. Mr. VITTER (for himself, Mr. Cruz, Mr. Barrasso, and Mr. 
Crapo) submitted an amendment intended to be proposed by him to the 
bill S. 2363, to protect and enhance opportunities for recreational 
hunting, fishing, and shooting, and for other

[[Page 11785]]

purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

            TITLE III--TERMINATION OF OPERATION CHOKE POINT

     SECTION 301. TERMINATION OF OPERATION CHOKE POINT.

       (a) In General.--No agency of the Federal Government may 
     initiate, undertake, or continue--
       (1) any investigation pursuant to section 951 of the 
     Financial Institutions Reform, Recovery, and Enforcement Act 
     of 1989 (12 U.S.C. 1833a) for the purpose of carrying out 
     Operation Choke Point;
       (2) any industry-wide investigation of nondepository 
     lenders, payment processors, or persons licensed pursuant to 
     chapter 44 of title 18, United States Code, that are 
     regulated by the Federal Government or a State government to 
     engage in lawful activities, as such investigations were 
     described in a presentation made by the Department of Justice 
     to the Federal Financial Institutions Examination Council on 
     September 17, 2013; and
       (3) any enforcement action under section 8(a) of the 
     Federal Deposit Insurance Act (12 (U.S.C. 1818(a)), any cease 
     and desist order, or any bank examination for the purpose of 
     terminating the relationship between a bank and any legally 
     authorized business based on the products or services 
     provided by that business.
       (b) Definition of State.--For purposes of this section, the 
     term ``State'' means any State, territory, or possession of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, the Commonwealth of the Northern Mariana 
     Islands, Guam, American Samoa, or the United States Virgin 
     Islands or any Indian tribe included on the list published by 
     the Secretary of the Interior in accordance with section 104 
     of the Federally Recognized Indian Tribe List Act of 1994 (25 
     U.S.C. 479a-1).
                                 ______
                                 
  SA 3543. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                      TITLE III--FOREST MANAGEMENT

                    Subtitle A--FLAME Act Amendment

     SEC. 301. FINDINGS.

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

     SEC. 302. FLAME ACT AMENDMENT.

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

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

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

     SEC. 303. WILDFIRE DISASTER FUNDING AUTHORITY.

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

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

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

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

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

       ``(aa) hazardous fuels reduction projects and other 
     activities of the Secretary of the

[[Page 11786]]

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

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

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

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

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

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

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

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

                 Subtitle B--Forest Treatment Projects

     SEC. 311. DEFINITIONS.

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

     SEC. 312. PROJECTS IN FOREST MANAGEMENT EMPHASIS AREAS.

       (a) Conduct of Covered Projects Within Forest Management 
     Emphasis Areas.--
       (1) In general.--The Secretary may conduct covered projects 
     in Forest Management Emphasis Areas, subject to paragraphs 
     (2) through (4).
       (2) Designating timber for cutting.--
       (A) In general.--Notwithstanding section 14(g) of the 
     National Forest Management Act of 1976 (16 U.S.C. 472a(g)), 
     the Secretary may use designation by prescription or 
     designation by description in conducting covered projects 
     under this subtitle.
       (B) Requirement.--The designation methods authorized under 
     subparagraph (A) shall be used in a manner that ensures that 
     the quantity of national forest material that is removed from 
     the Forest Management Emphasis Area is verifiable and 
     accountable.
       (3) Contracting methods.--
       (A) In general.--Timber sale contracts under section 14 of 
     the National Forest Management Act of 1976 (16 U.S.C. 472a) 
     shall be the primary means of carrying out covered projects 
     under this subtitle.
       (B) Record.--If the Secretary does not use a timber sale 
     contract under section 14 of the National Forest Management 
     Act of 1976 (16 U.S.C. 472a) to carry out a covered project 
     under this subtitle, the Secretary shall provide a written 
     record specifying the reasons that different contracting 
     methods were used.
       (4) Acreage treatment requirements.--
       (A) Total acreage requirements.--The Secretary shall 
     identify, prioritize, and carry out covered projects in 
     Forest Management Emphasis Areas that mechanically treat a 
     total of at least 7,500,000 acres in the Forest Management 
     Emphasis Areas during the 15-year period beginning on the 
     date that is 60 days after the date on which the Secretary 
     assigns the acreage treatment requirements under subparagraph 
     (B).
       (B) Assignment of acreage treatment requirements to 
     individual units of the national forest system.--
       (i) In general.--Not later than 60 days after the date of 
     enactment of this Act and subject to clause (ii), the 
     Secretary, in the sole discretion of the Secretary, shall 
     assign the acreage treatment requirements that shall apply to 
     the Forest Management Emphasis Areas of each unit of the 
     National Forest System.
       (ii) Limitation.--Notwithstanding clause (i), the acreage 
     treatment requirements assigned to a specific unit of the 
     National Forest System under that clause may not apply to 
     more than 25 percent of the acreage to be treated in any unit 
     of the National Forest System in a Forest Management Emphasis 
     Area during the 15-year period described in subparagraph (A).
       (b) Environmental Analysis and Public Review Process for 
     Covered Projects in Forest Management Emphasis Areas.--
       (1) Environmental assessment.--The Secretary shall comply 
     with the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.) by completing an environmental assessment that 
     assesses the direct environmental effects of each covered 
     project proposed to be conducted within a Forest Management 
     Emphasis Area, except that the Secretary shall not be 
     required to study, develop, or describe more than the 
     proposed agency action and 1 alternative to the proposed 
     agency action for purposes of that Act.
       (2) Public notice and comment.--In preparing an 
     environmental assessment for a covered project under 
     paragraph (1), the Secretary shall provide--
       (A) public notice of the covered project; and
       (B) an opportunity for public comment on the covered 
     project.
       (3) Length.--The environmental assessment prepared for a 
     covered project under paragraph (1) shall not exceed 100 
     pages in length.
       (4) Inclusion of certain documents.--The Secretary may 
     incorporate, by reference, into an environmental assessment 
     any documents that the Secretary, in the sole discretion of 
     the Secretary, determines are relevant to the assessment of 
     the environmental effects of the covered project.
       (5) Deadline for completion.--Not later than 180 days after 
     the date on which the Secretary has published notice of a 
     covered project in accordance with paragraph (2), the 
     Secretary shall complete the environmental assessment for the 
     covered project.
       (c) Compliance With Endangered Species Act.--To comply with 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
     the Secretary shall use qualified professionals on the staff 
     of the Forest Service to make determinations required under 
     section 7 of that Act (16 U.S.C. 1536).
       (d) Limitation on Revision of National Forest Plans.--The 
     Secretary may not, during a revision of a forest plan under 
     section 6 of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1604), reduce the acres 
     designated as suitable for timber harvest under a covered 
     project, unless the Secretary determines, in consultation 
     with the Secretary of the Interior, that the reduction in 
     acreage is necessary to prevent a jeopardy finding under 
     section 7(b) of the Endangered Species Act of 1973 (16 U.S.C. 
     1536(b)).

     SEC. 313. ADMINISTRATIVE REVIEW; ARBITRATION.

       (a) Administrative Review.--Administrative review of a 
     covered project shall occur only in accordance with the 
     special administrative review process established by section 
     105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
     6515).
       (b) Arbitration.--
       (1) In general.--There is established in the Department of 
     Agriculture a pilot program that--

[[Page 11787]]

       (A) authorizes the use of arbitration instead of judicial 
     review of a decision made following the special 
     administrative review process for a covered project described 
     in subsection (a); and
       (B) shall be the sole means to challenge a covered project 
     in a Forest Management Emphasis Area during the 15-year 
     period beginning on the date that is 60 days after the date 
     on which the Secretary assigns the acreage treatment 
     requirements under section 312(a)(4)(B).
       (2) Arbitration process procedures.--
       (A) In general.--Any person who sought administrative 
     review for a covered project in accordance with subsection 
     (a) and who is not satisfied with the decision made under the 
     administrative review process may file a demand for 
     arbitration in accordance with--
       (i) chapter 1 of title 9, United States Code; and
       (ii) this paragraph.
       (B) Requirements for demand.--A demand for arbitration 
     under subparagraph (A) shall--
       (i) be filed not more than 30 days after the date on which 
     the special administrative review decision is issued under 
     subsection (a); and
       (ii) include a proposal containing the modifications sought 
     to the covered project.
       (C) Intervening parties.--
       (i) Deadline for submission; requirements.--Any person that 
     submitted a public comment on the covered project subject to 
     the demand for arbitration may intervene in the arbitration 
     under this subsection by submitting a proposal endorsing or 
     modifying the covered project by the date that is 30 days 
     after the date on which the demand for arbitration is filed 
     under subparagraph (A).
       (ii) Multiple parties.--Multiple objectors or intervening 
     parties that meet the requirements of clause (i) may submit a 
     joint proposal under that clause.
       (D) Appointment of arbitrator.--The United States District 
     Court in the district in which a covered project subject to a 
     demand for arbitration filed under subparagraph (A) is 
     located shall appoint an arbitrator to conduct the 
     arbitration proceedings in accordance with this subsection.
       (E) Selection of proposals.--
       (i) In general.--An arbitrator appointed under subparagraph 
     (D)--

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

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

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

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

     SEC. 314. DISTRIBUTION OF REVENUE.

       (a) Payments to Counties.--
       (1) In general.--Effective for fiscal year 2015 and each 
     fiscal year thereafter until the termination date under 
     section 316, the Secretary shall provide to each county in 
     which a covered project is carried out annual payments in an 
     amount equal to 25 percent of the amounts received for the 
     applicable fiscal year by the Secretary from the covered 
     project.
       (2) Limitation.--A payment made under paragraph (1) shall 
     be in addition to any payments the county receives under the 
     payment to States required by the sixth paragraph under the 
     heading ``Forest service'' in the Act of May 23, 1908 (35 
     Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 
     1, 1911 (36 Stat. 963; 16 U.S.C. 500).
       (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--
     After compliance with subsection (a), the Secretary shall use 
     amounts received by the Secretary from covered projects 
     during each of the fiscal years during the period described 
     in subsection (a) to make deposits into the fund established 
     under section 3 of the Act of June 9, 1930 (commonly known as 
     the ``Knutson-Vandenberg Act'') (16 U.S.C. 576b) and the fund 
     established under section 14(h) of the National Forest 
     Management Act of 1976 (16 U.S.C. 472a(h)) in contributions 
     equal to the amounts otherwise collected under those Acts for 
     projects conducted on National Forest System land.
       (c) Deposit in General Fund of the Treasury.--After 
     compliance with subsections (a) and (b), the Secretary shall 
     deposit into the general fund of the Treasury any remaining 
     amounts received by the Secretary for each of the fiscal 
     years referred to in those subsections from covered projects.

     SEC. 315. PERFORMANCE MEASURES; REPORTING.

       (a) Performance Measures.--The Secretary shall develop 
     performance measures that evaluate the degree to which the 
     Secretary is achieving--
       (1) the purposes of this subtitle; and
       (2) the minimum acreage requirements established under 
     section 312(a)(4).
       (b) Annual Reports.--Annually, the Secretary shall submit 
     to the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives--
       (1) a report that describes the results of evaluations 
     using the performance measures developed under subsection 
     (a); and
       (2) a report that describes--
       (A) the number and substance of the covered projects that 
     are subject to administrative review and arbitration under 
     section 313; and
       (B) the outcomes of the administrative review and 
     arbitration under that section.

     SEC. 316. TERMINATION.

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

               Subtitle C--Forest Stewardship Contracting

     SEC. 321. CANCELLATION CEILINGS.

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

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

       ``(ii) Transmittal to omb.--At least 14 days before the 
     date on which the Chief and Director enter into an agreement 
     or contract under subsection (b), the Chief and Director 
     shall transmit to the Director of the Office of Management 
     and Budget a copy of the written notice submitted under 
     clause (i).''.
                                 ______
                                 
  SA 3544. Mr. HEINRICH (for himself and Mr. Tester) submitted an 
amendment intended to be proposed by him to the bill S. 2363, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     TITLE III--PROTECTION OF TREATIES AND RIGHTS OF INDIAN TRIBES

     SEC. 3____. PROTECTION OF TREATIES AND RIGHTS OF INDIAN 
                   TRIBES.

       (a) Definition of Indian Tribe.--In this section, the term 
     ``Indian tribe'' has the meaning given the term in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b).
       (b) Effect of Act.--Notwithstanding any other provision of 
     law, nothing in this Act or the amendments made by this Act 
     affects or modifies any treaty or other right of any Indian 
     tribe, including the protection of sacred and cultural areas.
       (c) Duties of the Secretaries With Respect to Treaty 
     Rights.--In carrying out this Act or the amendments made by 
     this Act, the Secretary of the Interior and the Secretary of 
     Agriculture shall take appropriate measures to uphold treaty 
     and other rights of Indian tribes, including protecting and 
     preserving sacred and cultural areas of Indian tribes located 
     on Federal public land.
                                 ______
                                 
  SA 3545. Mr. CORNYN (for himself, Mr. Vitter, Mr. Thune, Mr. Blunt, 
and Mr. Barrasso) submitted an amendment intended to be proposed by him 
to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONSTITUTIONAL CONCEALED CARRY RECIPROCITY ACT OF 
                   2014.

       (a) Short Title.--This section may be cited as the 
     ``Constitutional Concealed Carry Reciprocity Act of 2014''.

[[Page 11788]]

       (b) Reciprocity for the Carrying of Certain Concealed 
     Firearms.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926C the 
     following:

     ``Sec. 926D. Reciprocity for the carrying of certain 
       concealed firearms

       ``(a) In General.--Notwithstanding any provision of the law 
     of any State or political subdivision thereof to the 
     contrary--
       ``(1) an individual who is not prohibited by Federal law 
     from possessing, transporting, shipping, or receiving a 
     firearm, and who is carrying a government-issued photographic 
     identification document and a valid license or permit which 
     is issued pursuant to the law of a State and which permits 
     the individual to carry a concealed firearm, may possess or 
     carry a concealed handgun (other than a machinegun or 
     destructive device) that has been shipped or transported in 
     interstate or foreign commerce in any State other than the 
     State of residence of the individual that--
       ``(A) has a statue that allows residents of the State to 
     obtain licenses or permits to carry concealed firearms; or
       ``(B) does not prohibit the carrying of concealed firearms 
     by residents of the State for lawful purposes; and
       ``(2) an individual who is not prohibited by Federal law 
     from possessing, transporting, shipping, or receiving a 
     firearm, and who is carrying a government-issued photographic 
     identification document and is entitled and not prohibited 
     from carrying a concealed firearm in the State in which the 
     individual resides otherwise than as described in paragraph 
     (1), may possess or carry a concealed handgun (other than a 
     machinegun or destructive device) that has been shipped or 
     transported in interstate or foreign commerce in any State 
     other than the State of residence of the individual that--
       ``(A) has a statute that allows residents of the State to 
     obtain licenses or permits to carry concealed firearms; or
       ``(B) does not prohibit the carrying of concealed firearms 
     by residents of the State for lawful purposes.
       ``(b) Conditions and Limitations.--The possession or 
     carrying of a concealed handgun in a State under this section 
     shall be subject to the same conditions and limitations, 
     except as to eligibility to possess or carry, imposed by or 
     under Federal or State law or the law of a political 
     subdivision of a State, that apply to the possession or 
     carrying of a concealed handgun by residents of the State or 
     political subdivision who are licensed by the State or 
     political subdivision to do so, or not prohibited by the 
     State from doing so.
       ``(c) Unrestricted License or Permit.--In a State that 
     allows the issuing authority for licenses or permits to carry 
     concealed firearms to impose restrictions on the carrying of 
     firearms by individual holders of such licenses or permits, 
     an individual carrying a concealed handgun under this section 
     shall be permitted to carry a concealed handgun according to 
     the same terms authorized by an unrestricted license of or 
     permit issued to a resident of the State.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to preempt any provision of State law with 
     respect to the issuance of licenses or permits to carry 
     concealed firearms.''.
       (2) Clerical amendment.--The table of sections for chapter 
     44 of title 18, United States Code, is amended by inserting 
     after the item relating to section 926C the following:

``926D. Reciprocity for the carrying of certain concealed firearms.''.
       (3) Severability.--Notwithstanding any other provision of 
     this Act, if any provision of this section, or any amendment 
     made by this section, or the application of such provision or 
     amendment to any person or circumstance is held to be 
     unconstitutional, this section and amendments made by this 
     section and the application of such provision or amendment to 
     other persons or circumstances shall not be affected thereby.
       (4) Effective date.--The amendments made by this section 
     shall take effect 90 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 3546. Mr. WALSH (for himself, Mr. Udall of Colorado, and Mr. 
Heinrich) submitted an amendment intended to be proposed to amendment 
SA 3456 submitted by Mr. Cruz and intended to be proposed to the bill 
S. 2363, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       In lieu of the matter proposed to be added, add the 
     following:

     SEC. ___. POINT OF ORDER AGAINST SELLING FEDERAL LAND IN 
                   ORDER TO REDUCE THE DEFICIT.

       (a) In General.--Except as provided in subsection (b), it 
     shall not be in order in the Senate to consider any bill, 
     joint resolution, amendment, motion, amendment between the 
     houses, or conference report that sells any Federal land and 
     uses the proceeds of the sale to reduce the Federal deficit.
       (b) Exception.--Subsection (a) shall not apply to the sale 
     of Federal land as part of a program that acquires land in 
     the same State that is of comparable value or contains 
     exceptional resources.
       (c) Supermajority Waiver and Appeal in the Senate.--
       (1) Waiver.--This section may be waived or suspended only 
     by the affirmative vote of three-fifths of the Members, duly 
     chosen and sworn.
       (2) Appeal.--An affirmative vote of three-fifths of the 
     Members, duly chosen and sworn, shall be required to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
                                 ______
                                 
  SA 3547. Mr. REED 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 V, add the following:

     SEC. 515. RIGHTS OF APPEAL IN CERTAIN ADVERSE PERSONNEL 
                   ACTIONS FOR MILITARY TECHNICIANS.

       (a) Rights of Grievance, Arbitration, Appeal, and Review 
     Beyond AG.--Section 709 of title 32, United States Code, is 
     amended--
       (1) in subsection (f)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Notwithstanding any other provision of law and under'' and 
     inserting ``Under''; and
       (B) in paragraph (4), by striking ``a right of appeal'' and 
     inserting ``subject to subsection (j), a right of appeal''; 
     and
       (2) by adding at the end the following new subsection:
       ``(j)(1) Notwithstanding subsection (f)(4) or any other 
     provision of law, a technician and a labor organization that 
     is the exclusive representative of a bargaining unit 
     including the technician shall have the rights of grievance, 
     arbitration, appeal, and review extending beyond the adjutant 
     general of the jurisdiction concerned and to the Merit 
     Systems Protection Board and thereafter to the United States 
     Court of Appeals for the Federal Circuit, in the same manner 
     as provided in sections 4303, 7121, and 7701-7703 of title 5, 
     with respect to a performance-based or adverse action 
     imposing removal, suspension for more than 14 days, furlough 
     for 30 days or less, or reduction in pay or pay band (or 
     comparable reduction).
       ``(2) This subsection does not apply to a technician who is 
     serving under a temporary appointment or in a trial or 
     probationary period.''.
       (b) Adverse Actions Covered.--Subsection (g) of such 
     section is amended by striking ``, 3502, 7511, and 7512'' and 
     inserting ``and 3502''.
       (c) Conforming Amendments.--Section 7511(b) of title 5, 
     United States Code, is amended--
       (1) by striking paragraph (5); and
       (2) by redesignating paragraphs (6) through (10) as 
     paragraphs (5) through (9), respectively.
                                 ______
                                 
  SA 3548. Mr. MURPHY 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. METHODS FOR VALIDATING CERTAIN SERVICE CONSIDERED 
                   TO BE ACTIVE SERVICE BY THE SECRETARY OF 
                   VETERANS AFFAIRS.

       (a) Findings.--Congress makes the following findings:
       (1) The Merchant Marine Act, 1936 established the United 
     States Maritime Commission, and stated as a matter of policy 
     that the United States should have a merchant marine that is 
     ``capable of serving as a naval and military auxiliary in 
     time of war or national emergency''.
       (2) The Social Security Act Amendments of 1939 (Public Law 
     76-379) expanded the definition of employment to include 
     service ``on or in connection with an American vessel under 
     contract of service which is entered into within the United 
     States or during the performance of which the vessel touches 
     at a port in the United States, if the employee is employed 
     on and in connection with such vessel''.
       (3) The Joint Resolution to repeal sections 2, 3, and 6 of 
     the Neutrality Act of 1939, and for other purposes (Public 
     Law 77-294; 55 Stat. 764) repealed section 6 of the 
     Neutrality Act of 1939 (related to the arming of United 
     States vessels) and authorized the President during the 
     national emergency to arm or permit to arm any United States 
     vessel.
       (4) On February 7, 1942, President Franklin D. Roosevelt, 
     through Executive Order Number 9054, established the War 
     Shipping Administration that was charged with building

[[Page 11789]]

     or purchasing, and operating the civilian shipping vessels 
     needed for the war effort.
       (5) During World War II, United States merchant mariners 
     transported goods and materials through ``contested waters'' 
     to the various combat theaters.
       (6) At the conclusion of World War II, United States 
     merchant mariners were responsible for transporting several 
     million members of the United States Armed Forces back to the 
     United States.
       (7) The GI Bill Improvement Act of 1977 (Public Law 95-202) 
     provided that the Secretary of Defense could determine that 
     service for the Armed Forces by organized groups of 
     civilians, or contractors, be considered ``active service'' 
     for benefits administered by the Veterans Administration.
       (8) Department of Defense Directive 1000.20 directed that 
     the determination be made by the Secretary of the Air Force, 
     and established the Civilian/Military Service Review Board 
     and Advisory Panel.
       (9) In 1987, three merchant mariners along with the AFL-CIO 
     sued Edward C. Aldridge, Secretary of the Air Force, 
     challenging the denial of their application for veterans 
     status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C. 
     1987)), the Court determined that Secretary Aldridge had 
     failed to ``articulate clear and intelligible criteria for 
     the administration'' of the application approval process.
       (10) During World War II, women were repeatedly denied 
     issuance of official documentation affirming their merchant 
     marine seamen status by the War Shipping Administration.
       (11) Coast Guard Information Sheet #77 (April 1992) 
     identifies the following acceptable forms of documentation 
     for eligibility meeting the requirements set forth in GI Bill 
     Improvement Act of 1977 (Public Law 95-202) and Veterans 
     Programs Enhancement Act of 1998 (Public Law 105-368):
       (A) Certificate of shipping and discharge forms.
       (B) Continuous discharge books (ship's deck or engine 
     logbooks).
       (C) Company letters showing vessel names and dates of 
     voyages.
       (12) Coast Guard Commandant Order of 20 March, 1944, 
     relieved masters of tugs, towboats, and seagoing barges of 
     the responsibility of submitting reports of seamen shipped or 
     discharged on forms, meaning certificates of shipping and 
     discharge forms are not available to all eligible individuals 
     seeking to document their eligibility.
       (13) Coast Guard Information Sheet #77 (April 1992) states 
     that ``deck logs were traditionally considered to be the 
     property of the owners of the ships. After World War II, 
     however, the deck and engine logbooks of vessels operated by 
     the War Shipping Administration were turned over to that 
     agency by the ship owners, and were destroyed during the 
     1970s'', meaning that continuous discharge books are not 
     available to all eligible individuals seeking to document 
     their eligibility.
       (14) Coast Guard Information Sheet #77 (April 1992) states 
     ``some World War II period log books do not name ports 
     visited during the voyage due to wartime security 
     restrictions'', meaning that company letters showing vessel 
     names and dates of voyages are not available to all eligible 
     individuals seeking to document their eligibility.
       (b) In General.--For the purposes of verifying that an 
     individual performed service under honorable conditions that 
     satisfies the requirements of a coastwise merchant seaman who 
     is recognized pursuant to section 401 of the GI Bill 
     Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 106 
     note) as having performed active duty service for the 
     purposes described in subsection (d)(1), the Secretary of 
     Homeland Security shall accept the following:
       (1) In the case of an individual who served on a coastwise 
     merchant vessel seeking such recognition for whom no 
     applicable Coast Guard shipping or discharge form, ship 
     logbook, merchant mariner's document or Z-card, or other 
     official employment record is available, the Secretary shall 
     provide such recognition on the basis of applicable Social 
     Security Administration records submitted for or by the 
     individual, together with validated testimony given by the 
     individual or the primary next of kin of the individual that 
     the individual performed such service during the period 
     beginning on December 7, 1941, and ending on December 31, 
     1946.
       (2) In the case of an individual who served on a coastwise 
     merchant vessel seeking such recognition for whom the 
     applicable Coast Guard shipping or discharge form, ship 
     logbook, merchant mariner's document or Z-card, or other 
     official employment record has been destroyed or otherwise 
     become unavailable by reason of any action committed by a 
     person responsible for the control and maintenance of such 
     form, logbook, or record, the Secretary shall accept other 
     official documentation demonstrating that the individual 
     performed such service during period beginning on December 7, 
     1941, and ending on December 31, 1946.
       (3) For the purpose of determining whether to recognize 
     service allegedly performed during the period beginning on 
     December 7, 1941, and ending on December 31, 1946, the 
     Secretary shall recognize masters of seagoing vessels or 
     other officers in command of similarly organized groups as 
     agents of the United States who were authorized to document 
     any individual for purposes of hiring the individual to 
     perform service in the merchant marine or discharging an 
     individual from such service.
       (c) Treatment of Other Documentation.--Other documentation 
     accepted by the Secretary of Homeland Security pursuant to 
     subsection (b)(2) shall satisfy all requirements for 
     eligibility of service during the period beginning on 
     December 7, 1941, and ending on December 31, 1946.
       (d) Benefits Allowed.--
       (1) Burial benefits eligibility.--Service of an individual 
     that is considered active duty pursuant to subsection (b) 
     shall be considered as active duty service with respect to 
     providing burial benefits under chapters 23 and 24 of title 
     38, United States Code, to the individual.
       (2) Medals, ribbons, and decorations.--An individual whose 
     service is recognized as active duty pursuant to subsection 
     (b) may be awarded an appropriate medal, ribbon, or other 
     military decoration based on such service.
       (3) Status of veteran.--An individual whose service is 
     recognized as active duty pursuant to subsection (b) shall be 
     honored as a veteran but shall not be entitled by reason of 
     such recognized service to any benefit that is not described 
     in this subsection.
       (e) Determination of Coastwise Merchant Seaman.--The 
     Secretary of Homeland Security shall verify that an 
     individual performed service under honorable conditions that 
     satisfies the requirements of a coastwise merchant seaman 
     pursuant to this section without regard to the sex, age, or 
     disability of the individual during the period in which the 
     individual served as such a coastwise merchant seaman.
       (f) Definition of Primary Next of Kin.--In this section, 
     the term ``primary next of kin'' with respect to an 
     individual seeking recognition for service under this section 
     means the closest living relative of the individual who was 
     alive during the period of such service.
       (g) Effective Date.--This section shall take effect 90 days 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 3549. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2244, to extend the termination date of the 
Terrorism Insurance Program established under the Terrorism Risk 
Insurance Act of 2002, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 4, line 21, strike ``(i)''.
       On page 4, between lines 21 and 22, insert the following:
       (i) in clause (i)--
       On page 4, line 22, strike ``(i)'' and insert ``(I)'' and 
     move such subclause 2 ems to the right.
       On page 4, line 23, strike ``(I)'' and insert ``(aa)''and 
     move such item 2 ems to the right.
       On page 5, line 1, strike ``(II)'' and insert ``(bb)'' and 
     move such item 2 ems to the right.
       On page 5, line 3, strike ``(ii)'' and insert ``(II)'' and 
     move such subclause 2 ems to the right.
       On page 5, line 4, strike ``(I)'' and insert ``(aa)'' and 
     move such item 2 ems to the right.
       On page 5, line 6, strike ``(II)'' and insert ``(bb)'' and 
     move such item 2 ems to the right.
       On page 5, line 8, strike ``(III)'' and insert ``(cc)'' and 
     move such item 2 ems to the right.
       On page 5, line 10, strike ``(iii)'' and insert ``(III)'' 
     and move such subclause 2 ems to the right.
       On page 5, line 11, strike ``(I)'' and insert ``(aa)'' and 
     move such item 2 ems to the right.
       On page 5, line 13, strike ``(II)'' and insert ``(bb)'' and 
     move such item 2 ems to the right.
       On page 5, line 14, strike the period at the end and insert 
     ``; and''.
       On page 5, between lines 14 and 15, insert the following:
       (ii) by adding at the end the following:
       ``(iii) Deadline extensions.--

       ``(I) In general.--If the mandatory recoupment amount under 
     subparagraph (A) is more than $1,000,000,000 in any given 
     calendar year, the Secretary may extend the applicable 
     deadline for collecting terrorism loss risk-spreading 
     premiums under clause (i) for a period not to exceed more 
     than 10 years after the date on which such act of terrorism 
     occurred.
       ``(II) Determination.--Any determination by the Secretary 
     to grant an extension under subclause (I) shall be based on--

       ``(aa) the economic conditions in the commercial 
     marketplace, including the capitalization, profitability, and 
     investment returns of the insurance industry and the current 
     cycle of the insurance markets;
       ``(bb) the affordability of commercial insurance for small- 
     and medium-sized businesses; and
       ``(cc) such other factors as the Secretary considers 
     appropriate.

       ``(III) Report.--If the Secretary grants an extension under 
     subclause (I), the Secretary shall promptly submit to 
     Congress a report--

[[Page 11790]]

       ``(aa) justifying the reason for such extension; and
       ``(bb) detailing a plan for the collection of the required 
     terrorism loss risk-spreading premiums.''.
                                 ______
                                 
  SA 3550. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2244, to extend the termination date of the 
Terrorism Insurance Program established under the Terrorism Risk 
Insurance Act of 2002, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 13, after line 22, add the following:

     SEC. 8. MEMBERSHIP OF BOARD OF GOVERNORS OF THE FEDERAL 
                   RESERVE SYSTEM.

       (a) In General.--The first undesignated paragraph of 
     section 10 of the Federal Reserve Act (12 U.S.C. 241) is 
     amended by inserting after the second sentence the following: 
     ``In selecting members of the Board, the President shall 
     appoint at least 1 member with demonstrated primary 
     experience working in or supervising community banks having 
     less than $10,000,000,000 in total assets.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of enactment of this Act and 
     apply to appointments made on and after that effective date, 
     excluding any nomination pending in the Senate on that date.
                                 ______
                                 
  SA 3551. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 2244, to extend the termination date of the 
Terrorism Insurance Program established under the Terrorism Risk 
Insurance Act of 2002, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 13, after line 22, insert the following:

     SEC. 8. ADVISORY COMMITTEE ON RISK-SHARING MECHANISMS.

       (a) Finding; Rule of Construction.--
       (1) Finding.--Congress finds that it is desirable to 
     encourage the growth of nongovernmental, private market 
     reinsurance capacity for protection against losses arising 
     from acts of terrorism.
       (2) Rule of construction.--Nothing in this Act, any 
     amendment made by this Act, or the Terrorism Risk Insurance 
     Act of 2002 (15 U.S.C. 6701 note) shall prohibit insurers 
     from developing risk-sharing mechanisms to voluntarily 
     reinsure terrorism losses between and among themselves.
       (b) Advisory Committee on Risk-Sharing Mechanisms.--
       (1) Establishment.--The Secretary of the Treasury shall 
     establish and appoint an advisory committee to be known as 
     the ``Advisory Committee on Risk-Sharing Mechanisms'' 
     (referred to in this subsection as the ``Advisory 
     Committee'').
       (2) Duties.--The Advisory Committee shall provide advice, 
     recommendations, and encouragement with respect to the 
     creation and development of the nongovernmental risk-sharing 
     mechanisms described under subsection (a).
       (3) Membership.--The Advisory Committee shall be composed 
     of 9 members who are directors, officers, or other employees 
     of insurers, reinsurers, or capital market participants that 
     are participating or that desire to participate in the 
     nongovernmental risk-sharing mechanisms described under 
     subsection (a), and who are representative of the affected 
     sectors of the insurance industry, including commercial 
     property insurance, commercial casualty insurance, 
     reinsurance, and alternative risk transfer industries.
       (c) Effective Date.--The provisions of this section shall 
     take effect on January 1, 2015.
                                 ______
                                 
  SA 3552. Mr. TESTER (for himself and Mr. Johanns) submitted an 
amendment intended to be proposed by him to the bill S. 2244, to extend 
the termination date of the Terrorism Insurance Program established 
under the Terrorism Risk Insurance Act of 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

    TITLE II--NATIONAL ASSOCIATION OF REGISTERED AGENTS AND BROKERS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``National Association of 
     Registered Agents and Brokers Reform Act of 2014''.

     SEC. 202. REESTABLISHMENT OF THE NATIONAL ASSOCIATION OF 
                   REGISTERED AGENTS AND BROKERS.

       (a) In General.--Subtitle C of title III of the Gramm-
     Leach-Bliley Act (15 U.S.C. 6751 et seq.) is amended to read 
     as follows:

  ``Subtitle C--National Association of Registered Agents and Brokers

     ``SEC. 321. NATIONAL ASSOCIATION OF REGISTERED AGENTS AND 
                   BROKERS.

       ``(a) Establishment.--There is established the National 
     Association of Registered Agents and Brokers (referred to in 
     this subtitle as the `Association').
       ``(b) Status.--The Association shall--
       ``(1) be a nonprofit corporation;
       ``(2) not be an agent or instrumentality of the Federal 
     Government;
       ``(3) be an independent organization that may not be merged 
     with or into any other private or public entity; and
       ``(4) except as otherwise provided in this subtitle, be 
     subject to, and have all the powers conferred upon, a 
     nonprofit corporation by the District of Columbia Nonprofit 
     Corporation Act (D.C. Code, sec. 29-301.01 et seq.) or any 
     successor thereto.

     ``SEC. 322. PURPOSE.

       ``The purpose of the Association shall be to provide a 
     mechanism through which licensing, continuing education, and 
     other nonresident insurance producer qualification 
     requirements and conditions may be adopted and applied on a 
     multi-state basis without affecting the laws, rules, and 
     regulations, and preserving the rights of a State, pertaining 
     to--
       ``(1) licensing, continuing education, and other 
     qualification requirements of insurance producers that are 
     not members of the Association;
       ``(2) resident or nonresident insurance producer 
     appointment requirements;
       ``(3) supervising and disciplining resident and nonresident 
     insurance producers;
       ``(4) establishing licensing fees for resident and 
     nonresident insurance producers so that there is no loss of 
     insurance producer licensing revenue to the State; and
       ``(5) prescribing and enforcing laws and regulations 
     regulating the conduct of resident and nonresident insurance 
     producers.

     ``SEC. 323. MEMBERSHIP.

       ``(a) Eligibility.--
       ``(1) In general.--Any insurance producer licensed in its 
     home State shall, subject to paragraphs (2) and (4), be 
     eligible to become a member of the Association.
       ``(2) Ineligibility for suspension or revocation of 
     license.--Subject to paragraph (3), an insurance producer is 
     not eligible to become a member of the Association if a State 
     insurance regulator has suspended or revoked the insurance 
     license of the insurance producer in that State.
       ``(3) Resumption of eligibility.--Paragraph (2) shall cease 
     to apply to any insurance producer if--
       ``(A) the State insurance regulator reissues or renews the 
     license of the insurance producer in the State in which the 
     license was suspended or revoked, or otherwise terminates or 
     vacates the suspension or revocation; or
       ``(B) the suspension or revocation expires or is 
     subsequently overturned by a court of competent jurisdiction.
       ``(4) Criminal history record check required.--
       ``(A) In general.--An insurance producer who is an 
     individual shall not be eligible to become a member of the 
     Association unless the insurance producer has undergone a 
     criminal history record check that complies with regulations 
     prescribed by the Attorney General of the United States under 
     subparagraph (K).
       ``(B) Criminal history record check requested by home 
     state.--An insurance producer who is licensed in a State and 
     who has undergone a criminal history record check during the 
     2-year period preceding the date of submission of an 
     application to become a member of the Association, in 
     compliance with a requirement to undergo such criminal 
     history record check as a condition for such licensure in the 
     State, shall be deemed to have undergone a criminal history 
     record check for purposes of subparagraph (A).
       ``(C) Criminal history record check requested by 
     association.--
       ``(i) In general.--The Association shall, upon request by 
     an insurance producer licensed in a State, submit 
     fingerprints or other identification information obtained 
     from the insurance producer, and a request for a criminal 
     history record check of the insurance producer, to the 
     Federal Bureau of Investigation.
       ``(ii) Procedures.--The board of directors of the 
     Association (referred to in this subtitle as the `Board') 
     shall prescribe procedures for obtaining and utilizing 
     fingerprints or other identification information and criminal 
     history record information, including the establishment of 
     reasonable fees to defray the expenses of the Association in 
     connection with the performance of a criminal history record 
     check and appropriate safeguards for maintaining 
     confidentiality and security of the information. Any fees 
     charged pursuant to this clause shall be separate and 
     distinct from those charged by the Attorney General pursuant 
     to subparagraph (I).
       ``(D) Form of request.--A submission under subparagraph 
     (C)(i) shall include such fingerprints or other 
     identification information as is required by the Attorney 
     General concerning the person about whom the criminal history 
     record check is requested, and a statement signed by the 
     person authorizing the Attorney General to provide the 
     information to the Association and for the Association to 
     receive the information.
       ``(E) Provision of information by attorney general.--Upon 
     receiving a submission under subparagraph (C)(i) from the 
     Association, the Attorney General shall search all criminal 
     history records of the Federal Bureau of Investigation, 
     including records of the Criminal Justice Information 
     Services Division of the Federal Bureau of Investigation, 
     that the Attorney General determines

[[Page 11791]]

     appropriate for criminal history records corresponding to the 
     fingerprints or other identification information provided 
     under subparagraph (D) and provide all criminal history 
     record information included in the request to the 
     Association.
       ``(F) Limitation on permissible uses of information.--Any 
     information provided to the Association under subparagraph 
     (E) may only--
       ``(i) be used for purposes of determining compliance with 
     membership criteria established by the Association;
       ``(ii) be disclosed to State insurance regulators, or 
     Federal or State law enforcement agencies, in conformance 
     with applicable law; or
       ``(iii) be disclosed, upon request, to the insurance 
     producer to whom the criminal history record information 
     relates.
       ``(G) Penalty for improper use or disclosure.--Whoever 
     knowingly uses any information provided under subparagraph 
     (E) for a purpose not authorized in subparagraph (F), or 
     discloses any such information to anyone not authorized to 
     receive it, shall be fined not more than $50,000 per 
     violation as determined by a court of competent jurisdiction.
       ``(H) Reliance on information.--Neither the Association nor 
     any of its Board members, officers, or employees shall be 
     liable in any action for using information provided under 
     subparagraph (E) as permitted under subparagraph (F) in good 
     faith and in reasonable reliance on its accuracy.
       ``(I) Fees.--The Attorney General may charge a reasonable 
     fee for conducting the search and providing the information 
     under subparagraph (E), and any such fee shall be collected 
     and remitted by the Association to the Attorney General.
       ``(J) Rule of construction.--Nothing in this paragraph 
     shall be construed as--
       ``(i) requiring a State insurance regulator to perform 
     criminal history record checks under this section; or
       ``(ii) limiting any other authority that allows access to 
     criminal history records.
       ``(K) Regulations.--The Attorney General shall prescribe 
     regulations to carry out this paragraph, which shall 
     include--
       ``(i) appropriate protections for ensuring the 
     confidentiality of information provided under subparagraph 
     (E); and
       ``(ii) procedures providing a reasonable opportunity for an 
     insurance producer to contest the accuracy of information 
     regarding the insurance producer provided under subparagraph 
     (E).
       ``(L) Ineligibility for membership.--
       ``(i) In general.--The Association may, under reasonably 
     consistently applied standards, deny membership to an 
     insurance producer on the basis of criminal history record 
     information provided under subparagraph (E), or where the 
     insurance producer has been subject to disciplinary action, 
     as described in paragraph (2).
       ``(ii) Rights of applicants denied membership.--The 
     Association shall notify any insurance producer who is denied 
     membership on the basis of criminal history record 
     information provided under subparagraph (E) of the right of 
     the insurance producer to--

       ``(I) obtain a copy of all criminal history record 
     information provided to the Association under subparagraph 
     (E) with respect to the insurance producer; and
       ``(II) challenge the denial of membership based on the 
     accuracy and completeness of the information.

       ``(M) Definition.--For purposes of this paragraph, the term 
     `criminal history record check' means a national background 
     check of criminal history records of the Federal Bureau of 
     Investigation.
       ``(b) Authority to Establish Membership Criteria.--The 
     Association may establish membership criteria that bear a 
     reasonable relationship to the purposes for which the 
     Association was established.
       ``(c) Establishment of Classes and Categories of 
     Membership.--
       ``(1) Classes of membership.--The Association may establish 
     separate classes of membership, with separate criteria, if 
     the Association reasonably determines that performance of 
     different duties requires different levels of education, 
     training, experience, or other qualifications.
       ``(2) Business entities.--The Association shall establish a 
     class of membership and membership criteria for business 
     entities. A business entity that applies for membership shall 
     be required to designate an individual Association member 
     responsible for the compliance of the business entity with 
     Association standards and the insurance laws, rules, and 
     regulations of any State in which the business entity seeks 
     to do business on the basis of Association membership.
       ``(3) Categories.--
       ``(A) Separate categories for insurance producers 
     permitted.--The Association may establish separate categories 
     of membership for insurance producers and for other persons 
     or entities within each class, based on the types of 
     licensing categories that exist under State laws.
       ``(B) Separate treatment for depository institutions 
     prohibited.--No special categories of membership, and no 
     distinct membership criteria, shall be established for 
     members that are depository institutions or for employees, 
     agents, or affiliates of depository institutions.
       ``(d) Membership Criteria.--
       ``(1) In general.--The Association may establish criteria 
     for membership which shall include standards for personal 
     qualifications, education, training, and experience. The 
     Association shall not establish criteria that unfairly limit 
     the ability of a small insurance producer to become a member 
     of the Association, including imposing discriminatory 
     membership fees.
       ``(2) Qualifications.--In establishing criteria under 
     paragraph (1), the Association shall not adopt any 
     qualification less protective to the public than that 
     contained in the National Association of Insurance 
     Commissioners (referred to in this subtitle as the `NAIC') 
     Producer Licensing Model Act in effect as of the date of 
     enactment of the National Association of Registered Agents 
     and Brokers Reform Act of 2014, and shall consider the 
     highest levels of insurance producer qualifications 
     established under the licensing laws of the States.
       ``(3) Assistance from states.--
       ``(A) In general.--The Association may request a State to 
     provide assistance in investigating and evaluating the 
     eligibility of a prospective member for membership in the 
     Association.
       ``(B) Authorization of information sharing.--A submission 
     under subsection (a)(4)(C)(i) made by an insurance producer 
     licensed in a State shall include a statement signed by the 
     person about whom the assistance is requested authorizing--
       ``(i) the State to share information with the Association; 
     and
       ``(ii) the Association to receive the information.
       ``(C) Rule of construction.--Subparagraph (A) shall not be 
     construed as requiring or authorizing any State to adopt new 
     or additional requirements concerning the licensing or 
     evaluation of insurance producers.
       ``(4) Denial of membership.--The Association may, based on 
     reasonably consistently applied standards, deny membership to 
     any State-licensed insurance producer for failure to meet the 
     membership criteria established by the Association.
       ``(e) Effect of Membership.--
       ``(1) Authority of association members.--Membership in the 
     Association shall--
       ``(A) authorize an insurance producer to sell, solicit, or 
     negotiate insurance in any State for which the member pays 
     the licensing fee set by the State for any line or lines of 
     insurance specified in the home State license of the 
     insurance producer, and exercise all such incidental powers 
     as shall be necessary to carry out such activities, including 
     claims adjustments and settlement to the extent permissible 
     under the laws of the State, risk management, employee 
     benefits advice, retirement planning, and any other 
     insurance-related consulting activities;
       ``(B) be the equivalent of a nonresident insurance producer 
     license for purposes of authorizing the insurance producer to 
     engage in the activities described in subparagraph (A) in any 
     State where the member pays the licensing fee; and
       ``(C) be the equivalent of a nonresident insurance producer 
     license for the purpose of subjecting an insurance producer 
     to all laws, regulations, provisions or other action of any 
     State concerning revocation, suspension, or other enforcement 
     action related to the ability of a member to engage in any 
     activity within the scope of authority granted under this 
     subsection and to all State laws, regulations, provisions, 
     and actions preserved under paragraph (5).
       ``(2) Violent crime control and law enforcement act of 
     1994.--Nothing in this subtitle shall be construed to alter, 
     modify, or supercede any requirement established by section 
     1033 of title 18, United States Code.
       ``(3) Agent for remitting fees.--The Association shall act 
     as an agent for any member for purposes of remitting 
     licensing fees to any State pursuant to paragraph (1).
       ``(4) Notification of action.--
       ``(A) In general.--The Association shall notify the States 
     (including State insurance regulators) and the NAIC when an 
     insurance producer has satisfied the membership criteria of 
     this section. The States (including State insurance 
     regulators) shall have 10 business days after the date of the 
     notification in order to provide the Association with 
     evidence that the insurance producer does not satisfy the 
     criteria for membership in the Association.
       ``(B) Ongoing disclosures required.--On an ongoing basis, 
     the Association shall disclose to the States (including State 
     insurance regulators) and the NAIC a list of the States in 
     which each member is authorized to operate. The Association 
     shall immediately notify the States (including State 
     insurance regulators) and the NAIC when a member is newly 
     authorized to operate in one or more States, or is no longer 
     authorized to operate in one or more States on the basis of 
     Association membership.
       ``(5) Preservation of consumer protection and market 
     conduct regulation.--
       ``(A) In general.--No provision of this section shall be 
     construed as altering or affecting the applicability or 
     continuing effectiveness of any law, regulation, provision, 
     or other action of any State, including those described in 
     subparagraph (B), to the extent that the State law, 
     regulation, provision, or

[[Page 11792]]

     other action is not inconsistent with the provisions of this 
     subtitle related to market entry for nonresident insurance 
     producers, and then only to the extent of the inconsistency.
       ``(B) Preserved regulations.--The laws, regulations, 
     provisions, or other actions of any State referred to in 
     subparagraph (A) include laws, regulations, provisions, or 
     other actions that--
       ``(i) regulate market conduct, insurance producer conduct, 
     or unfair trade practices;
       ``(ii) establish consumer protections; or
       ``(iii) require insurance producers to be appointed by a 
     licensed or authorized insurer.
       ``(f) Biennial Renewal.--Membership in the Association 
     shall be renewed on a biennial basis.
       ``(g) Continuing Education.--
       ``(1) In general.--The Association shall establish, as a 
     condition of membership, continuing education requirements 
     which shall be comparable to the continuing education 
     requirements under the licensing laws of a majority of the 
     States.
       ``(2) State continuing education requirements.--A member 
     may not be required to satisfy continuing education 
     requirements imposed under the laws, regulations, provisions, 
     or actions of any State other than the home State of the 
     member.
       ``(3) Reciprocity.--The Association shall not require a 
     member to satisfy continuing education requirements that are 
     equivalent to any continuing education requirements of the 
     home State of the member that have been satisfied by the 
     member during the applicable licensing period.
       ``(4) Limitation on the association.--The Association shall 
     not directly or indirectly offer any continuing education 
     courses for insurance producers.
       ``(h) Probation, Suspension and Revocation.--
       ``(1) Disciplinary action.--The Association may place an 
     insurance producer that is a member of the Association on 
     probation or suspend or revoke the membership of the 
     insurance producer in the Association, or assess monetary 
     fines or penalties, as the Association determines to be 
     appropriate, if--
       ``(A) the insurance producer fails to meet the applicable 
     membership criteria or other standards established by the 
     Association;
       ``(B) the insurance producer has been subject to 
     disciplinary action pursuant to a final adjudicatory 
     proceeding under the jurisdiction of a State insurance 
     regulator;
       ``(C) an insurance license held by the insurance producer 
     has been suspended or revoked by a State insurance regulator; 
     or
       ``(D) the insurance producer has been convicted of a crime 
     that would have resulted in the denial of membership pursuant 
     to subsection (a)(4)(L)(i) at the time of application, and 
     the Association has received a copy of the final disposition 
     from a court of competent jurisdiction.
       ``(2) Violations of association standards.--The Association 
     shall have the power to investigate alleged violations of 
     Association standards.
       ``(3) Reporting.--The Association shall immediately notify 
     the States (including State insurance regulators) and the 
     NAIC when the membership of an insurance producer has been 
     placed on probation or has been suspended, revoked, or 
     otherwise terminated, or when the Association has assessed 
     monetary fines or penalties.
       ``(i) Consumer Complaints.--
       ``(1) In general.--The Association shall--
       ``(A) refer any complaint against a member of the 
     Association from a consumer relating to alleged misconduct or 
     violations of State insurance laws to the State insurance 
     regulator where the consumer resides and, when appropriate, 
     to any additional State insurance regulator, as determined by 
     standards adopted by the Association; and
       ``(B) make any related records and information available to 
     each State insurance regulator to whom the complaint is 
     forwarded.
       ``(2) Telephone and other access.--The Association shall 
     maintain a toll-free number for purposes of this subsection 
     and, as practicable, other alternative means of communication 
     with consumers, such as an Internet webpage.
       ``(3) Final disposition of investigation.--State insurance 
     regulators shall provide the Association with information 
     regarding the final disposition of a complaint referred 
     pursuant to paragraph (1)(A), but nothing shall be construed 
     to compel a State to release confidential investigation 
     reports or other information protected by State law to the 
     Association.
       ``(j) Information Sharing.--The Association may--
       ``(1) share documents, materials, or other information, 
     including confidential and privileged documents, with a 
     State, Federal, or international governmental entity or with 
     the NAIC or other appropriate entity referenced in paragraphs 
     (3) and (4), provided that the recipient has the authority 
     and agrees to maintain the confidentiality or privileged 
     status of the document, material, or other information;
       ``(2) limit the sharing of information as required under 
     this subtitle with the NAIC or any other non-governmental 
     entity, in circumstances under which the Association 
     determines that the sharing of such information is 
     unnecessary to further the purposes of this subtitle;
       ``(3) establish a central clearinghouse, or utilize the 
     NAIC or another appropriate entity, as determined by the 
     Association, as a central clearinghouse, for use by the 
     Association and the States (including State insurance 
     regulators), through which members of the Association may 
     disclose their intent to operate in 1 or more States and pay 
     the licensing fees to the appropriate States; and
       ``(4) establish a database, or utilize the NAIC or another 
     appropriate entity, as determined by the Association, as a 
     database, for use by the Association and the States 
     (including State insurance regulators) for the collection of 
     regulatory information concerning the activities of insurance 
     producers.
       ``(k) Effective Date.--The provisions of this section shall 
     take effect on the later of--
       ``(1) the expiration of the 2-year period beginning on the 
     date of enactment of the National Association of Registered 
     Agents and Brokers Reform Act of 2014; and
       ``(2) the date of incorporation of the Association.

     ``SEC. 324. BOARD OF DIRECTORS.

       ``(a) Establishment.--There is established a board of 
     directors of the Association, which shall have authority to 
     govern and supervise all activities of the Association.
       ``(b) Powers.--The Board shall have such of the powers and 
     authority of the Association as may be specified in the 
     bylaws of the Association.
       ``(c) Composition.--
       ``(1) In general.--The Board shall consist of 13 members 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate, in accordance with the 
     procedures established under Senate Resolution 116 of the 
     112th Congress, of whom--
       ``(A) 8 shall be State insurance commissioners appointed in 
     the manner provided in paragraph (2), 1 of whom shall be 
     designated by the President to serve as the chairperson of 
     the Board until the Board elects one such State insurance 
     commissioner Board member to serve as the chairperson of the 
     Board;
       ``(B) 3 shall have demonstrated expertise and experience 
     with property and casualty insurance producer licensing; and
       ``(C) 2 shall have demonstrated expertise and experience 
     with life or health insurance producer licensing.
       ``(2) State insurance regulator representatives.--
       ``(A) Recommendations.--Before making any appointments 
     pursuant to paragraph (1)(A), the President shall request a 
     list of recommended candidates from the States through the 
     NAIC, which shall not be binding on the President. If the 
     NAIC fails to submit a list of recommendations not later than 
     15 business days after the date of the request, the President 
     may make the requisite appointments without considering the 
     views of the NAIC.
       ``(B) Political affiliation.--Not more than 4 Board members 
     appointed under paragraph (1)(A) shall belong to the same 
     political party.
       ``(C) Former state insurance commissioners.--
       ``(i) In general.--If, after offering each currently 
     serving State insurance commissioner an appointment to the 
     Board, fewer than 8 State insurance commissioners have 
     accepted appointment to the Board, the President may appoint 
     the remaining State insurance commissioner Board members, as 
     required under paragraph (1)(A), of the appropriate political 
     party as required under subparagraph (B), from among 
     individuals who are former State insurance commissioners.
       ``(ii) Limitation.--A former State insurance commissioner 
     appointed as described in clause (i) may not be employed by 
     or have any present direct or indirect financial interest in 
     any insurer, insurance producer, or other entity in the 
     insurance industry, other than direct or indirect ownership 
     of, or beneficial interest in, an insurance policy or annuity 
     contract written or sold by an insurer.
       ``(D) Service through term.--If a Board member appointed 
     under paragraph (1)(A) ceases to be a State insurance 
     commissioner during the term of the Board member, the Board 
     member shall cease to be a Board member.
       ``(3) Private sector representatives.--In making any 
     appointment pursuant to subparagraph (B) or (C) of paragraph 
     (1), the President may seek recommendations for candidates 
     from groups representing the category of individuals 
     described, which shall not be binding on the President.
       ``(4) State insurance commissioner defined.--For purposes 
     of this subsection, the term `State insurance commissioner' 
     means a person who serves in the position in State 
     government, or on the board, commission, or other body that 
     is the primary insurance regulatory authority for the State.
       ``(d) Terms.--
       ``(1) In general.--Except as provided under paragraph (2), 
     the term of service for each Board member shall be 2 years.
       ``(2) Exceptions.--
       ``(A) 1-year terms.--The term of service shall be 1 year, 
     as designated by the President at the time of the nomination 
     of the subject Board members for--
       ``(i) 4 of the State insurance commissioner Board members 
     initially appointed under

[[Page 11793]]

     paragraph (1)(A), of whom not more than 2 shall belong to the 
     same political party;
       ``(ii) 1 of the Board members initially appointed under 
     paragraph (1)(B); and
       ``(iii) 1 of the Board members initially appointed under 
     paragraph (1)(C).
       ``(B) Expiration of term.--A Board member may continue to 
     serve after the expiration of the term to which the Board 
     member was appointed for the earlier of 2 years or until a 
     successor is appointed.
       ``(C) Mid-term appointments.--A Board member appointed to 
     fill a vacancy occurring before the expiration of the term 
     for which the predecessor of the Board member was appointed 
     shall be appointed only for the remainder of that term.
       ``(3) Successive terms.--Board members may be reappointed 
     to successive terms.
       ``(e) Initial Appointments.--The appointment of initial 
     Board members shall be made no later than 90 days after the 
     date of enactment of the National Association of Registered 
     Agents and Brokers Reform Act of 2014.
       ``(f) Meetings.--
       ``(1) In general.--The Board shall meet--
       ``(A) at the call of the chairperson;
       ``(B) as requested in writing to the chairperson by not 
     fewer than 5 Board members; or
       ``(C) as otherwise provided by the bylaws of the 
     Association.
       ``(2) Quorum required.--A majority of all Board members 
     shall constitute a quorum.
       ``(3) Voting.--Decisions of the Board shall require the 
     approval of a majority of all Board members present at a 
     meeting, a quorum being present.
       ``(4) Initial meeting.--The Board shall hold its first 
     meeting not later than 45 days after the date on which all 
     initial Board members have been appointed.
       ``(g) Restriction on Confidential Information.--Board 
     members appointed pursuant to subparagraphs (B) and (C) of 
     subsection (c)(1) shall not have access to confidential 
     information received by the Association in connection with 
     complaints, investigations, or disciplinary proceedings 
     involving insurance producers.
       ``(h) Ethics and Conflicts of Interest.--The Board shall 
     issue and enforce an ethical conduct code to address 
     permissible and prohibited activities of Board members and 
     Association officers, employees, agents, or consultants. The 
     code shall, at a minimum, include provisions that prohibit 
     any Board member or Association officer, employee, agent or 
     consultant from--
       ``(1) engaging in unethical conduct in the course of 
     performing Association duties;
       ``(2) participating in the making or influencing the making 
     of any Association decision, the outcome of which the Board 
     member, officer, employee, agent, or consultant knows or had 
     reason to know would have a reasonably foreseeable material 
     financial effect, distinguishable from its effect on the 
     public generally, on the person or a member of the immediate 
     family of the person;
       ``(3) accepting any gift from any person or entity other 
     than the Association that is given because of the position 
     held by the person in the Association;
       ``(4) making political contributions to any person or 
     entity on behalf of the Association; and
       ``(5) lobbying or paying a person to lobby on behalf of the 
     Association.
       ``(i) Compensation.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     Board member may receive any compensation from the 
     Association or any other person or entity on account of Board 
     membership.
       ``(2) Travel expenses and per diem.--Board members may be 
     reimbursed only by the Association for travel expenses, 
     including per diem in lieu of subsistence, at rates 
     consistent with rates authorized for employees of Federal 
     agencies under subchapter I of chapter 57 of title 5, United 
     States Code, while away from home or regular places of 
     business in performance of services for the Association.

     ``SEC. 325. BYLAWS, STANDARDS, AND DISCIPLINARY ACTIONS.

       ``(a) Adoption and Amendment of Bylaws and Standards.--
       ``(1) Procedures.--The Association shall adopt procedures 
     for the adoption of bylaws and standards that are similar to 
     procedures under subchapter II of chapter 5 of title 5, 
     United States Code (commonly known as the `Administrative 
     Procedure Act').
       ``(2) Copy required to be filed.--The Board shall submit to 
     the President, through the Department of the Treasury, and 
     the States (including State insurance regulators), and shall 
     publish on the website of the Association, all proposed 
     bylaws and standards of the Association, or any proposed 
     amendment to the bylaws or standards of the Association, 
     accompanied by a concise general statement of the basis and 
     purpose of such proposal.
       ``(3) Effective date.--Any proposed bylaw or standard of 
     the Association, and any proposed amendment to the bylaws or 
     standards of the Association, shall take effect, after notice 
     under paragraph (2) and opportunity for public comment, on 
     such date as the Association may designate, unless suspended 
     under section 329(c).
       ``(4) Rule of construction.--Nothing in this section shall 
     be construed to subject the Board or the Association to the 
     requirements of subchapter II of chapter 5 of title 5, United 
     States Code (commonly known as the `Administrative Procedure 
     Act').
       ``(b) Disciplinary Action by the Association.--
       ``(1) Specification of charges.--In any proceeding to 
     determine whether membership shall be denied, suspended, 
     revoked, or not renewed, or to determine whether a member of 
     the Association should be placed on probation (referred to in 
     this section as a `disciplinary action') or whether to assess 
     fines or monetary penalties, the Association shall bring 
     specific charges, notify the member of the charges, give the 
     member an opportunity to defend against the charges, and keep 
     a record.
       ``(2) Supporting statement.--A determination to take 
     disciplinary action shall be supported by a statement setting 
     forth--
       ``(A) any act or practice in which the member has been 
     found to have been engaged;
       ``(B) the specific provision of this subtitle or standard 
     of the Association that any such act or practice is deemed to 
     violate; and
       ``(C) the sanction imposed and the reason for the sanction.
       ``(3) Ineligibility of private sector representatives.--
     Board members appointed pursuant to section 324(c)(3) may 
     not--
       ``(A) participate in any disciplinary action or be counted 
     toward establishing a quorum during a disciplinary action; 
     and
       ``(B) have access to confidential information concerning 
     any disciplinary action.

     ``SEC. 326. POWERS.

       ``In addition to all the powers conferred upon a nonprofit 
     corporation by the District of Columbia Nonprofit Corporation 
     Act, the Association shall have the power to--
       ``(1) establish and collect such membership fees as the 
     Association finds necessary to impose to cover the costs of 
     its operations;
       ``(2) adopt, amend, and repeal bylaws, procedures, or 
     standards governing the conduct of Association business and 
     performance of its duties;
       ``(3) establish procedures for providing notice and 
     opportunity for comment pursuant to section 325(a);
       ``(4) enter into and perform such agreements as necessary 
     to carry out the duties of the Association;
       ``(5) hire employees, professionals, or specialists, and 
     elect or appoint officers, and to fix their compensation, 
     define their duties and give them appropriate authority to 
     carry out the purposes of this subtitle, and determine their 
     qualification;
       ``(6) establish personnel policies of the Association and 
     programs relating to, among other things, conflicts of 
     interest, rates of compensation, where applicable, and 
     qualifications of personnel;
       ``(7) borrow money; and
       ``(8) secure funding for such amounts as the Association 
     determines to be necessary and appropriate to organize and 
     begin operations of the Association, which shall be treated 
     as loans to be repaid by the Association with interest at 
     market rate.

     ``SEC. 327. REPORT BY THE ASSOCIATION.

       ``(a) In General.--As soon as practicable after the close 
     of each fiscal year, the Association shall submit to the 
     President, through the Department of the Treasury, and the 
     States (including State insurance regulators), and shall 
     publish on the website of the Association, a written report 
     regarding the conduct of its business, and the exercise of 
     the other rights and powers granted by this subtitle, during 
     such fiscal year.
       ``(b) Financial Statements.--Each report submitted under 
     subsection (a) with respect to any fiscal year shall include 
     audited financial statements setting forth the financial 
     position of the Association at the end of such fiscal year 
     and the results of its operations (including the source and 
     application of its funds) for such fiscal year.

     ``SEC. 328. LIABILITY OF THE ASSOCIATION AND THE BOARD 
                   MEMBERS, OFFICERS, AND EMPLOYEES OF THE 
                   ASSOCIATION.

       ``(a) In General.--The Association shall not be deemed to 
     be an insurer or insurance producer within the meaning of any 
     State law, rule, regulation, or order regulating or taxing 
     insurers, insurance producers, or other entities engaged in 
     the business of insurance, including provisions imposing 
     premium taxes, regulating insurer solvency or financial 
     condition, establishing guaranty funds and levying 
     assessments, or requiring claims settlement practices.
       ``(b) Liability of Board Members, Officers, and 
     Employees.--No Board member, officer, or employee of the 
     Association shall be personally liable to any person for any 
     action taken or omitted in good faith in any matter within 
     the scope of their responsibilities in connection with the 
     Association.

     ``SEC. 329. PRESIDENTIAL OVERSIGHT.

       ``(a) Removal of Board.--If the President determines that 
     the Association is acting in a manner contrary to the 
     interests of the public or the purposes of this subtitle or 
     has failed to perform its duties under this subtitle, the 
     President may remove the entire existing Board for the 
     remainder of the term to which the Board members were 
     appointed and appoint, in accordance with section 324 and 
     with the advice and consent of the Senate, in accordance with 
     the procedures established under Senate Resolution 116 of the

[[Page 11794]]

     112th Congress, new Board members to fill the vacancies on 
     the Board for the remainder of the terms.
       ``(b) Removal of Board Member.--The President may remove a 
     Board member only for neglect of duty or malfeasance in 
     office.
       ``(c) Suspension of Bylaws and Standards and Prohibition of 
     Actions.--Following notice to the Board, the President, or a 
     person designated by the President for such purpose, may 
     suspend the effectiveness of any bylaw or standard, or 
     prohibit any action, of the Association that the President or 
     the designee determines is contrary to the purposes of this 
     subtitle.

     ``SEC. 330. RELATIONSHIP TO STATE LAW.

       ``(a) Preemption of State Laws.--State laws, regulations, 
     provisions, or other actions purporting to regulate insurance 
     producers shall be preempted to the extent provided in 
     subsection (b).
       ``(b) Prohibited Actions.--
       ``(1) In general.--No State shall--
       ``(A) impede the activities of, take any action against, or 
     apply any provision of law or regulation arbitrarily or 
     discriminatorily to, any insurance producer because that 
     insurance producer or any affiliate plans to become, has 
     applied to become, or is a member of the Association;
       ``(B) impose any requirement upon a member of the 
     Association that it pay fees different from those required to 
     be paid to that State were it not a member of the 
     Association; or
       ``(C) impose any continuing education requirements on any 
     nonresident insurance producer that is a member of the 
     Association.
       ``(2) States other than a home state.--No State, other than 
     the home State of a member of the Association, shall--
       ``(A) impose any licensing, personal or corporate 
     qualifications, education, training, experience, residency, 
     continuing education, or bonding requirement upon a member of 
     the Association that is different from the criteria for 
     membership in the Association or renewal of such membership;
       ``(B) impose any requirement upon a member of the 
     Association that it be licensed, registered, or otherwise 
     qualified to do business or remain in good standing in the 
     State, including any requirement that the insurance producer 
     register as a foreign company with the secretary of state or 
     equivalent State official;
       ``(C) require that a member of the Association submit to a 
     criminal history record check as a condition of doing 
     business in the State; or
       ``(D) impose any licensing, registration, or appointment 
     requirements upon a member of the Association, or require a 
     member of the Association to be authorized to operate as an 
     insurance producer, in order to sell, solicit, or negotiate 
     insurance for commercial property and casualty risks to an 
     insured with risks located in more than one State, if the 
     member is licensed or otherwise authorized to operate in the 
     State where the insured maintains its principal place of 
     business and the contract of insurance insures risks located 
     in that State.
       ``(3) Preservation of state disciplinary authority.--
     Nothing in this section may be construed to prohibit a State 
     from investigating and taking appropriate disciplinary 
     action, including suspension or revocation of authority of an 
     insurance producer to do business in a State, in accordance 
     with State law and that is not inconsistent with the 
     provisions of this section, against a member of the 
     Association as a result of a complaint or for any alleged 
     activity, regardless of whether the activity occurred before 
     or after the insurance producer commenced doing business in 
     the State pursuant to Association membership.

     ``SEC. 331. COORDINATION WITH FINANCIAL INDUSTRY REGULATORY 
                   AUTHORITY.

       ``The Association shall coordinate with the Financial 
     Industry Regulatory Authority in order to ease any 
     administrative burdens that fall on members of the 
     Association that are subject to regulation by the Financial 
     Industry Regulatory Authority, consistent with the 
     requirements of this subtitle and the Federal securities laws 
     .

     ``SEC. 332. RIGHT OF ACTION.

       ``(a) Right of Action.--Any person aggrieved by a decision 
     or action of the Association may, after reasonably exhausting 
     available avenues for resolution within the Association, 
     commence a civil action in an appropriate United States 
     district court, and obtain all appropriate relief.
       ``(b) Association Interpretations.--In any action under 
     subsection (a), the court shall give appropriate weight to 
     the interpretation of the Association of its bylaws and 
     standards and this subtitle.

     ``SEC. 333. FEDERAL FUNDING PROHIBITED.

       ``The Association may not receive, accept, or borrow any 
     amounts from the Federal Government to pay for, or reimburse, 
     the Association for, the costs of establishing or operating 
     the Association.

     ``SEC. 334. DEFINITIONS.

       ``For purposes of this subtitle, the following definitions 
     shall apply:
       ``(1) Business entity.--The term `business entity' means a 
     corporation, association, partnership, limited liability 
     company, limited liability partnership, or other legal 
     entity.
       ``(2) Depository institution.--The term `depository 
     institution' has the meaning as in section 3 of the Federal 
     Deposit Insurance Act (12 U.S.C. 1813).
       ``(3) Home state.--The term `home State' means the State in 
     which the insurance producer maintains its principal place of 
     residence or business and is licensed to act as an insurance 
     producer.
       ``(4) Insurance.--The term `insurance' means any product, 
     other than title insurance or bail bonds, defined or 
     regulated as insurance by the appropriate State insurance 
     regulatory authority.
       ``(5) Insurance producer.--The term `insurance producer' 
     means any insurance agent or broker, excess or surplus lines 
     broker or agent, insurance consultant, limited insurance 
     representative, and any other individual or entity that 
     sells, solicits, or negotiates policies of insurance or 
     offers advice, counsel, opinions or services related to 
     insurance.
       ``(6) Insurer.--The term `insurer' has the meaning as in 
     section 313(e)(2)(B) of title 31, United States Code.
       ``(7) Principal place of business.--The term `principal 
     place of business' means the State in which an insurance 
     producer maintains the headquarters of the insurance producer 
     and, in the case of a business entity, where high-level 
     officers of the entity direct, control, and coordinate the 
     business activities of the business entity.
       ``(8) Principal place of residence.--The term `principal 
     place of residence' means the State in which an insurance 
     producer resides for the greatest number of days during a 
     calendar year.
       ``(9) State.--The term `State' includes any State, the 
     District of Columbia, any territory of the United States, and 
     Puerto Rico, Guam, American Samoa, the Trust Territory of the 
     Pacific Islands, the Virgin Islands, and the Northern Mariana 
     Islands.
       ``(10) State law.--
       ``(A) In general.--The term `State law' includes all laws, 
     decisions, rules, regulations, or other State action having 
     the effect of law, of any State.
       ``(B) Laws applicable in the district of columbia.--A law 
     of the United States applicable only to or within the 
     District of Columbia shall be treated as a State law rather 
     than a law of the United States.

     ``SEC. 335. SUNSET.

       ``The provisions of this subtitle, and any program or 
     authorities established or granted therein or derived 
     therefrom, shall terminate on the date that is 2 years after 
     the date on which the Association approves its first member 
     pursuant to section 323.''.
       (b) Technical Amendment.--The table of contents for the 
     Gramm-Leach-Bliley Act is amended by striking the items 
     relating to subtitle C of title III and inserting the 
     following new items:

  ``Subtitle C--National Association of Registered Agents and Brokers

``Sec. 321. National Association of Registered Agents and Brokers.
``Sec. 322. Purpose.
``Sec. 323. Membership.
``Sec. 324. Board of directors.
``Sec. 325. Bylaws, standards, and disciplinary actions.
``Sec. 326. Powers.
``Sec. 327. Report by the Association.
``Sec. 328. Liability of the Association and the Board members, 
              officers, and employees of the Association.
``Sec. 329. Presidential oversight.
``Sec. 330. Relationship to State law.
``Sec. 331. Coordination with Financial Industry Regulatory Authority.
``Sec. 332. Right of action.
``Sec. 333. Federal funding prohibited.
``Sec. 334. Definitions.
``Sec. 335. Sunset.''.
                                 ______
                                 
  SA 3553. Mr. REID (for Mr. Menendez) proposed an amendment to the 
resolution S. Res. 412, reaffirming the strong support of the United 
States Government for freedom of navigation and other internationally 
lawful uses of sea and airspace in the Asia-Pacific region, and for the 
peaceful diplomatic resolution of outstanding territorial and maritime 
claims and disputes; as follows:

       On page 13, line 24, strike ``HD-981'' and insert ``Hai 
     Yang Shi You 981 (HD-981)''.
                                 ______
                                 
  SA 3554. Mr. REID (for Mr. Paul) proposed an amendment to the 
resolution S. Res. 412, reaffirming the strong support of the United 
States Government for freedom of navigation and other internationally 
lawful uses of sea and airspace in the Asia-Pacific region, and for the 
peaceful diplomatic resolution of outstanding territorial and maritime 
claims and disputes; as follows:

       At the end, add the following:

     SEC. 3. RULE OF CONSTRUCTION.

       Nothing in this resolution shall be construed as a 
     declaration of war or authorization to use force.
                                 ______
                                 
  SA 3555. Mr. REID (for Mr. Menendez) proposed an amendment to the

[[Page 11795]]

resolution S. Res. 412, reaffirming the strong support of the United 
States Government for freedom of navigation and other internationally 
lawful uses of sea and airspace in the Asia-Pacific region, and for the 
peaceful diplomatic resolution of outstanding territorial and maritime 
claims and disputes; as follows:

       Beginning in the thirteenth whereas clause of the preamble, 
     strike ``Organization's'' and all that follows through ``Law 
     of the Sea'' in the forty-seventh whereas clause and insert 
     the following: ``Organization and thereby are a departure 
     from accepted practice;
       Whereas the Chicago Convention of the International Civil 
     Aviation Organization distinguishes between civilian aircraft 
     and state aircraft and provides for the specific obligations 
     of state parties, consistent with customary law, to ``refrain 
     from resorting to the use of weapons against civil aircraft 
     in flight and . . . in case of interception, the lives of 
     persons on board and the safety of aircraft must not be 
     endangered'';
       Whereas international civil aviation is regulated by 
     international agreements, including standards and regulations 
     set by ICAO for aviation safety, security, efficiency and 
     regularity, as well as for aviation environmental protection;
       Whereas, in accordance with the norm of airborne innocent 
     passage, the United States does not recognize the right of a 
     coastal nation to apply its ADIZ procedures to foreign state 
     aircraft not intending to enter national airspace nor does 
     the United States apply its ADIZ procedures to foreign state 
     aircraft not intending to enter United States airspace;
       Whereas the United States Government expressed profound 
     concerns with China's unilateral, provocative, dangerous, and 
     destabilizing declaration of such a zone, including the 
     potential for misunderstandings and miscalculations by 
     aircraft operating lawfully in international airspace;
       Whereas the People's Republic of China's declaration of an 
     ADIZ in the East China Sea will not alter how the United 
     States Government conducts operations in the region or the 
     unwavering United States commitment to peace, security and 
     stability in the Asia-Pacific region;
       Whereas the Government of Japan expressed deep concern 
     about the People's Republic of China's declaration of such a 
     zone, regarding it as an effort to unduly infringe upon the 
     freedom of flight in international airspace and to change the 
     status quo that could escalate tensions and potentially cause 
     unintentional consequences in the East China Sea;
       Whereas the Government of the Republic of Korea has 
     expressed concern over China's declared ADIZ, and on December 
     9, 2013, announced an adjustment to its longstanding Air 
     Defense Identification Zone, which does not encompass 
     territory administered by another country, and did so only 
     after undertaking a deliberate process of consultations with 
     the United States, Japan, and China;
       Whereas the Government of the Philippines has stressed that 
     China's declared ADIZ seeks to transfer an entire air zone 
     into Chinese domestic airspace, infringes on freedom of 
     flight in international airspace, and compromises the safety 
     of civil aviation and the national security of affected 
     states, and has called on China to ensure that its actions do 
     not jeopardize regional security and stability;
       Whereas, on November 26, 2013, the Government of Australia 
     made clear in a statement its opposition to any coercive or 
     unilateral actions to change the status quo in the East China 
     Sea;
       Whereas, on March 10, 2014, the United States Government 
     and the Government of Japan jointly submitted a letter to the 
     ICAO Secretariat regarding the issue of freedom of overflight 
     by civil aircraft in international airspace and the effective 
     management of civil air traffic within allocated Flight 
     Information Regions (FIR);
       Whereas Indonesia Foreign Minister Marty Natalegawa, in a 
     hearing before the Committee on Defense and Foreign Affairs 
     on February 18, 2014, stated, ``We have firmly told China we 
     will not accept a similar [Air Defense Identification] Zone 
     if it is adopted in the South China Sea. And the signal we 
     have received thus far is, China does not plan to adopt a 
     similar Zone in the South China Sea.'';
       Whereas over half the world's merchant tonnage flows 
     through the South China Sea, and over 15,000,000 barrels of 
     oil per day transit the Strait of Malacca, fueling economic 
     growth and prosperity throughout the Asia-Pacific region;
       Whereas the increasing frequency and assertiveness of 
     patrols and competing regulations over disputed territory and 
     maritime areas and airspace in the South China Sea and the 
     East China Sea are raising tensions and increasing the risk 
     of confrontation;
       Whereas the Association of Southeast Asian Nations (ASEAN) 
     has promoted multilateral talks on disputed areas without 
     settling the issue of sovereignty, and in 2002 joined with 
     China in signing a Declaration on the Conduct of Parties in 
     the South China Sea that committed all parties to those 
     territorial disputes to ``reaffirm their respect for and 
     commitment to the freedom of navigation in and over flight 
     above the South China Sea as provided for by the universally 
     recognized principles of international law'' and to ``resolve 
     their territorial and jurisdictional disputes by peaceful 
     means, without resorting to the threat or use of force'';
       Whereas ASEAN and China committed in 2002 to develop an 
     effective Code of Conduct when they adopted the Declaration 
     on the Conduct of Parties in the South China Sea, yet 
     negotiations are irregular and little progress has been made;
       Whereas, in recent years, there have been numerous 
     dangerous and destabilizing incidents in waters near the 
     coasts of the Philippines, China, Malaysia, and Vietnam;
       Whereas the United States Government is deeply concerned 
     about unilateral actions by any claimant seeking to change 
     the status quo through the use of coercion, intimidation, or 
     military force, including the continued restrictions on 
     access to Scarborough Reef and pressure on long-standing 
     Philippine presence at the Second Thomas Shoal by the 
     People's Republic of China; actions by any state to prevent 
     any other state from exercising its sovereign rights to the 
     resources of the exclusive economic zone (EEZ) and 
     continental shelf by making claims to those areas that have 
     no support in international law; declarations of 
     administrative and military districts in contested areas in 
     the South China Sea; and the imposition of new fishing 
     regulations covering disputed areas, which have raised 
     tensions in the region;
       Whereas international law is important to safeguard the 
     rights and freedoms of all states in the Asia-Pacific region, 
     and the lack of clarity in accordance with international law 
     by claimants with regard to their South China Sea claims can 
     create uncertainty, insecurity, and instability;
       Whereas the United States Government opposes the use of 
     intimidation, coercion, or force to assert a territorial 
     claim in the South China Sea;
       Whereas claims in the South China Sea must accord with 
     international law, and those that are not derived from land 
     features are fundamentally flawed;
       Whereas ASEAN issued Six-Point Principles on the South 
     China Sea on July 20, 2012, whereby ASEAN's Foreign Ministers 
     reiterated and reaffirmed ``the commitment of ASEAN Member 
     States to: . . . 1. the full implementation of the 
     Declaration on the Conduct of Parties in the South China Sea 
     (2002); . . . 2. the Guidelines for the Implementation of the 
     Declaration on the Conduct of Parties in the South China Sea 
     (2011); . . . 3. the early conclusion of a Regional Code of 
     Conduct in the South China Sea; . . . 4. the full respect of 
     the universally recognized principles of International Law, 
     including the 1982 United Nations Convention on the Law of 
     the Sea (UNCLOS); . . . 5. the continued exercise of self-
     restraint and non-use of force by all parties; and . . . 6. 
     the peaceful resolution of disputes, in accordance with 
     universally recognized principles of International Law, 
     including the 1982 United Nations Convention on the Law of 
     the Sea (UNCLOS).'';
       Whereas, in 2013, the Republic of the Philippines properly 
     exercised its rights to peaceful settlement mechanisms with 
     the filing of arbitration case under Article 287 and Annex 
     VII of the Convention on the Law of the Sea in order to 
     achieve a peaceful and durable solution to the dispute, and 
     the United States hopes that all parties in any dispute 
     ultimately abide by the rulings of internationally recognized 
     dispute-settlement bodies;
       Whereas China and Japan are the world's second and third 
     largest economies, and have a shared interest in preserving 
     stable maritime domains to continue to support economic 
     growth;
       Whereas there has been an unprecedented increase in 
     dangerous activities by Chinese maritime agencies in areas 
     near the Senkaku islands, including between 6 and 25 ships of 
     the Government of China intruding into the Japanese 
     territorial sea each month since September 2012, between 26 
     and 124 ships entering the ``contiguous zone'' in the same 
     time period, and 9 ships intruding into the territorial sea 
     and 33 ships entering in the contiguous zone in February 
     2014;
       Whereas, although the United States Government does not 
     take a position on the ultimate sovereignty of the Senkaku 
     Islands, the United States Government acknowledges that they 
     are under the administration of Japan and opposes any 
     unilateral actions that would seek to undermine such 
     administration;
       Whereas the United States Senate has previously affirmed 
     that the unilateral actions of a third party will not affect 
     the United States acknowledgment of the administration of 
     Japan over the Senkaku Islands;
       Whereas the United States remains committed under the 
     Treaty of Mutual Cooperation and Security to respond to any 
     armed attack in the territories under the administration of 
     Japan, has urged all parties to take steps to prevent 
     incidents and manage disagreements through peaceful means, 
     and commends the Government of Japan for its restrained 
     approach in this regard;
       Whereas both the United States and the People's Republic of 
     China are parties to and are obligated to observe the rules 
     of the Convention on the International Regulations for 
     Preventing Collisions at Sea, done at London October 12, 1972 
     (COLREGs);

[[Page 11796]]

       Whereas, on December 5, 2013, the USS Cowpens was lawfully 
     operating in international waters in the South China Sea when 
     a People's Liberation Army Navy vessel reportedly crossed its 
     bow at a distance of less than 500 yards and stopped in the 
     water, forcing the USS Cowpens to take evasive action to 
     avoid a collision;
       Whereas the reported actions taken by the People's 
     Liberation Army Navy vessel in the USS Cowpens' incident, as 
     publicly reported, appear contrary to the international legal 
     obligations of the People's Republic of China under COLREGs;
       Whereas, on May 1, 2014, the People's Republic of China's 
     state-owned energy company, CNOOC, placed its deepwater semi-
     submersible drilling rig Hai Yang Shi You 981 (HD-981), 
     accompanied by over 25 Chinese ships, in Block 143, 120 
     nautical miles off Vietnam's coastline;
       Whereas, from May 1 to May 9, 2014, the number of Chinese 
     vessels escorting Hai Yang Shi You 981 (HD-981) increased to 
     more than 80, including seven military ships, which 
     aggressively patrolled and intimidated Vietnamese Coast Guard 
     ships in violation of COLREGS, reportedly intentionally 
     rammed multiple Vietnamese vessels, and used helicopters and 
     water cannons to obstruct others;
       Whereas, on May 5, 2014, vessels from the Maritime Safety 
     Administration of China (MSAC) established an exclusion zone 
     with a radius of three nautical miles around Hai Yang Shi You 
     981 (HD-981), which undermines maritime safety in the area 
     and is in violation of universally recognized principles of 
     international law;
       Whereas China's territorial claims and associated maritime 
     actions in support of the drilling activity that Hai Yang Shi 
     You 981 (HD-981) commenced on May 1, 2014, have not been 
     clarified under international law
  SA 3556. Mr. REID (for Mr. Blunt) proposed an amendment to the bill 
S. 653, to provide for the establishment of the Special Envoy to 
Promote Religious Freedom of Religious Minorities in the Near East and 
South Central Asia; as follows:

       On page 1, line 5, strike ``2013'' and insert ``2014''.
       On page 5, strike line 6 and insert the following:

     SEC. 6. SUNSET.

       This Act shall cease to be effective beginning on October 
     1, 2019.

     SEC. 7. FUNDING.

       On page 5, line 9, strike ``2013 through 2017'' and insert 
     ``2015 through 2019''.

                          ____________________