The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S8104-S8135 on Nov. 18, 2013.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 2075. Mr. MENENDEZ (for himself and Mr. Corker) submitted an amendment intended to be proposed by him to the bill S. 1545, to extend authorities related to global HIV/AIDS and to promote oversight of United States programs; which was ordered to lie on the table; as follows:
On page 18, strike line 11 and insert the following:
``(R) A description of program evaluations completed during the reporting period, including whether all completed evaluations have been published on a publically available Internet website and whether any completed evaluations did not adhere to the common evaluation standards of practice published under paragraph (4).
``(4) Common evaluation standards.--Not later than February 1, 2014, the Global AIDS Coordinator shall publish on a publically available Internet website the common evaluation standards of practice referred to in paragraph (3)(R).
``(5) Partner country defined.--In this
On page 16, line 3, strike ``counties'' and insert
``countries''.
On page 18, line 1, strike the second set of quotation marks.
On page 18, line 4, strike the second set of quotation marks.
______
SA 2076. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 1032 and insert the following:
SEC. 1032. TRANSFER OF MEDICAL PERSONNEL AND SUPPLIES TO
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, FOR TREATMENT OF INDIVIDUALS DETAINED AT
GUANTANAMO.
(a) Transfer for Emergency or Critical Medical Treatment Authorized.--The Secretary of Defense may transfer any United States military medical personnel or medical supplies from a military medical treatment facility in the United States to United States Naval Station Guantanamo Bay, Cuba, for the purpose of providing medical treatment to prevent the death or significant injury or harm to the health of an individual detained at Guantanamo.
(b) Individual Detained at Guantanamo Defined.--In this section, the term ``individual detained at Guantanamo'' has the meaning given that term in section 1031(e)(2).
______
SA 2077. Mr. CRUZ (for himself, Mr. Cornyn, Mr. Graham, and Mr. Rubio) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1035. REWARDS AUTHORIZED.
In accordance with the Rewards for Justice program authorized under section 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)), the Secretary of State shall offer a reward of not more than $5,000,000 to individuals who furnish information--
(1) regarding the attacks on the United States diplomatic mission at Benghazi, Libya that began on September 11, 2012; or
(2) leading to the capture of an individual who committed, conspired to commit, attempted to commit, or aided in the commission of the attacks described in paragraph (1).
______
SA 2078. Mr. UDALL of Colorado (for himself and Mr. Blunt) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1066. REPORT ON HEALTH AND SAFETY RISKS ASSOCIATED WITH
EJECTION SEATS.
(a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report setting forth an assessment of the risks to the health and safety of members of the Armed Forces of the ejection seats currently in operational use by the Air Force.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) An assessment whether aircrew members wearing advanced helmets, night vision systems, helmet-mounted cueing systems, or other helmet-mounted devices or attachments are at increased risk of serious injury or death during a high-speed ejection sequence.
(2) An analysis of how ejection seats currently in operational use provide protection against head, neck, and spinal cord injuries during an ejection sequence.
(3) An analysis of initiatives currently underway within the Air Force to decrease the risk of death or serious injury in an ejection sequence.
(4) The status of any testing or qualifications on upgraded ejection seats that may reduce the risk of death or serious injury in an ejection sequence.
______
SA 2079. Mr. UDALL of Colorado submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XXVIII, add the following new section:
SEC. 2842. CONDITIONS ON DEPARTMENT OF DEFENSE EXPANSION OF
PINON CANYON MANEUVER SITE, FORT CARSON,
COLORADO.
The Secretary of Defense and the Secretary of the Army may not acquire, in fee or by eminent domain, any land to expand the size of the Pinon Canyon Maneuver Site near Fort Carson, Colorado, unless each of the following occurs:
(1) The land acquisition is specifically authorized in an Act of Congress enacted after the date of the enactment of this Act.
(2) Funds are specifically appropriated for the land acquisition.
(3) The Secretary of Defense and the Secretary of the Army comply with the environmental review requirements of section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) with respect to the land acquisition.
______
SA 2080. Mr. BLUMENTHAL (for himself, Ms. Ayotte, Mr. Cornyn, and Mr. Casey) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle D--Syria Sanctions
SEC. 1241. DEFINITIONS.
In this subtitle:
(1) Account; correspondent account; payable-through account.--The terms ``account'', ``correspondent account'', and ``payable-through account'' have the meanings given those terms in section 5318A of title 31, United States Code.
(2) Agricultural commodity.--The term ``agricultural commodity'' has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.
(4) Component part.--The term ``component part'' has the meaning given that term in section 11A(e)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
(5) Financial institution.--The term ``financial institution'' has the meaning given that term in section 14 of the Iran Sanctions of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
(6) Finished product.--The term ``finished product'' has the meaning given that term in section 11A(e)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
(7) Foreign financial institution; domestic financial institution.--The terms ``foreign financial institution'' and
``domestic financial institution'' shall have the meanings of those terms as determined by the Secretary of the Treasury.
(8) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person.
(9) Good and technology.--The terms ``good'' and
``technology'' have the meanings given those terms in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
(10) Government of syria.--The term ``Government of Syria''--
(A) means the Government of Syria on the date of the enactment of this Act, including any agency or instrumentality of that Government, any entity controlled by that Government, and the Central Bank of Syria; and
(B) does not include a successor government of Syria.
(11) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(12) Medical device.--The term ``medical device'' has the meaning given the term ``device'' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(13) Medicine.--The term ``medicine'' has the meaning given the term ``drug'' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(14) Money laundering.--The term ``money laundering'' means the movement of illicit cash or cash equivalent proceeds into, out of, or through a country, or into, out of, or through a financial institution.
(15) Person.--The term ``person'' means an individual or entity.
(16) Services.--The term ``services'' includes software, hardware, financial, professional consulting, engineering, and specialized energy information services, energy-related technical assistance, and maintenance and repairs.
(17) Successor government of syria.--The term ``successor government of Syria'' means a successor government to the Government of Syria that is recognized as the legitimate governing authority of Syria by the Government of the United States.
(18) United states person.--The term ``United States person'' means--
(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; and
(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
PART I--IMPOSITION OF SANCTIONS WITH RESPECT TO SENIOR OFFICIALS OF THE GOVERNMENT OF SYRIA AND PERSONS THAT CONDUCT CERTAIN TRANSACTIONS WITH
SYRIA
SEC. 1251. IMPOSITION OF SANCTIONS WITH RESPECT TO SENIOR
OFFICIALS OF THE GOVERNMENT OF SYRIA.
(a) Identification of Persons.--
(1) In general.--Not later than 60 days after the date of the enactment of this Act, and every 60 days thereafter, the President shall submit to the appropriate congressional committees a list of persons the President determines--
(A) are senior officials of the Government of Syria;
(B) have provided support to or received support from a senior official of that Government;
(C) have acted or purported to act, directly or indirectly, for or on behalf of a senior official of that Government; or
(D) are owned or controlled, directly or indirectly, by a senior official of that Government.
(2) Senior officials.--In making the determination required by paragraph (1)(A), the President shall consider the following individuals to be senior officials of the Government of Syria:
(A) President Bashar al-Assad.
(B) The Vice President of that Government.
(C) Any member of the cabinet of that Government.
(D) The head or heads of the National Progressive Front.
(E) Any senior leader of--
(i) the Syrian Arab Army;
(ii) the Syrian Arab Navy;
(iii) the Syrian Arab Air Force;
(iv) the Syrian Arab Air Defense Force; or
(v) any other military or paramilitary force that has taken up arms on behalf of that Government.
(3) Support to or from senior officials.--In making the determination required by paragraph (1)(B), the President shall consider the following persons to have provided support to or received support from a senior official of the Government of Syria:
(A) Any person that has materially assisted, sponsored, or provided goods, services, or financial, material, or technological support to or for the benefit of an individual the President has determined under paragraph (1)(A) to be a senior official of that Government.
(B) Any person that has received any funds, goods, or services from an individual the President has determined under paragraph (1)(A) to be a senior official of that Government.
(b) Blocking of Property.--The President shall block and prohibit any transaction in property and interests in property of any person on the list required by subsection
(a)(1) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(c) Humanitarian Exception.--The President may not impose sanctions under this section with respect to any person for the provision of agricultural commodities, food, medicine, or medical devices to Syria or the provision of humanitarian assistance to the people of Syria.
(d) Exception for Support to Dismantle Chemical Weapons Program.--The President may not impose sanctions under this section with respect to any person for the provision of support in the process of dismantling the chemical weapons program of Syria.
(e) Waiver.--
(1) In general.--The President may waive the imposition of sanctions under this section for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 90 days, if the President--
(A) determines that such a waiver is vital to the national security of the United States; and
(B) submits to the appropriate congressional committees a report providing a justification for the waiver.
(2) Form of report.--Each report submitted under paragraph
(1)(B) shall be submitted in unclassified form, but may include a classified annex.
SEC. 1252. IMPOSITION OF PENALTIES WITH RESPECT TO UNITED
STATES PERSONS THAT CONDUCT CERTAIN
TRANSACTIONS WITH RESPECT TO SYRIA.
(a) In General.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act, to a United States person that--
(1) violates, attempts to violate, conspires to violate, or causes a violation of section 1251 or regulations prescribed under section 1251;
(2) conducts investment activities in Syria on or after the date of the enactment of this Act;
(3) exports, reexports, sells, or supplies, directly or indirectly, a service from the United States to the Government of Syria;
(4) conducts a transaction with respect to petroleum or petroleum products of Syrian origin; or
(5) approves, finances, facilitates, or guarantees a transaction by a foreign person that would be prohibited under this section if conducted by a United States person.
(b) Investment Activities Defined.--In this section, the term ``investment activities'' means--
(1) an investment of more than $100 in the aggregate in the economy of Syria in--
(A) the financial or banking sector;
(B) the military or defense sector;
(C) the law enforcement sector; or
(D) the energy sector; or
(2) a transfer of any amount to Bashar al-Assad or any person acting or purporting to act, directly or indirectly, for or on behalf of Bashar al-Assad.
SEC. 1253. APPLICABILITY TO CONTRACTS AND OTHER AGREEMENTS.
The blocking of property under section 1251(b) and the penalties under section 1252 shall apply to contracts or other agreements entered into on or after December 1, 2013.
PART II--MODIFICATION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES
IN SYRIA
SEC. 1261. MODIFICATION OF LIST OF PERSONS RESPONSIBLE FOR OR
COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED
AGAINST CITIZENS OF SYRIA OR THEIR FAMILY
MEMBERS.
(a) In General.--Section 702(b)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8791(b)(1)) is amended to read as follows:
``(1) In general.--Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the President shall submit to the appropriate congressional committees a list of the following persons:
``(A) Any person that the President determines, based on credible evidence, is responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses, including repression, against citizens of Syria or their family members, regardless of whether those abuses occurred in Syria.
``(B) A senior official or senior officer of a person described in subparagraph (A).
``(C) Any person that has materially assisted, sponsored, or provided goods, services, or financial, material, or technological support to a person--
``(i) described in subparagraph (A); or
``(ii) with respect to which sanctions have been imposed pursuant to Executive Order 13338 or Executive Order 13460
(50 U.S.C. 1701 note; relating to blocking property of certain persons and prohibiting the export of certain goods to Syria).
``(D) Any person owned or controlled, directly or indirectly, by a person with respect to which sanctions have been imposed pursuant to Executive Order 13460.
``(E) Any person acting or purporting to act, directly or indirectly, for or on behalf of a person with respect to which sanctions have been imposed pursuant to Executive Order 13460.''.
(b) Update.--Section 702(b)(2) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8791(b)(2)) is amended by striking
``enactment of this Act'' and inserting ``enactment of the National Defense Authorization Act for Fiscal Year 2014''.
(c) Transition Rule.--The President shall submit any list required to be submitted before the date that is 120 days after the date of the enactment of this Act by subsection (b) of section 702 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8791), as in effect on the day before such date of enactment, in accordance with the provisions of such section 702.
SEC. 1262. MODIFICATION OF IMPOSITION OF SANCTIONS WITH
RESPECT TO THE TRANSFER OF GOODS OR
TECHNOLOGIES TO SYRIA THAT ARE LIKELY TO BE
USED TO COMMIT HUMAN RIGHTS ABUSES.
(a) Persons Against Which Sanctions Are Imposed.--Section 703(a)(2) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8792(a)(2)) is amended--
(1) in subparagraph (B), by striking ``; or'' and inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
``(D) has acted for or on behalf of a person on the list, if the person that acted for or on behalf of the person on the list knowingly engaged in the activity described in subsection (b)(2) for which the person was included in the list; or
``(E) has materially assisted, sponsored, or provided goods, services, or financial, material, or technological support to a person on the list, if the person that assisted, sponsored, or provided goods, services, or support had actual knowledge or should have known that the person on the list engaged in the activity described in subsection (b)(2) for which the person was included in the list.''.
(b) Activity Described.--Section 703(b)(2)(A) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8792(b)(2)(A)) is amended--
(1) in clause (i), by striking ``; or'' and inserting a semicolon;
(2) in clause (ii), by striking the period at the end and inserting ``; or''; and
(3) by adding at the end the following:
``(iii) operates or directs the operation of goods or technologies described in subparagraph (C)(ii).''.
(c) Submission Date.--Section 703(b)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8792(b)(1)) is amended by striking ``enactment of this Act'' and inserting ``enactment of the National Defense Authorization Act for Fiscal Year 2014''.
(d) Update.--Section 703(b)(4) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8792(b)(4)) is amended by striking ``enactment of this Act'' and inserting
``enactment of the National Defense Authorization Act for Fiscal Year 2014''.
(e) Transition Rule.--The President shall submit any list required to be submitted before the date that is 120 days after the date of the enactment of this Act by section 703 of the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8792), as in effect on the day before such date of enactment, in accordance with the provisions of such section 703.
PART III--IMPOSITION OF SANCTIONS TO PREVENT THE DEVELOPMENT OF WEAPONS
CAPABILITIES OF SYRIA
SEC. 1271. DECLARATION OF POLICY.
It is the policy of the United States to prevent the massacre of the people of Syria by denying the Government of Syria the ability to develop and obtain weapons of mass destruction and conventional weapons and to use those and other weapons against the people of Syria.
SEC. 1272. MULTILATERAL REGIME.
(a) Multilateral Negotiations.--In order to further the objective of section 1271, Congress urges the President to commence immediately diplomatic efforts, both in appropriate international fora such as the United Nations, and bilaterally with allies of the United States, to establish a multilateral sanctions regime against Syria that will inhibit the efforts of the Government of Syria to develop and obtain conventional weapons and to use those and other weapons against the people of Syria.
(b) Periodic Reports to Congress.--
(1) In general.--Not later than 60 days after the date of the enactment of this Act, and every 120 days thereafter, the President shall report to the appropriate congressional committees on the extent to which diplomatic efforts described in subsection (a) have been successful.
(2) Contents.--Each report required under paragraph (1) shall include the following:
(A) The countries that have agreed to undertake measures to inhibit the efforts of the Government of Syria described in subsection (a), and a description of those measures.
(B) The countries that have not agreed to measures described in subparagraph (A).
(C) Other measures the President recommends that the United States take to inhibit the efforts of the Government of Syria described in subsection (a).
(c) Investigations.--
(1) In general.--The President shall initiate an investigation into the possible imposition of sanctions under section 1273 or 1274 against a person upon receipt by the United States of credible information indicating that such person is engaged in an activity described in such section.
(2) Determination and notification.--Not later than 180 days after an investigation is initiated in accordance with paragraph (1), and subject to paragraph (3), the President shall--
(A) determine, pursuant to section 1273 or 1274, if a person has engaged in an activity described in that section; and
(B) notify the appropriate congressional committees of the basis for any such determination.
(3) Special rule.--The President is not required to initiate an investigation, and may terminate an investigation, under this subsection if the President certifies in writing to the appropriate congressional committees that--
(A) the person whose activity was the basis for the investigation is no longer engaging in the activity or has taken significant verifiable steps toward stopping the activity; and
(B) the President has received reliable assurances that the person will not knowingly engage in an activity described in section 1273 or 1274 in the future.
SEC. 1273. IMPOSITION OF SANCTIONS WITH RESPECT TO
DEVELOPMENT OF WEAPONS OF MASS DESTRUCTION OR
OTHER MILITARY CAPABILITIES BY SYRIA.
(a) Exports, Transfers, and Transshipments.--The President shall impose 5 or more of the sanctions described in section 1280 with respect to a person if the President determines that the person--
(1) on or after the date of the enactment of this Act, exported or transferred, or permitted or otherwise facilitated the transshipment of, any goods, services, technology, or other items to any other person; and
(2) knew or should have known that--
(A) the export, transfer, or transshipment of the goods, services, technology, or other items would likely result in another person exporting, transferring, transshipping, or otherwise providing the goods, services, technology, or other items to Syria; and
(B) the export, transfer, transshipment, or other provision of the goods, services, technology, or other items to Syria would contribute materially to the ability of the Government of Syria to--
(i) acquire or develop chemical, biological, or nuclear weapons or related technologies; or
(ii) acquire or develop conventional weapons that are intended to be used, or are actually used, against the people of Syria.
(b) Rule of Construction.--Nothing in this section shall prohibit the Government of the United States from transporting weapons and aid to forces opposing the Government of Syria.
SEC. 1274. IMPOSITION OF SANCTIONS WITH RESPECT TO
EXPORTATION OF DEFENSE ARTICLES TO SYRIA.
(a) In General.--The President shall impose 5 or more of the sanctions described in section 1280 with respect to a person if the President determines that the person--
(1) sells or provides defense articles to the Government of Syria; or
(2) sells, leases, or provides to the Government of Syria goods, services, technology, information, or support described in subsection (b).
(b) Goods, Services, Technology, Information, or Support Described.--Goods, services, technology, information, or support described in this subsection are goods, services, technology, information, or support that could directly and significantly contribute to the enhancement of the ability of the Government of Syria to import defense articles, including--
(1) except as provided in subsection (c), underwriting or entering into a contract to provide insurance or reinsurance for the sale, lease, or provision of such goods, services, technology, information, or support;
(2) financing or brokering such sale, lease, or provision;
(3) providing ships or shipping services to deliver defense articles to Syria;
(4) bartering or contracting by which goods are exchanged for goods, including the insurance or reinsurance of such exchanges; or
(5) purchasing, subscribing to, or facilitating the issuance of sovereign debt of the Government of Syria, including governmental bonds.
(c) Exception for Underwriters and Insurance Providers Exercising Due Diligence.--The President may not impose sanctions under this section with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not underwrite or enter into a contract to provide insurance or reinsurance for the sale, lease, or provision of goods, services, technology, information, or support described in subsection (b).
(d) Defense Article Defined.--In this section, the term
``defense article'' has the meaning given that term in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794(3)).
SEC. 1275. ADDITIONAL MANDATORY SANCTIONS RELATING TO
TRANSFER OF NUCLEAR TECHNOLOGY.
(a) In General.--Except as provided in subsections (b) and
(c), in any case in which a person is subject to sanctions under section 1273 or 1274 because of an activity described in that section that relates to the acquisition or development of nuclear weapons or related technology or of missiles or advanced conventional weapons that are designed or modified to deliver a nuclear weapon, no license may be issued for the export, and no approval may be given for the transfer or retransfer, directly or indirectly, to the country the government of which has primary jurisdiction over the person, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation between the United States and that government.
(b) Exception.--The sanctions described in subsection (a) shall not apply with respect to a country the government of which has primary jurisdiction over a person that engages in an activity described in that subsection if the President determines and notifies the appropriate congressional committees that the government of the country--
(1) does not know or have reason to know about the activity; or
(2) has taken, or is taking, all reasonable steps necessary to prevent a recurrence of the activity and to penalize the person for the activity.
(c) Individual Approval.--Notwithstanding subsection (a), the President may, on a case-by-case basis, approve the issuance of a license for the export, or approve the transfer or retransfer, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation, to a person in a country to which subsection (a) applies (other than a person that is subject to the sanctions under section 1273 or 1274) if the President--
(1) determines that such approval is vital to the national security interests of the United States; and
(2) not later than 15 days before issuing such license or approving such transfer or retransfer, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives the justification for approving such license, transfer, or retransfer.
(d) Construction.--The sanctions described in subsection
(a) shall apply in addition to all other applicable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and other related laws.
(e) Agreement for Cooperation Defined.--In this section, the term ``agreement for cooperation'' has the meaning given that term in section 11(b) of the Atomic Energy Act of 1954
(42 U.S.C. 2014(b)).
SEC. 1276. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION
OF TRAINING TO MILITARY OR PARAMILITARY FORCES
OF THE GOVERNMENT OF SYRIA.
The President shall impose 5 or more of the sanctions described in section 1280 with respect to a person if the President determines that the person knowingly engages in an activity that provides training to the military or paramilitary forces of the Government of Syria.
SEC. 1277. IMPOSITION OF SANCTIONS WITH RESPECT TO
EXPORTATION OF REFINED PETROLEUM PRODUCTS TO
SYRIA.
(a) In General.--The President shall impose 5 or more of the sanctions described in section 1280 with respect to a person if the President determines that the person knowingly--
(1) sells or provides to the Government of Syria refined petroleum products--
(A) that have a fair market value of $1,000,000 or more; or
(B) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more; or
(2) sells, leases, or provides to the Government of Syria goods, services, technology, information, or support described in subsection (b)--
(A) any of which has a fair market value of $1,000,000 or more; or
(B) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.
(b) Goods, Services, Technology, Information, or Support Described.--Goods, services, technology, information, or support described in this subsection are goods, services, technology, information, or support that could directly and significantly contribute to the enhancement of the ability of the Government of Syria to import refined petroleum products, including--
(1) except as provided in subsection (c), underwriting or entering into a contract to provide insurance or reinsurance for the sale, lease, or provision of such goods, services, technology, information, or support;
(2) financing or brokering such sale, lease, or provision;
(3) providing ships or shipping services to deliver refined petroleum products to Syria;
(4) bartering or contracting by which goods are exchanged for goods, including the insurance or reinsurance of such exchanges; or
(5) purchasing, subscribing to, or facilitating the issuance of sovereign debt of the Government of Syria, including governmental bonds.
(c) Exception for Underwriters and Insurance Providers Exercising Due Diligence.--The President may not impose sanctions under this paragraph with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not underwrite or enter into a contract to provide insurance or reinsurance for the sale, lease, or provision of goods, services, technology, information, or support described in subsection (b).
SEC. 1278. SANCTIONED PERSONS.
(a) In General.--The sanctions described in sections 1273, 1274, 1275, 1276, and 1277 shall be imposed with respect to--
(1) any person the President determines has carried out an activity described in any such section; and
(2) any person that--
(A) is a successor entity to the person referred to in paragraph (1);
(B) owns or controls the person referred to in paragraph
(1), if the person that owns or controls the person referred to in paragraph (1) had actual knowledge or should have known that the person referred to in paragraph (1) engaged in the activity referred to in that paragraph; or
(C) is owned or controlled by, or under common ownership or control with, the person referred to in paragraph (1), if the person owned or controlled by, or under common ownership or control with (as the case may be), the person referred to in paragraph (1) knowingly engaged in the activity referred to in that paragraph.
(b) Sanctioned Person Defined.--In this part, the term
``sanctioned person'' means any person described in subsection (a).
SEC. 1279. WAIVER.
(a) In General.--Except as provided in subsection (b), the President may, on a case by case basis, waive for a period of not more than 180 days the application of section 1273, 1274, 1275, 1276, or 1277 with respect to a person if the President certifies to the appropriate congressional committees at least 30 days before the waiver is to take effect that the waiver is vital to the national security interests of the United States.
(b) Exception.--The President may not waive the application of section 1273 with respect to a person for the provision of goods, services, technology, or other items to Syria that would contribute materially to the ability of the Government of Syria to acquire or develop chemical, biological, or nuclear weapons or related technologies.
(c) Subsequent Renewal of Waiver.--At the conclusion of the period of a waiver under subsection (a), the President may renew the waiver for subsequent periods of not more than 180 days each if the President determines, in accordance with that subsection, that the waiver is appropriate.
SEC. 1280. DESCRIPTION OF SANCTIONS.
The sanctions to be imposed on a sanctioned person under this part are as follows:
(1) Export-import bank assistance for exports to sanctioned persons.--The President may direct the Export-Import Bank of the United States not to approve any financing (including any guarantee, insurance, extension of credit, or participation in the extension of credit) in connection with the export of any goods or services to any sanctioned person.
(2) Export sanction.--The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under--
(A) the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.));
(B) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(C) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); or
(D) any other law that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services.
(3) Loans from united states financial institutions.--The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12-month period unless that person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities.
(4) Prohibitions on financial institutions.--
(A) In general.--The following prohibitions may be imposed against a sanctioned person that is a financial institution:
(i) Prohibition on designation as primary dealer.--Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments.
(ii) Prohibition on service as a repository of government funds.--Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.
(B) Clarification.--The imposition of either sanction under clause (i) or (ii) of subparagraph (A) shall be treated as one sanction for purposes of this part, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of this part.
(5) Procurement sanction.--The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person.
(6) Foreign exchange.--The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which a sanctioned person has any interest.
(7) Banking transactions.--The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person.
(8) Property transactions.--The President may, pursuant to such regulations as the President may prescribe, prohibit any person from--
(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the sanctioned person has any interest;
(B) dealing in or exercising any right, power, or privilege with respect to such property; or
(C) conducting any transaction involving such property.
(9) Ban on investment in equity or debt of sanctioned person.--The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person.
(10) Exclusion of corporate officers.--The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person.
(11) Sanctions on principal executive officers.--The President may impose on the principal executive officer or officers of any sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection.
(12) Additional sanctions.--The President may impose sanctions, as appropriate, to restrict imports with respect to a sanctioned person, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
SEC. 1280A. ADDITIONAL MEASURE RELATING TO GOVERNMENT
CONTRACTS.
(a) Modification of Federal Acquisition Regulation.--Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41, United States Code, shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not engage in any activity for which sanctions may be imposed under this part.
(b) Remedies.--
(1) Termination, debarment, or suspension.--
(A) In general.--If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the revision of the Federal Acquisition Regulation required by this section becomes effective, the head of that executive agency shall--
(i) terminate a contract with such person; or
(ii) debar or suspend such person from eligibility for Federal contracts for a period of not more than 3 years.
(B) Procedure.--Any debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41, United States Code.
(2) Inclusion on list of parties excluded from federal procurement and nonprocurement programs.--The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41, United States Code, each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency pursuant to paragraph (1).
(c) Clarification Regarding Certain Products.--The remedies set forth in subsection (b) shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b) of that Act (19 U.S.C. 2511(b)).
(d) Rule of Construction.--This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a).
(e) Waivers.--The President may on a case-by-case basis waive the requirement that a person make a certification under subsection (a) if the President determines and certifies in writing to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, that it is in the national interest of the United States to do so.
(f) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given that term in section 133 of title 41, United States Code.
(g) Applicability.--The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act.
PART IV--IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS
THAT ENGAGE IN CERTAIN TRANSACTIONS WITH SYRIA
SEC. 1281. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL
INSTITUTIONS THAT ENGAGE IN CERTAIN
TRANSACTIONS WITH SYRIA.
(a) Prohibitions and Conditions With Respect to Certain Accounts Held by Foreign Financial Institutions.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the Secretary finds knowingly engages in an activity described in paragraph
(2).
(2) Activities described.--A foreign financial institution engages in an activity described in this paragraph if the foreign financial institution--
(A) facilitates the efforts of the Government of Syria, Hezbollah, or others that have knowingly engaged in armed conflict on behalf of the Government of Syria--
(i) to acquire or develop weapons of mass destruction or delivery systems for weapons of mass destruction; or
(ii) to provide support for organizations designated as foreign terrorist organizations under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)) or support for acts of international terrorism (as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note));
(B) engages in money laundering to carry out an activity described in subparagraph (A);
(C) facilitates efforts by the Central Bank of Syria or any other Syrian financial institution to carry out an activity described in subparagraph (A); or
(D) facilitates a significant transaction or transactions or provides significant financial services for a person whose property or interests in property are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) in connection with--
(i) the proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction by the Government of Syria;
(ii) the support by that Government for international terrorism; or
(iii) human rights abuses by that Government.
(3) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under paragraph
(1) to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
(b) Penalties for Domestic Financial Institutions for Actions of Persons Owned or Controlled by Such Financial Institutions.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to prohibit any person owned or controlled by a domestic financial institution from knowingly engaging in a transaction or transactions with or benefitting the Government of Syria, Hezbollah, or any of its agents or affiliates whose property or interests in property are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(2) Penalties.--The penalties provided for in section 206(b) of the International Emergency Economic Powers Act (50 U.S.C. 1705(b)) shall apply to a domestic financial institution to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act if--
(A) a person owned or controlled by the domestic financial institution violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under paragraph (1) of this subsection; and
(B) the domestic financial institution knew or should have known that the person violated, attempted to violate, conspired to violate, or caused a violation of such regulations.
(c) Requirements for Financial Institutions Maintaining Accounts for Foreign Financial Institutions.--
(1) In general.--The Secretary of the Treasury shall prescribe regulations to require a domestic financial institution maintaining a correspondent account or payable-through account in the United States for a foreign financial institution to do following:
(A) Perform an audit of activities described in subsection
(a)(2) that may be carried out by the foreign financial institution.
(B) Establish due diligence policies, procedures, and controls, such as the due diligence policies, procedures, and controls described in section 5318(i) of title 31, United States Code, reasonably designed to detect whether the foreign financial institution has knowingly engaged in any such activity.
(2) Report.--Any domestic financial institution maintaining a correspondent account or payable-through account in the United States for a foreign financial institution shall report to the Department of the Treasury any time the domestic financial institution suspects that the foreign financial institution is engaging in any activity described in subsection (a)(2), without regard to whether the Department requested such a report.
(3) Penalties.--The penalties provided for in sections 5321(a) and 5322 of title 31, United States Code, shall apply to a person that violates a regulation prescribed under paragraph (1) or the requirements of paragraph (2), in the same manner and to the same extent as such penalties would apply to any person that is otherwise subject to such section 5321(a) or 5322.
(d) Waiver.--The Secretary of the Treasury may waive the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (a) or the imposition of a penalty under subsection (b) with respect to a domestic financial institution on and after the date that is 30 days after the Secretary--
(1) determines that such a waiver is necessary to the national interest of the United States; and
(2) submits to the appropriate congressional committees a report describing the reasons for the determination.
(e) Procedures for Judicial Review of Classified Information.--
(1) In general.--If a finding under subsection (a)(1), a prohibition, condition, or penalty imposed as a result of any such finding, or a penalty imposed under subsection (b), is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the Secretary of the Treasury may submit such information to the court ex parte and in camera.
(2) Rule of construction.--Nothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under subsection (a)(1), any prohibition, condition, or penalty imposed as a result of any such finding, or any penalty imposed under subsection (b).
(f) Consultations in Implementation of Regulations.--In implementing this section and the regulations prescribed under this section, the Secretary of the Treasury--
(1) shall consult with the Secretary of State; and
(2) may, in the sole discretion of the Secretary of the Treasury, consult with such other agencies and departments and such other interested parties as the Secretary considers appropriate.
(g) Agent Defined.--In this section, the term ``agent'' includes an entity established by a person for purposes of conducting transactions on behalf of the person in order to conceal the identity of the person.
PART V--GENERAL PROVISIONS
SEC. 1291. REPORT ON MILITARY CAPABILITIES OF GOVERNMENT OF
SYRIA.
(a) In General.--Not later than 60 days after the date of the enactment of this Act, and every 120 days thereafter, the President shall report to the appropriate congressional committees on the military capabilities of the Government of Syria.
(b) Contents.--Each report required under subsection (a) shall include the following:
(1) Information on the provision of weapons to the Government of Syria during the 120-day period preceding the submission of the report, including--
(A) the type and quantity of weapons being provided to that Government; and
(B) the entities providing those weapons to that Government.
(2) The types of weapons that are most commonly used by that Government against the people of Syria.
SEC. 1292. REPORTS ON IDENTIFICATION OF SYRIAN ASSETS.
(a) In General.--Not later than 30 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report identifying assets of the Government of Syria held by financial institutions.
(b) Contents.--The reports required by subsection (a) shall contain the following:
(1) The name of any financial institution holding assets of the Government of Syria.
(2) The country with primary jurisdiction over each such financial institution.
(3) Whether the assets described in paragraph (1) have been frozen.
SEC. 1293. TERMINATION OF SANCTIONS.
The provisions of this subtitle and any sanctions imposed pursuant to this subtitle shall terminate on the date on which the President submits to the appropriate congressional committees--
(1) a certification that the Government of Syria--
(A) is no longer using weapons of any kind against the people of Syria;
(B) is not providing support for international terrorist groups;
(C) is not developing or deploying medium- and long-range surface-to-surface ballistic missiles; and
(D) is not pursuing or engaging in the research, development, acquisition, production, transfer, or deployment of biological, chemical, or nuclear weapons and has provided credible assurances that it will not pursue or engage in such behavior; or
(2) a certification that--
(A) a successor government of Syria has been democratically elected and is representative of the people of Syria; or
(B) a legitimate transitional government of Syria is in place.
______
SA 2081. Mrs. BOXER (for herself, Mr. Graham, Mrs. Shaheen, Mr. Blunt, Mrs. McCaskill, Mrs. Gillibrand, Mr. Baucus, Mr. Blumenthal, Mr. McCain, Mr. Tester, Mr. Kaine, Mr. Coons, Mr. Wyden, Mr. Portman, and Mr. Cardin) submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of part III of subtitle E of title V, add the following:
SEC. 566. PRELIMINARY HEARINGS ON ALLEGED OFFENSES UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) Preliminary Hearings.--
(1) In general.--Section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended to read as follows:
``Sec. 832. Art. 32. Preliminary hearing
``(a)(1) No charge or specification may be referred to a general court-martial for trial until a judge advocate conducts a preliminary hearing.
``(2) In exceptional circumstances, an officer other than a judge advocate may conduct a preliminary hearing if it is determined that detailing a judge advocate to conduct the preliminary hearing is not supportable.
``(3) Wherever supportable, the judge advocate or officer conducting a preliminary hearing shall have a grade equal to or higher than the grade of any military counsel who, at the time the judge advocate or officer is detailed, has been assigned to represent a party at the preliminary hearing.
``(4) The preliminary hearing shall be limited to the purpose of determining whether there is probable cause to believe an offense has been committed and whether the accused committed it.
``(5) After conducting the preliminary hearing, the judge advocate or officer conducting the preliminary hearing shall prepare a report that includes the following:
``(A) A determination as to court-martial jurisdiction over the offense and the accused.
``(B) A determination as to probable cause.
``(C) A consideration of the form of charges.
``(D) A recommendation as to the disposition which should be made of the case.
``(b)(1) The accused shall be advised of the charges against the accused and of the accused's right to be represented by counsel at the preliminary hearing. The accused has the right to be represented at the preliminary hearing as provided in section 838 of this title (article 38) and in regulations prescribed under that section.
``(2) At the preliminary hearing, the accused may cross-examine adverse witnesses if they are available. The accused may offer evidence and call witnesses relevant to the probable cause determination.
``(3) A victim may not be required to testify at the preliminary hearing. A victim who declines to testify shall be deemed to be not available for purposes of the preliminary hearing.
``(4) The presentation of evidence and examination of witnesses at a preliminary hearing shall be limited to the question of probable cause.
``(c) A preliminary hearing under this section shall be recorded by a suitable recording device, and a copy of the recording shall be provided to any party upon request. The victim shall have access to the recording, upon request, in accordance with regulations prescribed by the Secretary concerned for purposes of this section.
``(d) The requirements of this section are binding on all persons administering this chapter but failure to follow them does not constitute jurisdictional error.''.
(2) Clerical amendment.--The table of sections at the beginning of subchapter VI of chapter 47 of such title (the Uniform Code of Military Justice) is amended by striking the item relating to section 832 (article 32) and inserting the following new item:
``832. Art. 32. Preliminary hearing.''.
(b) Conforming Amendments.--
(1) Section 834(a)(2) of such title (article 34(a)(2) of the Uniform Code of Military Justice) is amended by striking
``the report of investigation'' and inserting ``the report of the preliminary hearing''.
(2) Section 838(b)(1) of such title (article 38(b)(1) of the Uniform Code of Military Justice) is amended by striking
``an investigation'' and inserting ``a preliminary hearing''.
(c) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act, and shall apply with respect to offenses under chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), that occur on or after such effective date.
______
SA 2082. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. PROHIBITIONS RELATING TO REFERENCES TO GI BILL AND
POST-9/11 GI BILL.
(a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section:
``Sec. 3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill
``(a) Prohibition.--(1) No person may, except with the written permission of the Secretary, use the words and phrases covered by this subsection in connection with any promotion, goods, services, or commercial activity in a manner that reasonably and falsely suggests that such use is approved, endorsed, or authorized by the Department or any component thereof.
``(2) For purposes of this subsection, the words and phrases covered by this subsection are as follows:
``(A) `GI Bill'.
``(B) `Post-9/11 GI Bill'.
``(3) A determination that a use of one or more words and phrases covered by this subsection in connection with a promotion, goods, services, or commercial activity is not a violation of this subsection may not be made solely on the ground that such promotion, goods, services, or commercial activity includes a disclaimer of affiliation with the Department or any component thereof.
``(b) Enforcement by Attorney General.--(1) When any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice.
``(2) Such court may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3697A the following new item:
``3697B. Prohibition relating to references to GI Bill and
Post-9/11 GI Bill.''.
______
SA 2083. Mrs. BOXER (for herself and Mr. Burr) submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. SAFE CHILD CARE ACT.
(a) Short Title.--This section may be cited as the ``Safe Child Care Act of 2013''.
(b) Background Checks.--Section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``subsection (b)(3)'' and inserting ``paragraph (3)''; and
(B) by redesignating paragraph (2) as paragraph (4);
(2) by moving paragraphs (2) and (3) of subsection (b) to subsection (a), and inserting them after paragraph (1) of that subsection;
(3) in subsection (a)(3), as redesignated by paragraph (2) of this subsection, by striking ``subsection (a)(1)'' and inserting ``paragraph (1)'';
(4) in subsection (b), by striking paragraph (1) and inserting the following:
``(1) A background check required by subsection (a) shall be initiated through the personnel programs of the applicable Federal agencies.
``(2) A background check for a child care staff member under subsection (a) shall include--
``(A) a search, including a fingerprint check, of the State criminal registry or repository in--
``(i) the State where the child care staff member resides; and
``(ii) each State where the child care staff member previously resided during the longer of--
``(I) the 10-year period ending on the date on which the background check is initiated; or
``(II) the period beginning on the date on which the child care staff member attained 18 years of age and ending on the date on which the background check is initiated;
``(B) a search of State-based child abuse and neglect registries and databases in--
``(i) the State where the child care staff member resides; and
``(ii) each State where the child care staff member previously resided during the longer of--
``(I) the 10-year period ending on the date on which the background check is initiated; or
``(II) the period beginning on the date on which the child care staff member attained 18 years of age and ending on the date on which the background check is initiated;
``(C) a search of the National Crime Information Center database;
``(D) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System;
``(E) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); and
``(F) a search of the State sex offender registry established under that Act in--
``(i) the State where the child care staff member resides; and
``(ii) each State where the child care staff member previously resided during the longer of--
``(I) the 10-year period ending on the date on which the background check is initiated; or
``(II) the period beginning on the date on which the child care staff member attained 18 years of age and ending on the date on which the background check is initiated.
``(3) A child care staff member shall be ineligible for employment by a child care provider if such individual--
``(A) refuses to consent to the background check described in subsection (a);
``(B) makes a false statement in connection with such background check;
``(C) is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006; or
``(D) has been convicted of a felony consisting of--
``(i) murder, as described in section 1111 of title 18, United States Code;
``(ii) child abuse or neglect;
``(iii) a crime against children, including child pornography;
``(iv) spousal abuse;
``(v) a crime involving rape or sexual assault;
``(vi) kidnapping;
``(vii) arson;
``(viii) physical assault or battery; or
``(ix) subject to paragraph (5)(D), a drug-related offense committed during the preceding 5 years.
``(4)(A) A child care provider covered by paragraph (3) shall submit a request, to the appropriate State agency designated by a State, for a background check described in subsection (a), for each child care staff member (including prospective child care staff members) of the provider.
``(B) In the case of an individual who is hired as a child care staff member before the date of enactment of the Safe Child Care Act of 2013, the provider shall submit such a request--
``(i) prior to the last day of the second full fiscal year after that date of enactment; and
``(ii) not less often than once during each 5-year period following the first submission date under this subparagraph for that staff member.
``(C) In the case of an individual who is a prospective child care staff member on or after that date of enactment, the provider shall submit such a request--
``(i) prior to the date the individual becomes a child care staff member of the provider; and
``(ii) not less often than once during each 5-year period following the first submission date under this subparagraph for that staff member.
``(5)(A) The State shall--
``(i) carry out the request of a child care provider for a background check described in subsection (a) as expeditiously as possible; and
``(ii) in accordance with subparagraph (B) of this paragraph, provide the results of the background check to--
``(I) the child care provider; and
``(II) the current or prospective child care staff member for whom the background check is conducted.
``(B)(i) The State shall provide the results of a background check to a child care provider as required under subparagraph (A)(ii)(I) in a statement that--
``(I) indicates whether the current or prospective child care staff member for whom the background check is conducted is eligible or ineligible for employment by a child care provider; and
``(II) does not reveal any disqualifying crime or other related information regarding the current or prospective child care staff member.
``(ii) If a current or prospective child care staff member is ineligible for employment by a child care provider due to a background check described in subsection (a), the State shall provide the results of the background check to the current or prospective child care staff member as required under subparagraph (A)(ii)(II) in a criminal background report that includes information relating to each disqualifying crime.
``(iii) A State--
``(I) may not publicly release or share the results of an individual background check described in subsection (a); and
``(II) may include the results of background checks described in subsection (a) in the development or dissemination of local or statewide data relating to background checks if the results are not individually identifiable.
``(C)(i) The State shall provide for a process by which a child care staff member (including a prospective child care staff member) may appeal the results of a background check required under subsection (a) to challenge the accuracy or completeness of the information contained in the criminal background report of the staff member.
``(ii) The State shall ensure that--
``(I) the appeals process is completed in a timely manner for each child care staff member;
``(II) each child care staff member is given notice of the opportunity to appeal; and
``(III) each child care staff member who wishes to challenge the accuracy or completeness of the information in the criminal background report of the child care staff member is given instructions about how to complete the appeals process.
``(D)(i) The State may allow for a review process through which the State may determine that a child care staff member
(including a prospective child care staff member) disqualified for a crime specified in paragraph (3)(D)(ix) is eligible for employment by a child care provider, notwithstanding paragraph (3).
``(ii) The review process under this subparagraph shall be consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).
``(E) Nothing in this section shall be construed to create a private right of action against a child care provider if the child care provider is in compliance with this section.
``(F) This section shall apply to each State that receives funding under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
``(6) Fees that the State may charge for the costs of conducting a background check as required by subsection (a) shall not exceed the actual costs to the State for the administration of such background checks.
``(7) Nothing in this subsection shall be construed to prevent a Federal agency from disqualifying an individual as a child care staff member based on a conviction of the individual for a crime not specifically listed in this subsection that bears upon the fitness of an individual to provide care for and have responsibility for the safety and well-being of children.
``(8) In this subsection--
``(A) the term `child care provider' means an agency of the Federal Government, or a unit of or contractor with the Federal Government that is operating a facility, described in subsection (a); and
``(B) the term `child care staff member' means an individual who is hired, or seeks to be hired, by a child care provider to be involved with the provision of child care services, as described in subsection (a).''; and
(5) by striking subsection (c) and inserting the following:
``(c) Suspension Pending Disposition of Criminal Case.--In the case of an incident in which an individual has been charged with an offense described in subsection (b)(3)(D) and the charge has not yet been disposed of, an employer may suspend an employee from having any contact with children while on the job until the case is resolved.''.
(c) Effective Date.--The amendments made by this section shall take effect on October 1 of the second full fiscal year after the date of enactment of this Act.
______
SA 2084. Mr. KAINE (for himself and Mr. Warner) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. PETERSBURG NATIONAL BATTLEFIELD BOUNDARY
MODIFICATION.
(a) In General.--The boundary of the Petersburg National Battlefield is modified to include the land and interests in land as generally depicted on the map titled ``Petersburg National Battlefield Boundary Expansion'', numbered 325/80,080, and dated June 2007. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(b) Acquisition of Properties.--The Secretary of the Interior (referred to in this section as the ``Secretary'') is authorized to acquire the land and interests in land, described in subsection (a), from willing sellers only, by donation, purchase with donated or appropriated funds, exchange, or transfer.
(c) Administration.--The Secretary shall administer any land or interests in land acquired under subsection (b) as part of the Petersburg National Battlefield in accordance with applicable laws and regulations.
(d) Administrative Jurisdiction Transfer.--
(1) In general.--There is transferred--
(A) from the Secretary to the Secretary of the Army administrative jurisdiction over the approximately 1.170-acre parcel of land depicted as ``Area to be transferred to Fort Lee Military Reservation'' on the map described in paragraph
(2); and
(B) from the Secretary of the Army to the Secretary administrative jurisdiction over the approximately 1.171-acre parcel of land depicted as ``Area to be transferred to Petersburg National Battlefield'' on the map described in paragraph (2).
(2) Map.--The land transferred is depicted on the map titled ``Petersburg National Battlefield Proposed Transfer of Administrative Jurisdiction'', numbered 325/80,801A, dated May 2011. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(3) Conditions of transfer.--The transfer of administrative jurisdiction under paragraph (1) is subject to the following conditions:
(A) No reimbursement or consideration.--The transfer is without reimbursement or consideration.
(B) Management.--The land conveyed to the Secretary under paragraph (1) shall be included within the boundary of the Petersburg National Battlefield and shall be administered as part of that park in accordance with applicable laws and regulations.
______
SA 2085. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. DEFINITION OF SPOUSE FOR PURPOSES OF VETERAN
BENEFITS TO REFLECT NEW STATE DEFINITIONS OF
SPOUSE.
Section 101 of title 38, United States Code, is amended--
(1) in paragraph (3), by striking ``of the opposite sex''; and
(2) by striking paragraph (31) and inserting the following new paragraph:
``(31) Notwithstanding section 7 of title 1, an individual shall be considered a `spouse' if the marriage of the individual is valid in the State in which the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State. In this paragraph, the term `State' has the meaning given that term in paragraph
(20), except that the term also includes the Commonwealth of the Northern Mariana Islands.''.
______
SA 2086. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the following:
SEC. 2833. LAND CONVEYANCE, PAUL A. DOBLE ARMY RESERVE
CENTER, PORTSMOUTH, NEW HAMPSHIRE.
(a) Conveyance Authorized.--The Secretary of the Army may convey, without consideration, to the City of Portsmouth, New Hampshire (in this section referred to as the ``City''), all right, title, and interest of the United States in and to the real property, including any improvements thereon, consisting of the Paul A. Doble Army Reserve Center for the purpose of permitting the City to use the property for public purposes.
(b) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Army shall require the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(c) Description of Property.--The exact acreage and legal description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary of the Army.
(d) Additional Terms.--The Secretary of the Army may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States.
______
SA 2087. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 344. ELIMINATION OF FUNDING FOR TECHNICAL SUPPORT FOR
2015 ROUND OF DEFENSE BASE CLOSURE AND
REALIGNMENT.
(a) Limitation.--No funds authorized to appropriated for fiscal year 2014 by section 301 for operation and maintenance, Defense-wide, may be obligated or expended for technical support to develop recommendations and manage a 2015 round of defense base closure and realignment.
(b) Funding Reduction.--The amount authorized to be appropriated by section 301 is hereby reduced by $8,000,000, with the amount of the reduction to be allocated to operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense as specified in the funding table in section 4301.
______
SA 2088. Mr. BURR (for himself, Mr. Rubio, and Mr. Coburn) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1035. STRATEGY TO DISRUPT AND DEGRADE HAQQANI NETWORK
ACTIVITIES, FINANCES, AND RESOURCES.
(a) Findings.--Congress makes the following findings:
(1) The Haqqani Network is the primary partner for the Taliban, al Qaeda, regional militants, and other global Islamic jihadists committing acts of violence, as well as political and economic oppression in Afghanistan and Pakistan.
(2) The Haqqani Network continues to be a strategic threat to the safety, security, and stability of both Afghanistan and Pakistan, as well as the broader region.
(3) The Haqqani Network is directly responsible for a significant number of United States casualties and injuries on the battlefield in Afghanistan.
(4) The Haqqani Network continues to actively plan potentially catastrophic attacks against United States interests and personnel in Afghanistan.
(5) Congress has repeatedly urged the Administration to implement a comprehensive approach to disrupt and degrade the Haqqani Network's operations and finances.
(6) On September 19, 2012, the Secretary of State formally designated the Haqqani Network a Foreign Terrorist Organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
(7) The Haqqani Network has not been pressured by a sustained and systemic campaign against its financial infrastructure.
(8) Without the implementation of a more robust strategy to disrupt and degrade the operations and finances of the Haqqani Network, the continued planned drawdown of United States and coalition forces will provide the Haqqani Network with additional opportunities to plot and execute attacks against the United States and western interests.
(b) Sense of Congress.--It is the sense of Congress that the Administration should more urgently prioritize and execute its full authority to disrupt and degrade the Haqqani Network and to deny the organization finances and resources it requires to carry out their activities.
(c) Strategy to Disrupt and Degrade Haqqani Network Activities, Finances, and Resources.--
(1) Strategy required.--The President shall establish a comprehensive strategy to disrupt and degrade Haqqani Network activities, finances, and resources.
(2) Coordination.--The strategy required by paragraph (1) shall be prepared by the Secretary of Defense in coordination with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the Director of National Intelligence, and any other department or agency of the United States Government involved in activities related to disrupting and degrading the Haqqani Network.
(3) Elements.--The strategy required by paragraph (1) shall--
(A) build upon the current activities of the Department of Defense, the Department of State, the Department of the Treasury, the Department of Justice, and the elements of the intelligence community to disrupt and degrade Haqqani Network activities, finances, and resources;
(B) provide assessments by the appropriate element of the intelligence community assessment--
(i) of the operations and aspirations of the Haqqani Network in Afghanistan and Pakistan, and its activities outside the region; and
(ii) of the relationships, networks, and vulnerabilities of the Haqqani Network, including with Pakistan's military, intelligence services, and government officials, including provincial and district officials;
(C) review the plans and intentions of the Haqqani Network for the upcoming Afghan Presidential elections and the continued drawdown of United States and coalition troops;
(D) review the current United States policies, operations, and funding to identify impediments to applying sustained and systemic pressure against the Haqqani Network's financial infrastructure;
(E) examine the role current United States and coalition contracting processes have in furthering the financial interests of the Haqqani Network, and how such strategy will mitigate the unintended consequences of such processes;
(F) provide an assessment of individuals in Afghanistan and neighboring countries who facilitate the manufacturing, procurement, and transport of materials and components used to build and detonate improvised explosive devices and how the strategy will disrupt these efforts;
(G) include an assessment of formal and informal business sectors penetrated by the Haqqani Network in Afghanistan, Pakistan, and other countries, particularly in the Persian Gulf region, and how the strategy will counter these activities;
(H) include an assessment of other United States interests in targeting financial institutions and business entities that knowingly facilitate, or participate in assisting, including by acting on behalf of, at the direction of, or as an intermediary for, or otherwise assisting formal and informal Haqqani Network financial activities;
(I) include an estimate of associated costs required to plan and execute the proposed activities to disrupt and degrade the Haqqani Network's operations and resources; and
(J) include a discussion of the metrics to measure the strategy's and activities' success to disrupt and degrade Haqqani Network activities, finances, and resources.
(4) Integration and coordination.--The strategy required by paragraph (1) shall include an assessment of gaps in current efforts to disrupt and degrade the Haqqani Network's operations, an articulation of agencies' financial disruption priorities, the establishment of appropriate metrics for determining and measuring success, and steps to ensure that the strategy fits in broader United States efforts to stabilize Afghanistan and prevent the region from being a safe haven for al Qaeda and its affiliates.
(5) Strategy and implementation plan.--The Secretary of Defense shall submit to the appropriate committees of Congress--
(A) not later than March 31, 2014, the strategy required by paragraph (1); and
(B) not later than 180 days after the submission of such strategy, a plan for the implementation of such strategy.
(6) Form.--The strategy required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
______
SA 2089. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title V, add the following:
SEC. 502. EXPANSION OF CATEGORIES OF REGULAR OFFICERS ON THE
ACTIVE-DUTY LIST WHO MAY BE CONSIDERED FOR
SELECTIVE EARLY RETIREMENT.
(a) Lieutenant Colonels and Commanders.--Subparagraph (A) of section 638a(b)(2) of title 10, United States Code, is amended by striking ``would be subject to'' and all the follows through ``two or more times)'' and inserting ``have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion''.
(b) Colonels and Navy Captains.--Subparagraph (B) of such section is amended by striking ``would be subject to'' and all that follows through ``not less than two years)'' and inserting ``have served on active duty in that grade for at least two years and whose names are not on a list of officers recommended for promotion''.
______
SA 2090. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title IV, add the following:
SEC. 402. INCREASE IN ANNUAL LIMITATION ON END STRENGTH
REDUCTIONS FOR REGULAR COMPONENTS OF THE ARMY
AND MARINE CORPS.
(a) Annual Reductions of Army End Strengths.--Subsection
(a) of section 403 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1708) is amended by striking ``15,000 members'' and inserting ``25,000 members''.
(b) Annual Reductions of Marine Corps End Strengths.--Subsection (b) of such section is amended by striking ``5,000 members'' and inserting ``7,500 members''.
______
SA 2091. Mr. REED (for himself and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. PILOT PROGRAM TO REHABILITATE AND MODIFY HOMES OF
DISABLED AND LOW-INCOME VETERANS.
(a) Definitions.--In this section:
(1) Disabled.--The term ``disabled'' means an individual with a disability, as defined by section 12102 of title 42, United States Code.
(2) Eligible veteran.--The term ``eligible veteran'' means a disabled or low-income veteran.
(3) Energy efficient features or equipment.--The term
``energy efficient features or equipment'' means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures.
(4) Low-income veteran.--The term ``low-income veteran'' means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary.
(5) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is--
(A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and
(B) exempt from tax under section 501(a) of such Code.
(6) Primary residence.--
(A) In general.--The term ``primary residence'' means a single family house, a duplex, or a unit within a multiple-dwelling structure that is the principal dwelling of an eligible veteran and is owned by such veteran or a family member of such veteran.
(B) Family member defined.--For purposes of this paragraph, the term ``family member'' includes--
(i) a spouse, child, grandchild, parent, or sibling;
(ii) a spouse of such a child, grandchild, parent, or sibling; or
(iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship.
(7) Qualified organization.--The term ``qualified organization'' means a nonprofit organization that provides nationwide or statewide programs that primarily serve veterans or low-income individuals.
(8) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.
(9) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 38, United States Code.
(10) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.
(b) Establishment of a Pilot Program.--
(1) Grant.--
(A) In general.--The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans.
(B) Coordination.--The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans.
(C) Maximum grant.--A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization.
(2) Application.--
(A) In general.--Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under subparagraph (B), accompanied by such information as the Secretary may reasonably require.
(B) Contents.--Each application submitted under subparagraph (A) shall include--
(i) a plan of action detailing outreach initiatives;
(ii) the approximate number of veterans the qualified organization intends to serve using grant funds;
(iii) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and
(iv) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans who are not eligible for programs under chapter 21 of title 38, United States Code, and meet their needs.
(C) Preferences.--In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization--
(i) with experience in providing housing rehabilitation and modification services for disabled veterans; or
(ii) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural areas (the Secretary, through regulations, shall define the term ``rural areas'').
(3) Criteria.--In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria:
(A) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low-income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals.
(B) Have established outreach initiatives that--
(i) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program;
(ii) ensure veterans who are disabled receive preference in selection for assistance under this program; and
(iii) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work.
(C) Have an established nationwide or statewide network of affiliates that are--
(i) nonprofit organizations; and
(ii) able to provide housing rehabilitation and modification services for eligible veterans.
(D) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities.
(4) Use of funds.--A grant award under the pilot program shall be used--
(A) to modify and rehabilitate the primary residence of an eligible veteran, and may include--
(i) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms
(which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to--
(I) accommodate the functional limitations that result from having a disability; or
(II) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling;
(ii) rehabilitating such residence that is in a state of interior or exterior disrepair; and
(iii) installing energy efficient features or equipment if--
(I) an eligible veteran's monthly utility costs for such residence is more than 5 percent of such veteran's monthly income; and
(II) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more;
(B) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program; and
(C) for other purposes as the Secretary may prescribe through regulations.
(5) Oversight.--The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans.
(6) Matching funds.--
(A) In general.--A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization.
(B) In-kind contributions.--In order to meet the requirement under subparagraph
(A), such organization may arrange for in-kind contributions.
(7) Limitation cost to the veterans.--A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month.
(8) Reports.--
(A) Annual report.--The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written--
(i) the number of eligible veterans provided assistance under the pilot program;
(ii) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity;
(iii) the total number, types, and locations of entities contracted under such program to administer the grant funding;
(iv) the amount of matching funds and in-kind contributions raised with each grant;
(v) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program;
(vi) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program;
(vii) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program;
(viii) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and
(ix) any other information that the Secretary considers relevant in assessing such program.
(B) Final report.--Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program.
(9) Authorization of appropriations.--There are authorized to be appropriated for carrying out this section $4,000,000 for each of fiscal years 2015 through 2019.
______
SA 2092. Mr. SCHATZ (for himself and Mr. Donnelly) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 722. COMPTROLLER GENERAL REPORT ON MENTAL HEALTH STIGMA
REDUCTION EFFORTS IN THE DEPARTMENT OF DEFENSE.
(a) In General.--The Comptroller General of the United States shall carry out a review of the policies, procedures, and programs of the Department of Defense to reduce the stigma associated with mental health treatment for members of the Armed Forces and deployed civilian employees of the Department of Defense.
(b) Elements.--The review required by subsection (a) shall address, at a minimum, the following:
(1) An assessment of the availability and access to mental health treatment services for members of the Armed Forces and deployed civilian employees of the Department of Defense.
(2) An assessment of the perception of the impact of the stigma of mental health treatment on the career advancement and retention of Armed Forces members and such deployed civilian employees.
(3) An assessment of the policies, procedures, and programs, including training and education, of each of the Armed Forces to reduce the stigma of mental health treatment for Armed Forces members and such deployed civilians employees at each unit level of the organized forces.
(c) Report.--Not later than March 1, 2015, the Comptroller General shall submit to the congressional defense committees a report on the review required by subsection (a).
______
SA 2093. Mr. THUNE submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title I, add the following:
SEC. 135. SENSE OF SENATE ON PROCUREMENT OF THE LONG RANGE
STRIKE BOMBER AIRCRAFT.
It is the sense of the Senate that--
(1) advancements in air-to-air and surface-to-air weapons systems by foreign powers will require increasingly sophisticated long range strike capabilities;
(2) upgrading the existing United States bomber aircraft fleet of B-1B, B-2, and B-52 bomber aircraft must remain a high budget priority in order to maintain their combat effectiveness; and
(3) the Air Force should continue to prioritize development and acquisition of the Long Range Strike Bomber program.
______
SA 2094. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 2832.
______
SA 2095. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1003. SENSE OF THE SENATE REGARDING REPORTING ON THE
LONG-TERM BUDGETARY EFFECTS OF SEQUESTRATION.
(a) Findings.--Congress finds that--
(1) the reductions in discretionary appropriations and direct spending accounts under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) (in this section referred to as ``sequestration'') were never intended to take effect;
(2) the readiness of the Nation's military is weakened by sequestration;
(3) sequestration has budgetary and cost impacts beyond the programmatic level; and
(4) there is limited information about these indirect costs to the Federal Government.
(b) Sense of the Senate.--It is the sense of the Senate that the Government Accountability Office and the Office of Management and Budget should establish a task force to report on the long-term budgetary costs and effects of sequestration, including on procurement activities and contracts with the Federal Government.
______
SA 2096. Mr. MARKEY (for himself and Mr. Wyden) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title I, add the following:
SEC. 126. UPDATE OF COST ESTIMATES FOR SSBN(X) SUBMARINE
PROGRAM ALTERNATIVES.
(a) Report on Update Required.--
(1) In general.--Not later than March 31, 2014, the Secretary of the Navy shall submit to the congressional defense committees a report setting forth an update of the cost estimates prepared under subsection (a)(1) section 242 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1343) for each option considered under subsection (b) of that section for purposes of the report under that section on the Ohio-class replacement ballistic missile submarine.
(2) Form.--Each updated cost estimate in the report under paragraph (1) shall be submitted in an unclassified form that may be made available to the public.
(b) Comptroller General Report.--Not later than 90 days after the date of the submittal under subsection (a) of the report required by that subsection, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth an assessment by the Comptroller General of the accuracy of the updated cost estimates in the report under subsection (a).
______
SA 2097. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1237. MONITORING AND COMBATTING OF TRAFFICKING IN
PERSONS.
(a) Redesignation of Office.--
(1) In general.--Section 105(e) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(e)) is amended--
(A) in the subsection heading, by striking ``Office to Monitor and Combat Trafficking'' and inserting ``Bureau to Monitor and Combat Trafficking in Persons'';
(B) in paragraph (1)--
(i) in the first sentence, by striking ``Office to Monitor and Combat Trafficking'' and inserting ``Bureau to Monitor and Combat Trafficking in Persons'';
(ii) in the second sentence, by striking ``Office'' and inserting ``Bureau''; and
(iii) in the sixth sentence, by striking ``Office'' and inserting ``Bureau''; and
(C) in paragraph (2)(A), by striking ``Office to Monitor and Combat Trafficking'' and inserting ``Bureau to Monitor and Combat Trafficking in Persons''.
(2) Conforming amendments.--(A) Section 112A(b)(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a(b)(3)) is amended by striking ``Office to Monitor and Combat Trafficking'' and inserting ``Bureau to Monitor and Combat Trafficking in Persons''.
(B) Section 113(a) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(a)) is amended by striking
``Office to Monitor and Combat Trafficking'' and inserting
``Bureau to Monitor and Combat Trafficking in Persons''.
(C) Section 105 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7112) is amended--
(i) by striking ``Office to Monitor and Combat Trafficking'' both places it appears and inserting ``Bureau to Monitor and Combat Trafficking in Persons''; and
(ii) in subsection (a)(2), by striking ``focus of the Office'' and inserting ``focus of the Bureau''.
(D) Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended by striking ``Office to Monitor and Combat Trafficking'' and inserting ``Bureau to Monitor and Combat Trafficking in Persons''.
(b) Assistant Secretary of the Bureau to Monitor and Combat Trafficking in Persons.--
(1) In general.--Section 105(e) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(e)), as amended by subsection (a)(1), is further amended--
(A) in paragraph (1)--
(i) by striking ``Director'' each place it appears and inserting ``Assistant Secretary''; and
(ii) by striking ``, with the rank of Ambassador-at-Large''; and
(B) in paragraph (2), by striking ``Director'' both places it appears and inserting ``Assistant Secretary''.
(2) Conforming amendments.--(A) Section 112A(b)(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a(b)(3)), as amended by subsection (a)(2)(A), is further amended by striking ``Director'' and inserting ``Assistant Secretary''.
(B) Section 105(a)(2) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7112(a)(2)), as amended by subsection
(a)(2)(C), is further amended by striking ``Director'' and inserting ``Assistant Secretary''.
(C) Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 4028(a)), as amended by subsection (a)(2)(D), is further amended by striking ``Director'' and inserting
``Assistant Secretary''.
(3) Increase in authorized assistant secretary positions.--
(A) Section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended by striking
``not more than 24 Assistant Secretaries'' and inserting
``not more than 25 Assistant Secretaries''.
(B) Section 5315 of title 5, United States Code, is amended by striking ``Assistant Secretaries of State (24)'' and inserting ``Assistant Secretaries of State (25)''.
(c) References.--
(1) Office to monitor and combat trafficking.--Any reference to the Office to Monitor and Combat Trafficking in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Bureau to Monitor and Combat Trafficking in Persons.
(2) Assistant secretary of the bureau to monitor and combat trafficking in persons.--Any reference to the Director of the Office to Monitor and Combat Trafficking in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Assistant Secretary of the Bureau to Monitor and Combat Trafficking in Persons.
______
SA 2098. Mr. FLAKE (for himself, Mr. McCain, and Mr. Alexander) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. REFUND OF FUNDS USED BY STATES TO OPERATE NATIONAL
PARKS DURING SHUTDOWN.
(a) In General.--The Director of the National Park Service shall refund to each State all funds of the State that were used to reopen and temporarily operate a unit of the National Park System during the period in October 2013 in which there was a lapse in appropriations for the unit.
(b) Funding.--Funds of the National Park Service that are not obligated as of the date of enactment of this Act shall be used to carry out this section.
______
SA 2099. Mrs. GILLIBRAND (for herself, Mrs. Boxer, Ms. Collins, Mr. Grassley, Mr. Blumenthal, Mr. Paul, Mrs. Shaheen, Mr. Kirk, Mr. Schumer, Mr. Johanns, Ms. Hirono, Mr. Begich, Mr. Coons, Mr. Markey, Mr. Johnson of South Dakota, Ms. Baldwin, Ms. Warren, Mr. Udall of New Mexico, Mr. Schatz, Mr. Heinrich, Mr. Cardin, Mr. Cruz, Mr. Wyden, Mr. Donnelly, Ms. Murkowski, Mr. Casey, Mr. Booker, and Mr. Franken) submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 552 and insert the following:
SEC. 552. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED
TO TRIAL BY COURT-MARTIAL ON CHARGES ON CERTAIN
OFFENSES WITH AUTHORIZED MAXIMUM SENTENCE OF
CONFINEMENT OF MORE THAN ONE YEAR.
(a) Modification of Authority.--
(1) In general.--
(A) Military departments.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in paragraph (2) and not excluded under paragraph (3), the Secretary of Defense shall require the Secretaries of the military departments to provide for the determination under section 830(b) of such chapter (article 30(b) of the Uniform Code of Military Justice) on whether to try such charges by court-martial as provided in paragraph (4).
(B) Homeland security.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in paragraph (2) and not excluded under paragraph (3) against a member of the Coast Guard (when it is not operating as a service in the Navy), the Secretary of Homeland Security shall provide for the determination under section 830(b) of such chapter (article 30(b) of the Uniform Code of Military Justice) on whether to try such charges by court-martial as provided in paragraph (4).
(2) Covered offenses.--An offense specified in this paragraph is an offense as follows:
(A) An offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that is triable by court-martial under that chapter for which the maximum punishment authorized under that chapter includes confinement for more than one year.
(B) A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice).
(C) A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice).
(D) An attempt to commit an offense specified in subparagraph (A) through (C) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).
(3) Excluded offenses.--Paragraph (1) does not apply to an offense as follows:
(A) An offense under sections 883 through 917 of title 10, United States Code (articles 83 through 117 of the Uniform Code of Military Justice).
(B) An offense under section 933 or 934 of title 10, United States Code (articles 133 and 134 of the Uniform Code of Military Justice).
(C) A conspiracy to commit an offense specified in subparagraph (A) or (B) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice).
(D) A solicitation to commit an offense specified in subparagraph (A) or (B) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice).
(E) An attempt to commit an offense specified in subparagraph (A) through (D) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).
(4) Requirements and limitations.--The disposition of charges pursuant to paragraph (1) shall be subject to the following:
(A) The determination whether to try such charges by court-martial shall be made by a commissioned officer of the Armed Forces designated in accordance with regulations prescribed for purposes of this subsection from among commissioned officers of the Armed Forces in grade O-6 or higher who--
(i) are available for detail as trial counsel under section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice);
(ii) have significant experience in trials by general or special court-martial; and
(iii) are outside the chain of command of the member subject to such charges.
(B) Upon a determination under subparagraph (A) to try such charges by court-martial, the officer making that determination shall determine whether to try such charges by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice).
(C) A determination under subparagraph (A) to try charges by court-martial shall include a determination to try all known offenses, including lesser included offenses.
(D) The determination to try such charges by court-martial under subparagraph (A), and by type of court-martial under subparagraph (B), shall be binding on any applicable convening authority for a trial by court-martial on such charges.
(E) The actions of an officer described in subparagraph (A) in determining under that subparagraph whether or not to try charges by court-martial shall be free of unlawful or unauthorized influence or coercion.
(F) The determination under subparagraph (A) not to proceed to trial of such charges by general or special court-martial shall not operate to terminate or otherwise alter the authority of commanding officers to refer such charges for trial by summary court-martial convened under section 824 of title 10, United States Code (article 24 of the Uniform Code of Military Justice), or to impose non-judicial punishment in connection with the conduct covered by such charges as authorized by section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice).
(5) Construction with charges on other offenses.--Nothing in this subsection shall be construed to alter or affect the disposition of charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense triable by court-martial under that chapter for which the maximum punishment authorized under that chapter includes confinement for one year or less.
(6) Policies and procedures.--
(A) In general.--The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall revise policies and procedures as necessary to comply with this subsection.
(B) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this paragraph in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised.
(7) Manual for courts-martial.--The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this subsection.
(b) Effective Date and Applicability.--Subsection (a), and the revisions required by that subsection, shall take effect on the date that is 180 days after the date of the enactment of this Act, and shall apply with respect to charges preferred under section 830 of title 10, United States Code
(article 30 of the Uniform Code of Military Justice), on or after such effective date.
SEC. 552A. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE
GENERAL AND SPECIAL COURTS-MARTIAL.
(a) In General.--Subsection (a) of section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new paragraph (8):
``(8) the officers in the offices established pursuant to section 552A(c) of the National Defense Authorization Act for Fiscal Year 2014 or officers in the grade of O-6 or higher who are assigned such responsibility by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, or the Commandant of the Coast Guard, but only with respect to offenses to which section 552(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 applies;''.
(b) No Exercise by Officers in Chain of Command of Accused or Victim.--Such section (article) is further amended by adding at the end the following new subsection:
``(c) An officer specified in subsection (a)(8) may not convene a court-martial under this section if the person is in the chain of command of the accused or the victim.''.
(c) Offices of Chiefs of Staff on Courts-martial.--
(1) Offices required.--Each Chief of Staff of the Armed Forces or Commandant specified in paragraph (8) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as amended by subsection
(a), shall establish an office to do the following:
(A) To convene general and special courts-martial under sections 822 and 823 of title 10, United States Code
(articles 22 and 23 of the Uniform Code of Military Justice), pursuant to paragraph (8) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as so amended, with respect to offenses to which section 552(a)(1) applies.
(B) To detail under section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A).
(2) Personnel.--The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense, or such members of the Coast Guard or civilian personnel of the Department of Homeland Security, as may be detailed or assigned to the office by the Chief of Staff or Commandant concerned. The members and personnel so detailed or assigned, as the case may be, shall be detailed or assigned from personnel billets in existence on the date of the enactment of this Act.
SEC. 552B. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND
RESOURCES.
(a) In General.--The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall carry out sections 552 and 552A
(and the amendments made by section 552A) using personnel, funds, and resources otherwise authorized by law.
(b) No Authorization of Additional Personnel or Resources.--Sections 552 and 552A (and the amendments made by section 552A) shall not be construed as authorizations for personnel, personnel billets, or funds for the discharge of the requirements in such sections.
SEC. 552C. MONITORING AND ASSESSMENT OF MODIFICATION OF
AUTHORITIES ON COURTS-MARTIAL BY INDEPENDENT
PANEL ON REVIEW AND ASSESSMENT OF PROCEEDINGS
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
Paragraph (2) of section 576(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762), as amended by section 546 of this Act, is further amended--
(1) by redesignating subparagraph (M) as subparagraph (N); and
(2) by inserting after subparagraph (L) the following new subparagraph (M):
``(J) Monitor and assess the implementation and efficacy of sections 552 through 552C of the National Defense Authorization Act for Fiscal Year 2014, and the amendments made by such sections.''.
______
SA 2100. Mr. WYDEN (for himself and Mr. Heinrich) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XXVIII, add the following:
Subtitle F--Military Land Withdrawals
SEC. 2851. SHORT TITLE.
This subtitle may be cited as the ``Military Land Withdrawals Act of 2013''.
SEC. 2852. DEFINITIONS.
In this subtitle:
(1) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(2) Manage; management.--
(A) Inclusions.--The terms ``manage'' and ``management'' include the authority to exercise jurisdiction, custody, and control over the land withdrawn and reserved by title LI.
(B) Exclusions.--The terms ``manage'' and ``management'' do not include authority for disposal of the land withdrawn and reserved by title LI.
(3) Secretary concerned.--The term ``Secretary concerned'' has the meaning given the term in section 101(a) of title 10, United States Code.
PART 1--GENERAL PROVISIONS
SEC. 2861. GENERAL APPLICABILITY; DEFINITIONS.
(a) Applicability of Part.--The provisions of this part apply to any withdrawal made by this subtitle.
(b) Rules of Construction.--Nothing in this part assigns management of real property under the administrative jurisdiction of the Secretary concerned to the Secretary of the Interior.
SEC. 2862. MAPS AND LEGAL DESCRIPTIONS.
(a) Preparation of Maps and Legal Descriptions.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall--
(1) publish in the Federal Register a notice containing the legal description of the land withdrawn and reserved by part 2; and
(2) file maps and legal descriptions of the land withdrawn and reserved by part 2 with--
(A) the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives.
(b) Legal Effect.--The maps and legal descriptions filed under subsection (a)(2) shall have the same force and effect as if the maps and legal descriptions were included in this subtitle, except that the Secretary of the Interior may correct any clerical and typographical errors in the maps and legal descriptions.
(c) Availability.--Copies of the maps and legal descriptions filed under subsection (a)(2) shall be available for public inspection--
(1) in the appropriate offices of the Bureau of Land Management;
(2) in the office of the commanding officer of the military installation for which the land is withdrawn; and
(3) if the military installation is under the management of the National Guard, in the office of the Adjutant General of the State in which the military installation is located.
(d) Costs.--The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this section.
SEC. 2863. ACCESS RESTRICTIONS.
(a) In General.--If the Secretary concerned determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of land withdrawn and reserved by this subtitle, the Secretary may take such action as the Secretary determines to be necessary to implement and maintain the closure.
(b) Limitation.--Any closure under subsection (a) shall be limited to the minimum area and duration that the Secretary concerned determines are required for the purposes of the closure.
(c) Consultation Required.--
(1) In general.--Subject to paragraph (3), before a closure is implemented under this section, the Secretary concerned shall consult with the Secretary of the Interior.
(2) Indian tribe.--Subject to paragraph (3), if a closure proposed under this section may affect access to or use of sacred sites or resources considered to be important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable date, with the affected Indian tribe.
(3) Limitation.--No consultation shall be required under paragraph (1) or (2)--
(A) if the closure is provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a land use management plan; or
(B) in the case of an emergency, as determined by the Secretary concerned.
(d) Notice.--Immediately preceding and during any closure implemented under subsection (a), the Secretary concerned shall post appropriate warning notices and take other appropriate actions to notify the public of the closure.
SEC. 2864. CHANGES IN USE.
(a) Other Uses Authorized.--In addition to the purposes described in part 2, the Secretary concerned may authorize the use of land withdrawn and reserved by this subtitle for defense-related purposes.
(b) Notice to Secretary of the Interior.--
(1) In general.--The Secretary concerned shall promptly notify the Secretary of the Interior if the land withdrawn and reserved by this subtitle is used for additional defense-related purposes.
(2) Requirements.--A notification under paragraph (1) shall specify--
(A) each additional use;
(B) the planned duration of each additional use; and
(C) the extent to which each additional use would require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted nondefense-related uses of the withdrawn and reserved land or portions of withdrawn and reserved land.
SEC. 2865. AUTHORIZATIONS FOR NONDEFENSE-RELATED USES.
(a) Authorizations by the Secretary of the Interior.--Subject to the applicable withdrawals under part 2, with the consent of the Secretary concerned, the Secretary of the Interior may authorize the use, occupancy, or development of the land withdrawn and reserved by this subtitle.
(b) Authorizations by the Secretary Concerned.--The Secretary concerned may authorize the use, occupancy, or development of the land withdrawn and reserved by this subtitle--
(1) for a defense-related purpose; or
(2) subject to the consent of the Secretary of the Interior, for a non-defense-related purpose.
(c) Form of Authorization.--An authorization under this section may be provided by lease, easement, right-of-way, permit, license, or other instrument authorized by law.
(d) Prevention of Drainage of Oil or Gas Resources.--
(1) In general.--For the purpose of preventing drainage of oil or gas resources, the Secretary of the Interior may lease land otherwise withdrawn from operation of the mineral leasing laws and reserved for defense-related purposes under this subtitle, under such terms and conditions as the Secretary determines to be appropriate.
(2) Consent required.--No surface occupancy may be approved by the Secretary of the Interior under this subtitle without the consent of the Secretary concerned.
(3) Communitization.--The Secretary of the Interior may unitize or consent to communitization of land leased under paragraph (1).
(4) Regulations.--The Secretary of the Interior may promulgate regulations to implement this subsection.
SEC. 2866. BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION.
(a) Required Activities.--The Secretary concerned shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the land withdrawn and reserved by this subtitle, including fires that occur on other land that spread from the withdrawn and reserved land.
(b) Cooperation of Secretary of the Interior.--
(1) In general.--At the request of the Secretary concerned, the Secretary of the Interior shall--
(A) provide assistance in the suppression of fires under subsection (a); and
(B) be reimbursed by the Secretary concerned for the costs of the Secretary of the Interior in providing the assistance.
(2) Transfer of funds.--Notwithstanding section 2215 of title 10, United States Code, the Secretary concerned may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior in providing assistance under this subsection.
SEC. 2867. ONGOING DECONTAMINATION.
(a) In General.--During the period of a withdrawal and reservation of land under this subtitle, the Secretary concerned shall maintain a program of decontamination of contamination caused by defense-related uses on the withdrawn land--
(1) to the extent funds are available to carry out this subsection; and
(2) consistent with applicable Federal and State law.
(b) Annual Report.--The Secretary of Defense shall include in the annual report required by section 2711 of title 10, United States Code, a description of decontamination activities conducted under subsection (a).
SEC. 2868. WATER RIGHTS.
(a) No Reservation of Water Rights.--Nothing in this subtitle--
(1) establishes a reservation of the United States with respect to any water or water right on the land withdrawn and reserved by this subtitle; or
(2) authorizes the appropriation of water on the land withdrawn and reserved by this subtitle, except in accordance with applicable State law.
(b) Effect on Previously Acquired or Reserved Water Rights.--
(1) In general.--Nothing in this section affects any water rights acquired or reserved by the United States before the date of enactment of this Act.
(2) Authority of secretary concerned.--The Secretary concerned may exercise any water rights described in paragraph (1).
SEC. 2869. HUNTING, FISHING, AND TRAPPING.
Section 2671 of title 10, United States Code, shall apply to all hunting, fishing, and trapping on the land--
(1) that is withdrawn and reserved by this subtitle; and
(2) for which management of the land has been assigned to the Secretary concerned.
SEC. 2870. LIMITATION ON EXTENSIONS AND RENEWALS.
The withdrawals and reservations established under this subtitle may not be extended or renewed except by a law enacted after the date of enactment of this Act.
SEC. 2871. APPLICATION FOR RENEWAL OF A WITHDRAWAL AND
RESERVATION.
To the extent practicable, not later than 5 years before the date of termination of a withdrawal and reservation established by this subtitle, the Secretary concerned shall--
(1) notify the Secretary of the Interior as to whether the Secretary concerned will have a continuing defense-related need for any of the land withdrawn and reserved by this subtitle after the termination date of the withdrawal and reservation; and
(2) transmit a copy of the notice submitted under paragraph
(1) to--
(A) the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives.
SEC. 2872. LIMITATION ON SUBSEQUENT AVAILABILITY OF LAND FOR
APPROPRIATION.
On the termination of a withdrawal and reservation by this subtitle, the previously withdrawn land shall not be open to any form of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, unless the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date on which the land shall be--
(1) restored to the public domain; and
(2) opened for appropriation under the public land laws.
SEC. 2873. RELINQUISHMENT.
(a) Notice of Intention To Relinquish.--If, during the period of withdrawal and reservation under this subtitle, the Secretary concerned decides to relinquish any or all of the land withdrawn and reserved by this subtitle, the Secretary concerned shall submit to the Secretary of the Interior notice of the intention to relinquish the land.
(b) Determination of Contamination.--The Secretary concerned shall include in the notice submitted under subsection (a) a written determination concerning whether and to what extent the land that is to be relinquished is contaminated with explosive materials or toxic or hazardous substances.
(c) Public Notice.--The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish the land under this section, including the determination concerning the contaminated state of the land.
(d) Decontamination of Land To Be Relinquished.--
(1) Decontamination required.--The Secretary concerned shall decontaminate land subject to a notice of intention under subsection (a) to the extent that funds are appropriated for that purpose, if--
(A) the land subject to the notice of intention is contaminated, as determined by the Secretary concerned; and
(B) the Secretary of the Interior, in consultation with the Secretary concerned, determines that--
(i) decontamination is practicable and economically feasible, after taking into consideration the potential future use and value of the contaminated land; and
(ii) on decontamination of the land, the land could be opened to operation of some or all of the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws.
(2) Alternatives to relinquishment.--The Secretary of the Interior shall not be required to accept the land proposed for relinquishment under subsection (a), if--
(A) the Secretary of the Interior, after consultation with the Secretary concerned, determines that--
(i) decontamination of the land is not practicable or economically feasible; or
(ii) the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws; or
(B) sufficient funds are not appropriated for the decontamination of the land.
(3) Status of contaminated land on termination.--If, because of the contaminated state of the land, the Secretary of the Interior declines to accept land withdrawn and reserved by this subtitle that has been proposed for relinquishment, or if at the expiration of the withdrawal and reservation made by this subtitle, the Secretary of the Interior determines that a portion of the land withdrawn and reserved by this subtitle is contaminated to an extent that prevents opening the contaminated land to operation of the public land laws--
(A) the Secretary concerned shall take appropriate steps to warn the public of--
(i) the contaminated state of the land; and
(ii) any risks associated with entry onto the land;
(B) after the expiration of the withdrawal and reservation under this subtitle, the Secretary concerned shall undertake no activities on the contaminated land, except for activities relating to the decontamination of the land; and
(C) the Secretary concerned shall submit to the Secretary of the Interior and Congress a report describing--
(i) the status of the land; and
(ii) any actions taken under this paragraph.
(e) Revocation Authority.--
(1) In general.--If the Secretary of the Interior determines that it is in the public interest to accept the land proposed for relinquishment under subsection (a), the Secretary of the Interior may order the revocation of a withdrawal and reservation established by this subtitle.
(2) Revocation order.--To carry out a revocation under paragraph (1), the Secretary of the Interior shall publish in the Federal Register a revocation order that--
(A) terminates the withdrawal and reservation;
(B) constitutes official acceptance of the land by the Secretary of the Interior; and
(C) specifies the date on which the land will be opened to the operation of some or all of the public land laws, including the mining laws.
(f) Acceptance by Secretary of the Interior.--
(1) In general.--Nothing in this section requires the Secretary of the Interior to accept the land proposed for relinquishment if the Secretary determines that the land is not suitable for return to the public domain.
(2) Notice.--If the Secretary makes a determination that the land is not suitable for return to the public domain, the Secretary shall provide notice of the determination to Congress.
SEC. 2874. LAND WITHDRAWALS; IMMUNITY OF THE UNITED STATES.
The United States and officers and employees of the United States shall be held harmless and shall not be liable for any injuries or damages to persons or property incurred as a result of any mining or mineral or geothermal leasing activity or other authorized nondefense-related activity conducted on land withdrawn and reserved by this subtitle.
PART 2--MILITARY LAND WITHDRAWALS
SEC. 2881. CHINA LAKE, CALIFORNIA.
(a) Withdrawal and Reservation.--
(1) Withdrawal.--Subject to valid existing rights and except as otherwise provided in this section, the public land
(including the interests in land) described in paragraph (2), and all other areas within the boundary of the land depicted on the map described in that paragraph that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws (including the mining laws and the mineral leasing laws).
(2) Description of land.--The public land (including interests in land) referred to in paragraph (1) is the Federal land located within the boundaries of the Naval Air Weapons Station China Lake, comprising approximately 1,045,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on the maps entitled
``Naval Air Weapons Station China Lake Withdrawal--Renewal'',
``North Range'', and ``South Range'', dated March 18, 2013, and filed in accordance with section 2862.
(3) Reservation.--The land withdrawn by paragraph (1) is reserved for use by the Secretary of the Navy for the following purposes:
(A) Use as a research, development, test, and evaluation laboratory.
(B) Use as a range for air warfare weapons and weapon systems.
(C) Use as a high-hazard testing and training area for aerial gunnery, rocketry, electronic warfare and countermeasures, tactical maneuvering and air support, and directed energy and unmanned aerial systems.
(D) Geothermal leasing, development, and related power production activities.
(E) Other defense-related purposes consistent with the purposes described in subparagraphs (A) through (D) and authorized under section 2864.
(b) Management of Withdrawn and Reserved Land.--
(1) Management by the secretary of the interior.--
(A) In general.--Except as provided in paragraph (2), during the period of the withdrawal and reservation of land by this section, the Secretary of the Interior shall manage the land withdrawn and reserved by this section in accordance with--
(i) this subtitle;
(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) any other applicable law.
(B) Authorized activities.--To the extent consistent with applicable law and Executive orders, the land withdrawn by this section may be managed in a manner that permits the following activities:
(i) Grazing.
(ii) Protection of wildlife and wildlife habitat.
(iii) Preservation of cultural properties.
(iv) Control of predatory and other animals.
(v) Recreation and education.
(vi) Prevention and appropriate suppression of brush and range fires resulting from non-military activities.
(vii) Geothermal leasing and development and related power production activities.
(C) Nondefense uses.--All nondefense-related uses of the land withdrawn by this section (including the uses described in subparagraph (B)), shall be subject to any conditions and restrictions that the Secretary of the Interior and the Secretary of the Navy jointly determine to be necessary to permit the defense-related use of the land for the purposes described in this section.
(D) Issuance of leases.--
(i) In general.--The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity that involves geothermal resources on--
(I) the land withdrawn and reserved by this section; and
(II) any other land not under the administrative jurisdiction of the Secretary of the Navy.
(ii) Consent required.--Any authorization issued under clause (i) shall--
(I) only be issued with the consent of the Secretary of the Navy; and
(II) be subject to such conditions as the Secretary of the Navy may require with respect to the land withdrawn and reserved by this section.
(2) Assignment to the secretary of the navy.--
(A) In general.--The Secretary of the Interior may assign the management responsibility, in whole or in part, for the land withdrawn and reserved by this section to the Secretary of the Navy.
(B) Applicable law.--On assignment of the management responsibility under subparagraph (A), the Secretary of the Navy shall manage the land in accordance with--
(i) this subtitle;
(ii) title I of the Sikes Act (16 U.S.C. 670a et seq.);
(iii) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
(iv) cooperative management arrangements entered into by the Secretary of the Interior and the Secretary of the Navy; and
(v) any other applicable law.
(3) Geothermal resources.--
(A) In general.--Nothing in this section or section 2865 affects--
(i) geothermal leases issued by the Secretary of the Interior before the date of enactment of this Act; or
(ii) the responsibility of the Secretary of the Interior to administer and manage the leases described in clause (i), consistent with the provisions of this section.
(B) Authority of the secretary of the interior.--Nothing in this section or any other provision of law prohibits the Secretary of the Interior from issuing, subject to the concurrence of the Secretary of the Navy, and administering any lease under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and any other applicable law for the development and use of geothermal steam and associated geothermal resources on the land withdrawn and reserved by this section.
(C) Applicable law.--Nothing in this section affects the geothermal exploration and development authority of the Secretary of the Navy under section 2917 of title 10, United States Code, with respect to the land withdrawn and reserved by this section, except that the Secretary of the Navy shall be required to obtain the concurrence of the Secretary of the Interior before taking action under section 2917 of title 10, United States Code.
(D) Navy contracts.--On the expiration of the withdrawal and reservation of land under this section or the relinquishment of the land, any Navy contract for the development of geothermal resources at Naval Air Weapons Station, China Lake, in effect on the date of the expiration or relinquishment shall remain in effect, except that the Secretary of the Interior, with the consent of the Secretary of the Navy, may offer to substitute a standard geothermal lease for the contract.
(E) Concurrence of secretary of the navy required.--Any lease issued under section 2865(d) with respect to land withdrawn and reserved by this section shall require the concurrence of the Secretary of the Navy, if--
(i) the Secretary of the Interior anticipates the surface occupancy of the withdrawn land; or
(ii) the Secretary of the Interior determines that the proposed lease may interfere with geothermal resources on the land.
(4) Wild horses and burros.--
(A) In general.--The Secretary of the Navy--
(i) shall be responsible for the management of wild horses and burros located on the land withdrawn and reserved by this section; and
(ii) may use helicopters and motorized vehicles for the management of the wild horses and burros.
(B) Requirements.--The activities authorized under subparagraph (A) shall be conducted in accordance with laws applicable to the management of wild horses and burros on public land.
(C) Agreement.--The Secretary of the Interior and the Secretary of the Navy shall enter into an agreement for the implementation of the management of wild horses and burros under this paragraph.
(5) Continuation of existing agreement.--The agreement between the Secretary of the Interior and the Secretary of the Navy entered into before the date of enactment of this Act under section 805 of the California Military Lands Withdrawal and Overflights Act of 1994 (Public Law 103-433; 108 Stat. 4503) shall continue in effect until the earlier of--
(A) the date on which the Secretary of the Interior and the Secretary of the Navy enter into a new agreement; or
(B) the date that is 1 year after the date of enactment of this Act.
(6) Cooperation in development of management plan.--
(A) In general.--The Secretary of the Navy and the Secretary of the Interior shall update and maintain cooperative arrangements concerning land resources and land uses on the land withdrawn and reserved by this section.
(B) Requirements.--A cooperative arrangement entered into under subparagraph (A) shall--
(i) focus on and apply to sustainable management and protection of the natural and cultural resources and environmental values found on the withdrawn and reserved land, consistent with the defense-related purposes for which the land is withdrawn and reserved; and
(ii) include a comprehensive land use management plan that--
(I) integrates and is consistent with any applicable law, including--
(aa) title I of the Sikes Act (16 U.S.C. 670a et seq.); and
(bb) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(II) shall be--
(aa) annually reviewed by the Secretary of the Navy and the Secretary of the Interior; and
(bb) updated, as the Secretary of the Navy and the Secretary of the Interior determine to be necessary--
(AA) to respond to evolving management requirements; and
(BB) to complement the updates of other applicable land use and resource management and planning.
(7) Implementing agreement.--
(A) In general.--The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the comprehensive land use management plan developed under paragraph (6)(B)(ii).
(B) Components.--An agreement entered into under subparagraph (A)--
(i) shall be for a duration that is equal to the period of the withdrawal and reservation of land under this section; and
(ii) may be amended from time to time.
(c) Termination of Prior Withdrawals.--
(1) In general.--Subject to paragraph (2), the withdrawal and reservation under section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 (Public Law 103-433; 108 Stat. 4502) is terminated.
(2) Limitation.--Notwithstanding the termination under paragraph (1), all rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Interior or the Secretary of the Navy with respect to the land withdrawn and reserved under that section, unless inconsistent with the provisions of this section, shall remain in force until modified, suspended, overruled, or otherwise changed by--
(A) the Secretary of the Interior or the Secretary of the Navy (as applicable);
(B) a court of competent jurisdiction; or
(C) operation of law.
(d) Duration of Withdrawal and Reservation.--The withdrawal and reservation made by this section terminate on March 31, 2039.
SEC. 2882. LIMESTONE HILLS, MONTANA.
(a) Withdrawal and Reservation of Public Land for Limestone Hills Training Area, Montana.--
(1) Withdrawal.--Subject to valid existing rights and except as otherwise provided in this section, the public land
(including the interests in land) described in paragraph (3), and all other areas within the boundaries of the land as depicted on the map provided for by paragraph (4) that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws (including the mining laws, the mineral leasing laws, and the geothermal leasing laws).
(2) Reservation; purpose.--Subject to the limitations and restrictions contained in subsection (c), the public land withdrawn by paragraph (1) is reserved for use by the Secretary of the Army for the following purposes:
(A) The conduct of training for active and reserve components of the Armed Forces.
(B) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training.
(C) The conduct of training by the Montana Department of Military Affairs, provided that the training does not interfere with the purposes specified in subparagraphs (A) and (B).
(D) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, provided that the training does not interfere with the purposes specified in subparagraphs (A) and (B).
(E) Other defense-related purposes consistent with the purposes specified in subparagraphs (A) through (D).
(3) Description of land.--The public land (including the interests in land) referred to in paragraph (1) comprises approximately 18,644 acres in Broadwater County, Montana, generally depicted as ``Proposed Land Withdrawal'' on the map entitled ``Limestone Hills Training Area Land Withdrawal'' and dated April 10, 2013.
(4) Indian tribes.--
(A) In general.--Nothing in this subtitle alters any rights reserved for an Indian tribe for tribal use of the public land withdrawn by paragraph (1) by treaty or Federal law.
(B) Consultation required.--The Secretary of the Army shall consult with any Indian tribes in the vicinity of the public land withdrawn by paragraph (1) before taking any action within the public land affecting tribal rights or cultural resources protected by treaty or Federal law.
(b) Management of Withdrawn and Reserved Land.--During the period of the withdrawal and reservation specified in subsection (e), the Secretary of the Army shall manage the public land withdrawn by paragraph (1) of subsection (a) for the purposes specified in paragraph (2) of that subsection, subject to the limitations and restrictions contained in subsection (c).
(c) Special Rules Governing Minerals Management.--
(1) Indian creek mine.--
(A) In general.--Of the land withdrawn by subsection
(a)(1), locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM-78300, shall be regulated in accordance with subparts 3715 and 3809 of title 43, Code of Federal Regulations.
(B) Restrictions on secretary of the army.--
(i) In general.--The Secretary of the Army shall make no determination that the disposition of, or exploration for, minerals as provided for in the approved plan of operations described in subparagraph (A) is inconsistent with the defense-related uses of the land withdrawn under this section.
(ii) Coordination.--The coordination of the disposition of and exploration for minerals with defense-related uses of the land shall be determined in accordance with procedures in an agreement provided for under paragraph (3).
(2) Removal of unexploded ordnance on land to be mined.--
(A) Removal activities.--
(i) In general.--Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on land withdrawn by subsection (a)(1) that is subject to mining under paragraph
(1), consistent with applicable Federal and State law.
(ii) Phases.--The Secretary of the Army may provide for the removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine under paragraph (1).
(B) Report on removal activities.--
(i) In general.--The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding any unexploded ordnance removal activities conducted during the previous fiscal year in accordance with this paragraph.
(ii) Inclusions.--The report under clause (i) shall include--
(I) a description of the amounts expended for unexploded ordnance removal on the land withdrawn by subsection (a)(1) during the period covered by the report; and
(II) the identification of the land cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior under this paragraph.
(3) Implementation agreement for mining activities.--
(A) In general.--The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this subsection with respect to the coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance.
(B) Duration.--The duration of an agreement entered into under subparagraph (A) shall be equal to the period of the withdrawal under subsection (a)(1), but may be amended from time to time.
(C) Requirements.--The agreement shall provide the following:
(i) That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM-78300, shall be invited to be a party to the agreement.
(ii) Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area.
(iii) Provisions addressing periods during which military and other authorized uses of the withdrawn land will occur.
(iv) Provisions regarding when and where military use or training with explosive material will occur.
(v) Provisions regarding the scheduling of training activities conducted within the withdrawn land that restrict mining activities.
(vi) Procedures for deconfliction with mining operations, including parameters for notification and resolution of anticipated changes to the schedule.
(vii) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area.
(viii) Procedures for scheduling of the removal of unexploded ordnance.
(4) Existing memorandum of agreement.--Until the date on which the agreement under paragraph (3) becomes effective, the compatible joint use of the land withdrawn and reserved by subsection (a)(1) shall be governed, to the extent compatible, by the terms of the 2005 Memorandum of Agreement among the Montana Army National Guard, Graymont Western US, Inc., and the Bureau of Land Management.
(d) Grazing.--
(1) Issuance and administration of permits and leases.--The Secretary of the Interior shall manage the issuance and administration of grazing permits and leases, including the renewal of permits and leases, on the public land withdrawn by subsection (a)(1), consistent with all applicable laws
(including regulations) and policies of the Secretary of the Interior relating to the permits and leases.
(2) Safety requirements.--With respect to any grazing permit or lease issued after the date of enactment of this Act for land withdrawn by subsection (a)(1), the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that--
(A) are consistent with Department of the Army explosive and range safety standards; and
(B) provide for the safe use of the withdrawn land.
(3) Assignment.--The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that the assignment may not include the authority to discontinue grazing on the land withdrawn by subsection (a)(1).
(e) Duration of Withdrawal and Reservation.--The withdrawal of public land by subsection (a)(1) shall terminate on March 31, 2039.
SEC. 2883. CHOCOLATE MOUNTAIN, CALIFORNIA.
(a) Withdrawal and Reservation.--
(1) Withdrawal.--Subject to valid existing rights and except as otherwise provided in this section, the public land
(including the interests in land) described in paragraph (2), and all other areas within the boundary of the land depicted on the map described in that paragraph that become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws (including the mining laws, the mineral leasing laws, and the geothermal leasing laws).
(2) Description of land.--The public land (including the interests in land) referred to in paragraph (1) is the Federal land comprising approximately 228,324 acres in Imperial and Riverside Counties, California, generally depicted on the map entitled ``Chocolate Mountain Aerial Gunnery Range--Administration's Land Withdrawal Legislative Proposal Map'', dated October 30, 2013, and filed in accordance with section 2862.
(3) Reservation.--The land withdrawn by paragraph (1) is reserved for use by the Secretary of the Navy for the following purposes:
(A) Testing and training for aerial bombing, missile firing, tactical maneuvering, and air support.
(B) Small unit ground forces training, including artillery firing, demolition activities, and small arms field training.
(C) Other defense-related purposes consistent with the purposes that are--
(i) described in subparagraphs (A) and (B); and
(ii) authorized under section 2864.
(b) Management of Withdrawn and Reserved Land.--
(1) Management by the secretary of the interior.--Except as provided in paragraph (2), during the period of the withdrawal and reservation of land by this section, the Secretary of the Interior shall manage the land withdrawn and reserved by this section in accordance with--
(A) this subtitle;
(B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(C) any other applicable law.
(2) Assignment of management to the secretary of the navy.--
(A) In general.--The Secretary of the Interior may assign the management responsibility, in whole or in part, for the land withdrawn and reserved by this section to the Secretary of the Navy.
(B) Acceptance.--If the Secretary of the Navy accepts the assignment of responsibility under subparagraph (A), the Secretary of the Navy shall manage the land in accordance with--
(i) this subtitle;
(ii) title I of the Sikes Act (16 U.S.C. 670a et seq.); and
(iii) any other applicable law.
(3) Implementing agreement.--The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement--
(A) that implements the assignment of management responsibility under paragraph (2);
(B) the duration of which shall be equal to the period of the withdrawal and reservation of the land under this section; and
(C) that may be amended from time to time.
(4) Access agreement.--The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to address access to and maintenance of Bureau of Reclamation facilities located within the boundary of the Chocolate Mountain Aerial Gunnery Range.
(c) Access.--Notwithstanding section 2863, the land withdrawn and reserved by this section (other than the land comprising the Bradshaw Trail) shall be--
(1) closed to the public and all uses (other than the uses authorized by subsection (a)(3) or under section 2864); and
(2) subject to any conditions and restrictions that the Secretary of the Navy determines to be necessary to prevent any interference with the uses authorized by subsection
(a)(3) or under section 2864.
(d) Duration of Withdrawal and Reservation.--The withdrawal and reservation made by this section terminates on March 31, 2039.
SEC. 2884. TWENTYNINE PALMS, CALIFORNIA.
(a) Withdrawal and Reservation.--
(1) Withdrawal.--Subject to valid existing rights and except as otherwise provided in this section, the public land
(including the interests in land) described in paragraph (2), and all other areas within the boundary of the land depicted on the map described in that paragraph that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws.
(2) Description of land.--The public land (including the interests in land) referred to in paragraph (1) is the Federal land comprising approximately 150,928 acres in San Bernardino County, California, generally depicted on the map entitled ``MCAGCC 29 Palms Expansion Map'', dated November 13, 2013 (3 sheets), and filed in accordance with section 2862, which are divided into the following 2 areas:
(A) The Exclusive Military Use Area, divided into 4 areas, consisting of--
(i) 1 area to the west of the Marine Corps Air Ground Combat Center, consisting of approximately 91,293 acres;
(ii) 1 area south of the Marine Corps Air Ground Combat Center, consisting of approximately 19,704 acres; and
(iii) 2 other areas, each measuring approximately 300 meters square (approximately 22 acres), located inside the boundaries of the Shared Use Area described in subparagraph
(B), totaling approximately 44 acres.
(B) The Shared Use Area, consisting of approximately 40,931 acres.
(3) Reservation for secretary of the navy.--The land withdrawn by paragraph (2)(A) is reserved for use by the Secretary of the Navy for the following purposes:
(A) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air ground task forces.
(B) Individual and unit live-fire training ranges.
(C) Equipment and tactics development.
(D) Other defense-related purposes that are--
(i) consistent with the purposes described in subparagraphs
(A) through (C); and
(ii) authorized under section 2864.
(4) Reservation for secretary of the interior.--The land withdrawn by paragraph (2)(B) is reserved--
(A) for use by the Secretary of the Navy for the purposes described in paragraph (3); and
(B) for use by the Secretary of the Interior for the following purposes:
(i) Public recreation--
(I) during any period in which the land is not being used for military training; and
(II) as determined to be suitable for public use.
(ii) Natural resources conservation.
(b) Management of Withdrawn and Reserved Land.--
(1) Management by the secretary of the navy.--Except as provided in paragraph (2), during the period of withdrawal and reservation of land by this section, the Secretary of the Navy shall manage the land withdrawn and reserved by this section for the purposes described in subsection (a)(3), in accordance with--
(A) an integrated natural resources management plan prepared and implemented under title I of the Sikes Act (16 U.S.C. 670a et seq.);
(B) this subtitle;
(C) a programmatic agreement between the Marine Corps and the California State Historic Preservation Officer regarding operation, maintenance, training, and construction at the United States Marine Air Ground Task Force Training Command, Marine Corps Air Ground Combat Center, Twentynine Palms, California; and
(D) any other applicable law.
(2) Management by the secretary of the interior.--
(A) In general.--Except as provided in subparagraph (B), during the period of withdrawal and reservation of land by this section, the Secretary of the Interior shall manage the area described in subsection (a)(2)(B).
(B) Exception.--Twice a year during the period of withdrawal and reservation of land by this section, there shall be a 30-day period during which the Secretary of the Navy shall--
(i) manage the area described in subsection (a)(2)(B); and
(ii) exclusively use the area described in subsection
(a)(2)(B) for military training purposes.
(C) Applicable law.--The Secretary of the Interior, during the period of the management by the Secretary of the Interior under subparagraph (A), shall manage the area described in subsection (a)(2)(B) for the purposes described in subsection
(a)(4), in accordance with--
(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(ii) any other applicable law.
(D) Secretary of the navy.--
(i) In general.--The Secretary of the Navy, during the period of the management by the Secretary of the Navy under subparagraph (A), shall manage the area described in subsection (a)(2)(B) for the purposes described in subsection
(a)(3), in accordance with--
(I) an integrated natural resources management plan prepared and implemented in accordance with title I of the Sikes Act (16 U.S.C. 670a et seq.);
(II) this subtitle;
(III) the programmatic agreement described in paragraph
(1)(C); and
(IV) any other applicable law.
(ii) Limitation.--The Department of the Navy shall not fire dud-producing ordnance onto the land withdrawn by subsection
(a)(2)(B).
(3) Public access.--
(A) In general.--Notwithstanding section 2863, the area described in subsection (a)(2)(A) shall be closed to all public access unless otherwise authorized by the Secretary of the Navy.
(B) Public recreational use.--
(i) In general.--The area described in subsection (a)(2)(B) shall be open to public recreational use during the period in which the area is under the management of the Secretary of the Interior, if there is a determination by the Secretary of the Navy that the area is suitable for public use.
(ii) Determination.--A determination of suitability under clause (i) shall not be withheld without a specified reason.
(C) Resource management group.--
(i) In general.--The Secretary of the Navy and the Secretary of the Interior, by agreement, shall establish a Resource Management Group comprised of representatives of the Departments of the Interior and Navy.
(ii) Duties.--The Resource Management Group established under clause (i) shall--
(I) develop and implement a public outreach plan to inform the public of the land uses changes and safety restrictions affecting the land; and
(II) advise the Secretary of the Interior and the Secretary of the Navy with respect to the issues associated with the multiple uses of the area described in subsection (a)(2)(B).
(iii) Meetings.--The Resource Management Group established under clause (i) shall--
(I) meet at least once a year; and
(II) solicit input from relevant State agencies, private off-highway vehicle interest groups, event managers, environmental advocacy groups, and others relating to the management and facilitation of recreational use within the area described in subsection (a)(2)(B).
(D) Military training.--
(i) Not conditional.--Military training within the area described in subsection (a)(2)(B) shall not be conditioned on, or precluded by--
(I) the lack of a recreation management plan or land use management plan for the area described in subsection
(a)(2)(B) developed and implemented by the Secretary of the Interior; or
(II) any legal or administrative challenge to a recreation management plan or land use plan developed under subclause
(I).
(ii) Management.--The area described in subsection
(a)(2)(B) shall be managed in a manner that does not compromise the ability of the Department of the Navy to conduct military training in the area.
(4) Implementation agreement.--
(A) In general.--The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement the management responsibilities of the respective Secretaries with respect to the area described in subsection
(a)(2)(B).
(B) Components.--The agreement entered into under subparagraph (A)--
(i) shall be of a duration that is equal to the period of the withdrawal and reservation of land under this section;
(ii) may be amended from time to time;
(iii) may provide for the integration of the management plans required of the Secretary of the Interior and the Secretary of the Navy by this section;
(iv) may provide for delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and fish and wildlife; and
(v) may provide for the Secretary of the Interior and the Secretary of the Navy to share resources so as to most efficiently and effectively manage the area described in subsection (a)(2)(B).
(5) Johnson valley off-highway vehicle recreation area.--
(A) Designation.--The following areas are designated as the
``Johnson Valley Off-Highway Vehicle Recreation Area'':
(i) Approximately 45,000 acres (as depicted on the map referred to in subsection (a)(2)) of the existing Bureau of Land Management-designated Johnson Valley Off-Highway Vehicle Area that is not withdrawn and reserved for defense-related uses by this section.
(ii) The area described in subsection (a)(2)(B).
(B) Authorized activities.--To the extent consistent with applicable Federal law (including regulations) and this section, any authorized recreation activities and use designation in effect on the date of enactment of this Act and applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may continue, including casual off-highway vehicular use and recreation.
(C) Administration.--The Secretary of the Interior shall administer the Johnson Valley Off-Highway Vehicle Recreation Area (other than the portion of the area described in subsection (a)(2)(B) that is being managed in accordance with the other provisions of this section), in accordance with--
(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(ii) any other applicable law.
(D) Transit.--In coordination with the Secretary of the Interior, the Secretary of the Navy may authorize transit through the Johnson Valley Off-Highway Vehicle Recreation Area for defense-related purposes supporting military training (including military range management and management of exercise activities) conducted on the land withdrawn and reserved by this section.
(c) Duration of Withdrawal and Reservation.--The withdrawal and reservation made by this section terminate on March 31, 2039.
SEC. 2885. WHITE SANDS MISSILE RANGE AND FORT BLISS.
(a) Withdrawal.--
(1) In general.--Subject to valid existing rights and paragraph (3), the Federal land described in paragraph (2) is withdrawn from--
(A) entry, appropriation, and disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(2) Description of federal land.--The Federal land referred to in paragraph (1) consists of--
(A) the approximately 5,100 acres of land depicted as
``Parcel 1'' on the map entitled ``White Sands Missile Range/Fort Bliss/BLM Land Transfer and Withdrawal'' and dated April 3, 2012 (referred to in this section as the ``map'');
(B) the approximately 37,600 acres of land depicted as
``Parcel 2'', ``Parcel 3'', and ``Parcel 4'' on the map; and
(C) any land or interest in land that is acquired by the United States within the boundaries of the parcels described in subparagraph (B).
(3) Limitation.--Notwithstanding paragraph (1), the land depicted as ``Parcel 4'' on the map is not withdrawn for purposes of the issuance of oil and gas pipeline rights-of-way.
(b) Reservation.--The Federal land described in subsection
(a)(2)(A) is reserved for use by the Secretary of the Army for military purposes in accordance with Public Land Order 833, dated May 27, 1952 (17 Fed. Reg. 4822).
(c) Revocation of Withdrawal.--Effective on the date of enactment of this Act--
(1) Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822), is revoked with respect to the approximately 2,050 acres of land generally depicted as ``Parcel 2'' on the map; and
(2) the land described in paragraph (1) shall be managed by the Secretary of the Interior as public land, in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) any other applicable laws.
______
SA 2101. Mr. DONNELLY (for himself and Mr. Rubio) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1237. REPORT ON UNITED STATES-CHINA ECONOMIC AND
SECURITY REVIEW COMMISSION.
(a) In General.--Not later than March 15, 2014, the Chairman of the United States-China Economic and Security Review Commission established under section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002) shall submit a report on the operations of the Commission to--
(1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Finance of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) A description of the manner in which the Commission has carried out the requirements of section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), including how the Commission has--
(A) carried out the purpose described in subsection (b)(2) of that section;
(B) carried out the duties of the Commission described in subsection (c) of that section;
(C) compensated members of the Commission under subsection
(e)(1) of that section; and
(D) appointed and compensated the executive director and other personnel of the Commission under subsection (e)(3) of that section.
(2) A list that includes--
(A) the name of each individual that has served or is serving as a member of the Commission as of the date of the submission of the report; and
(B) the term that each such individual served or is serving as of that date.
(3) A description of the extent to which the Commission has access to classified information and how the Commission has used that information in carrying out the duties of the Commission.
(4) A summary of all domestic and foreign travel by members and personnel of the Commission after December 31, 2005, including dates, locations, and purposes of travel and the names of members and personnel who participated.
(5) A summary and description of the changes that have occurred in the relationship between the United States and China after December 31, 2000, with respect to economics and national security.
(6) Recommendations of the Commission for statutory changes to update the mandate, purpose, duties, organization, and operations of the Commission, taking into account changes in the relationship between the United States and China.
______
SA 2102. Mr. DONNELLY submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 713. INCLUSION OF SUICIDE PREVENTION IN PILOT PROGRAM ON
ENHANCEMENTS OF DEPARTMENT OF DEFENSE EFFORTS
ON MENTAL HEALTH IN THE NATIONAL GUARD AND
RESERVES THROUGH COMMUNITY PARTNERSHIPS.
Section 706 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1800; 10 U.S.C. 10101 note) is amended by striking ``and substance use disorders and traumatic brain injury'' each place it appears
(other than in paragraphs (1) and (2) of subsection (c)) and inserting ``substance use disorders, traumatic brain injury, and suicide prevention''.
______
SA 2103. Mr. DONNELLY submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1237. REPORT ON ACTIVITIES BEING UNDERTAKEN BY THE
PEOPLE'S REPUBLIC OF CHINA TO SUSTAIN THE
ECONOMY OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF
KOREA.
(a) Report Required.--
(1) In general.--Not later than 270 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report on the activities being undertaken by the People's Republic of China to sustain the economy of the Democratic People's Republic of Korea.
(2) Elements.--The report shall include the following:
(A) A description of the activities of the People's Liberation Army (PLA) and Politburo members of the People's Republic of China in government and non-government bilateral trade, banking, investment, economic development, and infrastructure projects between the People's Republic of China and the Democratic People's Republic of Korea at the national, provincial, and local level.
(B) A description of the financial resources, flows, and structures of the entities and individuals of the People's Republic of China engaged in the activities described under subparagraph (A).
(C) An assessment of the impact of the activities described under subparagraph (A) on the weapons of mass destruction program and the ballistic missile program of the Democratic People's Republic of Korea.
(b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
______
SA 2104. Mr. REID (for Mr. Warner (for himself and Mr. Chambliss)) submitted an amendment intended to be proposed by Mr. Reid of NV to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. EXPANSION OF CHARTER OF COUNCIL ON VETERANS
EMPLOYMENT TO INCLUDE GOVERNMENT CONTRACTORS.
The President shall revise the mission and function of the Council on Veterans Employment, established pursuant to Executive Order 13518 of November 9, 2009--
(1) to include Government contractors within the scope of the Council's efforts to increase the number of veterans employed, including by encouraging Government contracts to enhance recruitment and training of veterans; and
(2) to integrate the inclusion of Government contractors into the Council's efforts and processes.
______
SA 2105. Mr. REID (for Mr. Warner (for himself and Mr. Chambliss)) submitted an amendment intended to be proposed by Mr. Reid of NV to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 514. VOLUNTARY RELEASE OF CERTAIN INFORMATION FOR
SEPARATING MEMBERS OF THE ARMED FORCES TO STATE
EMPLOYMENT AGENCIES.
(a) Release by DoD.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, carry out a program under which the Department of Defense shall, upon the request of a member undergoing discharge, separation, or release from the Armed Forces, provide information on the member described in subsection (c) to the State employment agency of each State designated by the member in the request. Such information shall be so provided not earlier than 90 days before the date of the separation, discharge, or release of the member concerned.
(b) Release by VA.--The Secretary of Veterans Affairs shall carry out a program under which the Department of Veterans Affairs shall, upon the request of a veteran made not later than 90 days after the date of the veteran's discharge, separation, or release from the Armed Forces, provide information on the veteran described in subsection (c) to the State employment agency of each State designated by the veteran in the request. A veteran may make a request under this subsection only if the veteran did not make a request under subsection (a) for the provision of such information to State employment agencies.
(c) Covered Information.--Information described in this subsection on an individual making a request under subsection
(a) or (b) is the following:
(1) The individual's name.
(2) The date, or anticipated date, of the individual's discharge, separation, or release from the Armed Forces.
(3) The characterization, or anticipated characterization, of the individual's discharge from the Armed Forces.
(4) The individual's sex.
(5) The individual's marital status.
(6) The individual's State of domicile.
(7) The individual's level of education.
(8) Appropriate contact information for the individual.
(9) Whether the individual is participating, or did participate, in a transition orientation program for members of the Armed Forces such as the Transition Assistance Program
(TAP).
(10) Any field of future employment for which the individual expresses a preference in the individual's request.
______
SA 2106. Mr. REID (for Mr. Warner (for himself and Mr. Chambliss)) submitted an amendment intended to be proposed by Mr. Reid of NV to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. MODIFICATION OF FEDERAL ACQUISITION REGULATION TO
ENCOURAGE GOVERNMENT CONTRACTORS TO HIRE
UNEMPLOYED VETERANS.
The Director of the Office of Management and Budget shall direct the Federal Acquisition Regulatory Council to, by not later than 60 days after the date of the enactment of this Act, issue proposed rules and, by not later than 270 days after the date of the enactment of this Act, issue final rules amending the Federal Acquisition Regulation--
(1) to require contractors who are subject to the cost accounting standards under the Federal Acquisition Regulation and who received at least $25,000,000 in aggregated contracts in each of the prior two fiscal years to develop and maintain a single company-wide veterans employment plan that, at a minimum, establishes--
(A) performance metrics;
(B) a plan to hire unemployed veterans, with a particular focus on unemployed veterans who served on active duty in the Armed Forces after September 11, 2001; and
(C) [methods] for training veterans not later than on year after hiring them in skills applicable to Government contracts;
(2) to encourage Federal agencies to modify or waive a skill required for the performance of an awarded contract when the contract is to be performed by an otherwise unemployed veteran assigned to work on such contract and the contractor provides training to the veteran in order to meet the modified or waived requirement by not later than one year after the date of such assignment;
(3) to authorize any contractor to deem that an otherwise unemployed veteran hired by a contractor after the date of the enactment of this Act who is assigned to work on a new or existing government contract meets the minimum skill qualification requirements under the contract if the contractor is provides training to such veteran in order to meet the original qualification requirement of such contract within one year of such assignment; and
(4) to modify such audit, oversight, and allowable cost requirements as may be applicable to Federal contracts to recognize and take into account the actions taken by a contractor under paragraph (3) as being in compliance with the terms and conditions of a contract.
______
SA 2107. Mr. REID (for Mr. Warner (for himself and Mr. Moran)) submitted an amendment intended to be proposed by Mr. Reid of NV to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VI, add the following:
SEC. 604. SENSE OF SENATE ON PAYMENT OF PAY AND ALLOWANCES
FOR MEMBERS OF THE ARMED FORCES DURING A LAPSE
IN APPROPRIATIONS.
It is the sense of the Senate that--
(1) the members of the Armed Forces and their families continue to make great sacrifices in the service of our nation;
(2) the government shutdown during the recent lapse in appropriations hurt military families, the Federal workforce, taxpayers, and businesses; and
(3) in the event of a lapse in appropriations, Congress should make continuing appropriations for--
(A) pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations for members of the Armed Forces (as defined in section 101(a)(4) of title 10, of the United States Code), including reserve components, who perform active service during such period; and
(B) pay and allowances for military technicians (dual status) during such period.
______
SA 2108. Mr. REID (for Mr. Warner) submitted an amendment intended to be proposed by Mr. Reid of NV to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 646. SENSE OF SENATE ON PAYMENT OF DEATH GRATUITIES AND
RELATED BENEFITS TO SURVIVORS OF DECEASED
MEMBERS OF THE ARMED FORCES.
It is the sense of the Senate that--
(1) the members of the Armed Forces and their families continue to make great sacrifices in the service of our nation;
(2) to not pay timely death benefits to the families of fallen members of the Armed Forces is unacceptable; and
(3) in the event of a lapse in appropriations, Congress should make continuing appropriations for the payment of death gratuities and related benefits to survivors of deceased members of the Armed Forces, including members of the Coast Guard when not in the service of the Navy, including--
(A) payment of a death gratuity under sections 1475 to 1477 and 1489 of title 10, United States Code;
(B) payment or reimbursement of funeral and burial expenses authorized under sections 1481 and 1482 of title 10, United States Code;
(C) payment or reimbursement of authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services under section 481f of title 37, United States Code; and
(D) temporary continuation of a basic allowance of housing for dependents of members dying on active duty, as authorized by section 403(l) of title 37, United States Code.
______
SA 2109. Mr. REID (for Mr. Warner (for himself and Mrs. Gillibrand)) submitted an amendment intended to be proposed by Mr. Reid of NV to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. UNMANNED AIRCRAFT SYSTEMS AND NATIONAL AIRSPACE.
(a) Memoranda of Understanding.--Notwithstanding any other provision of law, the Secretary of Defense may enter into a memorandum of understanding with a non-Department of Defense entity that is engaged in the test range program authorized under section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) to allow such entity to access nonregulatory special use airspace if such access--
(1) is used by the entity as part of such test range program; and
(2) does not--
(A) interfere with the activities of the Secretary; or
(B) otherwise interrupt or delay missions or training of the Department of Defense.
(b) Established Procedures.--In carrying out subsection
(a), the Secretary of Defense shall use the established procedures of the Department of Defense with respect to entering into a memorandum of understanding.
(c) Rule of Construction.--A memorandum of understanding entered into under subsection (a) between the Secretary of Defense and a non-Department of Defense entity may not be construed as establishing the Secretary as a partner, proponent, or team member of such entity in the test range program specified in such subsection.
______
SA 2110. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title V, add the following:
SEC. 529. CONSIDERATION OF CERTAIN TIME SPENT RECEIVING
MEDICAL CARE FROM SECRETARY OF DEFENSE AS
ACTIVE DUTY FOR PURPOSES OF ELIGIBILITY FOR
POST-9/11 EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3301(1)(B) of title 38, United States Code, is amended by inserting ``12301(h),'' after
``12301(g),''.
(b) Retroactive Application.--The amendment made by subsection (a) shall apply as if such amendment were enacted immediately after the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (Public Law 110-252).
______
SA 2111. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1208. LIMITATION ON ASSISTANCE TO PROVIDE TEAR GAS OR
OTHER RIOT CONTROL ITEMS.
None of the funds authorized to be appropriated by this Act may be used to provide tear gas or other riot control items to the government of a country undergoing a transition to democracy in the Middle East or North Africa unless the Secretary of Defense certifies to the Committees on Armed Services of the Senate and the House of Representatives that the security forces of such government are not using excessive force to repress peaceful, lawful, and organized dissent.
______
SA 2112. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title V, add the following:
SEC. 529. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN
MEDICAL TRAINING.
(a) In General.--Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 2017. Requirement to use human-based methods for certain medical training
``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2016, the Secretary of Defense shall develop, test, and validate human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries with the goal of replacing live animal-based training methods.
``(2) Not later than October 1, 2018, the Secretary--
``(A) shall only use human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries; and
``(B) may not use animals for such purpose.
``(b) Exception for Particular Commands and Training Methods.--(1) The Secretary may exempt a particular command, particular training method, or both, from the requirement for human-based training methods under subsection (a)(2) if the Secretary determines that human-based training methods will not provide an educationally equivalent or superior substitute for live animal-based training methods for such command or training method, as the case may be.
``(2) Any exemption under this subsection shall be for such period, not more than one year, as the Secretary shall specify in granting the exemption. Any exemption may be renewed (subject to the preceding sentence).
``(c) Annual Reports.--(1) Not later than October 1, 2014, and each year thereafter, the Secretary shall submit to the congressional defense committees a report on the development and implementation of human-based training methods and replacement of live-animal based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries under this section.
``(2) Each report under this subsection on or after October 1, 2018, shall include a description of any exemption under subsection (b) that is in force as the time of such report, and a current justification for such exemption.
``(d) Definitions.--In this section:
``(1) The term `combat trauma injuries' means severe injuries likely to occur during combat, including--
``(A) hemorrhage;
``(B) tension pneumothorax;
``(C) amputation resulting from blast injury;
``(D) compromises to the airway; and
``(E) other injuries.
``(2) The term `human-based training methods' means, with respect to training individuals in medical treatment, the use of systems and devices that do not use animals, including--
``(A) simulators;
``(B) partial task trainers;
``(C) moulage;
``(D) simulated combat environments;
``(E) human cadavers; and
``(F) rotations in civilian and military trauma centers.
``(3) The term `partial task trainers' means training aids that allow individuals to learn or practice specific medical procedures.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 101 of such title is amended by adding at the end the following new item:
``2017. Requirement to use human-based methods for certain medical training.''.
______
SA 2113. Ms. AYOTTE (for herself and Mrs. Shaheen) submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1066. REPORT ON UNDERSEA FIBER-OPTIC CABLE USE FOR
DEPARTMENT OF DEFENSE ACTIVITIES WORLDWIDE.
(a) Report Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the use by the Department of undersea fiber-optic cables to transmit information. The report shall set forth the following:
(1) A description of the quantity, type, and sensitivity of information transmitted by the Department on undersea fiber-optic cables.
(2) A description of the degree to which foreign companies manufacture or service undersea fiber-optic cables used by the Department to transmit information.
(3) A list of companies, and their countries of origin, that manufacture and service undersea fiber-optic cables used by the Department to transmit information.
(4) An assessment of the vulnerabilities created when undersea fiber-optic cables used by the Department to transmit information are manufactured or serviced by foreign companies.
(5) An estimate of the extent to which the reliance of the Department on undersea fiber-optic cables to transmit information will increase over the next decade.
(6) An assessment of the health of the United States industrial base for the manufacture and servicing of undersea fiber-optic cables.
(b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
______
SA 2114. Mr. PORTMAN (for himself and Ms. Hirono) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 722. REPORT ON USE OF TELEHEALTH FOR TREATMENT OF POST-
TRAUMATIC STRESS DISORDER, TRAUMATIC BRAIN
INJURIES, AND MENTAL HEALTH CONDITIONS.
(a) Report Required.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the use of telehealth to improve the diagnosis and treatment of Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injuries (TBI), and mental health conditions.
(b) Elements.--The report required by subsection (a) shall address the following:
(1) The current status of telehealth initiatives within the Defense Department to diagnose and treat Post-Traumatic Stress Disorder, Traumatic Brain Injuries, and mental health conditions.
(2) Plans for integrating telehealth into the military health care system, including in health care delivery, records management, medical education, public health, and private sector partnerships.
(3) The status of the integration of telehealth initiatives of the Department with the telehealth initiatives of the Department of Veterans Affairs.
(4) A description and assessment of challenges to the use of telehealth as a means of in-home treatment, outreach in rural areas, and in settings which provide group treatment or therapy in connection with treatment of Post-Traumatic Stress Disorder, Traumatic Brain Injuries, and mental health conditions, and a description and assessment of efforts to address such challenges.
(5) A description of privacy issues related to use of telehealth for the treatment of Post-Traumatic Stress Disorder, Traumatic Brain Injuries, and mental health conditions, and recommendations for mechanisms to remedy any privacy concerns in connection with use of telehealth for such treatment.
______
SA 2115. Mr. JOHNSON of Wisconsin (for himself and Ms. Baldwin) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
FIRST LIEUTENANT ALONZO H. CUSHING FOR ACTS OF
VALOR DURING THE CIVIL WAR.
(a) Authorization.--Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor under section 3741 of such title to then First Lieutenant Alonzo H. Cushing for conspicuous acts of gallantry and intrepidity at the risk of life and beyond the call of duty in the Civil War, as described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in subsection (a) are the actions of then First Lieutenant Alonzo H. Cushing while in command of Battery A, 4th United States Artillery, Army of the Potomac, at Gettysburg, Pennsylvania, on July 3, 1863, during the American Civil War.
______
SA 2116. Mr. RISCH (for himself and Mr. Rubio) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1208. PROHIBITION ON FOREIGN ASSISTANCE TO GOVERNMENTS
DEVELOPING GROUND-LAUNCHED NUCLEAR-CAPABLE
MISSILE SYSTEMS WITH THE CAPABILITY OF STRIKING
THE CONTINENTAL UNITED STATES.
Section 102(b) of the Arms Export Control Act (22 U.S.C. 2799aa-1(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``device, or'' and inserting ``device,'';
(B) in subparagraph (D), by inserting ``or'' after
``device,''; and
(C) by inserting after subparagraph (D) the following new subparagraph:
``(E) is in the process of developing or acquiring a ground-launched nuclear-capable missile system with an assessed range capable of striking the continental United States, and is not a permanent member of the United Nations Security Council,'';
(2) in paragraph (4)(A), by striking ``required under paragraph (1)(A) or (1)(B)'' and inserting ``required under paragraph (1)(A), (1)(B), or (1)(E)'';
(3) in paragraph (5)--
(A) by striking ``this subsection, if the Congress'' and inserting the following: ``this subsection--
``(A) if the Congress'';
(B) by striking ``required under paragraph (1)(A) or (1)(B) if he'' and inserting ``required under paragraph (1)(A),
(1)(B), or (1)(E) if the President'';
(C) by striking ``security. The President shall transmit'' and inserting ``security, and transmits''; and
(D) by striking ``therefor.'' and inserting the following:
``therefor; and
``(B) if the Secretary of Defense, in consultation with the Director of National Intelligence, certifies to Congress that the government of a country subject to sanctions under paragraph (1) solely on the basis of subparagraph (E) of such paragraph is no longer in the process of developing or acquiring a missile system described under such subparagraph, the President may waive such sanctions.''; and
(4) by adding at the end the following new paragraph:
``(9)(A) Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, and annually thereafter, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on any countries determined in accordance with subparagraph (E) of paragraph (1) to be in the process of developing or acquiring a missile system described under such subparagraph.
``(B) In this paragraph, the term `appropriate congressional committees' means--
``(i) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
``(ii) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.''.
______
SA 2117. Mr. RISCH submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1066. REPORT ON WHEREABOUTS OF ARMY SERGEANT BOWE
BERGDAHL.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees an unclassified report, with a classified annex, regarding the status of the search for U.S. Army Sergeant Bowe Bergdahl, who was captured by the Taliban on June 30, 2009, in Paktika Province in eastern Afghanistan. The report should include Sergeant Bergdahl's suspected whereabouts, his likely captors, and what efforts are being made to find and recover him.
(b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate; and
(3) the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives.
______
SA 2118. Mr. RISCH submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
SEC. 335. COMPTROLLER GENERAL STUDY OF DEPARTMENT OF DEFENSE
RESEARCH, DEVELOPMENT, AND INVESTMENT TO MEET
THE REQUIREMENTS OF RENEWABLE ENERGY GOALS.
(a) Study Required.--The Comptroller General of the United States shall conduct a review of Department of Defense programs and organizations related to, and resourcing of, renewable energy research, development, and investment in pursuit of meeting the renewable energy goals set forth in section 2911(e) of title 10, United States Code, by executive order, and through related legislative mandates. This review shall specify specific programs, costs, and estimated and expected savings of the programs.
(b) Report.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees, the Committee on Natural Resources of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report on the review conducted under subsection (a), including the following elements:
(1) A description of current Department of Defense renewable energy research initiatives throughout the Department of Defense, by military service, including the use of any ``renewable energy source'' as specified in section 2911(e)(2) of title 10, United States Code. These descriptions shall include the total dollars spent to date, the estimated total cost of each program, and the estimated lifetime of each program.
(2) A description of current Department of Defense renewable energy development initiatives throughout the Department of Defense, by military service, including the use of any ``renewable energy source'' as specified in section 2911(e)(2) of title 10, United States Code. These descriptions shall include the total dollars spent to date, the estimated total cost of each program, and the estimated lifetime of each program.
(3) A description of current Department of Defense renewable energy investment initiatives throughout the Department of Defense, by military service, including the use of any ``renewable energy source'' as specified in section 2911(e)(2) of title 10, United States Code. These descriptions will include the total dollars spent to date, the estimated total cost of the program, and the estimated lifetime of the program.
(4) A description of the estimated and expected savings of each of the programs described in paragraphs (1), (2), and
(3), including a comparison of the renewable energy cost to the current cost of conventional energy sources, as well as a comparison of the renewable energy cost to the average energy cost for the previous 10 years.
(5) An assessment of the adequacy of the coordination by the Department of Defense of planning for renewable energy projects with consideration for savings realized for dollars invested and the capitalization costs of such investments.
(6) An assessment of the adequacy of the coordination by the Department of Defense among the service branches and the Department of Defense as a whole, and whether or not the Department of Defense has a cost-effective, capabilities-based, and coordinated renewable energy research, development, and investment strategy.
(7) An assessment of the programmatic, organizational, and resource challenges and gaps faced by the Department of Defense in optimizing research, development, and investment in renewable energy initiatives.
(8) Recommendations regarding the need for a new energy strategy for the Department of Defense that provides the Department with the energy supply required to meet all the needs and capabilities of the Armed Forces in the most cost-effective and efficient manner.
______
SA 2119. Mr. RISCH (for himself and Mr. Rubio) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1035. PROHIBITION ON TRANSFER TO CERTAIN COUNTRIES OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
None of the funds authorized to be appropriated for fiscal year 2014 by this Act or any other Act may be used to transfer, release, or assist in the transfer or release, including a transfer or release otherwise authorized by section 1031, of an individual detained on or after January 20, 2009, at Naval Station, Guantanamo Bay, Cuba, to--
(1) the government of a foreign country determined to be repeatedly providing support for acts of international terrorism pursuant to section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) or section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j));
(2) the recognized leadership of a foreign entity designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);
(3) the government of a foreign country determined to be not cooperating fully with United States antiterrorism efforts pursuant to Section 40A of the Arms Export Control Act (22 U.S.C. 2781); or
(4) to the government of a foreign country identified as having a terrorist safe haven within its borders in the Department of State 7120 Report on Terrorist Safe Havens.
______
SA 2120. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 593. SENSE OF SENATE ON UPGRADE OF CHARACTERIZATION OF
DISCHARGE OF CERTAIN VIETNAM ERA MEMBERS OF THE
ARMED FORCES.
(a) Sense of Senate.--It is the sense of the Senate that, when considering a request for correction of a less-than-honorable discharge issued to a member of the Armed Forces during the Vietnam era, the Board for Corrections of Military Records--
(1) should take into account whether the veteran--
(A) served in the Republic of Vietnam during the Vietnam era;
(B) following such service, was diagnosed with Post-Traumatic Stress Disorder after Post-Traumatic Stress Disorder was included in the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association; and
(C) has evidence to attest to current good standing within the veteran's community; and
(2) if the veteran meets the criteria specified in paragraph (1), should give all due consideration to an upgrade of characterization of discharge.
(b) Vietnam Era Defined.--In this section, the term
``Vietnam era'' has the meaning given that term in section 101(29) of title 38, United States Code.
______
SA 2121. Mr. BLUMENTHAL (for himself and Mr. Cornyn) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XV, add the following:
SEC. 1534. REPORT ON POTENTIAL INCORPORATION OF UNITED
STATES-MANUFACTURED ROTARY WING AIRCRAFT INTO
THE AFGHAN NATIONAL SECURITY FORCES FLEET.
(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a proposal for the potential incorporation of United States-manufactured rotary wing aircraft into the Afghan National Security Forces (ANSF) fleet.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) A description of the anticipated cost, schedule, and training required for the incorporation of United States-manufactured rotary wing aircraft into the Afghan National Security Forces fleet, including costs associated with the procurement and sustainment of such aircraft.
(2) A description of any actions required to be undertaken to facilitate the incorporation of such aircraft into the Afghan National Security Forces fleet.
______
SA 2122. Mrs. GILLIBRAND (for herself and Ms. Hirono) submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title III, add the following:
SEC. 353. CLARIFICATION OF PROHIBITION ON DISPOSING OF WASTE
IN OPEN-AIR BURN PITS.
Section 317(d)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2249; 10 U.S.C. 2701 note) is amended--
(1) in subparagraph (B), by striking ``and'';
(2) by redesignating subparagraph (C) as subparagraph (Q); and
(3) by inserting after subparagraph (B) the following new subparagraphs:
``(C) tires;
``(D) treated wood;
``(E) batteries;
``(F) plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream;
``(G) munitions and explosives, except when disposed of in compliance with guidance on the destruction of munitions and explosives contained in the Department of Defense Ammunition and Explosives Safety Standards, DoD Manual 6055.09-M;
``(H) compressed gas cylinders, unless empty with valves removed;
``(I) fuel containers, unless completely evacuated of its contents;
``(J) aerosol cans;
``(K) polychlorinated biphenyls;
``(L) petroleum, oils, and lubricants products (other than waste fuel for initial combustion);
``(M) asbestos;
``(N) mercury;
``(O) foam tent material;
``(P) any item containing any of the materials referred to in a preceding subparagraph; and''.
______
SA 2123. Mr. REID (for Mr. Levin (for himself and Mr. Inhofe)) proposed an amendment to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
On page 310, line 14, strike ``$4,000,000,000'' and insert
``$5,000,000,000''.
______
SA 2124. Mr. REID (for Mr. Levin (for himself and Mr. Inhofe)) proposed an amendment to amendment SA 2123 proposed by Mr. Reid (for Mr. Levin (for himself and Mr. Inhofe)) to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
On page 1, line 2, strike `` `$5,000,000,000' '' and insert
`` `$5,000,000,001' ''.
______
SA 2125. Mr. REID proposed an amendment to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
At the end, add the following:
This Act shall become effective 3 days after enactment.
______
SA 2126. Mr. REID proposed an amendment to amendment SA 2125 proposed by Mr. Reid to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
In the amendment, strike ``3 days'' and insert ``2 days''.
______
SA 2127. Mr. REID proposed an amendment to amendment SA 2126 proposed by Mr. Reid to the amendment SA 2125 proposed by Mr. Reid to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
In the amendment, strike ``2 days'' and insert ``1 day''.
______
SA 2128. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title V, add the following:
SEC. 573. ASSESSMENT OF ELEMENTARY AND SECONDARY SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS
PROGRAMS OF THE DEPARTMENT OF DEFENSE.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense shall conduct an assessment of each program as follows:
(A) The Army Educational Outreach Program (AEOP).
(B) The STEM2Stern program of the Navy.
(C) The DoD STARBASE program carried out by the Under Secretary of Defense for Personnel and Readiness.
(2) Consultation.--The Secretary of Defense shall conduct assessments under this subsection in consultation with the Secretary of Education and the heads of other appropriate Federal agencies.
(b) Elements.--The assessment of a program under subsection
(a) shall include the following:
(1) An assessment of the current status of the program.
(2) A determination as to the advisability of retaining, terminating, or transferring the program to another agency, together with a justification for the determination.
(3) For a program determined under paragraph (2) to be terminated, a justification why the science, technology, engineering, and mathematics education requirements of the program are no longer required.
(4) For a program determined under paragraph (2) to be transferred to the jurisdiction of another agency--
(A) the name of such agency;
(B) the funding anticipated to be provided the program by such agency during the five-year period beginning on the date of transfer; and
(C) mechanisms to ensure that education under the program will continue to meet the science, technology, engineering, and mathematics education requirements of the Department of Defense, including requirements for the dependents covered by the program.
(5) Metrics to assess whether a program under paragraph (3) or (4) is meeting the requirements applicable to such program under such paragraph.
(c) Limitation on Certain Actions on Programs Pending Assessment.--A program specified in paragraph (1) of subsection (a) may not be terminated or transferred to the jurisdiction of another agency until the completion of the assessment required by that subsection.
(d) Funding.--
(1) Transfer of certain funds to pk-12 stem programs.--Of the amount authorized to be appropriated for fiscal year 2014 by section 201 and available for Research, Development, Test, and Evaluation, Defense-wide for the National Defense Education Program (NDEP) for the National Security Science and Engineering Faculty Fellowship (NSSEFF) as specified in the funding table in section 4201, $10,000,000 shall be available for pre-kindergarten, elementary, and secondary science, technology, engineering, and mathematics programs of the Department of Defense.
(2) Transfer of funds back to nsseff on completion of assessment.--Upon certifying to the congressional defense committees that the assessment required by subsection (a) is complete, the Secretary may transfer to the National Security Science and Engineering Faculty Fellowship such amount from the amount transferred by paragraph (1) as the Secretary considers appropriate.
______
SA 2129. Mr. CARDIN (for himself, Mr. McCain, and Mr. Whitehouse) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1237. VIETNAM EDUCATION FOUNDATION.
(a) Findings.--Congress makes the following findings:
(1) The Secretary of Defense has called for more high-level exchanges and enhanced defense cooperation between the United States and Vietnam.
(2) Vietnam plays a major role in the President's strategic priority to rebalance United States policies toward Asia
(popularly known as the ``Asia pivot'').
(3) The Department of Defense is increasing its United States force posture in Asia to achieve more geographical distribution, operational resilience, and politically sustainability.
(4) The Secretary of Defense and the Minister of Defense of the Socialist Republic of Vietnam have agreed to develop cooperation in the following 5 areas:
(A) High-level dialogues.
(B) Maritime security.
(C) Search and rescue operations.
(D) Peacekeeping operations.
(E) Humanitarian assistance and disaster relief.
(5) The Secretary of Defense has emphasized that enhanced defense cooperation must be accompanied by reform and liberalization in other sectors.
(b) Grants Authorized.--
(1) Establishment of higher education institution in vietnam.--In order to support Vietnam's socioeconomic transition and promote the values of intellectual freedom and open enquiry, the Secretary of State may award 1 or more grants to not-for-profit organizations engaged in promoting institutional innovation in Vietnamese higher education to establish an independent, not-for-profit, higher education institution in Vietnam.
(2) Use of funds.--Grant funds awarded under this subsection shall be used to support the establishment of an independent, not-for-profit academic institution to be built in Vietnam, which shall--
(A) achieve standards comparable to those required for accreditation in the United States; and
(B) offer graduate and undergraduate level teaching and research programs in a broad range of fields, including public policy, management, and engineering.
(3) Application.--Eligible not-for-profit organizations desiring a grant under this subsection shall submit an application to the Secretary of State at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
(4) Funding.--The Secretary of State may use amounts from the Vietnam Debt Repayment Fund made available under section 207(c) of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) for grants authorized under this subsection.
(5) Annual report.--The Secretary of State shall submit an annual report to the appropriate congressional committees that summarizes the activities carried out under this subsection during the most recent fiscal year.
(c) Transfer of Functions and Assets.--All functions and assets of the Vietnam Education Foundation, as of the day before the date of the enactment of this Act, are transferred to the Bureau of Educational and Cultural Affairs of the Department of State.
(d) Vietnam Debt Repayment Fund.--Section 207(c) of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) is amended to read as follows:
``(c) Availability of Funds.--
``(1) Amounts transferred to the foundation.--Except as provided in paragraph (2), for each of the fiscal years 2014 through 2018, $5,000,000 of the amounts deposited into the Fund (or accrued interest) shall be transferred to the Foundation to carry out the fellowship program described in section 206.
``(2) Amounts allotted for grants to establish an independent, not-for-profit, higher education institution in vietnam.--Notwithstanding paragraph (1), the Secretary of State may expend any amounts deposited into the Fund (or accrued interest) to carry out the grant program established under section 1237(b) of the National Defense Authorization Act for Fiscal Year 2014, to support the establishment of an independent, not-for-profit academic institution in Vietnam offering graduate and undergraduate level programs in a broad range of fields, including public policy, management, and engineering.
``(3) Disposition of excess funds.--For each of the fiscal years 2014 through 2018, the Secretary of the Treasury shall deposit all amounts in the Fund in excess of the amounts transferred or expended under paragraphs (1) and (2) for such year as miscellaneous receipts into the General Fund of the Treasury of the United States.''.
______
SA 2130. Mr. CARDIN (for himself and Mr. Blumenthal) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. 804. EXTENSION OF LIMITATION ON AGGREGATE ANNUAL AMOUNT
AVAILABLE FOR CONTRACT SERVICES.
Section 808 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1489) is amended--
(1) in subsections (a) and (b), by striking ``fiscal year 2012 or 2013'' and inserting ``fiscal year 2012, 2013, 2014, or 2015'';
(2) in subsection (c)--
(A) by striking ``during fiscal years 2012 and 2013'' in the matter preceding paragraph (1);
(B) by striking paragraphs (1) and (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively; and
(C) in paragraph (3), as so redesignated, by striking
``fiscal years 2012 and 2013'' and inserting ``fiscal years 2012, 2013, 2014, and 2015'';
(3) in subsection (d)(4), by striking ``fiscal year 2012 or 2013'' and inserting ``fiscal year 2012, 2013, 2014, or 2015''; and
(4) by adding at the end the following new subsections:
``(e) Carryover of Reductions Required.--If the reductions required by subsection (c)(2) for fiscal years 2012 and 2013 are not implemented, the amounts remaining for those reductions in fiscal years 2012 and 2013 shall be implemented in fiscal years 2014 and 2015.
``(f) Anti-Deficiency Act Violation.--Failure to comply with subsections (a) and (e) shall be considered violations of section 1341 of title 31, United States Code (commonly referred to as the `Anti-Deficiency Act').''.
______
SA 2131. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1237. REPORT ON ACCOUNTABILITY FOR WAR CRIMES AND CRIMES
AGAINST HUMANITY IN SYRIA.
(a) Sense of Congress.--Congress--
(1) strongly condemns the ongoing violence, the use of chemical weapons, and the systematic gross human rights violations carried out by Syrian government forces under the direction of President Bashar al-Assad, as well as abuses committed by al Qaeda affiliates and other jihadists involved in the civil war in Syria;
(2) expresses its support for the people of Syria seeking peaceful democratic change; and
(3) calls on the President to support Syrian and International Community efforts to ensure accountability for war crimes and crimes against humanity committed during the conflict.
(b) Report.--
(1) In general.--Not later than 60 days after the date of the enactment of this Act, and 180 days after the cessation of violence in Syria, the Secretary of State shall submit to the appropriate congressional committees a report on war crimes and crimes against humanity in Syria.
(2) Elements.--The report required under paragraph (1) shall include the following elements:
(A) A description of violations of internationally recognized human rights and crimes against humanity perpetrated during the civil war in Syria, including--
(i) an account of the war crimes and crimes against humanity committed by the regime of President Bashar al-Assad;
(ii) an account of the war crimes and crimes against humanity committed by al Qaeda affiliates and other jihadists involved in the conflict; and
(iii) a description of the conventional and unconventional weapons used for such crimes and, where possible, the origins of the weapons.
(B) A description of efforts by the Department of State and the United States Agency for International Development to ensure accountability for violations of internationally recognized human rights and crimes against humanity perpetrated against the people of Syria by President Bashar al-Assad and al Qaeda affiliates and other jihadists involved in the conflict, including--
(i) a description of initiatives that the United States has undertaken to train Syrian investigators on how to document, investigate, and develop findings of war-crimes; and
(ii) an assessment of the impact of those initiatives.
(c) Appropriate Congressional Committee Defined.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of Representatives.
______
SA 2132. Mr. CARDIN (for himself and Mr. Blunt) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 713. COMPREHENSIVE POLICY ON IMPROVEMENTS TO CARE AND
TRANSITION OF MEMBERS OF THE ARMED FORCES WITH
UROTRAUMA.
(a) Comprehensive Policy Required.--
(1) In general.--Not later than January 1, 2014, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop and implement a comprehensive policy on improvements to the care, management, and transition of recovering members of the Armed Forces with urotrauma.
(2) Scope of policy.--The policy shall cover each of the following:
(A) The care and management of the specific needs of members of the Armed Forces who are urotrauma patients, including eligibility for the Recovery Care Coordinator Program pursuant to the Wounded Warrior Act (10 U.S.C. 1071 note).
(B) The return to active duty of members of the Armed Forces who have recovered from urotrauma, when appropriate.
(C) The transition of recovering members of the Armed Forces from receipt of care and services for urotrauma through the Department of Defense to receipt of care and services for urotrauma through the Department of Veterans Affairs.
(3) Consultation.--The Secretary of Defense and the Secretary of Veterans Affairs shall develop the policy in consultation with the heads of other appropriate departments and agencies of the Federal Government, with representatives of military service organizations representing the interests of members of the Armed Froces who are urotrauma patients, and with appropriate nongovernmental organizations having an expertise in matters relating to the policy.
(b) Report.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report that includes a review identifying options for responding to gaps in the care of members of the Armed Forces who are urotrauma patients.
______
SA 2133. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. NATIONAL BLUE ALERT COMMUNICATIONS NETWORK.
(a) Short Title.--This section may be cited as the
``National Blue Alert Act of 2013''.
(b) Definitions.--In this section:
(1) Coordinator.--The term ``Coordinator'' means the Blue Alert Coordinator of the Department of Justice designated under subsection (d)(1).
(2) Blue alert.--The term ``Blue Alert'' means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network.
(3) Blue alert plan.--The term ``Blue Alert plan'' means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert.
(4) Law enforcement officer.--The term ``law enforcement officer'' shall have the same meaning as in section 1204(6) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(6)).
(5) Network.--The term ``network'' means the Blue Alert communications network established by the Attorney General under subsection (c).
(6) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(c) Blue Alert Communications Network.--The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities.
(d) Blue Alert Coordinator; Guidelines.--
(1) Coordination within department of justice.--The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network.
(2) Duties of the coordinator.--The Coordinator shall--
(A) provide assistance to States and units of local government that are using Blue Alert plans;
(B) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including--
(i) a list of the resources necessary to establish a Blue Alert plan;
(ii) criteria for evaluating whether a situation warrants issuing a Blue Alert;
(iii) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer;
(iv) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if--
(I) the law enforcement agency involved--
(aa) confirms--
(AA) the death or serious injury of the law enforcement officer; or
(BB) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or
(bb) concludes that the law enforcement officer is missing in the line of duty;
(II) there is an indication of serious injury to or death of the law enforcement officer;
(III) the suspect involved has not been apprehended; and
(IV) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers;
(v) guidelines--
(I) that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, United States Code, and any relevant crime information repository of the State involved;
(II) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines;
(III) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and
(IV) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and
(vi) guidelines for--
(I) the issuance of Blue Alerts through the network; and
(II) the extent of the dissemination of alerts issued through the network;
(C) develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating--
(i) the use of public safety communications;
(ii) command center operations; and
(iii) incident review, evaluation, debriefing, and public information procedures;
(D) work with States to ensure appropriate regional coordination of various elements of the network;
(E) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include--
(i) to the maximum extent practicable, representation from the various geographic regions of the United States; and
(ii) members who are--
(I) representatives of a law enforcement organization representing rank-and-file officers;
(II) representatives of other law enforcement agencies and public safety communications;
(III) broadcasters, first responders, dispatchers, and radio station personnel; and
(IV) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network;
(F) act as the nationwide point of contact for--
(i) the development of the network; and
(ii) regional coordination of Blue Alerts through the network; and
(G) determine--
(i) what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and
(ii) which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement.
(3) Limitations.--
(A) Voluntary participation.--The guidelines established under paragraph (2)(B), protocols developed under paragraph
(2)(C), and other programs established under paragraph (2), shall not be mandatory.
(B) Dissemination of information.--The guidelines established under paragraph (2)(B) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies.
(C) Privacy and civil liberties protections.--The guidelines established under paragraph (2)(B) shall--
(i) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and
(ii) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers.
(4) Cooperation with other agencies.--The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this section.
(5) Restrictions on coordinator.--The Coordinator may not--
(A) perform any official travel for the sole purpose of carrying out the duties of the Coordinator;
(B) lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or
(C) host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds.
(6) Reports.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed.
______
SA 2134. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. 804. EXTENSION OF LIMITATION ON AGGREGATE ANNUAL AMOUNT
AVAILABLE FOR CONTRACT SERVICES.
Section 808 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1489) is amended--
(1) in subsections (a) and (b), by striking ``fiscal year 2012 or 2013'' and inserting ``fiscal year 2012, 2013, 2014, or 2015'';
(2) in subsection (c)--
(A) by striking ``during fiscal years 2012 and 2013'' in the matter preceding paragraph (1);
(B) by striking paragraphs (1) and (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively; and
(C) in paragraph (3), as so redesignated, by striking
``fiscal years 2012 and 2013'' and inserting ``fiscal years 2012, 2013, 2014, and 2015'';
(3) in subsection (d)(4), by striking ``fiscal year 2012 or 2013'' and inserting ``fiscal year 2012, 2013, 2014, or 2015''; and
(4) by adding at the end the following new subsections:
``(e) Carryover of Reductions Required.--If the reductions required by subsection (c)(2) for fiscal years 2012 and 2013 are not implemented, the amounts remaining for those reductions in fiscal years 2012 and 2013 shall be implemented in fiscal years 2014 and 2015.
``(f) Anti-Deficiency Act Violation.--Failure to comply with subsections (a) and (e) shall be considered violations of section 1341 of title 31, United States Code (commonly referred to as the `Anti-Deficiency Act').''.
______
SA 2135. Mr. MANCHIN (for himself and Mr. Moran) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 646. SENSE OF SENATE THAT FUNDS FOR DEATH GRATUITIES AND
RELATED SURVIVOR BENEFITS FOR SURVIVORS OF
DECEASED MEMBERS OF THE ARMED FORCES SHOULD NOT
BE SUBJECT TO ANNUAL APPROPRIATIONS.
(a) Findings.--The Senate makes the following findings:
(1) The death gratuity and related survivor benefits are a one-time payment to help families with the acute financial hardships that accompany the loss of a deceased member of the Armed Forces.
(2) During the recent lapse in appropriations, the death gratuity and related survivor benefits were suspended until an appropriations Act covering payment of such benefits was enacted.
(3) Not paying the death gratuity and related survivor benefits in a timely manner stands against our values as a Nation to honor and support those who paid the ultimate sacrifice.
(4) While it is altruistic to declare that lapses in annual appropriations must be avoided, a history of periodic lapses in annual appropriations suggests other such lapses are possible.
(5) It is time for permanent legislation that will ensure death gratuities and related survivor benefit for families of deceased members of the Armed Forces are not subject to annual appropriations.
(b) Sense of Senate.--It is the sense of the Senate that funds for death gratuities and related survivor benefits for survivors of deceased members of the Armed Forces should not be subject to annual appropriations.
______
SA 2136. Mr. LEE (for himself and Mrs. Fischer) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1046. SENSE OF CONGRESS ON FURTHER NUCLEAR ARMS
REDUCTIONS WITH THE RUSSIAN FEDERATION.
It is the sense of Congress that, if the United States seeks further nuclear arms reductions with the Russian Federation, below the levels of the New START Treaty, such reductions--
(1) should only be pursued through mutual negotiated agreement with the Russian Federation;
(2) should be verifiable;
(3) should be made pursuant to the treaty-making power of the President as set forth in Article II, section 2, clause 2 of the Constitution of the United States; and
(4) should include the full range of nuclear weapons capabilities that threaten the United States, its forward-deployed forces, and its allies, including non-strategic nuclear weapons.
______
SA 2137. Mr. LEE (for himself, Mr. Cruz, Mr. Barrasso, Mr. Coburn, and Mr. Vitter) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. REPORT ON UNITED STATES CONTRIBUTIONS TO THE
UNITED NATIONS.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress a report on all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year.
(b) Content.--The report required under subsection (a) shall include the following elements:
(1) The total amount of all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and United Nations affiliated agencies and related bodies.
(2) The approximate percentage of United States Government contributions to each United Nations affiliated agency or body in such fiscal year when compared with all contributions to such agency or body from any source in such fiscal year.
(3) For each such contribution--
(A) the amount of the contribution;
(B) a description of the contribution (including whether assessed or voluntary);
(C) the department or agency of the United States Government responsible for the contribution;
(D) the purpose of the contribution; and
(E) the United Nations or United Nations affiliated agency or related body receiving the contribution.
(c) Scope of Initial Report.--The first report required under subsection (a) shall include the information required under this section for the previous three fiscal years.
(d) Public Availability of Information.--Not later than 14 days after submitting a report required under subsection (a), the Director of the Office of Management and Budget shall post a public version of the report on a text-based, searchable, and publicly available Internet website.
______
SA 2138. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title IX, add the following:
SEC. 922. AGREEMENTS WITH CERTAIN COMMERCIAL SPACEPORTS AND
RANGE AND LAUNCH COMPLEXES.
(a) In General.--Section 2276 of title 10, United States Code, is amended--
(1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new subsection (e):
``(e) Agreements With Commercial Spaceports and Range and Launch Complexes.--
``(1) In general.--The Secretary shall--
``(A) seek to enter into an agreement under subsection (b) with each commercial spaceport or range and launch complex described in paragraph (2); and
``(B) provide funding to each such commercial spaceport or range and launch complex in accordance with this section.
``(2) Commercial spaceports and range and launch complexes described.--A commercial spaceport or range and launch complex described in this paragraph is a commercial spaceport or range and launch complex that--
``(A) is licensed by the Federal Aviation Administration;
``(B) provides orbital launch capabilities in support of national security space programs; and
``(C) receives funding from amounts made available for space launch operations for the Air Force Space Command of the Department of Defense.''.
(b) Conforming Amendment.--Subsection (d)(3) of such section is amended by inserting ``and as provided in subsection (e)'' after ``subsection (b)''.
______
SA 2139. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
On page 19, between lines 10 and 11, insert the following:
Subtitle A--Army Programs
SEC. 111. TRANSFER OF CERTAIN C-23 AIRCRAFT.
(a) Transfer.--
(1) Offer of transfer.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Army shall extend to the chief executive officer of the State of Alaska the opportunity to take title to not more than eight C-23 aircraft with tail numbers specified in paragraph (2).
(2) Tail numbers.--The tail numbers of the C-23 transfer subject to offer under paragraph (1) are as follows: 93-01319, 93-01329, 94-00308, 94-00309, 88-01869, 90-07015, 90-07016, 90-07012.
(b) Requirements Applicable to Transfer.--The transfer of any C-23 aircraft under subsection (a) shall be occur in accordance with the provisions of subsections (b) and (c) of section 112 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1318).
______
SA 2140. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1066. REPORT ON READINESS OF AIR FORCE COMBAT RESCUE
HELICOPTER FLEET.
(a) Report Required.--Not later than April 1, 2014, the Secretary of the Air Force shall, in consultation with the Chief of the National Guard Bureau and the Adjutants General of the States of Alaska, California and New York, submit to congressional defense committees a report setting for an assessment of the readiness of the Air Force combat rescue helicopter fleet.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) An assessment of the readiness of the Air Force combat rescue helicopter fleet, including--
(A) the Aircraft Availability Rate for each of the preceding 12 months for the portion of the fleet operated by each of the Air Force, the Air Force Reserve, and the Air National Guard; and
(B) in the case of the combat rescue helicopters operated by the Air National Guard, the Aircraft Availability Rate for each of the preceding 12 months for each helicopter and any recommendations for remedial actions for sustainment, modernization, or replacement of such helicopter as the Secretary considers appropriate.
(2) A plan for the immediate replacement of Air National Guard search and rescue helicopters that are at or near the end of their mission capable life.
(3) A plan for near-term, middle-term, and long-term recapitalization of the Air Force combat rescue helicopter fleet.
______
SA 2141. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
On page 155, strike line 15 and insert the following:ual assault.
``(5)(A) An individual specified in subparagraph (B) who is the victim of an offense described in paragraph (2) that is committed by a member of armed forces or cadet or midshipman may be provided assistance by a Special Victims' Counsel under this subsection as if such individual were a member of the armed forces. In this subsection, any reference to a member in connection with the provision of such assistance shall be deemed to be a reference to such individual.
``(B) An individual specified in this subparagraph is an individual as follows:
``(i) A cadet at the United States Military Academy.
``(ii) A midshipman at the Naval Academy.
``(iii) A cadet at the Air Force Academy.''.
At the end of part I of subtitle E of title V, add the following:
SEC. 547. CONTINUOUS AVAILABILITY OF SEXUAL ASSAULT FORENSIC
EXAMINERS AND SEXUAL ASSAULT NURSE EXAMINERS-
ADULT/ADOLESCENT FOR CADETS AND MIDSHIPMEN WHO
ARE VICTIMS OF SEXUAL ASSAULT AT THE MILITARY
SERVICE ACADEMIES.
(a) Continuous Availability.--Each Secretary concerned shall ensure that the services specified in subsection (b) are available on a continuous basis for cadets or midshipmen, as the case may be, who are the victim of a sexual assault at the military service academy under the jurisdiction of such Secretary.
(b) Covered Services.--The services specified in this subsection are the following:
(1) Services of Sexual Assault Forensic Examiners (SAFEs).
(2) Services of Sexual Assault Nurse Examiners-Adult/Adolescent (SANEs).
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means the following:
(1) The Secretary of the Army with respect to the United States Military Academy.
(2) The Secretary of the Navy with respect to the Naval Academy.
(3) The Secretary of the Air Force with respect to the Air Force Academy.
______
SA 2142. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
On page 226, between lines 14 and 15, insert the following:
Subtitle A--TRICARE Program
SEC. 701. MENTAL HEALTH COUNSELORS UNDER THE TRICARE PROGRAM.
(a) One-year Postponement of Decredentialing of Certain Counselors.--Notwithstanding the provisions of the Interim Final Rule entitled ``TRICARE: Certified Mental Health Counselors'' and published on December 27, 2011, or any other provision of law or regulation--
(1) physician-supervised mental health counselors who are qualified mental health providers for purposes of section 199.4 of title 32, Code of Federal Regulations, on October 1, 2014, shall retain such status and continue to be recognized for purposes of the TRICARE program until not earlier than December 31, 2015; and
(2) such mental health counselors shall remain eligible for reimbursement under the TRICARE program while continuing to retain such states and be so recognized.
(b) Report.--Not later than April 1, 2014, the Secretary of Defense shall submit to the congressional defense committees a report setting for the following:
(1) The number of Certified Mental Health Counselors (as that term is defined in section 199.6(c)(3)(iii)(N) of title 32, Code of Federal Regulations) in each State and territory of the United States who are available to provide mental health counseling to beneficiaries of the TRICARE program in such State or territory.
(2) The number of physician-supervised mental health counselors in each State and territory of the United States who will no longer be eligible to provide mental health counseling to beneficiaries of the TRICARE program if decredentialed.
(3) An assessment whether a sufficient number of Certified Mental Health Counselors will be available in the communities in which beneficiaries of the TRICARE program reside to provide mental health counseling to beneficiaries of the TRICARE program whose mental health counselors are not eligible for continued credentialing under the TRICARE program, with special emphasis on the availability of Certified Mental Health Counselors--
(A) in Alaska;
(B) in other predominantly rural States and in rural communities in States that are not predominantly rural; and
(C) in the territories.
(4) A description and assessment of the availability of mental health counseling and training programs accredited by the Council for Accreditation of Counseling and Related Educational Programs, and a description of the availability of Certified Mental Health Counselors in States and territories in which such programs are not available.
(5) An assessment of the costs and benefits of requiring beneficiaries of the TRICARE program to abandon existing patient relationships with physician-supervised mental health counselors in the event of the decredentialing of mental health counselors for purposes of the TRICARE program, and an assessment of the impact of that eventuality on the continuity of care to patients.
(6) A description of any evidence available to the Secretary suggesting that patients of physician-supervised mental health counselors under the TRICARE program are dissatisfied with their professional relationships with such counselors.
(7) A justification for the determination to implement a blanket termination of physician-supervised mental health counselors under the TRICARE program as necessary to maintain quality of services under the TRICARE program, including whether evidence is available to the Secretary to demonstrate that a statistically significant number of physician-supervised mental health counselors currently credentialed under the TRICARE program are providing substandard care to beneficiaries of the TRICARE program.
(8) An assessment whether it is equitable to terminate experienced physician-supervised mental health counselors from further participation under the TRICARE program in favor of potentially less experienced Certified Mental Health Counselors.
(9) A description of the obstacles faced by physician-supervised mental health counselors who seek to transition to Certified Mental Health Counselor status, including obstacles in connection with lack of graduation from an educational program certified by the Council for Accreditation of Counseling and Related Educational Programs.
(10) A description of any modifications to regulations that the Secretary intends to propose or implement in light of the postponement under subsection (a) and the matters covered by the report.
______
SA 2143. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of part I of subtitle E of title V, add the following:
SEC. 547. REPORTS ON MEDICAL CARE AND FORENSIC COLLECTION
ACTIVITIES AVAILABLE FOR VICTIMS OF MILITARY
SEXUAL TRAUMA AT THE MILITARY SERVICE
ACADEMIES.
(a) Reports Required.--Not later than 90 days after the date of the enactment of this Act, each Secretary concerned shall submit to Congress a report describing the following:
(1) The emergency and other medical care to include mental healthcare currently available for victims of military sexual trauma at the military service academy under the jurisdiction of such Secretary.
(2) The forensic collection activities currently undertaken in connection with military sexual trauma at such military service academy.
(b) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means the following:
(1) The Secretary of the Army with respect to the United States Military Academy.
(2) The Secretary of the Navy with respect to the Naval Academy.
(3) The Secretary of the Air Force with respect to the Air Force Academy.
______
SA 2144. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 713. PROVISION OF INFORMATION TO MEMBERS OF THE ARMED
FORCES ON AVAILABILITY OF MENTAL HEALTH
SERVICES AND RELATED PRIVACY RIGHTS.
(a) In General.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1090a the following new section:
``Sec. 1090b. Notice to members of the armed forces on availability of mental health services and privacy rights related to receipt of such services
``(a) Provision of Information Required.--The Secretaries of the military departments shall ensure that the information described in subsection (b) is provided--
``(1) to each officer candidate during initial training;
``(2) to each recruit during basic training; and
``(3) to other members of the armed forces at such times as the Secretary of Defense considers appropriate.
``(b) Required Information.--The information required to be provided under subsection (a) shall include at a minimum the following:
``(1) Information regarding the availability of mental health services under this chapter.
``(2) Information on the applicability of Department of Defense Directive 6025.18 and other regulations regarding privacy prescribed pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) to records regarding a member seeking and receiving mental health services, including the extent to which--
``(A) any such records can be shared with promotion boards, commanding officers, and other members of the armed forces;
``(B) any adverse actions can be taken against the member for seeking and receiving mental health services; and
``(C) a diagnosis of a mental health condition can result in negative personnel action.
``(c) Reduction of Perceived Stigma.--As provided in section 1090a(b)(1) of this title, in providing information under subsection (a), the Secretary of a military department shall seek to eliminate perceived stigma associated with seeking and receiving mental health services and to promote the use of mental health services on a basis comparable to the use of other medical and health services.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1090a the following new item:
``1090b. Notice to members of the armed forces on availability of mental health services and privacy rights related to receipt of such services.''.
(c) Provision of Information to Current Members.--As soon as practicable after the date of the enactment of this Act, the Secretary of Defense shall ensure that all members of the Armed Forces, including members of the reserve components, serving in the Armed Forces as of that date are provided the information required to be provided to new recruits and officer candidates pursuant to section 1090b of title 10, United States Code, as added by subsection (a).
______
SA 2145. Ms. AYOTTE (for herself, Mr. Blumenthal, Mr. Moran, and Mr. Coburn) submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike sections 861 and 862 and insert the following:
SEC. 843. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY.
(a) Statement of Policy.--It shall be the policy of the United States that--
(1) executive agencies shall not provide funds through a contract, grant, or cooperative agreement with a person or entity that is directly or indirectly supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict; and
(2) executive agencies shall not provide funds through a contract, grant, or cooperative agreement with a person or entity that fails to exercise due diligence to ensure that none of the funds, including goods and services, received under a contract, grant, or cooperative agreement of the United States Government are provided directly or indirectly to a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict.
(b) Identification of Persons and Entities.--The Secretary of Defense shall, in conjunction with the Director of National Intelligence, designate in each geographic combatant command an element to carry out intelligence missions within the area of responsibility of such combatant command outside the United States to identify persons and entities that--
(1) provide funds, including goods and services, received under a contract, grant, or cooperative agreement of an executive agency directly or indirectly to a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict; or
(2) fail to exercise due diligence to ensure that none of the funds, including goods and services, received under a contract, grant, or cooperative agreement of an executive agency are provided directly or indirectly to a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict.
(c) Agency Actions on Identification of Persons or Entities.--
(1) Identification.--Not later than 270 days after the date of the enactment of this Act, the head of each executive agency shall carry out a program to use available intelligence (including information made available pursuant to subsections (b) and (i)(1)) to--
(A) review persons and entities who receive United States funds, including goods and services, through contracts, grants, and cooperative agreements performed for such executive agency; and
(B) identify any such persons and entities who are providing funds, including goods and services, received under a contract, grant, or cooperative agreement of such executive agency directly or indirectly to a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict.
(2) Discharge by dod through commanders of combatant commands.--The Secretary of Defense shall carry out the program required by paragraph (1) through the commanders of the geographic combatant commands.
(3) Notification of contracting activities.--If the head of an executive agency (or the designee of such head) or the commander of a geographic combatant command identifies a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict, the head of such executive agency
(or designee) or commander, as the case may be, shall notify the heads of contracting activities, or other appropriate officials, of the executive agencies in writing of such identification. Any written notification pursuant to this paragraph shall be made in accordance with procedures established to implement the revisions of regulations required by this section.
(d) Authority To Terminate or Void Contracts, Grants, and Cooperative Agreements and To Restrict Future Award.--
(1) In general.--Not later than 270 days after the date of the enactment of this Act, applicable regulations shall be revised to provide that, upon notice from the head of an executive agency (or the designee of such head) or the commander of a geographic combatant command under subsection
(c)(3), the head of contracting activity, or other appropriate official, of an executive agency may do the following:
(A) If the notice is that a person or entity has been identified as providing funds, including goods and services, received under a contract, grant, or cooperative agreement of the executive agency directly or indirectly to a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict--
(i) either--
(I) terminate for default the contract, grant, or cooperative agreement; or
(II) void the contract, grant, or cooperative agreement in whole or in part; and
(ii) restrict the future award of contracts, grants, or cooperative agreements of the executive agency to the person or entity so identified.
(B) If the notice is that the person or entity has failed to exercise due diligence to ensure that none of the funds, including goods and services, received under a contract, grant, or cooperative agreement of the executive agency are provided directly or indirectly to a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict, terminate for default, in whole or in part, the contract, grant, or cooperative agreement.
(2) Treatment as void.--For purposes of this section:
(A) A contract, grant, or cooperative agreement that is void is unenforceable as contrary to public policy.
(B) A contract, grant, or cooperative agreement that is void in part is unenforceable as contrary to public policy with regard to a segregable task or effort under the contract, grant, or cooperative agreement.
(e) Clause.--
(1) In general.--Not later than 270 days after the date of the enactment of this Act, applicable regulations shall be revised to require that--
(A) the clause described in paragraph (2) shall be included in each covered contract, grant, and cooperative agreement of an executive agency that is awarded on or after the date of the enactment of this Act; and
(B) to the maximum extent practicable, each covered contract, grant, and cooperative agreement of an executive agency that is awarded before the date of the enactment of this Act shall be modified to include the clause described in paragraph (2), other than the matter provided for in subparagraph (A) of that paragraph.
(2) Clause described.--The clause described in this paragraph is a clause that--
(A) requires the contractor, or the recipient of the grant or cooperative agreement, to certify in connection with entry into the contract, grant, or cooperative agreement that the contractor or recipient, as the case may be, has never knowingly provided funds, including goods and services, directly or indirectly to a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict;
(B) requires the contractor, or the recipient of the grant or cooperative agreement, to exercise due diligence to ensure that none of the funds, including goods and services, received under the contract, grant, or cooperative agreement are provided directly or indirectly to a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict; and
(C) notifies the contractor, or the recipient of the grant or cooperative agreement, of the authority of the head of the contracting activity, or other appropriate official, to terminate or void the contract, grant, or cooperative agreement, in whole or in part, as provided in subsection
(d).
(3) Covered contract, grant, or cooperative agreement defined.--In this subsection, the term ``covered contract, grant, or cooperative agreement'' means a contract, grant, or cooperative agreement with an estimated value in excess of
$20,000.
(f) Requirements Following Contract Actions.--Not later than 270 days after the date of the enactment of this Act, applicable regulations shall be revised as follows:
(1) To require that any head of contracting activity, or other appropriate official, taking an action under subsection
(d) to terminate, void, or restrict a contract, grant, or cooperative agreement notify in writing the contractor or recipient of the grant or cooperative agreement, as applicable, of the action.
(2) To permit, in such manner as such regulations, as so revised, shall provide, the contractor or recipient of a grant or cooperative agreement subject to an action taken under subsection (d) to terminate or void the contract, grant, or cooperative agreement, as the case may be, an opportunity to contest the action within 30 days of receipt of notice of the action.
(g) Annual Review; Protection of Classified Information.--
(1) Annual review.--The heads of executive agencies (or the designees of such heads) and the commanders of the geographic combatant commands shall, on an annual basis, review the lists of persons and entities previously covered by a notice under subsection (c)(3) as having been identified pursuant to subsection (c)(1)(B) in order to determine whether or not such persons and entities continue to warrant identification pursuant to subsection (c)((1)(B). If the head of an executive agency (or designee) or commander determines pursuant to such a review that a person or entity no longer warrants identification pursuant to subsection (c)(1)(B), the head of the executive agency (or designee) or commander, as the case may be, shall notify the heads of contracting activities, or other appropriate officials, of the executive agencies in writing of such determination.
(2) Protection of classified information.--Classified information relied upon to make an identification in accordance with subsection (b) or (c) may not be disclosed to a contractor or a recipient of a grant or cooperative agreement with respect to which an action is taken pursuant to the authority provided in subsection (d), or to their representatives, in the absence of a protective order issued by a court of competent jurisdiction established under Article I or Article III of the Constitution of the United States that specifically addresses the conditions upon which such classified information may be so disclosed.
(h) Delegation of Certain Responsibilities.--
(1) Combatant command responsibility to identify and provide notice.--The commander of a geographic combatant command may delegate the responsibilities in paragraphs (1) through(3) of subsection (c) to the deputy commander of that combatant command. Any delegation of responsibilities under this paragraph shall be made in writing.
(2) Nondelegation of responsibility for certain actions.--The authority provided by subsection (d) to terminate, void, or restrict contracts, grants, and cooperative agreements, in whole or in part, may not be delegated below the level of head of contracting activity or equivalent official for purposes of grants or cooperative agreements.
(i) Additional Responsibilities of Executive Agencies.--
(1) Sharing of information on supporters of the enemy.--The Secretary of Defense shall, in consultation with the Director of the Office of Management and Budget, carry out a program through which agency components may provide information to heads of executive agencies (or the designees of such heads) and the commanders of the geographic combatant commands relating to persons or entities who may be providing funds, including goods and services, received under contracts, grants, or cooperative agreements of the executive agencies directly or indirectly to a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict. The program shall be designed to facilitate and encourage the sharing of risk and threat information between executive agencies and the geographic combatant commands.
(2) Inclusion of information on contract actions in fapiis and other systems.--Upon the termination, voiding, or restriction of a contract, grant, or cooperative agreement of an executive agency under subsection (c), the head of contracting activity, or other appropriate official, of the executive agency shall provide for the inclusion in the Federal Awardee Performance and Integrity Information System
(FAPIIS), or other formal system of records on contractors or entities, of appropriate information on the termination, voiding, or restriction, as the case may be, of the contract, grant, or cooperative agreement.
(3) Reports.--The head of contracting activity, or other appropriate official, that receives a notice pursuant to subsection (c)(3) shall submit to the head of the executive agency (or designee) concerned or the appropriate geographic combatant command, as the case may be, a report on the action, if any, taken by the head of contracting activity pursuant to subsection (d), including a determination not to terminate, void, or restrict the contract, grant, or cooperative agreement as otherwise authorized by subsection
(d). This paragraph shall expire on the date that is three years after the date of the enactment of this Act.
(j) Reports.--
(1) In general.--Not later than March 1 of 2015, 2016, and 2017, the Director of the Office of Management and Budget shall submit to the appropriate committees of Congress a report on the use of the authorities in this section in the preceding calendar year, including the following:
(A) For each instance in which an executive agency exercised the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (d), based on a notification under subsection
(c)(3), the following:
(i) The executive agency taking such action.
(ii) An explanation of the basis for the action taken.
(iii) The value of the contract, grant, or cooperative agreement voided or terminated.
(iv) The value of all contracts, grants, or cooperative agreements of the executive agency in force with the person or entity concerned at the time the contract, grant, or cooperative agreement was terminated or voided.
(B) For each instance in which an executive agency did not exercise the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (d), based on a notification under subsection
(c)(3), the following:
(i) The executive agency concerned.
(ii) An explanation why the action was not taken.
(2) Form.--Any report under this subsection may be submitted in classified form.
(k) Other Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Oversight and Government Reform, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(2) The term ``combatant command'' means a command established pursuant to chapter 6 of title 10, United States Code.
(3) The term ``contract'' includes a contract for commercial items but is not limited to a contract for commercial items.
(4) The term ``designated terrorist organization'' means any organization designated as a terrorist organization under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).
(5) The term ``executive agency'' has the meaning given that term in section 133 of title 41, United States Code.
(6) The term ``head of contracting activity'' has the meaning given that term in subpart 601 of part 1 of the Federal Acquisition Regulation.
(l) Coordination With Current Authorities Applicable to CENTCOM.--
(1) Repeal of superseded authority.--Effective 270 days after the date of the enactment of this Act, section 841 of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1510; 10 U.S.C. 2302 note) is repealed.
(2) Use of superseded authorities in discharge of requirements.--In providing for the discharge of the requirements of this section by the Department of Defense, the Secretary of Defense may use and modify for that purpose requirements and procedures established by the Secretary for purposes of the discharge of the requirements of section 841 of the National Defense Authorization Act for Fiscal Year 2012.
SEC. 844. ADDITIONAL ACCESS TO RECORDS.
(a) Contracts, Grants, and Cooperative Agreements.--
(1) In general.--Not later than 270 days after the date of the enactment of this Act, applicable regulations shall be revised to require that the clause described in paragraph
(2) shall be included in each covered contract, grant, and cooperative agreement of an executive agency that is awarded on or after the date of the enactment of this Act.
(2) Clause.--The clause described in this paragraph is a clause authorizing the head of the executive agency concerned, upon a written determination pursuant to paragraph
(3), to examine any records of the contractor, the recipient of a grant or cooperative agreement, or any subcontractor or subgrantee under such contract, grant, or cooperative agreement to the extent necessary to ensure that funds, including goods and services, available under the contract, grant, or cooperative agreement are not provided directly or indirectly to a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict.
(3) Written determination.--The authority to examine records pursuant to the contract clause described in paragraph (2) may be exercised only upon a written determination by the contracting officer or comparable official responsible for a grant or cooperative agreement, upon a finding by the commander of a geographic combatant command or the head of an executive agency (or the designee of such head) that there is reason to believe that funds, including goods and services, available under the contract, grant, or cooperative agreement concerned may have been provided directly or indirectly to a person or entity that is supporting a designated terrorist organization or supporting a force against which the United States is actively engaged in hostilities in accordance with the law of armed conflict.
(4) Flowdown.--A clause described in paragraph (2) shall also be required in any subcontract or subgrant under a covered contract, grant, or cooperative agreement if the subcontract or subgrant has an estimated value in excess of
$20,000.
(b) Reports.--
(1) In general.--Not later than March 1 of 2015, 2016, and 2017, the Director of the Office of Management and Budget shall submit to the appropriate committees of Congress a report on the use of the authority provided by this section in the preceding calendar year.
(2) Elements.--Each report under this subsection shall identify, for the calendar year covered by such report, each instance in which an executive agency exercised the authority provided under this section to examine records, explain the basis for the action taken, and summarize the results of any examination of records so undertaken.
(3) Form.--Any report under this subsection may be submitted in classified form.
(c) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Oversight and Government Reform, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(2) The term ``combatant command'' means a command established pursuant to chapter 6 of title 10, United States Code.
(3) The term ``contract'' includes a contract for commercial items but is not limited to a contract for commercial items.
(4) The term ``covered contract, grant, or cooperative agreement'' means a contract, grant, or cooperative agreement with an estimated value in excess of $20,000.
(5) The term ``designated terrorist organization'' means any organization designated as a terrorist organization under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).
(6) The term ``executive agency'' has the meaning given that term in section 133 of title 41, United States Code.
(d) Coordination With Current Authorities Applicable to CENTCOM.--
(1) Repeal of superseded authority.--Effective 270 days after the date of the enactment of this Act, section 842 of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1513; 10 U.S.C. 2313 note) is repealed.
(2) Use of superseded authorities in discharge of requirements.--In providing for the discharge of the requirements of this section by the Department of Defense, the Secretary of Defense may use and modify for that purpose the regulations and procedures established for purposes of the discharge of the requirements of section 842 of the National Defense Authorization Act for Fiscal Year 2012.
______
SA 2146. Mrs. BOXER (for Mr. Sanders) proposed an amendment to the bill S. 1471, to authorize the Secretary of Veterans Affairs and the Secretary of the Army to reconsider decisions to inter or honor the memory of a person in a national cemetery, and for other purposes; as follows:
Strike section 2 and insert the following new section 2:
SEC. 2. AUTHORITY TO RECONSIDER DECISIONS OF SECRETARY OF
VETERANS AFFAIRS OR SECRETARY OF THE ARMY TO
INTER THE REMAINS OR HONOR THE MEMORY OF A
PERSON IN A NATIONAL CEMETERY.
(a) Authority To Reconsider Prior Decisions.--Section 2411 of title 38, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new subsections:
``(d)(1) In a case described in subsection (e), the appropriate Federal official may reconsider a decision to--
``(A) inter the remains of a person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or
``(B) honor the memory of a person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title).
``(2)(A)(i) In a case described in subsection (e)(1)(A), the appropriate Federal official shall provide notice to the deceased person's next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person.
``(ii) In a case described in subsection (e)(1)(B), if the appropriate Federal official finds, based upon a showing of clear and convincing evidence and after an opportunity for a hearing in a manner prescribed by the appropriate Federal official, that the person had committed a Federal capital crime or a State capital crime but had not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution, the appropriate Federal official shall provide notice to the deceased person's next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person.
``(B) Notice under subparagraph (A) shall be provided by the appropriate Federal official as follows:
``(i) By the Secretary in accordance with section 5104 of this title.
``(ii) By the Secretary of Defense in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection.
``(3)(A) Notwithstanding any other provision of law, the next of kin or other person authorized to arrange burial or memorialization of the deceased person shall be allowed a period of 60 days from the date of the notice required by paragraph (2) to file a notice of disagreement with the Federal official that provided the notice.
``(B)(i) A notice of disagreement filed with the Secretary under subparagraph (A) shall be treated as a notice of disagreement filed under section 7105 of this title and shall initiate appellate review in accordance with the provisions of chapter 71 of this title.
``(ii) A notice of disagreement filed with the Secretary of Defense under subparagraph (A) shall be decided in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection.
``(4) When the decision of the appropriate Federal official to disinter the remains or remove a memorial headstone or marker of the deceased person becomes final either by failure to appeal the decision in accordance with paragraph (3)(A) or by final disposition of the appeal pursuant to paragraph
(3)(B), the appropriate Federal official may take any of the following actions:
``(A) Disinter the remains of the person from the cemetery in the National Cemetery Administration or in Arlington National Cemetery and provide for the reburial or other appropriate disposition of the disinterred remains in a place other than a cemetery in the National Cemetery Administration or in Arlington National Cemetery.
``(B) Remove from a memorial area in a cemetery in the National Cemetery Administration or in Arlington National Cemetery any memorial headstone or marker placed to honor the memory of the person.
``(e)(1) A case described in this subsection is a case in which the appropriate federal official receives--
``(A) written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4) of a person described in paragraph (2); or
``(B) information that a person described in paragraph (2) may have committed a Federal capital crime or a State capital crime but was not convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.
``(2) A person described in this paragraph is a person--
``(A) whose remains have been interred in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or
``(B) whose memory has been honored in a memorial area in a cemetery in the National Cemetery Administration or in such an area in Arlington National Cemetery.''.
(b) Modification of Exception To Interment or Memorialization Prohibition.--Subsection (a)(2) of such section is amended by striking ``such official approves an application for''.
(c) Applicability.--The amendments made by this section shall apply with respect to any interment or memorialization conducted by the Secretary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administration or in Arlington National Cemetery after the date of the enactment of this Act.
______
SA 2147. Mrs. BOXER (for Mr. Menendez (for himself and Mr. Corker)) proposed an amendment to the bill S. 1545, to extend authorities related to global HIV/AIDS and to promote oversight of United States programs; as follows:
On page 18, strike line 11 and insert the following:
``(R) A description of program evaluations completed during the reporting period, including whether all completed evaluations have been published on a publically available Internet website and whether any completed evaluations did not adhere to the common evaluation standards of practice published under paragraph (4).
``(4) Common evaluation standards.--Not later than February 1, 2014, the Global AIDS Coordinator shall publish on a publically available Internet website the common evaluation standards of practice referred to in paragraph (3)(R).
``(5) Partner country defined.--In this
On page 16, line 3, strike ``counties'' and insert
``countries''.
On page 18, line 1, strike the second set of quotation marks.
On page 18, line 4, strike the second set of quotation marks.
____________________