S.Amdt. 3554Senate113th Congress (2013-2015)

To clarify that nothing in the resolution shall be construed as a declaration of war or authorization to use force.

Sponsored by Rand PaulSen. Rand Paul (R-KY)
Submitted July 10, 2014

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Senate amendment submitted

July 10, 2014

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Senate amendment proposed (on the floor): Amendment SA 3554 proposed by Senator Reid for Senator Paul.(consideration: CR S4439; text: CR S4439)

July 10, 2014

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Senate amendment agreed to: Amendment SA 3554 agreed to in Senate by Unanimous Consent.

July 10, 2014

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Amendment SA 3554 proposed by Senator Reid for Senator Paul. (consideration: CR S4439; text: CR S4439) To clarify that nothing in the resolution shall be construed as a declaration of war or authorization to use force.

July 10, 2014

Floor

Amendment SA 3554 agreed to in Senate by Unanimous Consent.

July 10, 2014

Text

Submitted

TEXT OF AMENDMENTS

                                 ______

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

       At the end of title I, add the following:

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

       (a) In General.--Notwithstanding any other provision of law
     (including regulations), the Secretary of the Interior shall
     issue to covered individuals described in subsection (b)
     permits to park for a period of not more than 72 consecutive
     hours unattended off-highway vehicles in any area of a unit
     of the National Wildlife Refuge System in which parking is
     permitted.
       (b) Covered Individual.--A covered individual referred to
     in subsection (a) is an individual that is--
       (1) at least 65 years of age;
       (2) a veteran with a service-connected disability (as
     defined in section 101 of title 38, United States Code); or
       (3) entitled to benefits under section 223 of the Social
     Security Act (42 U.S.C. 423).
                                 ______

  SA 3532. Ms. STABENOW (for herself and Mr. Grassley) submitted an
amendment intended to be proposed by her to the bill S. 2363, to
protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes; which was ordered to lie on the
table; as follows:

       At the end, insert the following:

      TITLE III--RURAL HERITAGE CONSERVATION EXTENSION ACT OF 2014

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

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

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

       (a) In General.--Section 170(h) of the Internal Revenue
     Code of 1986 is amended by adding at the end the following
     new paragraph:
       ``(7) Exception for easements for golf courses.--For
     purposes of this section, the term `qualified conservation
     contribution' shall not include any contribution of an
     easement for use on, or intended for use on, a golf
     course.''.
       (b) Effective Date.--The amendment made by this section
     shall apply to contributions made after the date of the
     enactment of this Act.
                                 ______

  SA 3533. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill S. 2363, to protect and enhance opportunities for
recreational hunting, fishing, and shooting, and for other purposes;
which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

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

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

  SA 3534. Ms. COLLINS (for herself, Mr. Udall of Colorado, Mr. Burr,
Mrs. Shaheen, Mr. Graham, Mr. Wyden, Mr. Alexander, Mr. Walsh, Mr.
Portman, Mr. Leahy, Mr. Heinrich, and Ms. Ayotte) submitted an
amendment intended to be proposed by her to the bill S. 2363, to
protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes; which was ordered to lie on the
table; as follows:

       At the end of the bill, add the following:

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

       (a) Findings.--The Senate finds the following:
       (1) The year 2014 marks the 50th anniversary of the
     establishment of the Land and Water Conservation Fund under
     section 2 of the Land and Water Conservation Act of 1965 (16
     U.S.C. 460l-5) (referred to in this subsection as the
     ``Fund''), the most successful and enduring conservation and
     outdoor recreation program of the United States.
       (2) The Fund will expire in 2015 unless Congress takes
     action to renew this important program.
       (3) The Fund has protected outdoor recreation sites in
     every State and nearly every county in the United States by
     ensuring access to hunting and fishing areas, protecting the
     most historic sites of the United States, supporting working
     forests and ranches, creating national scenic and historic
     trails, and conserving critical habitats.
       (4) The Land and Water Conservation Fund Act of 1965 (16
     U.S.C. 460l-4 et seq.) has a 50-year history of bipartisan
     support as, with the overwhelming support of Congress--
       (A) support for the Act began during the Eisenhower
     Administration;

[[Page S4420]]

       (B) the Act was proposed to Congress by President Kennedy;
     and
       (C) the Act was signed into law by President Johnson.
       (5) The Land and Water Conservation Fund Act of 1965 (16
     U.S.C. 460l-4 et seq.) is fully funded, without relying on
     tax dollars, through the annual collection of $900,000,000 by
     the Treasury of the United States from a small percentage of
     royalties from offshore drilling and other Federal energy
     revenue sources.
       (6) The Fund honors the principles of fiscal conservatism
     by reinvesting revenues from the sale of 1 national resource
     to protect other natural resources and ensure outdoor
     recreation for all people of the United States.
       (7) Over the 50-year history of the Fund, more than half
     the amount credited to the Fund account has been diverted for
     other purposes.
       (8) Continued investments in the Fund will stimulate the
     economy of the United States, create jobs, and strengthen
     infrastructure.
       (9) Outdoor recreation and conservation activities are
     important economic contributors and support jobs in
     communities across the United States.
       (10) The Fund drives local economies by growing
     recreational land to match increases in population and
     development pressure while also creating and protecting jobs
     in working forests and on working farms and ranches.
       (b) Sense of the Senate.--It is the sense of the Senate
     that--
       (1) the Land and Water Conservation Fund Act of 1965 (16
     U.S.C. 460l-4 et seq.) should be reauthorized; and
       (2) full, permanent, and dedicated funding for the Land and
     Water Conservation Fund would keep the promise that was made
     to the people of the United States in 1964 to invest a small
     portion of the proceeds from natural resource development in
     conservation and outdoor recreation.
                                 ______

  SA 3535. Ms. COLLINS (for herself, Mr. Udall of Colorado, Mr. Burr,
Mrs. Shaheen, Mr. Graham, Mr. Wyden, and Mr. Alexander) submitted an
amendment intended to be proposed by her to the bill S. 2363, to
protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes; which was ordered to lie on the
table; as follows:

       At the end of the bill, add the following:

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

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

  SA 3536. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill S. 2363, to protect and enhance opportunities for
recreational hunting, fishing, and shooting, and for other purposes;
which was ordered to lie on the table; as follows:

       Strike section 203 and insert the following:

     SEC. 203. NORTH AMERICAN WETLANDS CONSERVATION ACT.

       (a) Authorization of Appropriations.--Section 7(c) of the
     North American Wetlands Conservation Act (16 U.S.C. 4406(c))
     is amended--
       (1) in paragraph (4), by striking ``and'';
       (2) in paragraph (5), by striking the period at the end and
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) $50,000,000 for each of fiscal years 2014 through
     2019.''.
       (b) Certain Proposed Rule.--For the purposes of
     implementing this Act, during the period of fiscal years 2014
     through 2019, the proposed rule entitled ``Definition of
     `Waters of the United States' Under the Clean Water Act'' (79
     Fed. Reg. 22188 (April 21, 2014)) shall not apply.
                                 ______

  SA 3537. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 2363, to protect and enhance opportunities for
recreational hunting, fishing, and shooting, and for other purposes;
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

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

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

       ``(a) In General.--Except as provided in subsection (c), at
     the request of a State legislature, Governor of a State, or
     the governing body of a federally recognized Indian tribe,
     the Secretary shall allow the State or federally recognized
     Indian tribe to assume all management and protection
     functions under this Act with respect to wild free-roaming
     horses and burros on land within the boundaries of the State
     or federally recognized Indian tribe.
       ``(b) Management.--Beginning on the date on which a State
     or federally recognized Indian tribe assumes the functions
     under subsection (a), the State or federally recognized
     Indian tribe shall manage wild free-roaming horses and burros
     on land within the boundaries of the State or federally
     recognized Indian tribe--
       ``(1) in accordance with this Act; and
       ``(2) in the same manner as any other non-federally
     regulated species with respect to functions not specified in
     this Act.
       ``(c) Inventory.--Notwithstanding the assumption of
     functions by a State or federally recognized Indian tribe
     under subsections (a) and (b), the Secretary shall continue
     to maintain the inventory required by section 3(b)(1).''.
                                 ______

  SA 3538. Mr. JOHANNS (for himself and Mrs. Fischer) submitted an
amendment intended to be proposed by him to the bill S. 2363, to
protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes; which was ordered to lie on the
table; as follows:

       At the end of title II, add the following:

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

       No funds made available under section 101 or the amendments
     made by section 201 or 203 shall be used by the Secretary of
     the Interior to acquire any land or interests in land for the
     Niobrara Confluence and Ponca Bluffs Conservation Areas
     unless the Secretary of the Interior solicits input from, and
     receives the consent of, the Governor and legislature of the
     State in which the land is located with respect to the
     acquisition.
                                 ______

  SA 3539. Mr. HOEVEN submitted an amendment intended to be proposed by
him to the bill S. 2363, to protect and enhance opportunities for
recreational hunting, fishing, and shooting, and for other purposes;
which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 1____. NATIONAL FISH HATCHERY SYSTEM.

       In administering the National Fish Hatchery System, the
     Secretary of the Interior (acting through the Director of the
     United States Fish and Wildlife Service) shall give priority
     to increasing recreational fishing opportunities for the
     public.
                                 ______

  SA 3540. Mrs. GILLIBRAND submitted an amendment intended to be
proposed by her to the bill S. 2363, to protect and enhance
opportunities for recreational hunting, fishing, and

[[Page S4421]]

shooting, and for other purposes; which was ordered to lie on the
table; as follows:

       At the end, add the following:

               TITLE III--ILLEGAL TRAFFICKING IN FIREARMS

     SEC. 301. SHORT TITLE.

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

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

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

     ``Sec. 932. Straw purchasing of firearms

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

     ``Sec. 933. Trafficking in firearms

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

     ``Sec. 934. Forfeiture and fines

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

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

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

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


[[Page S4422]]


     This subsection shall not apply with respect to the sale or
     disposition of a firearm or ammunition to a licensed
     importer, licensed manufacturer, licensed dealer, or licensed
     collector who pursuant to subsection (b) of section 925 is
     not precluded from dealing in firearms or ammunition, or to a
     person who has been granted relief from disabilities pursuant
     to subsection (c) of section 925.''.

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

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

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

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

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

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

     smuggles or knowingly takes out of the United States, a
     firearm or ammunition, or attempts or conspires to do so,
     shall be imprisoned not more than 15 years, fined under this
     title, or both.''.
                                 ______

  SA 3541. Mr. COBURN (for himself and Mr. Warner) submitted an
amendment intended to be proposed by him to the bill S. 2363, to
protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes; which was ordered to lie on the
table; as follows:

       At the end, add the following:

   TITLE III--NATIONAL PARK SYSTEM DONOR CONTRIBUTION ACKNOWLEDGMENT

     SEC. 301. SHORT TITLE.

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

     SEC. 302. DEFINITIONS.

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

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

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

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

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

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

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

  SA 3542. Mr. VITTER (for himself, Mr. Cruz, Mr. Barrasso, and Mr.
Crapo) submitted an amendment intended to be proposed by him to the
bill S. 2363, to protect and enhance opportunities for recreational
hunting, fishing, and shooting, and for other purposes; which was
ordered to lie on the table; as follows:

       At the end, add the following:

[[Page S4423]]

            TITLE III--TERMINATION OF OPERATION CHOKE POINT

     SECTION 301. TERMINATION OF OPERATION CHOKE POINT.

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

  SA 3543. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 2363, to protect and enhance opportunities for
recreational hunting, fishing, and shooting, and for other purposes;
which was ordered to lie on the table; as follows:

       At the end, add the following:

                      TITLE III--FOREST MANAGEMENT

                    Subtitle A--FLAME Act Amendment

     SEC. 301. FINDINGS.

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

     SEC. 302. FLAME ACT AMENDMENT.

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

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

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

     SEC. 303. WILDFIRE DISASTER FUNDING AUTHORITY.

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

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

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

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

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

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

       ``(ii) If the requirements under clause (i)(I) are met for
     a fiscal year, the adjustments for

[[Page S4424]]

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

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

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

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

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

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

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

                 Subtitle B--Forest Treatment Projects

     SEC. 311. DEFINITIONS.

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

     SEC. 312. PROJECTS IN FOREST MANAGEMENT EMPHASIS AREAS.

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

     SEC. 313. ADMINISTRATIVE REVIEW; ARBITRATION.

       (a) Administrative Review.--Administrative review of a
     covered project shall occur only in accordance with the
     special administrative review process established by section
     105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
     6515).
       (b) Arbitration.--
       (1) In general.--There is established in the Department of
     Agriculture a pilot program that--
       (A) authorizes the use of arbitration instead of judicial
     review of a decision made following the special
     administrative review process for a covered project described
     in subsection (a); and
       (B) shall be the sole means to challenge a covered project
     in a Forest Management Emphasis Area during the 15-year
     period beginning on the date that is 60 days after the date
     on which the Secretary assigns the acreage treatment
     requirements under section 312(a)(4)(B).
       (2) Arbitration process procedures.--
       (A) In general.--Any person who sought administrative
     review for a covered project in accordance with subsection
     (a) and who is not satisfied with the decision made under the
     administrative review process may file a demand for
     arbitration in accordance with--
       (i) chapter 1 of title 9, United States Code; and
       (ii) this paragraph.

[[Page S4425]]

       (B) Requirements for demand.--A demand for arbitration
     under subparagraph (A) shall--
       (i) be filed not more than 30 days after the date on which
     the special administrative review decision is issued under
     subsection (a); and
       (ii) include a proposal containing the modifications sought
     to the covered project.
       (C) Intervening parties.--
       (i) Deadline for submission; requirements.--Any person that
     submitted a public comment on the covered project subject to
     the demand for arbitration may intervene in the arbitration
     under this subsection by submitting a proposal endorsing or
     modifying the covered project by the date that is 30 days
     after the date on which the demand for arbitration is filed
     under subparagraph (A).
       (ii) Multiple parties.--Multiple objectors or intervening
     parties that meet the requirements of clause (i) may submit a
     joint proposal under that clause.
       (D) Appointment of arbitrator.--The United States District
     Court in the district in which a covered project subject to a
     demand for arbitration filed under subparagraph (A) is
     located shall appoint an arbitrator to conduct the
     arbitration proceedings in accordance with this subsection.
       (E) Selection of proposals.--
       (i) In general.--An arbitrator appointed under subparagraph
     (D)--

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

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

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

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

     SEC. 314. DISTRIBUTION OF REVENUE.

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

     SEC. 315. PERFORMANCE MEASURES; REPORTING.

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

     SEC. 316. TERMINATION.

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

               Subtitle C--Forest Stewardship Contracting

     SEC. 321. CANCELLATION CEILINGS.

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

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

       ``(ii) Transmittal to omb.--At least 14 days before the
     date on which the Chief and Director enter into an agreement
     or contract under subsection (b), the Chief and Director
     shall transmit to the Director of the Office of Management
     and Budget a copy of the written notice submitted under
     clause (i).''.
                                 ______

  SA 3544. Mr. HEINRICH (for himself and Mr. Tester) submitted an
amendment intended to be proposed by him to the bill S. 2363, to
protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes; which was ordered to lie on the
table; as follows:

       At the end of the bill, add the following:

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

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

       (a) Definition of Indian Tribe.--In this section, the term
     ``Indian tribe'' has the meaning given the term in section 4
     of the Indian Self-Determination and Education Assistance Act
     (25 U.S.C. 450b).
       (b) Effect of Act.--Notwithstanding any other provision of
     law, nothing in this Act or the amendments made by this Act
     affects or modifies any treaty or other right of any Indian
     tribe, including the protection of sacred and cultural areas.
       (c) Duties of the Secretaries With Respect to Treaty
     Rights.--In carrying out this Act or the amendments made by
     this Act, the Secretary of the Interior and the Secretary of
     Agriculture shall take appropriate measures to uphold treaty
     and other rights of Indian tribes, including protecting and
     preserving sacred and cultural areas of Indian tribes located
     on Federal public land.
                                 ______

  SA 3545. Mr. CORNYN (for himself, Mr. Vitter, Mr. Thune, Mr. Blunt,
and Mr. Barrasso) submitted an amendment intended to be proposed by him
to the bill S. 2363, to protect and enhance opportunities for
recreational hunting, fishing, and shooting, and for other purposes;
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Short Title.--This section may be cited as the
     ``Constitutional Concealed Carry Reciprocity Act of 2014''.
       (b) Reciprocity for the Carrying of Certain Concealed
     Firearms.--
       (1) In general.--Chapter 44 of title 18, United States
     Code, is amended by inserting after section 926C the
     following:

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

       ``(a) In General.--Notwithstanding any provision of the law
     of any State or political subdivision thereof to the
     contrary--
       ``(1) an individual who is not prohibited by Federal law
     from possessing, transporting, shipping, or receiving a
     firearm, and who is carrying a government-issued photographic
     identification document and a valid license or permit which
     is issued pursuant to the law of a State and which permits
     the individual to carry a concealed firearm, may possess or
     carry a concealed handgun (other than a machinegun or
     destructive device) that has been shipped or transported in
     interstate or foreign commerce in any State other than the
     State of residence of the individual that--
       ``(A) has a statue that allows residents of the State to
     obtain licenses or permits to carry concealed firearms; or
       ``(B) does not prohibit the carrying of concealed firearms
     by residents of the State for lawful purposes; and

[[Page S4426]]

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

``926D. Reciprocity for the carrying of certain concealed firearms.''.
       (3) Severability.--Notwithstanding any other provision of
     this Act, if any provision of this section, or any amendment
     made by this section, or the application of such provision or
     amendment to any person or circumstance is held to be
     unconstitutional, this section and amendments made by this
     section and the application of such provision or amendment to
     other persons or circumstances shall not be affected thereby.
       (4) Effective date.--The amendments made by this section
     shall take effect 90 days after the date of enactment of this
     Act.
                                 ______

  SA 3546. Mr. WALSH (for himself, Mr. Udall of Colorado, and Mr.
Heinrich) submitted an amendment intended to be proposed to amendment
SA 3456 submitted by Mr. Cruz and intended to be proposed to the bill
S. 2363, to protect and enhance opportunities for recreational hunting,
fishing, and shooting, and for other purposes; which was ordered to lie
on the table; as follows:

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

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

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

  SA 3547. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title V, add the following:

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

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

  SA 3548. Mr. MURPHY submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1087. METHODS FOR VALIDATING CERTAIN SERVICE CONSIDERED
                   TO BE ACTIVE SERVICE BY THE SECRETARY OF
                   VETERANS AFFAIRS.

       (a) Findings.--Congress makes the following findings:
       (1) The Merchant Marine Act, 1936 established the United
     States Maritime Commission, and stated as a matter of policy
     that the United States should have a merchant marine that is
     ``capable of serving as a naval and military auxiliary in
     time of war or national emergency''.
       (2) The Social Security Act Amendments of 1939 (Public Law
     76-379) expanded the definition of employment to include
     service ``on or in connection with an American vessel under
     contract of service which is entered into within the United
     States or during the performance of which the vessel touches
     at a port in the United States, if the employee is employed
     on and in connection with such vessel''.
       (3) The Joint Resolution to repeal sections 2, 3, and 6 of
     the Neutrality Act of 1939, and for other purposes (Public
     Law 77-294; 55 Stat. 764) repealed section 6 of the
     Neutrality Act of 1939 (related to the arming of United
     States vessels) and authorized the President during the
     national emergency to arm or permit to arm any United States
     vessel.
       (4) On February 7, 1942, President Franklin D. Roosevelt,
     through Executive Order Number 9054, established the War
     Shipping Administration that was charged with building or
     purchasing, and operating the civilian shipping vessels
     needed for the war effort.
       (5) During World War II, United States merchant mariners
     transported goods and materials through ``contested waters''
     to the various combat theaters.
       (6) At the conclusion of World War II, United States
     merchant mariners were responsible for transporting several
     million members of the United States Armed Forces back to the
     United States.
       (7) The GI Bill Improvement Act of 1977 (Public Law 95-202)
     provided that the Secretary of Defense could determine that
     service for the Armed Forces by organized groups of
     civilians, or contractors, be considered ``active service''
     for benefits administered by the Veterans Administration.
       (8) Department of Defense Directive 1000.20 directed that
     the determination be made by the Secretary of the Air Force,
     and established the Civilian/Military Service Review Board
     and Advisory Panel.
       (9) In 1987, three merchant mariners along with the AFL-CIO
     sued Edward C. Aldridge, Secretary of the Air Force,
     challenging the denial of their application for veterans
     status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C.
     1987)), the Court determined that Secretary Aldridge had
     failed to ``articulate clear and intelligible criteria for
     the administration'' of the application approval process.
       (10) During World War II, women were repeatedly denied
     issuance of official documentation affirming their merchant
     marine seamen status by the War Shipping Administration.

[[Page S4427]]

       (11) Coast Guard Information Sheet #77 (April 1992)
     identifies the following acceptable forms of documentation
     for eligibility meeting the requirements set forth in GI Bill
     Improvement Act of 1977 (Public Law 95-202) and Veterans
     Programs Enhancement Act of 1998 (Public Law 105-368):
       (A) Certificate of shipping and discharge forms.
       (B) Continuous discharge books (ship's deck or engine
     logbooks).
       (C) Company letters showing vessel names and dates of
     voyages.
       (12) Coast Guard Commandant Order of 20 March, 1944,
     relieved masters of tugs, towboats, and seagoing barges of
     the responsibility of submitting reports of seamen shipped or
     discharged on forms, meaning certificates of shipping and
     discharge forms are not available to all eligible individuals
     seeking to document their eligibility.
       (13) Coast Guard Information Sheet #77 (April 1992) states
     that ``deck logs were traditionally considered to be the
     property of the owners of the ships. After World War II,
     however, the deck and engine logbooks of vessels operated by
     the War Shipping Administration were turned over to that
     agency by the ship owners, and were destroyed during the
     1970s'', meaning that continuous discharge books are not
     available to all eligible individuals seeking to document
     their eligibility.
       (14) Coast Guard Information Sheet #77 (April 1992) states
     ``some World War II period log books do not name ports
     visited during the voyage due to wartime security
     restrictions'', meaning that company letters showing vessel
     names and dates of voyages are not available to all eligible
     individuals seeking to document their eligibility.
       (b) In General.--For the purposes of verifying that an
     individual performed service under honorable conditions that
     satisfies the requirements of a coastwise merchant seaman who
     is recognized pursuant to section 401 of the GI Bill
     Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 106
     note) as having performed active duty service for the
     purposes described in subsection (d)(1), the Secretary of
     Homeland Security shall accept the following:
       (1) In the case of an individual who served on a coastwise
     merchant vessel seeking such recognition for whom no
     applicable Coast Guard shipping or discharge form, ship
     logbook, merchant mariner's document or Z-card, or other
     official employment record is available, the Secretary shall
     provide such recognition on the basis of applicable Social
     Security Administration records submitted for or by the
     individual, together with validated testimony given by the
     individual or the primary next of kin of the individual that
     the individual performed such service during the period
     beginning on December 7, 1941, and ending on December 31,
     1946.
       (2) In the case of an individual who served on a coastwise
     merchant vessel seeking such recognition for whom the
     applicable Coast Guard shipping or discharge form, ship
     logbook, merchant mariner's document or Z-card, or other
     official employment record has been destroyed or otherwise
     become unavailable by reason of any action committed by a
     person responsible for the control and maintenance of such
     form, logbook, or record, the Secretary shall accept other
     official documentation demonstrating that the individual
     performed such service during period beginning on December 7,
     1941, and ending on December 31, 1946.
       (3) For the purpose of determining whether to recognize
     service allegedly performed during the period beginning on
     December 7, 1941, and ending on December 31, 1946, the
     Secretary shall recognize masters of seagoing vessels or
     other officers in command of similarly organized groups as
     agents of the United States who were authorized to document
     any individual for purposes of hiring the individual to
     perform service in the merchant marine or discharging an
     individual from such service.
       (c) Treatment of Other Documentation.--Other documentation
     accepted by the Secretary of Homeland Security pursuant to
     subsection (b)(2) shall satisfy all requirements for
     eligibility of service during the period beginning on
     December 7, 1941, and ending on December 31, 1946.
       (d) Benefits Allowed.--
       (1) Burial benefits eligibility.--Service of an individual
     that is considered active duty pursuant to subsection (b)
     shall be considered as active duty service with respect to
     providing burial benefits under chapters 23 and 24 of title
     38, United States Code, to the individual.
       (2) Medals, ribbons, and decorations.--An individual whose
     service is recognized as active duty pursuant to subsection
     (b) may be awarded an appropriate medal, ribbon, or other
     military decoration based on such service.
       (3) Status of veteran.--An individual whose service is
     recognized as active duty pursuant to subsection (b) shall be
     honored as a veteran but shall not be entitled by reason of
     such recognized service to any benefit that is not described
     in this subsection.
       (e) Determination of Coastwise Merchant Seaman.--The
     Secretary of Homeland Security shall verify that an
     individual performed service under honorable conditions that
     satisfies the requirements of a coastwise merchant seaman
     pursuant to this section without regard to the sex, age, or
     disability of the individual during the period in which the
     individual served as such a coastwise merchant seaman.
       (f) Definition of Primary Next of Kin.--In this section,
     the term ``primary next of kin'' with respect to an
     individual seeking recognition for service under this section
     means the closest living relative of the individual who was
     alive during the period of such service.
       (g) Effective Date.--This section shall take effect 90 days
     after the date of the enactment of this Act.
                                 ______

  SA 3549. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 2244, to extend the termination date of the
Terrorism Insurance Program established under the Terrorism Risk
Insurance Act of 2002, and for other purposes; which was ordered to lie
on the table; as follows:
       On page 4, line 21, strike ``(i)''.
       On page 4, between lines 21 and 22, insert the following:
       (i) in clause (i)--
       On page 4, line 22, strike ``(i)'' and insert ``(I)'' and
     move such subclause 2 ems to the right.
       On page 4, line 23, strike ``(I)'' and insert ``(aa)''and
     move such item 2 ems to the right.
       On page 5, line 1, strike ``(II)'' and insert ``(bb)'' and
     move such item 2 ems to the right.
       On page 5, line 3, strike ``(ii)'' and insert ``(II)'' and
     move such subclause 2 ems to the right.
       On page 5, line 4, strike ``(I)'' and insert ``(aa)'' and
     move such item 2 ems to the right.
       On page 5, line 6, strike ``(II)'' and insert ``(bb)'' and
     move such item 2 ems to the right.
       On page 5, line 8, strike ``(III)'' and insert ``(cc)'' and
     move such item 2 ems to the right.
       On page 5, line 10, strike ``(iii)'' and insert ``(III)''
     and move such subclause 2 ems to the right.
       On page 5, line 11, strike ``(I)'' and insert ``(aa)'' and
     move such item 2 ems to the right.
       On page 5, line 13, strike ``(II)'' and insert ``(bb)'' and
     move such item 2 ems to the right.
       On page 5, line 14, strike the period at the end and insert
     ``; and''.
       On page 5, between lines 14 and 15, insert the following:
       (ii) by adding at the end the following:
       ``(iii) Deadline extensions.--

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

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

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

       ``(aa) justifying the reason for such extension; and
       ``(bb) detailing a plan for the collection of the required
     terrorism loss risk-spreading premiums.''.
                                 ______

  SA 3550. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill S. 2244, to extend the termination date of the
Terrorism Insurance Program established under the Terrorism Risk
Insurance Act of 2002, and for other purposes; which was ordered to lie
on the table; as follows:

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

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

       (a) In General.--The first undesignated paragraph of
     section 10 of the Federal Reserve Act (12 U.S.C. 241) is
     amended by inserting after the second sentence the following:
     ``In selecting members of the Board, the President shall
     appoint at least 1 member with demonstrated primary
     experience working in or supervising community banks having
     less than $10,000,000,000 in total assets.''.
       (b) Effective Date.--The amendment made by this section
     shall take effect on the date of enactment of this Act and
     apply to appointments made on and after that effective date,
     excluding any nomination pending in the Senate on that date.
                                 ______

  SA 3551. Mr. FLAKE submitted an amendment intended to be proposed by
him to the bill S. 2244, to extend the termination date of the
Terrorism Insurance Program established under the Terrorism Risk
Insurance Act of 2002, and for other purposes; which was ordered to lie
on the table; as follows:

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

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

       (a) Finding; Rule of Construction.--
       (1) Finding.--Congress finds that it is desirable to
     encourage the growth of nongovernmental, private market
     reinsurance

[[Page S4428]]

     capacity for protection against losses arising from acts of
     terrorism.
       (2) Rule of construction.--Nothing in this Act, any
     amendment made by this Act, or the Terrorism Risk Insurance
     Act of 2002 (15 U.S.C. 6701 note) shall prohibit insurers
     from developing risk-sharing mechanisms to voluntarily
     reinsure terrorism losses between and among themselves.
       (b) Advisory Committee on Risk-Sharing Mechanisms.--
       (1) Establishment.--The Secretary of the Treasury shall
     establish and appoint an advisory committee to be known as
     the ``Advisory Committee on Risk-Sharing Mechanisms''
     (referred to in this subsection as the ``Advisory
     Committee'').
       (2) Duties.--The Advisory Committee shall provide advice,
     recommendations, and encouragement with respect to the
     creation and development of the nongovernmental risk-sharing
     mechanisms described under subsection (a).
       (3) Membership.--The Advisory Committee shall be composed
     of 9 members who are directors, officers, or other employees
     of insurers, reinsurers, or capital market participants that
     are participating or that desire to participate in the
     nongovernmental risk-sharing mechanisms described under
     subsection (a), and who are representative of the affected
     sectors of the insurance industry, including commercial
     property insurance, commercial casualty insurance,
     reinsurance, and alternative risk transfer industries.
       (c) Effective Date.--The provisions of this section shall
     take effect on January 1, 2015.
                                 ______

  SA 3552. Mr. TESTER (for himself and Mr. Johanns) submitted an
amendment intended to be proposed by him to the bill S. 2244, to extend
the termination date of the Terrorism Insurance Program established
under the Terrorism Risk Insurance Act of 2002, and for other purposes;
which was ordered to lie on the table; as follows:

       At the end, add the following:

    TITLE II--NATIONAL ASSOCIATION OF REGISTERED AGENTS AND BROKERS

     SEC. 201. SHORT TITLE.

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

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

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

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

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

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

     ``SEC. 322. PURPOSE.

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

     ``SEC. 323. MEMBERSHIP.

       ``(a) Eligibility.--
       ``(1) In general.--Any insurance producer licensed in its
     home State shall, subject to paragraphs (2) and (4), be
     eligible to become a member of the Association.
       ``(2) Ineligibility for suspension or revocation of
     license.--Subject to paragraph (3), an insurance producer is
     not eligible to become a member of the Association if a State
     insurance regulator has suspended or revoked the insurance
     license of the insurance producer in that State.
       ``(3) Resumption of eligibility.--Paragraph (2) shall cease
     to apply to any insurance producer if--
       ``(A) the State insurance regulator reissues or renews the
     license of the insurance producer in the State in which the
     license was suspended or revoked, or otherwise terminates or
     vacates the suspension or revocation; or
       ``(B) the suspension or revocation expires or is
     subsequently overturned by a court of competent jurisdiction.
       ``(4) Criminal history record check required.--
       ``(A) In general.--An insurance producer who is an
     individual shall not be eligible to become a member of the
     Association unless the insurance producer has undergone a
     criminal history record check that complies with regulations
     prescribed by the Attorney General of the United States under
     subparagraph (K).
       ``(B) Criminal history record check requested by home
     state.--An insurance producer who is licensed in a State and
     who has undergone a criminal history record check during the
     2-year period preceding the date of submission of an
     application to become a member of the Association, in
     compliance with a requirement to undergo such criminal
     history record check as a condition for such licensure in the
     State, shall be deemed to have undergone a criminal history
     record check for purposes of subparagraph (A).
       ``(C) Criminal history record check requested by
     association.--
       ``(i) In general.--The Association shall, upon request by
     an insurance producer licensed in a State, submit
     fingerprints or other identification information obtained
     from the insurance producer, and a request for a criminal
     history record check of the insurance producer, to the
     Federal Bureau of Investigation.
       ``(ii) Procedures.--The board of directors of the
     Association (referred to in this subtitle as the `Board')
     shall prescribe procedures for obtaining and utilizing
     fingerprints or other identification information and criminal
     history record information, including the establishment of
     reasonable fees to defray the expenses of the Association in
     connection with the performance of a criminal history record
     check and appropriate safeguards for maintaining
     confidentiality and security of the information. Any fees
     charged pursuant to this clause shall be separate and
     distinct from those charged by the Attorney General pursuant
     to subparagraph (I).
       ``(D) Form of request.--A submission under subparagraph
     (C)(i) shall include such fingerprints or other
     identification information as is required by the Attorney
     General concerning the person about whom the criminal history
     record check is requested, and a statement signed by the
     person authorizing the Attorney General to provide the
     information to the Association and for the Association to
     receive the information.
       ``(E) Provision of information by attorney general.--Upon
     receiving a submission under subparagraph (C)(i) from the
     Association, the Attorney General shall search all criminal
     history records of the Federal Bureau of Investigation,
     including records of the Criminal Justice Information
     Services Division of the Federal Bureau of Investigation,
     that the Attorney General determines appropriate for criminal
     history records corresponding to the fingerprints or other
     identification information provided under subparagraph (D)
     and provide all criminal history record information included
     in the request to the Association.
       ``(F) Limitation on permissible uses of information.--Any
     information provided to the Association under subparagraph
     (E) may only--
       ``(i) be used for purposes of determining compliance with
     membership criteria established by the Association;
       ``(ii) be disclosed to State insurance regulators, or
     Federal or State law enforcement agencies, in conformance
     with applicable law; or
       ``(iii) be disclosed, upon request, to the insurance
     producer to whom the criminal history record information
     relates.
       ``(G) Penalty for improper use or disclosure.--Whoever
     knowingly uses any information provided under subparagraph
     (E) for a purpose not authorized in subparagraph (F), or
     discloses any such information to anyone not authorized to
     receive it, shall be fined not more than $50,000 per
     violation as determined by a court of competent jurisdiction.
       ``(H) Reliance on information.--Neither the Association nor
     any of its Board members, officers, or employees shall be
     liable in any action for using information provided under
     subparagraph (E) as permitted under subparagraph (F) in good
     faith and in reasonable reliance on its accuracy.
       ``(I) Fees.--The Attorney General may charge a reasonable
     fee for conducting the search and providing the information
     under subparagraph (E), and any such fee shall be collected
     and remitted by the Association to the Attorney General.
       ``(J) Rule of construction.--Nothing in this paragraph
     shall be construed as--
       ``(i) requiring a State insurance regulator to perform
     criminal history record checks under this section; or
       ``(ii) limiting any other authority that allows access to
     criminal history records.
       ``(K) Regulations.--The Attorney General shall prescribe
     regulations to carry out this paragraph, which shall
     include--
       ``(i) appropriate protections for ensuring the
     confidentiality of information provided under subparagraph
     (E); and
       ``(ii) procedures providing a reasonable opportunity for an
     insurance producer to contest the accuracy of information
     regarding the insurance producer provided under subparagraph
     (E).
       ``(L) Ineligibility for membership.--

[[Page S4429]]

       ``(i) In general.--The Association may, under reasonably
     consistently applied standards, deny membership to an
     insurance producer on the basis of criminal history record
     information provided under subparagraph (E), or where the
     insurance producer has been subject to disciplinary action,
     as described in paragraph (2).
       ``(ii) Rights of applicants denied membership.--The
     Association shall notify any insurance producer who is denied
     membership on the basis of criminal history record
     information provided under subparagraph (E) of the right of
     the insurance producer to--

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

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

[[Page S4430]]

       ``(3) Reporting.--The Association shall immediately notify
     the States (including State insurance regulators) and the
     NAIC when the membership of an insurance producer has been
     placed on probation or has been suspended, revoked, or
     otherwise terminated, or when the Association has assessed
     monetary fines or penalties.
       ``(i) Consumer Complaints.--
       ``(1) In general.--The Association shall--
       ``(A) refer any complaint against a member of the
     Association from a consumer relating to alleged misconduct or
     violations of State insurance laws to the State insurance
     regulator where the consumer resides and, when appropriate,
     to any additional State insurance regulator, as determined by
     standards adopted by the Association; and
       ``(B) make any related records and information available to
     each State insurance regulator to whom the complaint is
     forwarded.
       ``(2) Telephone and other access.--The Association shall
     maintain a toll-free number for purposes of this subsection
     and, as practicable, other alternative means of communication
     with consumers, such as an Internet webpage.
       ``(3) Final disposition of investigation.--State insurance
     regulators shall provide the Association with information
     regarding the final disposition of a complaint referred
     pursuant to paragraph (1)(A), but nothing shall be construed
     to compel a State to release confidential investigation
     reports or other information protected by State law to the
     Association.
       ``(j) Information Sharing.--The Association may--
       ``(1) share documents, materials, or other information,
     including confidential and privileged documents, with a
     State, Federal, or international governmental entity or with
     the NAIC or other appropriate entity referenced in paragraphs
     (3) and (4), provided that the recipient has the authority
     and agrees to maintain the confidentiality or privileged
     status of the document, material, or other information;
       ``(2) limit the sharing of information as required under
     this subtitle with the NAIC or any other non-governmental
     entity, in circumstances under which the Association
     determines that the sharing of such information is
     unnecessary to further the purposes of this subtitle;
       ``(3) establish a central clearinghouse, or utilize the
     NAIC or another appropriate entity, as determined by the
     Association, as a central clearinghouse, for use by the
     Association and the States (including State insurance
     regulators), through which members of the Association may
     disclose their intent to operate in 1 or more States and pay
     the licensing fees to the appropriate States; and
       ``(4) establish a database, or utilize the NAIC or another
     appropriate entity, as determined by the Association, as a
     database, for use by the Association and the States
     (including State insurance regulators) for the collection of
     regulatory information concerning the activities of insurance
     producers.
       ``(k) Effective Date.--The provisions of this section shall
     take effect on the later of--
       ``(1) the expiration of the 2-year period beginning on the
     date of enactment of the National Association of Registered
     Agents and Brokers Reform Act of 2014; and
       ``(2) the date of incorporation of the Association.

     ``SEC. 324. BOARD OF DIRECTORS.

       ``(a) Establishment.--There is established a board of
     directors of the Association, which shall have authority to
     govern and supervise all activities of the Association.
       ``(b) Powers.--The Board shall have such of the powers and
     authority of the Association as may be specified in the
     bylaws of the Association.
       ``(c) Composition.--
       ``(1) In general.--The Board shall consist of 13 members
     who shall be appointed by the President, by and with the
     advice and consent of the Senate, in accordance with the
     procedures established under Senate Resolution 116 of the
     112th Congress, of whom--
       ``(A) 8 shall be State insurance commissioners appointed in
     the manner provided in paragraph (2), 1 of whom shall be
     designated by the President to serve as the chairperson of
     the Board until the Board elects one such State insurance
     commissioner Board member to serve as the chairperson of the
     Board;
       ``(B) 3 shall have demonstrated expertise and experience
     with property and casualty insurance producer licensing; and
       ``(C) 2 shall have demonstrated expertise and experience
     with life or health insurance producer licensing.
       ``(2) State insurance regulator representatives.--
       ``(A) Recommendations.--Before making any appointments
     pursuant to paragraph (1)(A), the President shall request a
     list of recommended candidates from the States through the
     NAIC, which shall not be binding on the President. If the
     NAIC fails to submit a list of recommendations not later than
     15 business days after the date of the request, the President
     may make the requisite appointments without considering the
     views of the NAIC.
       ``(B) Political affiliation.--Not more than 4 Board members
     appointed under paragraph (1)(A) shall belong to the same
     political party.
       ``(C) Former state insurance commissioners.--
       ``(i) In general.--If, after offering each currently
     serving State insurance commissioner an appointment to the
     Board, fewer than 8 State insurance commissioners have
     accepted appointment to the Board, the President may appoint
     the remaining State insurance commissioner Board members, as
     required under paragraph (1)(A), of the appropriate political
     party as required under subparagraph (B), from among
     individuals who are former State insurance commissioners.
       ``(ii) Limitation.--A former State insurance commissioner
     appointed as described in clause (i) may not be employed by
     or have any present direct or indirect financial interest in
     any insurer, insurance producer, or other entity in the
     insurance industry, other than direct or indirect ownership
     of, or beneficial interest in, an insurance policy or annuity
     contract written or sold by an insurer.
       ``(D) Service through term.--If a Board member appointed
     under paragraph (1)(A) ceases to be a State insurance
     commissioner during the term of the Board member, the Board
     member shall cease to be a Board member.
       ``(3) Private sector representatives.--In making any
     appointment pursuant to subparagraph (B) or (C) of paragraph
     (1), the President may seek recommendations for candidates
     from groups representing the category of individuals
     described, which shall not be binding on the President.
       ``(4) State insurance commissioner defined.--For purposes
     of this subsection, the term `State insurance commissioner'
     means a person who serves in the position in State
     government, or on the board, commission, or other body that
     is the primary insurance regulatory authority for the State.
       ``(d) Terms.--
       ``(1) In general.--Except as provided under paragraph (2),
     the term of service for each Board member shall be 2 years.
       ``(2) Exceptions.--
       ``(A) 1-year terms.--The term of service shall be 1 year,
     as designated by the President at the time of the nomination
     of the subject Board members for--
       ``(i) 4 of the State insurance commissioner Board members
     initially appointed under paragraph (1)(A), of whom not more
     than 2 shall belong to the same political party;
       ``(ii) 1 of the Board members initially appointed under
     paragraph (1)(B); and
       ``(iii) 1 of the Board members initially appointed under
     paragraph (1)(C).
       ``(B) Expiration of term.--A Board member may continue to
     serve after the expiration of the term to which the Board
     member was appointed for the earlier of 2 years or until a
     successor is appointed.
       ``(C) Mid-term appointments.--A Board member appointed to
     fill a vacancy occurring before the expiration of the term
     for which the predecessor of the Board member was appointed
     shall be appointed only for the remainder of that term.
       ``(3) Successive terms.--Board members may be reappointed
     to successive terms.
       ``(e) Initial Appointments.--The appointment of initial
     Board members shall be made no later than 90 days after the
     date of enactment of the National Association of Registered
     Agents and Brokers Reform Act of 2014.
       ``(f) Meetings.--
       ``(1) In general.--The Board shall meet--
       ``(A) at the call of the chairperson;
       ``(B) as requested in writing to the chairperson by not
     fewer than 5 Board members; or
       ``(C) as otherwise provided by the bylaws of the
     Association.
       ``(2) Quorum required.--A majority of all Board members
     shall constitute a quorum.
       ``(3) Voting.--Decisions of the Board shall require the
     approval of a majority of all Board members present at a
     meeting, a quorum being present.
       ``(4) Initial meeting.--The Board shall hold its first
     meeting not later than 45 days after the date on which all
     initial Board members have been appointed.
       ``(g) Restriction on Confidential Information.--Board
     members appointed pursuant to subparagraphs (B) and (C) of
     subsection (c)(1) shall not have access to confidential
     information received by the Association in connection with
     complaints, investigations, or disciplinary proceedings
     involving insurance producers.
       ``(h) Ethics and Conflicts of Interest.--The Board shall
     issue and enforce an ethical conduct code to address
     permissible and prohibited activities of Board members and
     Association officers, employees, agents, or consultants. The
     code shall, at a minimum, include provisions that prohibit
     any Board member or Association officer, employee, agent or
     consultant from--
       ``(1) engaging in unethical conduct in the course of
     performing Association duties;
       ``(2) participating in the making or influencing the making
     of any Association decision, the outcome of which the Board
     member, officer, employee, agent, or consultant knows or had
     reason to know would have a reasonably foreseeable material
     financial effect, distinguishable from its effect on the
     public generally, on the person or a member of the immediate
     family of the person;
       ``(3) accepting any gift from any person or entity other
     than the Association that is given because of the position
     held by the person in the Association;
       ``(4) making political contributions to any person or
     entity on behalf of the Association; and
       ``(5) lobbying or paying a person to lobby on behalf of the
     Association.
       ``(i) Compensation.--
       ``(1) In general.--Except as provided in paragraph (2), no
     Board member may receive

[[Page S4431]]

     any compensation from the Association or any other person or
     entity on account of Board membership.
       ``(2) Travel expenses and per diem.--Board members may be
     reimbursed only by the Association for travel expenses,
     including per diem in lieu of subsistence, at rates
     consistent with rates authorized for employees of Federal
     agencies under subchapter I of chapter 57 of title 5, United
     States Code, while away from home or regular places of
     business in performance of services for the Association.

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

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

     ``SEC. 326. POWERS.

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

     ``SEC. 327. REPORT BY THE ASSOCIATION.

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

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

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

     ``SEC. 329. PRESIDENTIAL OVERSIGHT.

       ``(a) Removal of Board.--If the President determines that
     the Association is acting in a manner contrary to the
     interests of the public or the purposes of this subtitle or
     has failed to perform its duties under this subtitle, the
     President may remove the entire existing Board for the
     remainder of the term to which the Board members were
     appointed and appoint, in accordance with section 324 and
     with the advice and consent of the Senate, in accordance with
     the procedures established under Senate Resolution 116 of the
     112th Congress, new Board members to fill the vacancies on
     the Board for the remainder of the terms.
       ``(b) Removal of Board Member.--The President may remove a
     Board member only for neglect of duty or malfeasance in
     office.
       ``(c) Suspension of Bylaws and Standards and Prohibition of
     Actions.--Following notice to the Board, the President, or a
     person designated by the President for such purpose, may
     suspend the effectiveness of any bylaw or standard, or
     prohibit any action, of the Association that the President or
     the designee determines is contrary to the purposes of this
     subtitle.

     ``SEC. 330. RELATIONSHIP TO STATE LAW.

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

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

       ``The Association shall coordinate with the Financial
     Industry Regulatory Authority in

[[Page S4432]]

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

     ``SEC. 332. RIGHT OF ACTION.

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

     ``SEC. 333. FEDERAL FUNDING PROHIBITED.

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

     ``SEC. 334. DEFINITIONS.

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

     ``SEC. 335. SUNSET.

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

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

``Sec. 321. National Association of Registered Agents and Brokers.
``Sec. 322. Purpose.
``Sec. 323. Membership.
``Sec. 324. Board of directors.
``Sec. 325. Bylaws, standards, and disciplinary actions.
``Sec. 326. Powers.
``Sec. 327. Report by the Association.
``Sec. 328. Liability of the Association and the Board members,
              officers, and employees of the Association.
``Sec. 329. Presidential oversight.
``Sec. 330. Relationship to State law.
``Sec. 331. Coordination with Financial Industry Regulatory Authority.
``Sec. 332. Right of action.
``Sec. 333. Federal funding prohibited.
``Sec. 334. Definitions.
``Sec. 335. Sunset.''.
                                 ______

  SA 3553. Mr. REID (for Mr. Menendez) proposed an amendment to the
resolution S. Res. 412, reaffirming the strong support of the United
States Government for freedom of navigation and other internationally
lawful uses of sea and airspace in the Asia-Pacific region, and for the
peaceful diplomatic resolution of outstanding territorial and maritime
claims and disputes; as follows:

       On page 13, line 24, strike ``HD-981'' and insert ``Hai
     Yang Shi You 981 (HD-981)''.
                                 ______

  SA 3554. Mr. REID (for Mr. Paul) proposed an amendment to the
resolution S. Res. 412, reaffirming the strong support of the United
States Government for freedom of navigation and other internationally
lawful uses of sea and airspace in the Asia-Pacific region, and for the
peaceful diplomatic resolution of outstanding territorial and maritime
claims and disputes; as follows:

       At the end, add the following:

     SEC. 3. RULE OF CONSTRUCTION.

       Nothing in this resolution shall be construed as a
     declaration of war or authorization to use force.
                                 ______

  SA 3555. Mr. REID (for Mr. Menendez) proposed an amendment to the
resolution S. Res. 412, reaffirming the strong support of the United
States Government for freedom of navigation and other internationally
lawful uses of sea and airspace in the Asia-Pacific region, and for the
peaceful diplomatic resolution of outstanding territorial and maritime
claims and disputes; as follows:

       Beginning in the thirteenth whereas clause of the preamble,
     strike ``Organization's'' and all that follows through ``Law
     of the Sea'' in the forty-seventh whereas clause and insert
     the following: ``Organization and thereby are a departure
     from accepted practice;
       Whereas the Chicago Convention of the International Civil
     Aviation Organization distinguishes between civilian aircraft
     and state aircraft and provides for the specific obligations
     of state parties, consistent with customary law, to ``refrain
     from resorting to the use of weapons against civil aircraft
     in flight and . . . in case of interception, the lives of
     persons on board and the safety of aircraft must not be
     endangered'';
       Whereas international civil aviation is regulated by
     international agreements, including standards and regulations
     set by ICAO for aviation safety, security, efficiency and
     regularity, as well as for aviation environmental protection;
       Whereas, in accordance with the norm of airborne innocent
     passage, the United States does not recognize the right of a
     coastal nation to apply its ADIZ procedures to foreign state
     aircraft not intending to enter national airspace nor does
     the United States apply its ADIZ procedures to foreign state
     aircraft not intending to enter United States airspace;
       Whereas the United States Government expressed profound
     concerns with China's unilateral, provocative, dangerous, and
     destabilizing declaration of such a zone, including the
     potential for misunderstandings and miscalculations by
     aircraft operating lawfully in international airspace;
       Whereas the People's Republic of China's declaration of an
     ADIZ in the East China Sea will not alter how the United
     States Government conducts operations in the region or the
     unwavering United States commitment to peace, security and
     stability in the Asia-Pacific region;
       Whereas the Government of Japan expressed deep concern
     about the People's Republic of China's declaration of such a
     zone, regarding it as an effort to unduly infringe upon the
     freedom of flight in international airspace and to change the
     status quo that could escalate tensions and potentially cause
     unintentional consequences in the East China Sea;
       Whereas the Government of the Republic of Korea has
     expressed concern over China's declared ADIZ, and on December
     9, 2013, announced an adjustment to its longstanding Air
     Defense Identification Zone, which does not encompass
     territory administered by another country, and did so only
     after undertaking a deliberate process of consultations with
     the United States, Japan, and China;
       Whereas the Government of the Philippines has stressed that
     China's declared ADIZ seeks to transfer an entire air zone
     into Chinese domestic airspace, infringes on freedom of
     flight in international airspace, and compromises the safety
     of civil aviation and the national security of affected
     states, and has called on China to ensure that its actions do
     not jeopardize regional security and stability;
       Whereas, on November 26, 2013, the Government of Australia
     made clear in a statement its opposition to any coercive or
     unilateral actions to change the status quo in the East China
     Sea;
       Whereas, on March 10, 2014, the United States Government
     and the Government of Japan jointly submitted a letter to the
     ICAO Secretariat regarding the issue of freedom of overflight
     by civil aircraft in international airspace and the effective
     management of civil air traffic within allocated Flight
     Information Regions (FIR);
       Whereas Indonesia Foreign Minister Marty Natalegawa, in a
     hearing before the Committee on Defense and Foreign Affairs
     on February 18, 2014, stated, ``We have firmly told China we
     will not accept a similar [Air Defense Identification] Zone
     if it is adopted in the South China Sea. And the signal we

[[Page S4433]]

     have received thus far is, China does not plan to adopt a
     similar Zone in the South China Sea.'';
       Whereas over half the world's merchant tonnage flows
     through the South China Sea, and over 15,000,000 barrels of
     oil per day transit the Strait of Malacca, fueling economic
     growth and prosperity throughout the Asia-Pacific region;
       Whereas the increasing frequency and assertiveness of
     patrols and competing regulations over disputed territory and
     maritime areas and airspace in the South China Sea and the
     East China Sea are raising tensions and increasing the risk
     of confrontation;
       Whereas the Association of Southeast Asian Nations (ASEAN)
     has promoted multilateral talks on disputed areas without
     settling the issue of sovereignty, and in 2002 joined with
     China in signing a Declaration on the Conduct of Parties in
     the South China Sea that committed all parties to those
     territorial disputes to ``reaffirm their respect for and
     commitment to the freedom of navigation in and over flight
     above the South China Sea as provided for by the universally
     recognized principles of international law'' and to ``resolve
     their territorial and jurisdictional disputes by peaceful
     means, without resorting to the threat or use of force'';
       Whereas ASEAN and China committed in 2002 to develop an
     effective Code of Conduct when they adopted the Declaration
     on the Conduct of Parties in the South China Sea, yet
     negotiations are irregular and little progress has been made;
       Whereas, in recent years, there have been numerous
     dangerous and destabilizing incidents in waters near the
     coasts of the Philippines, China, Malaysia, and Vietnam;
       Whereas the United States Government is deeply concerned
     about unilateral actions by any claimant seeking to change
     the status quo through the use of coercion, intimidation, or
     military force, including the continued restrictions on
     access to Scarborough Reef and pressure on long-standing
     Philippine presence at the Second Thomas Shoal by the
     People's Republic of China; actions by any state to prevent
     any other state from exercising its sovereign rights to the
     resources of the exclusive economic zone (EEZ) and
     continental shelf by making claims to those areas that have
     no support in international law; declarations of
     administrative and military districts in contested areas in
     the South China Sea; and the imposition of new fishing
     regulations covering disputed areas, which have raised
     tensions in the region;
       Whereas international law is important to safeguard the
     rights and freedoms of all states in the Asia-Pacific region,
     and the lack of clarity in accordance with international law
     by claimants with regard to their South China Sea claims can
     create uncertainty, insecurity, and instability;
       Whereas the United States Government opposes the use of
     intimidation, coercion, or force to assert a territorial
     claim in the South China Sea;
       Whereas claims in the South China Sea must accord with
     international law, and those that are not derived from land
     features are fundamentally flawed;
       Whereas ASEAN issued Six-Point Principles on the South
     China Sea on July 20, 2012, whereby ASEAN's Foreign Ministers
     reiterated and reaffirmed ``the commitment of ASEAN Member
     States to: . . . 1. the full implementation of the
     Declaration on the Conduct of Parties in the South China Sea
     (2002); . . . 2. the Guidelines for the Implementation of the
     Declaration on the Conduct of Parties in the South China Sea
     (2011); . . . 3. the early conclusion of a Regional Code of
     Conduct in the South China Sea; . . . 4. the full respect of
     the universally recognized principles of International Law,
     including the 1982 United Nations Convention on the Law of
     the Sea (UNCLOS); . . . 5. the continued exercise of self-
     restraint and non-use of force by all parties; and . . . 6.
     the peaceful resolution of disputes, in accordance with
     universally recognized principles of International Law,
     including the 1982 United Nations Convention on the Law of
     the Sea (UNCLOS).'';
       Whereas, in 2013, the Republic of the Philippines properly
     exercised its rights to peaceful settlement mechanisms with
     the filing of arbitration case under Article 287 and Annex
     VII of the Convention on the Law of the Sea in order to
     achieve a peaceful and durable solution to the dispute, and
     the United States hopes that all parties in any dispute
     ultimately abide by the rulings of internationally recognized
     dispute-settlement bodies;
       Whereas China and Japan are the world's second and third
     largest economies, and have a shared interest in preserving
     stable maritime domains to continue to support economic
     growth;
       Whereas there has been an unprecedented increase in
     dangerous activities by Chinese maritime agencies in areas
     near the Senkaku islands, including between 6 and 25 ships of
     the Government of China intruding into the Japanese
     territorial sea each month since September 2012, between 26
     and 124 ships entering the ``contiguous zone'' in the same
     time period, and 9 ships intruding into the territorial sea
     and 33 ships entering in the contiguous zone in February
     2014;
       Whereas, although the United States Government does not
     take a position on the ultimate sovereignty of the Senkaku
     Islands, the United States Government acknowledges that they
     are under the administration of Japan and opposes any
     unilateral actions that would seek to undermine such
     administration;
       Whereas the United States Senate has previously affirmed
     that the unilateral actions of a third party will not affect
     the United States acknowledgment of the administration of
     Japan over the Senkaku Islands;
       Whereas the United States remains committed under the
     Treaty of Mutual Cooperation and Security to respond to any
     armed attack in the territories under the administration of
     Japan, has urged all parties to take steps to prevent
     incidents and manage disagreements through peaceful means,
     and commends the Government of Japan for its restrained
     approach in this regard;
       Whereas both the United States and the People's Republic of
     China are parties to and are obligated to observe the rules
     of the Convention on the International Regulations for
     Preventing Collisions at Sea, done at London October 12, 1972
     (COLREGs);
       Whereas, on December 5, 2013, the USS Cowpens was lawfully
     operating in international waters in the South China Sea when
     a People's Liberation Army Navy vessel reportedly crossed its
     bow at a distance of less than 500 yards and stopped in the
     water, forcing the USS Cowpens to take evasive action to
     avoid a collision;
       Whereas the reported actions taken by the People's
     Liberation Army Navy vessel in the USS Cowpens' incident, as
     publicly reported, appear contrary to the international legal
     obligations of the People's Republic of China under COLREGs;
       Whereas, on May 1, 2014, the People's Republic of China's
     state-owned energy company, CNOOC, placed its deepwater semi-
     submersible drilling rig Hai Yang Shi You 981 (HD-981),
     accompanied by over 25 Chinese ships, in Block 143, 120
     nautical miles off Vietnam's coastline;
       Whereas, from May 1 to May 9, 2014, the number of Chinese
     vessels escorting Hai Yang Shi You 981 (HD-981) increased to
     more than 80, including seven military ships, which
     aggressively patrolled and intimidated Vietnamese Coast Guard
     ships in violation of COLREGS, reportedly intentionally
     rammed multiple Vietnamese vessels, and used helicopters and
     water cannons to obstruct others;
       Whereas, on May 5, 2014, vessels from the Maritime Safety
     Administration of China (MSAC) established an exclusion zone
     with a radius of three nautical miles around Hai Yang Shi You
     981 (HD-981), which undermines maritime safety in the area
     and is in violation of universally recognized principles of
     international law;
       Whereas China's territorial claims and associated maritime
     actions in support of the drilling activity that Hai Yang Shi
     You 981 (HD-981) commenced on May 1, 2014, have not been
     clarified under international law
  SA 3556. Mr. REID (for Mr. Blunt) proposed an amendment to the bill
S. 653, to provide for the establishment of the Special Envoy to
Promote Religious Freedom of Religious Minorities in the Near East and
South Central Asia; as follows:

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

     SEC. 6. SUNSET.

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

     SEC. 7. FUNDING.

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

                          ____________________