[Congressional Record Volume 160, Number 145 (Tuesday, December 2, 2014)]
[Senate]
[Pages S6263-S6271]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3965. Mr. WARNER (for himself, Mr. Vitter, Mr. Kaine, and Mr. 
Cardin) proposed an amendment to the bill S. 1000, to require the 
Director of the Office of Management and Budget to prepare a crosscut 
budget for restoration activities in the Chesapeake Bay watershed, and 
for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Chesapeake Bay 
     Accountability and Recovery Act of 2014''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Chesapeake bay state.--The term ``Chesapeake Bay 
     State'' or ``State'' means any of--
       (A) the States of Maryland, West Virginia, Delaware, and 
     New York;
       (B) the Commonwealths of Virginia and Pennsylvania; and
       (C) the District of Columbia.
       (3) Chesapeake bay watershed.--The term ``Chesapeake Bay 
     watershed'' means all tributaries, backwaters, and side 
     channels, including watersheds, draining into the Chesapeake 
     Bay.
       (4) Chesapeake executive council.--The term ``Chesapeake 
     Executive Council'' has the meaning given the term by section 
     117(a) of the Federal Water Pollution Control Act (33 U.S.C. 
     1267(a)).
       (5) Chief executive.--The term ``chief executive'' means, 
     in the case of a State or Commonwealth, the Governor of the 
     State or Commonwealth and, in the case of the District of 
     Columbia, the Mayor of the District of Columbia.
       (6) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (7) Federal restoration activity.--
       (A) In general.--The term ``Federal restoration activity'' 
     means a Federal program or project carried out under Federal 
     authority in existence as of the date of enactment of this 
     Act with the express intent to directly protect, conserve, or 
     restore living resources, habitat, water resources, or water 
     quality in the Chesapeake Bay watershed, including programs 
     or projects that provide financial and technical assistance 
     to promote responsible land use, stewardship, and community 
     engagement in the Chesapeake Bay watershed.
       (B) Categorization.--Federal restoration activities may be 
     categorized as follows:
       (i) Physical restoration.
       (ii) Planning.
       (iii) Feasibility studies.
       (iv) Scientific research.
       (v) Monitoring.
       (vi) Education.
       (vii) Infrastructure development.
       (8) State restoration activity.--
       (A) In general.--The term ``State restoration activity'' 
     means any State program or project carried out under State 
     authority that directly or indirectly protect, conserve, or 
     restore living resources, habitat, water resources, or water 
     quality in the Chesapeake Bay watershed, including programs 
     or projects that promote responsible land use, stewardship, 
     and community engagement in the Chesapeake Bay watershed.
       (B) Categorization.--State restoration activities may be 
     categorized as follows:
       (i) Physical restoration.
       (ii) Planning.
       (iii) Feasibility studies.
       (iv) Scientific research.
       (v) Monitoring.
       (vi) Education.
       (vii) Infrastructure development.

     SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET.

       (a) In General.--The Director, in consultation with the 
     Chesapeake Executive Council, the chief executive of each 
     Chesapeake Bay State, and the Chesapeake Bay Commission, 
     shall submit to Congress a financial report containing--
       (1) an interagency crosscut budget that displays, as 
     applicable--
       (A) the proposed funding for any Federal restoration 
     activity to be carried out in the succeeding fiscal year, 
     including any planned interagency or intra-agency transfer, 
     for each of the Federal agencies that carry out restoration 
     activities;
       (B) to the extent that information is available, the 
     estimated funding for any State restoration activity to be 
     carried out in the succeeding fiscal year;
       (C) all expenditures for Federal restoration activities 
     from the preceding 2 fiscal years, the current fiscal year, 
     and the succeeding fiscal year;
       (D) all expenditures, to the extent that information is 
     available, for State restoration activities during the 
     equivalent time period described in subparagraph (C); and
       (E) a section that identifies and evaluates, based on need 
     and appropriateness, specific opportunities to consolidate 
     similar programs and activities within the budget and 
     recommendations to Congress for legislative action to 
     streamline, consolidate, or eliminate similar programs and 
     activities within the budget;
       (2) a detailed accounting of all funds received and 
     obligated by each Federal agency for restoration activities 
     during the current and preceding fiscal years, including the 
     identification of funds that were transferred to a Chesapeake 
     Bay State for restoration activities;
       (3) to the extent that information is available, a detailed 
     accounting from each State of all funds received and 
     obligated from a Federal agency for restoration activities 
     during the current and preceding fiscal years; and
       (4) a description of each of the proposed Federal and State 
     restoration activities to be carried out in the succeeding 
     fiscal year (corresponding to those activities listed in 
     subparagraphs (A) and (B) of paragraph (1)), including--
       (A) the project description;
       (B) the current status of the project;
       (C) the Federal or State statutory or regulatory authority, 
     program, or responsible agency;
       (D) the authorization level for appropriations;
       (E) the project timeline, including benchmarks;
       (F) references to project documents;
       (G) descriptions of risks and uncertainties of project 
     implementation;
       (H) a list of coordinating entities;
       (I) a description of the funding history for the project;
       (J) cost sharing; and
       (K) alignment with the existing Chesapeake Bay Agreement, 
     Chesapeake Executive Council goals and priorities, and Annual 
     Action Plan required by section 205 of Executive Order 13508 
     (33 U.S.C. 1267 note; relating to Chesapeake Bay protection 
     and restoration).
       (b) Minimum Funding Levels.--In describing restoration 
     activities in the report required under subsection (a), the 
     Director shall only include--
       (1) for the first 3 years that the report is required, 
     descriptions of--
       (A) Federal restoration activities that have funding 
     amounts greater than or equal to $300,000; and
       (B) State restoration activities that have funding amounts 
     greater than or equal to $300,000; and
       (2) for every year thereafter, descriptions of--
       (A) Federal restoration activities that have funding 
     amounts greater than or equal to $100,000; and
       (B) State restoration activities that have funding amounts 
     greater than or equal to $100,000.
       (c) Deadline.--The Director shall submit to Congress the 
     report required by subsection (a) not later than September 30 
     of each year.
       (d) Report.--Copies of the report required by subsection 
     (a) shall be submitted to the Committees on Appropriations, 
     Natural Resources, Energy and Commerce, and Transportation 
     and Infrastructure of the House of Representatives and the 
     Committees on Appropriations, Environment and Public Works, 
     and Commerce, Science, and Transportation of the Senate.
       (e) Effective Date.--This section shall apply beginning 
     with the first fiscal year after the date of enactment of 
     this Act.

[[Page S6264]]

     SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM.

       (a) In General.--There shall be an Independent Evaluator 
     for restoration activities in the Chesapeake Bay watershed, 
     who shall review and report on--
       (1) restoration activities; and
       (2) any related topics that are suggested by the Chesapeake 
     Executive Council.
       (b) Appointment.--
       (1) In general.--Not later than 30 days after the date of 
     submission of nominees by the Chesapeake Executive Council, 
     the Independent Evaluator shall be appointed by the 
     Administrator from among nominees submitted by the Chesapeake 
     Executive Council with the consultation of the scientific 
     community.
       (2) Nominations.--The Chesapeake Executive Council may 
     nominate for consideration as Independent Evaluator a 
     science-based institution of higher education.
       (3) Requirements.--The Administrator shall only select as 
     Independent Evaluator a nominee that the Administrator 
     determines demonstrates excellence in marine science, policy 
     evaluation, or other studies relating to complex 
     environmental restoration activities.
       (c) Reports.--Not later than 180 days after the date of 
     appointment and once every 2 years thereafter, the 
     Independent Evaluator shall submit to Congress a report 
     describing the findings and recommendations of reviews 
     conducted under subsection (a).

     SEC. 5. PROHIBITION ON NEW FUNDING.

       No additional funds are authorized to be appropriated to 
     carry out this Act.
                                 ______
                                 
  SA 3966. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 2828, to impose sanctions with respect to the 
Russian Federation, to provide additional assistance to Ukraine, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Ukraine 
     Freedom Support Act of 2014''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy regarding Ukraine.
Sec. 4. Sanctions relating to the defense and energy sectors of the 
              Russian Federation.
Sec. 5. Sanctions on Russian and other foreign financial institutions.
Sec. 6. Major non-NATO ally status for Ukraine, Georgia, and Moldova.
Sec. 7. Increased military assistance for the Government of Ukraine.
Sec. 8. Expanded nonmilitary assistance for Ukraine.
Sec. 9. Expanded broadcasting in countries of the former Soviet Union.
Sec. 10. Support for Russian democracy and civil society organizations.
Sec. 11. Report on non-compliance by the Russian Federation of its 
              obligations under the INF Treaty.
Sec. 12. Rule of construction.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (3) Defense article; defense service; training.--The terms 
     ``defense article'', ``defense service'', and ``training'' 
     have the meanings given those terms in section 47 of the Arms 
     Export Control Act (22 U.S.C. 2794).
       (4) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Y) of section 5312(a)(2) of title 31, United 
     States Code.
       (5) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 561.308 of title 31, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).
       (6) Foreign person.--The term ``foreign person'' means any 
     individual or entity that is not a United States citizen, a 
     permanent resident alien, or an entity organized under the 
     laws of the United States or any jurisdiction within the 
     United States.
       (7) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) Russian person.--The term ``Russian person'' means--
       (A) an individual who is a citizen or national of the 
     Russian Federation; or
       (B) an entity organized under the laws of the Russian 
     Federation.
       (9) Special russian crude oil project.--The term ``special 
     Russian crude oil project'' means a project intended to 
     extract crude oil from--
       (A) the exclusive economic zone of the Russian Federation 
     in waters more than 500 feet deep;
       (B) Russian Arctic offshore locations; or
       (C) shale formations located in the Russian Federation.

     SEC. 3. STATEMENT OF POLICY REGARDING UKRAINE.

       It is the policy of the United States to further assist the 
     Government of Ukraine in restoring its sovereignty and 
     territorial integrity to deter the Government of the Russian 
     Federation from further destabilizing and invading Ukraine 
     and other independent countries in Central and Eastern 
     Europe, the Caucasus, and Central Asia. That policy shall be 
     carried into effect, among other things, through a 
     comprehensive effort, in coordination with allies and 
     partners of the United States where appropriate, that 
     includes economic sanctions, diplomacy, assistance for the 
     people of Ukraine, and the provision of military capabilities 
     to the Government of Ukraine that will enhance the ability of 
     that Government to defend itself and to restore its 
     sovereignty and territorial integrity in the face of unlawful 
     actions by the Government of the Russian Federation.

     SEC. 4. SANCTIONS RELATING TO THE DEFENSE AND ENERGY SECTORS 
                   OF THE RUSSIAN FEDERATION.

       (a) Sanctions Relating to the Defense Sector.--
       (1) Rosoboronexport.--Except as provided in subsection (d), 
     not later than 30 days after the date of the enactment of 
     this Act, the President shall impose 3 or more of the 
     sanctions described in subsection (c) with respect to 
     Rosoboronexport.
       (2) Russian producers, transferors, or brokers of defense 
     articles.--Except as provided in subsection (d), on and after 
     the date that is 45 days after the date of the enactment of 
     this Act, the President shall impose 3 or more of the 
     sanctions described in subsection (c) with respect to a 
     foreign person the President determines--
       (A) is an entity--
       (i) owned or controlled by the Government of the Russian 
     Federation or owned or controlled by nationals of the Russian 
     Federation; and
       (ii) that--

       (I) knowingly manufactures or sells defense articles 
     transferred into Syria or into the territory of a specified 
     country without the consent of the internationally recognized 
     government of that country;
       (II) transfers defense articles into Syria or into the 
     territory of a specified country without the consent of the 
     internationally recognized government of that country; or
       (III) brokers or otherwise assists in the transfer of 
     defense articles into Syria or into the territory of a 
     specified country without the consent of the internationally 
     recognized government of that country; or

       (B) knowingly, on or after the date of the enactment of 
     this Act, assists, sponsors, or provides financial, material, 
     or technological support for, or goods or services to or in 
     support of, an entity described in subparagraph (A) with 
     respect to an activity described in clause (ii) of that 
     subparagraph.
       (3) Specified country defined.--
       (A) In general.--In this subsection, the term ``specified 
     country'' means--
       (i) Ukraine, Georgia, and Moldova; and
       (ii) any other country designated by the President as a 
     country of significant concern for purposes of this 
     subsection, such as Poland, Lithuania, Latvia, Estonia, and 
     the Central Asia republics.
       (B) Notice to congress.--The President shall notify the 
     appropriate congressional committees in writing not later 
     than 15 days before--
       (i) designating a country as a country of significant 
     concern under subparagraph (A)(ii); or
       (ii) terminating a designation under that subparagraph, 
     including the termination of any such designation pursuant to 
     subsection (h).
       (b) Sanctions Related to the Energy Sector.--
       (1) Development of special russian crude oil projects.--
     Except as provided in subsection (d), on and after the date 
     that is 45 days after the date of the enactment of this Act, 
     the President shall impose 3 or more of the sanctions 
     described in subsection (c) with respect to a foreign person 
     if the President determines that the foreign person knowingly 
     makes a significant investment in a special Russian crude oil 
     project.
       (2) Authorization for extension of licensing limitations on 
     certain equipment.--The President, through the Bureau of 
     Industry and Security of the Department of Commerce or the 
     Office of Foreign Assets Control of the Department of the 
     Treasury, as appropriate, may impose additional licensing 
     requirements for or other restrictions on the export or 
     reexport of items for use in the energy sector of the Russian 
     Federation, including equipment used for tertiary oil 
     recovery.
       (3) Contingent sanction relating to gazprom.--If the 
     President determines that Gazprom is withholding significant 
     natural gas supplies from member countries of the North 
     Atlantic Treaty Organization, or further withholds 
     significant natural gas supplies from countries such as 
     Ukraine, Georgia, or Moldova, the President shall, not later 
     than 45 days after making that determination, impose the 
     sanction described in subsection (c)(7) and at least one 
     additional sanction described in subsection (c) with respect 
     to Gazprom.
       (c) Sanctions Described.--The sanctions the President may 
     impose with respect to a

[[Page S6265]]

     foreign person under subsection (a) or (b) are the following:
       (1) Export-import bank assistance.--The President may 
     direct the Export-Import Bank of the United States not to 
     approve the issuance of any guarantee, insurance, extension 
     of credit, or participation in the extension of credit in 
     connection with the export of any goods or services to the 
     foreign person.
       (2) Procurement sanction.--The President may prohibit the 
     head of any executive agency (as defined in section 133 of 
     title 41, United States Code) from entering into any contract 
     for the procurement of any goods or services from the foreign 
     person.
       (3) Arms export prohibition.--The President may prohibit 
     the exportation or provision by sale, lease or loan, grant, 
     or other means, directly or indirectly, of any defense 
     article or defense service to the foreign person and the 
     issuance of any license or other approval to the foreign 
     person under section 38 of the Arms Export Control Act (22 
     U.S.C. 2778).
       (4) Dual-use export prohibition.--The President may 
     prohibit the issuance of any license and suspend any license 
     for the transfer to the foreign person of any item the export 
     of which is controlled under the Export Administration Act of 
     1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.)) or the Export Administration Regulations under 
     subchapter C of chapter VII of title 15, Code of Federal 
     Regulations.
       (5) Property transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     person from--
       (A) acquiring, holding, withholding, using, transferring, 
     withdrawing, transporting, or exporting any property that is 
     subject to the jurisdiction of the United States and with 
     respect to which the foreign person has any interest;
       (B) dealing in or exercising any right, power, or privilege 
     with respect to such property; or
       (C) conducting any transaction involving such property.
       (6) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve any 
     interest of the foreign person.
       (7) Prohibition on investment in equity or debt of 
     sanctioned person.--The President may, pursuant to such 
     regulations as the President may prescribe, prohibit any 
     United States person from transacting in, providing financing 
     for, or otherwise dealing in--
       (A) debt--
       (i) of longer than 30 days' maturity of a foreign person 
     with respect to which sanctions are imposed under subsection 
     (a) or of longer than 90 days' maturity of a foreign person 
     with respect to which sanctions are imposed under subsection 
     (b); and
       (ii) issued on or after the date on which such sanctions 
     are imposed with respect to the foreign person; or
       (B) equity of the foreign person issued on or after that 
     date.
       (8) Exclusion from the united states and revocation of visa 
     or other documentation.--In the case of a foreign person who 
     is an individual, the President may direct the Secretary of 
     State to deny a visa to, and the Secretary of Homeland 
     Security to exclude from the United States, the foreign 
     person, subject to regulatory exceptions to permit the United 
     States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States, or other 
     applicable international obligations.
       (9) Sanctions on principal executive officers.--In the case 
     of a foreign person that is an entity, the President may 
     impose on the principal executive officer or officers of the 
     foreign person, or on individuals performing similar 
     functions and with similar authorities as such officer or 
     officers, any of the sanctions described in this subsection 
     applicable to individuals.
       (d) Exceptions.--
       (1) Importation of goods.--
       (A) In general.--The authority to block and prohibit all 
     transactions in all property and interests in property under 
     subsection (c)(5) shall not include the authority to impose 
     sanctions on the importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' has 
     the meaning given that term in section 16 of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2415) (as 
     continued in effect pursuant to the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.)).
       (2) Additional exceptions.--The President shall not be 
     required to apply or maintain the sanctions under subsection 
     (a) or (b)--
       (A) in the case of procurement of defense articles or 
     defense services under existing contracts, subcontracts, or 
     other business agreements, including ancillary or incidental 
     contracts for goods, or for services or funding (including 
     necessary financial services) associated with such goods, as 
     necessary to give effect to such contracts, subcontracts, or 
     other business agreements, and the exercise of options for 
     production quantities to satisfy requirements essential to 
     the national security of the United States--
       (i) if the President determines in writing that--

       (I) the foreign person to which the sanctions would 
     otherwise be applied is a sole source supplier of the defense 
     articles or services;
       (II) the defense articles or services are essential;
       (III) alternative sources are not readily or reasonably 
     available; and
       (IV) the national interests of the United States would be 
     adversely affected by the application or maintenance of such 
     sanctions; or

       (ii) if the President determines in writing that--

       (I) such articles or services are essential to the national 
     security under defense coproduction agreements; and
       (II) the national interests of the United States would be 
     adversely affected by the application or maintenance of such 
     sanctions;

       (B) in the case of procurement, to eligible products, as 
     defined in section 308(4) of the Trade Agreements Act of 1979 
     (19 U.S.C. 2518(4)), of any foreign country or 
     instrumentality designated under section 301(b)(1) of that 
     Act (19 U.S.C. 2511(b)(1));
       (C) to products, technology, or services provided under 
     contracts, subcontracts, or other business agreements 
     (including ancillary or incidental contracts for goods, or 
     for services or funding (including necessary financial 
     services) associated with such goods, as necessary to give 
     effect to such contracts, subcontracts, or other business 
     agreements) entered into before the date on which the 
     President publishes in the Federal Register the name of the 
     foreign person with respect to which the sanctions are to be 
     imposed;
       (D) to--
       (i) spare parts that are essential to United States 
     products or production;
       (ii) component parts, but not finished products, essential 
     to United States products or production; or
       (iii) routine servicing and maintenance of United States 
     products, to the extent that alternative sources are not 
     readily or reasonably available;
       (E) to information and technology essential to United 
     States products or production; or
       (F) to food, medicine, medical devices, or agricultural 
     commodities (as those terms are defined in section 101 of the 
     Comprehensive Iran Sanctions, Accountability, and Divestment 
     Act of 2010 (22 U.S.C. 8511)).
       (e) National Security Waiver.--
       (1) In general.--The President may waive the application of 
     sanctions under subsection (a) or (b) with respect to a 
     foreign person if the President--
       (A) determines that the waiver is in the national security 
     interest of the United States; and
       (B) submits to the appropriate congressional committees a 
     report on the determination and the reasons for the 
     determination.
       (2) Form of report.--The report required by paragraph 
     (1)(B) shall be submitted in unclassified form, but may 
     include a classified annex.
       (f) Transaction-specific National Security Waiver.--
       (1) In general.--The President may waive the application of 
     sanctions under subsection (a) or (b) with respect to a 
     specific transaction if the President--
       (A) determines that the transaction is in the national 
     security interest of the United States; and
       (B) submits to the appropriate congressional committees a 
     detailed report on the determination and the specific reasons 
     for the determination that a waiver with respect to the 
     transaction is necessary and appropriate.
       (2) Form of report.--The report required by paragraph 
     (1)(B) shall be submitted in unclassified form, but may 
     include a classified annex.
       (g) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out the purposes of this section.
       (2) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, or conspires to violate, 
     or causes a violation of, subsection (a) or (b) of this 
     section, or an order or regulation prescribed under either 
     such subsection, to the same extent that such penalties apply 
     to a person that commits an unlawful act described in section 
     206(a) of the International Emergency Economic Powers Act.
       (h) Termination.--
       (1) In general.--Except as provided in paragraph (2), this 
     section, and sanctions imposed under this section, shall 
     terminate on the date on which the President submits to the 
     appropriate congressional committees a certification that the 
     Government of the Russian Federation has ceased ordering, 
     controlling, or otherwise directing, supporting, or 
     financing, significant acts intended to undermine the peace, 
     security, stability, sovereignty, or territorial integrity of 
     Ukraine, including through an agreement between the 
     appropriate parties.
       (2) Applicability with respect to syria.--The termination 
     date under paragraph (1)

[[Page S6266]]

     shall not apply with respect to the provisions of subsection 
     (a) relating to the transfer of defense articles into Syria 
     or sanctions imposed pursuant to such provisions.

     SEC. 5. SANCTIONS ON RUSSIAN AND OTHER FOREIGN FINANCIAL 
                   INSTITUTIONS.

       (a) Facilitation of Certain Defense- and Energy-related 
     Transactions.--The President may impose the sanction 
     described in subsection (c) with respect to a foreign 
     financial institution that the President determines knowingly 
     engages, on or after the date of the enactment of this Act, 
     in significant transactions involving activities described in 
     subparagraph (A)(ii) or (B) of section 4(a)(2) or paragraph 
     (1) or (3) of section 4(b) for persons with respect to which 
     sanctions are imposed under section 4.
       (b) Facilitation of Financial Transactions on Behalf of 
     Specially Designated Nationals.--The President may impose the 
     sanction described in subsection (c) with respect to a 
     foreign financial institution if the President determines 
     that the foreign financial institution has, on or after the 
     date that is 180 days after the date of the enactment of this 
     Act, knowingly facilitated a significant financial 
     transaction on behalf of any Russian person included on the 
     list of specially designated nationals and blocked persons 
     maintained by the Office of Foreign Assets Control of the 
     Department of the Treasury, pursuant to--
       (1) this Act;
       (2) Executive Order 13660 (79 Fed. Reg. 13,493), 13661 (79 
     Fed. Reg. 15,535), or 13662 (79 Fed. Reg. 16,169); or
       (3) any other executive order addressing the crisis in 
     Ukraine.
       (c) Sanction Described.--The sanction described in this 
     subsection is, with respect to a foreign financial 
     institution, a prohibition on the opening, and a prohibition 
     or the imposition of strict conditions on the maintaining, in 
     the United States of a correspondent account or a payable-
     through account by the foreign financial institution.
       (d) National Security Waiver.--The President may waive the 
     application of sanctions under this section with respect to a 
     foreign financial institution if the President--
       (1) determines that the waiver is in the national security 
     interest of the United States; and
       (2) submits to the appropriate congressional committees a 
     report on the determination and the reasons for the 
     determination.
       (e) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out the purposes of this section.
       (2) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, or conspires to violate, 
     or causes a violation of, subsection (a) or (b) of this 
     section, or an order or regulation prescribed under either 
     such subsection, to the same extent that such penalties apply 
     to a person that commits an unlawful act described in section 
     206(a) of the International Emergency Economic Powers Act.
       (f) Termination.--This section, and sanctions imposed under 
     this section, shall terminate on the date on which the 
     President submits to the appropriate congressional committees 
     the certification described in section 4(h).

     SEC. 6. MAJOR NON-NATO ALLY STATUS FOR UKRAINE, GEORGIA, AND 
                   MOLDOVA.

       Section 517 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321k) is amended by adding at the end the following:
       ``(c) Additional Designations.--
       ``(1) In general.--Effective on the date of the enactment 
     of the Ukraine Freedom Support Act of 2014, Ukraine, Georgia, 
     and Moldova are each designated as a major non-NATO ally for 
     purposes of this Act and the Arms Export Control Act (22 
     U.S.C. 2751 et seq.).
       ``(2) Notice of termination of designation.--The President 
     shall notify Congress in accordance with subsection (a)(2) 
     before terminating the designation of a country specified in 
     paragraph (1).''.

     SEC. 7. INCREASED MILITARY ASSISTANCE FOR THE GOVERNMENT OF 
                   UKRAINE.

       (a) In General.--The President is authorized to provide 
     defense articles, defense services, and training to the 
     Government of Ukraine for the purpose of countering offensive 
     weapons and reestablishing the sovereignty and territorial 
     integrity of Ukraine, including anti-tank and anti-armor 
     weapons, crew weapons and ammunition, counter-artillery 
     radars to identify and target artillery batteries, fire 
     control, range finder, and optical and guidance and control 
     equipment, tactical troop-operated surveillance drones, and 
     secure command and communications equipment, pursuant to the 
     provisions of the Arms Export Control Act (22 U.S.C. 2751 et 
     seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.), and other relevant provisions of law.
       (b) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the President shall submit a 
     report detailing the anticipated defense articles, defense 
     services, and training to be provided pursuant to this 
     section and a timeline for the provision of such defense 
     articles, defense services, and training, to--
       (1) the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Committee on Armed Services of the 
     Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Appropriations, and the Committee on Armed Services of the 
     House of Representatives.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of State $100,000,000 for fiscal year 2015, 
     $125,000,000 for fiscal year 2016, and $125,000,000 for 
     fiscal year 2017 to carry out activities under this section.
       (2) Availability of amounts.--Amounts authorized to be 
     appropriated pursuant to paragraph (1) shall remain available 
     for obligation and expenditure through the end of fiscal year 
     2018.
       (d) Authority for the Use of Funds.--The funds made 
     available pursuant to subsection (c) for provision of defense 
     articles, defense services, and training may be used to 
     procure such articles, services, and training from the United 
     States Government or other appropriate sources.
       (e) Protection of Civilians.--It is the sense of Congress 
     that the Government of Ukraine should take all appropriate 
     steps to protect civilians.

     SEC. 8. EXPANDED NONMILITARY ASSISTANCE FOR UKRAINE.

       (a) Assistance to Internally Displaced People in Ukraine.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit a plan, including actions by the United States 
     Government, other governments, and international 
     organizations, to meet the need for protection of and 
     assistance for internally displaced persons in Ukraine, to--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Committee on Energy and Natural 
     Resources of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, and the Committee on Energy and Commerce of 
     the House of Representatives.
       (2) Elements.--The plan required by paragraph (1) should 
     include, as appropriate, activities in support of--
       (A) helping to establish a functional and adequately 
     resourced central registration system in Ukraine that can 
     ensure coordination of efforts to provide assistance to 
     internally displaced persons in different regions;
       (B) encouraging adoption of legislation in Ukraine that 
     protects internally displaced persons from discrimination 
     based on their status and provides simplified procedures for 
     obtaining the new residency registration or other official 
     documentation that is a prerequisite to receiving appropriate 
     social payments under the laws of Ukraine, such as pensions 
     and disability, child, and unemployment benefits; and
       (C) helping to ensure that information is available to 
     internally displaced persons about--
       (i) government agencies and independent groups that can 
     provide assistance to such persons in various regions; and
       (ii) evacuation assistance available to persons seeking to 
     flee armed conflict areas.
       (3) Assistance through international organizations.--The 
     President shall instruct the United States permanent 
     representative or executive director, as the case may be, to 
     the relevant United Nations voluntary agencies, including the 
     United Nations High Commissioner for Refugees and the United 
     Nations Office for the Coordination of Humanitarian Affairs, 
     and other appropriate international organizations, to use the 
     voice and vote of the United States to support appropriate 
     assistance for internally displaced persons in Ukraine.
       (b) Assistance to the Defense Sector of Ukraine.--The 
     Secretary of State and the Secretary of Defense should assist 
     entities in the defense sector of Ukraine to reorient exports 
     away from customers in the Russian Federation and to find 
     appropriate alternative markets for those entities in the 
     defense sector of Ukraine that have already significantly 
     reduced exports to and cooperation with entities in the 
     defense sector of the Russian Federation.
       (c) Assistance to Address the Energy Crisis in Ukraine.--
       (1) Emergency energy assistance.--
       (A) Plan required.--The Secretary of State and the 
     Secretary of Energy, in collaboration with the Administrator 
     of the United States Agency for International Development and 
     the Administrator of the Federal Emergency Management Agency, 
     shall work with officials of the Government of Ukraine to 
     develop a short-term emergency energy assistance plan 
     designed to help Ukraine address the potentially severe 
     short-term heating fuel and electricity shortages facing 
     Ukraine in 2014 and 2015.
       (B) Elements.--The plan required by subparagraph (A) should 
     include strategies to address heating fuel and electricity 
     shortages in Ukraine, including, as appropriate--
       (i) the acquisition of short-term, emergency fuel supplies;
       (ii) the repair or replacement of infrastructure that could 
     impede the transmission of electricity or transportation of 
     fuel;
       (iii) the prioritization of the transportation of fuel 
     supplies to the areas where such supplies are needed most;
       (iv) streamlining emergency communications throughout 
     national, regional, and local governments to manage the 
     potential

[[Page S6267]]

     energy crisis resulting from heating fuel and electricity 
     shortages;
       (v) forming a crisis management team within the Government 
     of Ukraine to specifically address the potential crisis, 
     including ensuring coordination of the team's efforts with 
     the efforts of outside governmental and nongovernmental 
     entities providing assistance to address the potential 
     crisis; and
       (vi) developing a public outreach strategy to facilitate 
     preparation by the population and communication with the 
     population in the event of a crisis.
       (C) Assistance.--The Secretary of State, the Secretary of 
     Energy, and the Administrator of the United States Agency for 
     International Development are authorized to provide 
     assistance in support of, and to invest in short-term 
     solutions for, enabling Ukraine to secure the energy safety 
     of the people of Ukraine during 2014 and 2015, including 
     through--
       (i) procurement and transport of emergency fuel supplies, 
     including reverse pipeline flows from Europe;
       (ii) provision of technical assistance for crisis planning, 
     crisis response, and public outreach;
       (iii) repair of infrastructure to enable the transport of 
     fuel supplies;
       (iv) repair of power generating or power transmission 
     equipment or facilities;
       (v) procurement and installation of compressors or other 
     appropriate equipment to enhance short-term natural gas 
     production;
       (vi) procurement of mobile electricity generation units;
       (vii) conversion of natural gas heating facilities to run 
     on other fuels, including alternative energy sources; and
       (viii) provision of emergency weatherization and 
     winterization materials and supplies.
       (2) Reduction of ukraine's reliance on energy imports.--
       (A) Plans required.--The Secretary of State, in 
     collaboration with the Secretary of Energy and the 
     Administrator of the United States Agency for International 
     Development, shall work with officials of the Government of 
     Ukraine to develop medium- and long-term plans to increase 
     energy production and efficiency to increase energy security 
     by helping Ukraine reduce its dependence on natural gas 
     imported from the Russian Federation.
       (B) Elements.--The medium- and long-term plans required by 
     subparagraph (A) should include strategies, as appropriate, 
     to--
       (i) improve corporate governance and unbundling of state-
     owned oil and gas sector firms;
       (ii) increase production from natural gas fields and from 
     other sources, including renewable energy;
       (iii) license new oil and gas blocks transparently and 
     competitively;
       (iv) modernize oil and gas upstream infrastructure; and
       (v) improve energy efficiency.
       (C) Prioritization.--The Secretary of State, the 
     Administrator of the United States Agency for International 
     Development, and the Secretary of Energy should, during 
     fiscal years 2015 through 2018, work with other donors, 
     including multilateral agencies and nongovernmental 
     organizations, to prioritize, to the extent practicable and 
     as appropriate, the provision of assistance from such donors 
     to help Ukraine to improve energy efficiency, increase energy 
     supplies produced in Ukraine, and reduce reliance on energy 
     imports from the Russian Federation, including natural gas.
       (D) Authorization of appropriations.--There are authorized 
     to be appropriated $50,000,000 in the aggregate for fiscal 
     years 2016 through 2018 to carry out activities under this 
     paragraph.
       (3) Support from the overseas private investment 
     corporation.--The Overseas Private Investment Corporation 
     shall--
       (A) prioritize, to the extent practicable, support for 
     investments to help increase energy efficiency, develop 
     domestic oil and natural gas reserves, improve and repair 
     electricity infrastructure, and develop renewable and other 
     sources of energy in Ukraine; and
       (B) implement procedures for expedited review and, as 
     appropriate, approval, of applications by eligible investors 
     (as defined in section 238 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2198)) for loans, loan guarantees, and 
     insurance for such investments.
       (4) Support by the world bank group and the european bank 
     for reconstruction and development.--The President shall, to 
     the extent practicable and as appropriate, direct the United 
     States Executive Directors of the World Bank Group and the 
     European Bank for Reconstruction and Development to use the 
     voice, vote, and influence of the United States to encourage 
     the World Bank Group and the European Bank for Reconstruction 
     and Development and other international financial 
     institutions--
       (A) to invest in, and increase their efforts to promote 
     investment in, projects to improve energy efficiency, improve 
     and repair electricity infrastructure, develop domestic oil 
     and natural gas reserves, and develop renewable and other 
     sources of energy in Ukraine; and
       (B) to stimulate private investment in such projects.
       (d) Assistance to Civil Society in Ukraine.--
       (1) In general.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall, directly or through nongovernmental or 
     international organizations, such as the Organization for 
     Security and Co-operation in Europe, the National Endowment 
     for Democracy, and related organizations--
       (A) strengthen the organizational and operational capacity 
     of democratic civil society in Ukraine;
       (B) support the efforts of independent media outlets to 
     broadcast, distribute, and share information in all regions 
     of Ukraine;
       (C) counter corruption and improve transparency and 
     accountability of institutions that are part of the 
     Government of Ukraine; and
       (D) provide support for democratic organizing and election 
     monitoring in Ukraine.
       (2) Strategy required.--Not later than 60 days after the 
     date of the enactment of this Act, the President shall submit 
     a strategy to carry out the activities described in paragraph 
     (1) to--
       (A) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of State $20,000,000 for 
     fiscal year 2016 to carry out this subsection.
       (4) Transparency requirements.--Any assistance provided 
     pursuant to this subsection shall be conducted in as 
     transparent of a manner as possible, consistent with the 
     nature and goals of this subsection. The President shall 
     provide a briefing on the activities funded by this 
     subsection at the request of the committees specified in 
     paragraph (2).

     SEC. 9. EXPANDED BROADCASTING IN COUNTRIES OF THE FORMER 
                   SOVIET UNION.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Chairman of the Broadcasting 
     Board of Governors shall submit to Congress a plan, including 
     a cost estimate, for immediately and substantially 
     increasing, and maintaining through fiscal year 2017, the 
     quantity of Russian-language broadcasting into the countries 
     of the former Soviet Union funded by the United States in 
     order to counter Russian Federation propaganda.
       (b) Prioritization of Broadcasting Into Ukraine, Georgia, 
     and Moldova.--The plan required by subsection (a) shall 
     prioritize broadcasting into Ukraine, Georgia, and Moldova by 
     the Voice of America and Radio Free Europe/Radio Liberty.
       (c) Additional Priorities.--In developing the plan required 
     by subsection (a), the Chairman shall consider--
       (1) near-term increases in Russian-language broadcasting 
     for countries of the former Soviet Union (other than the 
     countries specified in subsection (b)), including Latvia, 
     Lithuania, and Estonia; and
       (2) increases in broadcasting in other critical languages, 
     including Ukrainian and Romanian languages.
       (d) Broadcasting Defined.--In this section, the term 
     ``broadcasting'' means the distribution of media content via 
     radio broadcasting, television broadcasting, and Internet-
     based platforms, among other platforms.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Broadcasting Board of Governors $10,000,000 for each of 
     fiscal years 2016 through 2018 to carry out activities under 
     this section.
       (2) Supplement not supplant.--Amounts authorized to be 
     appropriated pursuant to paragraph (1) shall supplement and 
     not supplant other amounts made available for activities 
     described in this section.

     SEC. 10. SUPPORT FOR RUSSIAN DEMOCRACY AND CIVIL SOCIETY 
                   ORGANIZATIONS.

       (a) In General.--The Secretary of State shall, directly or 
     through nongovernmental or international organizations, such 
     as the Organization for Security and Co-operation in Europe, 
     the National Endowment for Democracy, and related 
     organizations--
       (1) improve democratic governance, transparency, 
     accountability, rule of law, and anti-corruption efforts in 
     the Russian Federation;
       (2) strengthen democratic institutions and political and 
     civil society organizations in the Russian Federation;
       (3) expand uncensored Internet access in the Russian 
     Federation; and
       (4) expand free and unfettered access to independent media 
     of all kinds in the Russian Federation, including through 
     increasing United States Government-supported broadcasting 
     activities, and assist with the protection of journalists and 
     civil society activists who have been targeted for free 
     speech activities.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of State $20,000,000 for 
     each of fiscal years 2016 through 2018 to carry out the 
     activities set forth in subsection (a).
       (c) Strategy Requirement.--Not later than 60 days after the 
     date of the enactment of this Act, the President shall submit 
     a strategy to carry out the activities set forth in 
     subsection (a) to--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.

[[Page S6268]]

       (d) Transparency Requirements.--Any assistance provided 
     pursuant to this section shall be conducted in as transparent 
     of a manner as possible, consistent with the nature and goals 
     of this section. The President shall provide a briefing on 
     the activities funded by this section at the request of the 
     committees specified in subsection (c).

     SEC. 11. REPORT ON NON-COMPLIANCE BY THE RUSSIAN FEDERATION 
                   OF ITS OBLIGATIONS UNDER THE INF TREATY.

       (a) Findings.--Congress makes the following findings:
       (1) The Russian Federation is in violation of its 
     obligations under the Treaty between the United States of 
     America and the Union of Soviet Socialist Republics on the 
     Elimination of Their Intermediate-Range and Shorter-Range 
     Missiles, signed at Washington December 8, 1987, and entered 
     into force June 1, 1988 (commonly referred to as the 
     ``Intermediate-Range Nuclear Forces Treaty'' or ``INF 
     Treaty'').
       (2) This behavior poses a threat to the United States, its 
     deployed forces, and its allies.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the President should hold the Russian Federation 
     accountable for being in violation of its obligations under 
     the INF Treaty; and
       (2) the President should demand the Russian Federation 
     completely and verifiably eliminate the military systems that 
     constitute the violation of its obligations under the INF 
     Treaty.
       (c) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 90 days thereafter, the 
     President shall submit to the committees specified in 
     subsection (d) a report that includes the following elements:
       (A) A description of the status of the President's efforts, 
     in cooperation with United States allies, to hold the Russian 
     Federation accountable for being in violation of its 
     obligations under the INF Treaty and obtain the complete and 
     verifiable elimination of its military systems that 
     constitute the violation of its obligations under the INF 
     Treaty.
       (B) The President's assessment as to whether it remains in 
     the national security interests of the United States to 
     remain a party to the INF Treaty, and other related treaties 
     and agreements, while the Russian Federation is in violation 
     of its obligations under the INF Treaty.
       (C) Notification of any deployment by the Russian 
     Federation of a ground launched ballistic or cruise missile 
     system with a range of between 500 and 5,500 kilometers.
       (D) A plan developed by the Secretary of State, in 
     consultation with the Director of National Intelligence and 
     the Defense Threat Reduction Agency (DTRA), to verify that 
     the Russian Federation has fully and completely dismantled 
     any ground launched cruise missiles or ballistic missiles 
     with a range of between 500 and 5,500 kilometers, including 
     details on facilities that inspectors need access to, people 
     inspectors need to talk with, how often inspectors need the 
     accesses for, and how much the verification regime would 
     cost.
       (2) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       (d) Committees Specified.--The committees specified in this 
     subsection are--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

     SEC. 12. RULE OF CONSTRUCTION.

       Nothing in this Act or an amendment made by this Act shall 
     be construed as an authorization for the use of military 
     force.
                                 ______
                                 
  SA 3967. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 535. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN 
                   MEDICAL TRAINING.

       (a) In General.--Chapter 101 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2017. Requirement to use human-based methods for 
       certain medical training

       ``(a) Combat Trauma Injuries.--(1) Not later than October 
     1, 2017, the Secretary of Defense shall develop, test, and 
     validate human-based training methods for the purpose of 
     training members of the armed forces in the treatment of 
     combat trauma injuries with the goal of replacing live 
     animal-based training methods.
       ``(2) Not later than October 1, 2019, the Secretary--
       ``(A) shall only use human-based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries; and
       ``(B) may not use animals for such purpose.
       ``(b) Exception for Particular Commands and Training 
     Methods.--(1) The Secretary may exempt a particular command, 
     particular training method, or both, from the requirement for 
     human-based training methods under subsection (a)(2) if the 
     Secretary determines that human-based training methods will 
     not provide an educationally equivalent or superior 
     substitute for live animal-based training methods for such 
     command or training method, as the case may be.
       ``(2) Any exemption under this subsection shall be for such 
     period, not more than one year, as the Secretary shall 
     specify in granting the exemption. Any exemption may be 
     renewed (subject to the preceding sentence).
       ``(c) Annual Reports.--(1) Not later than October 1, 2016, 
     and each year thereafter, the Secretary shall submit to the 
     congressional defense committees a report on the development 
     and implementation of human-based training methods and 
     replacement of live-animal based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries under this section.
       ``(2) Each report under this subsection on or after October 
     1, 2019, shall include a description of any exemption under 
     subsection (b) that is in force as the time of such report, 
     and a current justification for such exemption.
       ``(d) Definitions.--In this section:
       ``(1) The term `combat trauma injuries' means severe 
     injuries likely to occur during combat, including--
       ``(A) hemorrhage;
       ``(B) tension pneumothorax;
       ``(C) amputation resulting from blast injury;
       ``(D) compromises to the airway; and
       ``(E) other injuries.
       ``(2) The term `human-based training methods' means, with 
     respect to training individuals in medical treatment, the use 
     of systems and devices that do not use animals, including--
       ``(A) simulators;
       ``(B) partial task trainers;
       ``(C) moulage;
       ``(D) simulated combat environments;
       ``(E) human cadavers; and
       ``(F) rotations in civilian and military trauma centers.
       ``(3) The term `partial task trainers' means training aids 
     that allow individuals to learn or practice specific medical 
     procedures.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by adding 
     at the end the following new item:

``2017. Requirement to use human-based methods for certain medical 
              training.''.
                                 ______
                                 
  SA 3968. Mr. WYDEN 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. CONSIDERATION OF CERTAIN TIME SPENT RECEIVING 
                   MEDICAL CARE FROM SECRETARY OF DEFENSE AS 
                   ACTIVE DUTY FOR PURPOSES OF ELIGIBILITY FOR 
                   POST-9/11 EDUCATIONAL ASSISTANCE.

       (a) In General.--Section 3301(1)(B) of title 38, United 
     States Code, is amended by inserting ``12301(h),'' after 
     ``12301(g),''.
       (b) Retroactive Application.--The amendment made by 
     subsection (a) shall apply as if such amendment were enacted 
     immediately after the enactment of the Post-9/11 Veterans 
     Educational Assistance Act of 2008 (Public Law 110-252).
                                 ______
                                 
  SA 3969. Mr. WYDEN 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. CONSIDERATION BY SECRETARY OF VETERANS AFFAIRS OF 
                   RESOURCES DISPOSED OF FOR LESS THAN FAIR MARKET 
                   VALUE BY INDIVIDUALS APPLYING FOR PENSION.

       (a) Veterans.--Section 1522 of title 38, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' before ``The Secretary''; and
       (B) by adding at the end the following new paragraph:
       ``(2)(A) If a veteran otherwise eligible for payment of 
     pension under section 1513 or 1521 of this title or the 
     spouse of such veteran disposes of covered resources for less 
     than fair market value on or after the look-back date 
     described in subparagraph (C)(i), the Secretary shall deny or 
     discontinue the payment of pension to such veteran under 
     section 1513 or 1521 of this title, as the case may

[[Page S6269]]

     be, for months during the period beginning on the date 
     described in subparagraph (D) and equal to the number of 
     months calculated as provided in subparagraph (E).
       ``(B)(i) For purposes of this paragraph, a covered resource 
     is any resource that was a part of the corpus of the estate 
     of the veteran or, if the veteran has a spouse, the corpus of 
     the estates of the veteran and of the veteran's spouse, that 
     the Secretary considers that under all the circumstances, if 
     the veteran or spouse had not disposed of such resource, it 
     would be reasonable that the resource (or some portion of the 
     resource) be consumed for the veteran's maintenance.
       ``(ii) For purposes of this paragraph, the Secretary may 
     consider, in accordance with regulations the Secretary shall 
     prescribe, a transfer of an asset (including a transfer of an 
     asset to an annuity, trust, or other financial instrument or 
     investment) a disposal of a covered resource for less than 
     fair market value if such transfer reduces the amount in the 
     corpus of the estate of the veteran or, if the veteran has a 
     spouse, the corpus of the estates of the veteran and of the 
     veteran's spouse, that the Secretary considers, under all the 
     circumstances, would be reasonable to be consumed for the 
     veteran's maintenance.
       ``(C)(i) The look-back date described in this clause is a 
     date that is 36 months before the date described in clause 
     (ii).
       ``(ii) The date described in this clause is the date on 
     which the veteran applies for pension under section 1513 or 
     1521 of this title or, if later, the date on which the 
     veteran (or the spouse of the veteran) disposes of covered 
     resources for less than fair market value.
       ``(D) The date described in this subparagraph is the first 
     day of the first month in or after which covered resources 
     were disposed of for less than fair market value and which 
     does not occur in any other period of ineligibility under 
     this paragraph.
       ``(E) The number of months calculated under this 
     subparagraph shall be equal to--
       ``(i) the total, cumulative uncompensated value of the 
     portion of covered resources so disposed of by the veteran 
     (or the spouse of the veteran) on or after the look-back date 
     described in subparagraph (C)(i) that the Secretary 
     determines would reasonably have been consumed for the 
     veteran's maintenance; divided by
       ``(ii) the maximum amount of monthly pension that is 
     payable to a veteran under section 1513 or 1521 of this 
     title, including the maximum amount of increased pension 
     payable under such sections on account of family members, but 
     not including any amount of pension payable under such 
     sections because a veteran is in need of regular aid and 
     attendance or is permanently housebound,

     rounded down, in the case of any fraction, to the nearest 
     whole number, but shall not in any case exceed 36 months.'';
       (2) in subsection (b)--
       (A) by inserting ``(1)'' before ``The Secretary''; and
       (B) by adding at the end the following new paragraph:
       ``(2)(A) If a veteran otherwise eligible for payment of 
     increased pension under subsection (c), (d), (e), or (f) of 
     section 1521 of this title on account of a child, the spouse 
     of the veteran, or the child disposes of covered resources 
     for less than fair market value on or after the look-back 
     date described in subparagraph (C)(i), the Secretary shall 
     deny or discontinue payment of such increased pension for 
     months during the period beginning on the date described in 
     subparagraph (D) and equal to the number of months calculated 
     as provided in subparagraph (E).
       ``(B)(i) For purposes of this paragraph, a covered resource 
     is any resource that was a part of the corpus of the estate 
     of the child that the Secretary considers that under all the 
     circumstances, if the veteran, the spouse of the veteran, or 
     the child had not disposed of such resource, it would be 
     reasonable that the resource (or some portion of the 
     resource) be consumed for the child's maintenance.
       ``(ii) For purposes of this paragraph, the Secretary may 
     consider, in accordance with regulations the Secretary shall 
     prescribe, a transfer of an asset (including a transfer of an 
     asset to an annuity, trust, or other financial instrument or 
     investment) a disposal of a covered resource for less than 
     fair market value if such transfer reduces the amount in the 
     corpus of the estate of the child that the Secretary 
     considers, under all the circumstances, would be reasonable 
     to be consumed for the child's maintenance.
       ``(C)(i) The look-back date described in this clause is a 
     date that is 36 months before the date described in clause 
     (ii).
       ``(ii) The date described in this clause is the date on 
     which the veteran applies for payment of increased pension 
     under subsection (c), (d), (e), or (f) of section 1521 of 
     this title on account of a child or, if later, the date on 
     which the veteran, the spouse of the veteran, or the child 
     disposes of covered resources for less than fair market 
     value.
       ``(D) The date described in this subparagraph is the first 
     day of the first month in or after which covered resources 
     were disposed of for less than fair market value and which 
     does not occur in any other period of ineligibility under 
     this paragraph.
       ``(E) The number of months calculated under this 
     subparagraph shall be equal to--
       ``(i) the total, cumulative uncompensated value of the 
     portion of the covered resources so disposed of by the 
     veteran, the spouse of the veteran, or the child on or after 
     the look-back date described in subparagraph (C)(i) that the 
     Secretary determines would reasonably have been consumed for 
     the child's maintenance; divided by
       ``(ii) the maximum amount of increased monthly pension that 
     is payable to a veteran under subsection (c), (d), (e), or 
     (f) of section 1521 of this title on account of a child,
     rounded down, in the case of any fraction, to the nearest 
     whole number, but shall not in any case exceed 36 months.''; 
     and
       (3) by adding at the end the following new subsection:
       ``(c)(1)(A) The Secretary shall not deny or discontinue 
     payment of pension under section 1513 or 1521 of this title 
     or payment of increased pension under subsection (c), (d), 
     (e), or (f) of section 1521 of this title on account of a 
     child by reason of the application of subsection (a)(2) or 
     (b)(2) of this section to the disposal of resources by an 
     individual--
       ``(i) if--
       ``(I) a satisfactory showing is made to the Secretary (in 
     accordance with regulations promulgated by the Secretary) 
     that all resources disposed of for less than fair market 
     value have been returned to the individual who disposed of 
     the resources; or
       ``(II) the Secretary determines, under procedures 
     established by the Secretary in accordance with subparagraph 
     (B), that the denial or discontinuance of payment would work 
     an undue hardship; or
       ``(ii) to the extent that any portion of the resources 
     disposed of for less than fair market value have been 
     returned to the individual who disposed of the resources.
       ``(B) Undue hardship would be worked by the denial or 
     discontinuance of payment for purposes of subparagraph 
     (A)(i)(II) if the denial or discontinuance of payment would 
     deprive the individual during the period of denial or 
     discontinuance--
       ``(i) of medical care such that the individual's life or 
     health would be endangered;
       ``(ii) of necessary food or clothing, or other necessities 
     of life; or
       ``(iii) on such other basis as the Secretary shall specify 
     in the procedures required by subparagraph (A)(i)(II).
       ``(C) If payment of pension or increased pension that would 
     otherwise be denied or discontinued by reason of the 
     application of subsection (a)(2) or (b)(2) is denied or 
     discontinued only in part by reason of the return of 
     resources as described in subparagraph (A)(ii), the period of 
     the denial or discontinuance as determined pursuant to 
     subparagraph (E) of subsection (a)(2) or (b)(2), as 
     applicable, shall be recalculated to take into account such 
     return of resources.
       ``(2) At the time a veteran applies for pension under 
     section 1513 or 1521 of this title or increased pension under 
     subsection (c), (d), (e), or (f) of section 1521 of this 
     title on account of a child, and at such other times as the 
     Secretary considers appropriate, the Secretary shall--
       ``(A) inform such veteran of the provisions of subsections 
     (a)(2) and (b)(2) providing for a period of ineligibility for 
     payment of pension under such sections for individuals who 
     make certain dispositions of resources for less than fair 
     market value, including the exception for hardship from such 
     period of ineligibility;
       ``(B) obtain from such veteran information which may be 
     used in determining whether or not a period of ineligibility 
     for such payments would be required by reason of such 
     subsections; and
       ``(C) provide such veteran a timely process for determining 
     whether or not the exception for hardship shall apply to such 
     veteran.''.
       (b) Surviving Spouses and Children.--Section 1543 of such 
     title is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) If a surviving spouse otherwise eligible for 
     payment of pension under section 1541 of this title disposes 
     of covered resources for less than fair market value on or 
     after the look-back date described in subparagraph (C)(i), 
     the Secretary shall deny or discontinue the payment of 
     pension to such surviving spouse under section 1541 of this 
     title for months during the period beginning on the date 
     described in subparagraph (D) and equal to the number of 
     months calculated as provided in subparagraph (E).
       ``(B)(i) For purposes of this paragraph, a covered resource 
     is any resource that was a part of the corpus of the estate 
     of the surviving spouse that the Secretary considers that 
     under all the circumstances, if the surviving spouse had not 
     disposed of such resource, it would be reasonable that the 
     resource (or some portion of the resource) be consumed for 
     the surviving spouse's maintenance.
       ``(ii) For purposes of this paragraph, the Secretary may 
     consider, in accordance with regulations the Secretary shall 
     prescribe, a transfer of an asset (including a transfer of an 
     asset to an annuity, trust, or other financial instrument or 
     investment) a disposal of a covered resource for less than 
     fair market value if such transfer reduces the amount in the 
     corpus of the estate of the surviving spouse that the 
     Secretary considers, under all the circumstances, would be 
     reasonable to be consumed for the surviving spouse's 
     maintenance.
       ``(C)(i) The look-back date described in this clause is a 
     date that is 36 months before the date described in clause 
     (ii).
       ``(ii) The date described in this clause is the date on 
     which the surviving spouse applies for pension under section 
     1541 of this

[[Page S6270]]

     title or, if later, the date on which the surviving spouse 
     disposes of covered resources for less than fair market 
     value.
       ``(D) The date described in this subparagraph is the first 
     day of the first month in or after which covered resources 
     were disposed of for less than fair market value and which 
     does not occur in any other period of ineligibility under 
     this paragraph.
       ``(E) The number of months calculated under this 
     subparagraph shall be equal to--
       ``(i) the total, cumulative uncompensated value of the 
     portion of the covered resources so disposed of by the 
     surviving spouse on or after the look-back date described in 
     subparagraph (C)(i) that the Secretary determines would 
     reasonably have been consumed for the surviving spouse's 
     maintenance; divided by
       ``(ii) the maximum amount of monthly pension that is 
     payable to a surviving spouse under section 1541 of this 
     title, including the maximum amount of increased pension 
     payable under such section on account of a child, but not 
     including any amount of pension payable under such section 
     because a surviving spouse is in need of regular aid and 
     attendance or is permanently housebound,

     rounded down, in the case of any fraction, to the nearest 
     whole number, but shall not in any case exceed 36 months.'';
       (C) by adding at the end the following new paragraph:
       ``(4)(A) If a surviving spouse otherwise eligible for 
     payment of increased pension under subsection (c), (d), or 
     (e) of section 1541 of this title on account of a child or 
     the child disposes of covered resources for less than fair 
     market value on or after the look-back date described in 
     subparagraph (C)(i), the Secretary shall deny or discontinue 
     payment of such increased pension for months during the 
     period beginning on the date described in subparagraph (D) 
     and equal to the number of months calculated as provided in 
     subparagraph (E).
       ``(B)(i) For purposes of this paragraph, a covered resource 
     is any resource that was a part of the corpus of the estate 
     of the child that the Secretary considers that under all the 
     circumstances, if the surviving spouse or the child had not 
     disposed of such resource, it would be reasonable that the 
     resource (or some portion of the resource) be consumed for 
     the child's maintenance.
       ``(ii) For purposes of this paragraph, the Secretary may 
     consider, in accordance with regulations the Secretary shall 
     prescribe, a transfer of an asset (including a transfer of an 
     asset to an annuity, trust, or other financial instrument or 
     investment) a disposal of a covered resource for less than 
     fair market value if such transfer reduces the amount in the 
     corpus of the estate of the child that the Secretary 
     considers, under all the circumstances, would be reasonable 
     to be consumed for the child's maintenance.
       ``(C)(i) The look-back date described in this clause is a 
     date that is 36 months before the date described in clause 
     (ii).
       ``(ii) The date described in this clause is the date on 
     which the surviving spouse applies for payment of increased 
     pension under subsection (c), (d), or (e) of section 1541 of 
     this title on account of a child or, if later, the date on 
     which the surviving spouse (or the child) disposes of covered 
     resources for less than fair market value.
       ``(D) The date described in this subparagraph is the first 
     day of the first month in or after which covered resources 
     were disposed of for less than fair market value and which 
     does not occur in any other period of ineligibility under 
     this paragraph.
       ``(E) The number of months calculated under this clause 
     shall be equal to--
       ``(i) the total, cumulative uncompensated value of the 
     portion of the covered resources so disposed of by the 
     surviving spouse (or the child) on or after the look-back 
     date described in subparagraph (C)(i) that the Secretary 
     determines would reasonably have been consumed for the 
     child's maintenance; divided by
       ``(ii) the maximum amount of increased monthly pension that 
     is payable to a surviving spouse under subsection (c), (d), 
     or (e) of section 1541 of this title on account of a child,

     rounded down, in the case of any fraction, to the nearest 
     whole number, but shall not in any case exceed 36 months.'';
       (2) in subsection (b)--
       (A) by inserting ``(1)'' before ``The Secretary''; and
       (B) by adding at the end the following new paragraph:
       ``(2)(A) If a child otherwise eligible for payment of 
     pension under section 1542 of this title or any person with 
     whom such child is residing who is legally responsible for 
     such child's support disposes of covered resources for less 
     than fair market value on or after the look-back date 
     described in subparagraph (C)(i), the Secretary shall deny or 
     discontinue the payment of pension to such child under 
     section 1542 of this title for months during the period 
     beginning on the date described in subparagraph (D) and equal 
     to the number of months calculated as provided in 
     subparagraph (E).
       ``(B)(i) For purposes of this paragraph, a covered resource 
     is any resource that was a part of the corpus of the estate 
     of the child or the corpus of the estate of any person with 
     whom such child is residing who is legally responsible for 
     such child's support that the Secretary considers that under 
     all the circumstances, if the child or person had not 
     disposed of such resource, it would be reasonable that the 
     resource (or some portion of the resource) be consumed for 
     the child's maintenance.
       ``(ii) For purposes of this paragraph, the Secretary may 
     consider, in accordance with regulations the Secretary shall 
     prescribe, a transfer of an asset (including a transfer of an 
     asset to an annuity, trust, or other financial instrument or 
     investment) a disposal of a covered resource for less than 
     fair market value if such transfer reduces the amount in the 
     corpus of the estate described in clause (i) that the 
     Secretary considers, under all the circumstances, would be 
     reasonable to be consumed for the child's maintenance.
       ``(C)(i) The look-back date described in this clause is a 
     date that is 36 months before the date described in clause 
     (ii).
       ``(ii) The date described in this clause is the date on 
     which the child applies for pension under section 1542 of 
     this title or, if later, the date on which the child (or 
     person described in subparagraph (B)) disposes of covered 
     resources for less than fair market value.
       ``(D) The date described in this clause is the first day of 
     the first month in or after which covered resources were 
     disposed of for less than fair market value and which does 
     not occur in any other period of ineligibility under this 
     paragraph.
       ``(E) The number of months calculated under this clause 
     shall be equal to--
       ``(i) the total, cumulative uncompensated value of the 
     portion of the covered resources so disposed of by the child 
     (or person described in subparagraph (B)) on or after the 
     look-back date described in subparagraph (C)(i) that the 
     Secretary determines would reasonably have been consumed for 
     the child's maintenance; divided by
       ``(ii) the maximum amount of monthly pension that is 
     payable to a child under section 1542 of this title,

     rounded down, in the case of any fraction, to the nearest 
     whole number, but shall not in any case exceed 36 months.''; 
     and
       (3) by adding at the end the following new subsection:
       ``(c)(1)(A) The Secretary shall not deny or discontinue 
     payment of pension under section 1541 or 1542 of this title 
     or payment of increased pension under subsection (c), (d), or 
     (e) of section 1541 of this title on account of a child by 
     reason of the application of subsection (a)(2), (a)(4), or 
     (b)(2) of this section to the disposal of resources by an 
     individual--
       ``(i) if--
       ``(I) a satisfactory showing is made to the Secretary (in 
     accordance with regulations promulgated by the Secretary) 
     that all resources disposed of for less than fair market 
     value have been returned to the individual who disposed of 
     the resources; or
       ``(II) the Secretary determines, under procedures 
     established by the Secretary in accordance with subparagraph 
     (B), that the denial or discontinuance of payment would work 
     an undue hardship; or
       ``(ii) to the extent that any portion of the resources 
     disposed of for less than fair market value have been 
     returned to the individual who disposed of the resources.
       ``(B) Undue hardship would be worked by the denial or 
     discontinuance of payment for purposes of subparagraph 
     (A)(i)(II) if the denial or discontinuance of payment would 
     deprive the individual during the period of denial or 
     discontinuance--
       ``(i) of medical care such that the individual's life or 
     health would be endangered;
       ``(ii) of necessary food or clothing, or other necessities 
     of life; or
       ``(iii) on such other basis as the Secretary shall specify 
     in the procedures required by subparagraph (A)(i)(II).
       ``(C) If payment of pension or increased pension that would 
     otherwise be denied or discontinued by reason of the 
     application of subsection (a)(2), (a)(4), or (b)(2) is denied 
     or discontinued only in part by reason of the return of 
     resources as described in subparagraph (A)(ii), the period of 
     the denial or discontinuance as determined pursuant to 
     subparagraph (E) of subsection (a)(2), (a)(4), or (b)(2), as 
     applicable, shall be recalculated to take into account such 
     return of resources.
       ``(2) At the time a surviving spouse or child applies for 
     pension under section 1541 or 1542 of this title or increased 
     pension under subsection (c), (d), or (e) of section 1541 of 
     this title on account of a child, and at such other times as 
     the Secretary considers appropriate, the Secretary shall--
       ``(A) inform such surviving spouse or child of the 
     provisions of subsections (a)(2), (a)(4), and (b)(2), as 
     applicable, providing for a period of ineligibility for 
     payment of pension or increased pension under such sections 
     for individuals who make certain dispositions of resources 
     for less than fair market value, including the exception for 
     hardship from such period of ineligibility;
       ``(B) obtain from such surviving spouse or child 
     information which may be used in determining whether or not a 
     period of ineligibility for such payments would be required 
     by reason of such subsections; and
       ``(C) provide such surviving spouse or child a timely 
     process for determining whether or not the exception for 
     hardship shall apply to such surviving spouse or child.''.
       (c) Effective Date.--Subsections (a)(2), (b)(2), and (c) of 
     section 1522 of title 38, United States Code, as added by 
     subsection (a), and subsections (a)(2), (a)(4), (b)(2), and 
     (c) of section 1543 of such title, as added by subsection 
     (b), shall take effect on the date that is one year after the 
     date of the enactment of this Act and shall apply with 
     respect to payments of pension and increased pension applied 
     for after such date and to payments of pension and increased 
     pension for which eligibility is redetermined after such

[[Page S6271]]

     date, except that no reduction in pension shall be made under 
     such subsections because of any disposal of covered resources 
     made before such date.
       (d) Annual Reports.--
       (1) In general.--Not later than 900 days after the date of 
     the enactment of this Act and not less frequently than once 
     each year thereafter through 2018, the Secretary of Veterans 
     Affairs shall submit to the appropriate committees of 
     Congress a report on the administration of subsections 
     (a)(2), (b)(2), and (c) of section 1522 of title 38, United 
     States Code, as added by subsection (a), and subsections 
     (a)(2), (a)(4), (b)(2), and (c) of section 1543 of such 
     title, as added by subsection (b), during the most recent 12-
     month period.
       (2) Elements.--Each report submitted under paragraph (1) 
     shall include the following, for the period covered by the 
     report:
       (A) The number of individuals who applied for pension under 
     chapter 15 of such title.
       (B) The number of individuals who received pension under 
     such chapter.
       (C) The number of individuals with respect to whom the 
     Secretary denied or discontinued payment of pension under the 
     subsections referred to in paragraph (1).
       (D) A description of any trends identified by the Secretary 
     regarding pension payments that have occurred as a result of 
     the amendments made by this section.
       (E) Such other information as the Secretary considers 
     appropriate.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Veterans' Affairs and the Select 
     Committee on Aging of the Senate; and
       (B) the Committee on Veterans' Affairs of the House of 
     Representatives.
                                 ______
                                 
  SA 3970. Mr. WYDEN (for himself, Mr. Scott, and Mr. Merkley) 
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. PROHIBITION ON CLOSURE OF CERTAIN COAST GUARD 
                   FACILITIES.

       (a) Prohibition.--The Coast Guard may not--
       (1) close a Coast Guard air facility that was in operation 
     on November 30, 2014;
       (2) retire an aviation asset from an air facility described 
     in paragraph (1); or
       (3) transfer an aviation asset from an air facility 
     described in paragraph (1), except as provided in subsection 
     (b).
       (b) Emergency Transfer Authority.--Notwithstanding 
     subsection (a)(3), the Coast Guard may temporarily relocate 
     an aviation asset for not more than 30 days in the event of 
     an emergency, after providing notice of the pending temporary 
     relocation to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (c) Sunset.--This section is repealed effective January 1, 
     2016.

                          ____________________