[Congressional Record Volume 160, Number 151 (Thursday, December 11, 2014)]
[Senate]
[Pages S6631-S6644]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4092. Mr. DURBIN (for Mr. Menendez (for himself and Mr. Corker)) 
proposed an amendment to the bill S. 2828, to impose sanctions with 
respect to the Russian Federation, to provide additional assistance to 
Ukraine, and for other purposes; 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--

[[Page S6632]]

       (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 may 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 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

[[Page S6633]]

     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) 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. 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.

[[Page S6634]]

       (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 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

[[Page S6635]]

       (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.
       (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 4093. Mr. DURBIN (for Mr. King (for himself, Mr. Moran, and Mr. 
Warner)) proposed an amendment to the bill H.R. 3329, to enhance the 
ability of community financial institutions to foster economic growth 
and serve their communities, boost small businesses, increase 
individual savings, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. CHANGES REQUIRED TO SMALL BANK HOLDING COMPANY 
                   POLICY STATEMENT ON ASSESSMENT OF FINANCIAL AND 
                   MANAGERIAL FACTORS.

       (a) In General.--Before the end of the 6-month period 
     beginning on the date of the enactment of this Act, the Board 
     of Governors of the Federal Reserve System (hereafter in this 
     Act referred to as the ``Board'') shall publish in the 
     Federal Register proposed revisions to the Small Bank Holding 
     Company Policy Statement on Assessment of Financial and 
     Managerial Factors (12 C.F.R. part 225 appendix C) that 
     provide that the policy shall apply to bank holding companies 
     and savings and loan holding companies which have pro forma 
     consolidated assets of less than $1,000,000,000 and that--
       (1) are not engaged in significant nonbanking activities 
     either directly or through a nonbank subsidiary;
       (2) do not conduct significant off-balance sheet activities 
     (including securitization and asset management or 
     administration) either directly or through a nonbank 
     subsidiary; and
       (3) do not have a material amount of debt or equity 
     securities outstanding (other than trust preferred 
     securities) that are registered with the Securities and 
     Exchange Commission.
       (b) Exclusions.--The Board may exclude any bank holding 
     company or savings and loan holding company, regardless of 
     asset size, from the policy statement under subsection (a) if 
     the Board determines that such action is warranted for 
     supervisory purposes.

     SEC. 2. CONFORMING AMENDMENT.

       (a) In General.--Subparagraph (C) of section 171(b)(5) of 
     the Dodd-Frank Wall Street Reform and Consumer Protection Act 
     (12 U.S.C. 5371(b)(5)) is amended to read as follows:

[[Page S6636]]

       ``(C) any bank holding company or savings and loan holding 
     company having less than $1,000,000,000 in total consolidated 
     assets that complies with the requirements of the Small Bank 
     Holding Company Policy Statement on Assessment of Financial 
     and Managerial Factors of the Board of Governors (12 C.F.R. 
     part 225 appendix C), as the requirements of such Policy 
     Statement are amended pursuant to section 1 of an Act 
     entitled `To enhance the ability of community financial 
     institutions to foster economic growth and serve their 
     communities, boost small businesses, increase individual 
     savings, and for other purposes'.''.
       (b) Transition Period.--Any small bank holding company that 
     was excepted from the provisions of section 171 of the Dodd-
     Frank Wall Street Reform and Consumer Protection Act pursuant 
     to subparagraph (C) of section 171(b)(5) (as such 
     subparagraph was in effect on the day before the date of 
     enactment of this Act), and any small savings and loan 
     holding company that would have been excepted from the 
     provisions of section 171 pursuant to subparagraph (C) (as 
     such subparagraph was in effect on the day before the date of 
     enactment of this Act) if it had been a small bank holding 
     company, shall be excepted from the provisions of section 171 
     until the effective date of the Small Bank Holding Company 
     Policy Statement issued by the Board as required by section 1 
     of this Act.

     SEC. 3. DEFINITIONS.

       For the purposes of this Act:
        (a) Bank Holding Company.--The term ``bank holding 
     company'' has the same meaning as in section 2 of the Bank 
     Holding Company Act of 1956 (12 U.S.C. 1841).
       (b) Savings and Loan Holding Company.--The term ``savings 
     and loan holding company'' has the same meaning as in section 
     10(a) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)).
                                 ______
                                 
  SA 4094. Mr. MERKLEY proposed an amendment to the bill H.R. 2640, to 
amend the Wild and Scenic Rivers Act to adjust the Crooked River 
boundary, to provide water certainty for the City of Prineville, 
Oregon, 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 ``Crooked River Collaborative 
     Water Security and Jobs Act of 2014''.

     SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) is amended by striking paragraph (72) and inserting 
     the following:
       ``(72) Crooked, oregon.--
       ``(A) In general.--The 14.75-mile segment from the National 
     Grassland boundary to Dry Creek, to be administered by the 
     Secretary of the Interior in the following classes:
       ``(i) The 7-mile segment from the National Grassland 
     boundary to River Mile 8 south of Opal Spring, as a 
     recreational river.
       ``(ii) The 7.75-mile segment from a point \1/4\-mile 
     downstream from the center crest of Bowman Dam, as a 
     recreational river.
       ``(B) Hydropower.--In any license or lease of power 
     privilege application relating to non-Federal hydropower 
     development (including turbines and appurtenant facilities) 
     at Bowman Dam, the applicant, in consultation with the 
     Director of the Bureau of Land Management, shall--
       ``(i) analyze any impacts to the scenic, recreational, and 
     fishery resource values of the Crooked River from the center 
     crest of Bowman Dam to a point \1/4\-mile downstream that may 
     be caused by the proposed hydropower development, including 
     the future need to undertake routine and emergency repairs;
       ``(ii) propose measures to minimize and mitigate any 
     impacts analyzed under clause (i); and
       ``(iii) propose designs and measures to ensure that any 
     access facilities associated with hydropower development at 
     Bowman Dam shall not impede the free-flowing nature of the 
     Crooked River below Bowman Dam.''.

     SEC. 3. CITY OF PRINEVILLE WATER SUPPLY.

       Section 4 of the Act of August 6, 1956 (70 Stat. 1058; 73 
     Stat. 554; 78 Stat. 954) is amended--
       (1) by striking ``sec. 4. In order'' and inserting the 
     following:

     ``SEC. 4. CITY OF PRINEVILLE WATER SUPPLY.

       ``(a) In General.--In order'';
       (2) in subsection (a) (as so designated), by striking 
     ``during those months'' and all that follows through 
     ``purpose of the project''; and
       (3) by adding at the end the following:
       ``(b) Annual Release.--
       ``(1) In general.--Without further action by the Secretary 
     of the Interior, beginning on the date of enactment of the 
     Crooked River Collaborative Water Security and Jobs Act of 
     2014, 5,100 acre-feet of water shall be annually released 
     from the project to serve as mitigation for City of 
     Prineville groundwater pumping, pursuant to and in a manner 
     consistent with Oregon State law, including any shaping of 
     the release of the water.
       ``(2) Payments.--The City of Prineville shall make payments 
     to the Secretary of the Interior for the water released under 
     paragraph (1), in accordance with applicable Bureau of 
     Reclamation policies, directives, and standards.
       ``(c) Additional Quantities.--Consistent with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
     and other applicable Federal laws, the Secretary of the 
     Interior may contract exclusively with the City of Prineville 
     for additional quantities of water, at the request of the 
     City of Prineville.''.

     SEC. 4. ADDITIONAL PROVISIONS.

       The Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 
     Stat. 954), is amended by adding at the end the following:

     ``SEC. 6. FIRST FILL STORAGE AND RELEASE.

       ``(a) In General.--Other than the 10 cubic feet per second 
     release provided for in section 4, and subject to compliance 
     with the flood curve requirements of the Corps of Engineers, 
     the Secretary shall, on a `first fill' priority basis, store 
     in and when called for in any year release from Prineville 
     Reservoir, whether from carryover, infill, or a combination 
     of both, the following:
       ``(1) Not more than 68,273 acre-feet of water annually to 
     fulfill all 16 Bureau of Reclamation contracts existing as of 
     January 1, 2011.
       ``(2) Not more than 2,740 acre-feet of water annually to 
     supply the McKay Creek land, in accordance with section 5 of 
     the Crooked River Collaborative Water Security and Jobs Act 
     of 2014.
       ``(3) Not more than 10,000 acre-feet of water annually, to 
     be made available first to the North Unit Irrigation 
     District, and subsequently to any other holders of 
     Reclamation contracts existing as of January 1, 2011 (in that 
     order) pursuant to Temporary Water Service Contracts, on the 
     request of the North Unit Irrigation District or the contract 
     holders, consistent with the same terms and conditions as 
     prior such contracts between the Bureau of Reclamation and 
     District or contract holders, as applicable.
       ``(4) Not more than 5,100 acre-feet of water annually to 
     mitigate the City of Prineville groundwater pumping under 
     section 4, with the release of this water to occur not based 
     on an annual call, but instead pursuant to section 4 and the 
     release schedule developed pursuant to section 7(b).
       ``(b) Carryover.--Except for water that may be called for 
     and released after the end of the irrigation season (either 
     as City of Prineville groundwater pumping mitigation or as a 
     voluntary release, in accordance with section 4 of this Act 
     and section 6(c) of the Crooked River Collaborative Water 
     Security and Jobs Act of 2014, respectively), any water 
     stored under this section that is not called for and released 
     by the end of the irrigation season in a given year shall 
     be--
       ``(1) carried over to the subsequent water year, which, for 
     accounting purposes, shall be considered to be the 1-year 
     period beginning October 1 and ending September 30, 
     consistent with Oregon State law; and
       ``(2) accounted for as part of the `first fill' storage 
     quantities of the subsequent water year, but not to exceed 
     the maximum `first fill' storage quantities described in 
     subsection (a).

     ``SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER 
                   QUANTITIES.

       ``(a) Authorization.--
       ``(1) In general.--The Secretary shall store in and release 
     from Prineville Reservoir sufficient quantities of remaining 
     stored quantities to be released pursuant to the annual 
     release schedule under subsection (b) and to provide instream 
     flows consistent, to the maximum extent practicable, with the 
     recommendations for in-channel strategies in the plan 
     prepared by the Northwest Power and Conservation Council 
     entitled `Deschutes Subbasin Plan' and dated March 24, 2005, 
     for flow between Bowman Dam and Lake Billy Chinook.
       ``(2) Requirements.--In calculating the quantity of 
     released water under paragraph (1), the Secretary shall--
       ``(A) comply with the flood curve requirements of the Corps 
     of Engineers; and
       ``(B) credit toward the requirements of paragraph (1) the 
     instream flow benefits provided by--
       ``(i) the quantities released under section 4;
       ``(ii) the `first fill' quantities released under section 
     6; and
       ``(iii) any quantities released to comply with the flood 
     curve requirements of the Corps of Engineers.
       ``(3) Use of uncontracted water.--If a consultation 
     conducted under the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) or an order of a court in a proceeding under 
     that Act requires releases of stored water from Prineville 
     Reservoir for fish and wildlife downstream of Bowman Dam, the 
     Secretary shall use uncontracted water under paragraph (1).
       ``(4) State water law.--All releases and downstream uses 
     authorized under paragraph (1) shall be in accordance with 
     Oregon State water law.
       ``(b) Annual Release Schedule.--The Commissioner of 
     Reclamation, in consultation with the Assistant Administrator 
     of Fisheries of the National Marine Fisheries Service and the 
     Director of the United States Fish and Wildlife Service, 
     shall develop annual release schedules for the remaining 
     stored water quantities (including the quantities described 
     in subsection (a) and the water serving as mitigation for 
     City of Prineville groundwater pumping pursuant to section 4) 
     that maximizes, to the maximum extent practicable, benefits 
     to downstream fish and wildlife.
       ``(c) Carryover.--Any water stored under subsection (a) in 
     1 water year that is not released during the water year--
       ``(1) shall be carried over to the subsequent water year; 
     and

[[Page S6637]]

       ``(2)(A) may be released for downstream fish and wildlife 
     resources, consistent with subsection (b), until the 
     reservoir reaches maximum capacity in the subsequent water 
     year; and
       ``(B) once the reservoir reaches maximum capacity under 
     subparagraph (A), shall be credited to the `first fill' 
     storage quantities, but not to exceed the maximum `first 
     fill' storage quantities described in section 6(a).
       ``(d) Effect.--Nothing in this section affects the 
     authority of the Commissioner of Reclamation to perform all 
     other traditional and routine activities associated with the 
     Crooked River Project.

     ``SEC. 8. RESERVOIR LEVELS.

       ``The Commissioner of Reclamation shall--
       ``(1) project reservoir water levels over the course of the 
     year; and
       ``(2) make the projections under paragraph (1) available 
     to--
       ``(A) the public (including fisheries groups, recreation 
     interests, and municipal and irrigation stakeholders);
       ``(B) the Assistant Administrator of Fisheries of the 
     National Marine Fisheries Service; and
       ``(C) the Director of the United States Fish and Wildlife 
     Service.

     ``SEC. 9. EFFECT.

       ``Except as otherwise provided in this Act, nothing in this 
     Act--
       ``(1) modifies contractual rights that may exist between 
     contractors and the United States under Reclamation 
     contracts;
       ``(2) amends or reopens contracts referred to in paragraph 
     (1); or
       ``(3) modifies any rights, obligations, or requirements 
     that may be provided or governed by Federal or Oregon State 
     law.''.

     SEC. 5. OCHOCO IRRIGATION DISTRICT.

       (a) Early Repayment.--
       (1) In general.--Notwithstanding section 213 of the 
     Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any 
     landowner within Ochoco Irrigation District, Oregon (referred 
     to in this section as the ``district''), may repay, at any 
     time, the construction costs of the project facilities 
     allocated to the land of the landowner within the district.
       (2) Exemption from limitations.--Upon discharge, in full, 
     of the obligation for repayment of the construction costs 
     allocated to all land of the landowner in the district, the 
     land shall not be subject to the ownership and full-cost 
     pricing limitations of Federal reclamation law (the Act of 
     June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
     supplemental to and amendatory of that Act (43 U.S.C. 371 et 
     seq.)).
       (b) Certification.--Upon the request of a landowner who has 
     repaid, in full, the construction costs of the project 
     facilities allocated to the land of the landowner within the 
     district, the Secretary of the Interior shall provide the 
     certification described in section 213(b)(1) of the 
     Reclamation Reform Act of 1982 (43 U.S.C. 390mm(b)(1)).
       (c) Contract Amendment.--On approval of the district 
     directors and notwithstanding project authorizing authority 
     to the contrary, the Reclamation contracts of the district 
     are modified, without further action by the Secretary of the 
     Interior--
       (1) to authorize the use of water for instream purposes, 
     including fish or wildlife purposes, in order for the 
     district to engage in, or take advantage of, conserved water 
     projects and temporary instream leasing as authorized by 
     Oregon State law;
       (2) to include within the district boundary approximately 
     2,742 acres in the vicinity of McKay Creek, resulting in a 
     total of approximately 44,937 acres within the district 
     boundary;
       (3) to classify as irrigable approximately 685 acres within 
     the approximately 2,742 acres of included land in the 
     vicinity of McKay Creek, with those approximately 685 acres 
     authorized to receive irrigation water pursuant to water 
     rights issued by the State of Oregon if the acres have in the 
     past received water pursuant to State water rights; and
       (4) to provide the district with stored water from 
     Prineville Reservoir for purposes of supplying up to the 
     approximately 685 acres of land added within the district 
     boundary and classified as irrigable under paragraphs (2) and 
     (3), with the stored water to be supplied on an acre-per-acre 
     basis contingent on the transfer of existing appurtenant 
     McKay Creek water rights to instream use and the issuance of 
     water rights by the State of Oregon for the use of stored 
     water.
       (d) Limitation.--Except as otherwise provided in 
     subsections (a) and (c), nothing in this section--
       (1) modifies contractual rights that may exist between the 
     district and the United States under the Reclamation 
     contracts of the district;
       (2) amends or reopens the contracts referred to in 
     paragraph (1); or
       (3) modifies any rights, obligations, or relationships that 
     may exist between the district and any owner of land within 
     the district, as may be provided or governed by Federal or 
     Oregon State law.

     SEC. 6. DRY-YEAR MANAGEMENT PLANNING AND VOLUNTARY RELEASES.

       (a) Participation in Dry-year Management Planning 
     Meetings.--The Bureau of Reclamation shall participate in 
     dry-year management planning meetings with the State of 
     Oregon, the Confederated Tribes of the Warm Springs 
     Reservation of Oregon, municipal, agricultural, conservation, 
     recreation, and other interested stakeholders to plan for 
     dry-year conditions.
       (b) Dry-year Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Bureau of Reclamation shall 
     develop a dry-year management plan in coordination with the 
     participants referred to in subsection (a).
       (2) Requirements.--The plan developed under paragraph (1) 
     shall only recommend strategies, measures, and actions that 
     the irrigation districts and other Bureau of Reclamation 
     contract holders voluntarily agree to implement.
       (3) Limitations.--Nothing in the plan developed under 
     paragraph (1) shall be mandatory or self-implementing.
       (c) Voluntary Release.--In any year, if North Unit 
     Irrigation District or other eligible Bureau of Reclamation 
     contract holders have not initiated contracting with the 
     Bureau of Reclamation for any quantity of the 10,000 acre 
     feet of water described in subsection (a)(3) of section 6 of 
     the Act of August 6, 1956 (70 Stat. 1058) (as added by 
     section 4), by June 1 of any calendar year, with the 
     voluntary agreement of North Unit Irrigation District and 
     other Bureau of Reclamation contract holders referred to in 
     that paragraph, the Secretary may release that quantity of 
     water for the benefit of downstream fish and wildlife as 
     described in section 7 of that Act.

     SEC. 7. HYDROPOWER DECISION.

       Not later than 3 years after the date of enactment of this 
     Act, the Commissioner of Reclamation shall determine the 
     applicability of the jurisdiction of the Commissioner of 
     Reclamation to non-Federal hydropower development pursuant 
     to--
       (1) the Memorandum of Understanding between the Federal 
     Energy Regulatory Commission and the Bureau of Reclamation, 
     Department of the Interior, entitled ``Establishment of 
     Processes for the Early Resolution of Issues Related to the 
     Timely Development of Non-Federal Hydroelectric power at the 
     Bureau of Reclamation Facilities'' and signed November 6, 
     1992 (58 Fed. Reg. 3269); or
       (2) any memorandum of understanding that is subsequent or 
     related to the memorandum of understanding described in 
     paragraph (1).

     SEC. 8. RELATION TO EXISTING LAWS AND STATUTORY OBLIGATIONS.

       Nothing in this Act (or an amendment made by this Act)--
       (1) provides to the Secretary the authority to store and 
     release the ``first fill'' quantities provided for in section 
     6 of the Act of August 6, 1956 (70 Stat. 1058) (as added by 
     section 4) for any purposes other than the purposes provided 
     for in that section, except for--
       (A) the potential instream use resulting from conserved 
     water projects and temporary instream leasing as provided for 
     in section 5(c)(1);
       (B) the potential release of additional amounts that may 
     result from voluntary actions agreed to through the dry-year 
     management plan developed under section 6(b); and
       (C) the potential release of the 10,000 acre feet for 
     downstream fish and wildlife as provided for in section 6(c); 
     or
       (2) alters any responsibilities under Oregon State law or 
     Federal law, including section 7 of the Endangered Species 
     Act (16 U.S.C. 1536).
                                 ______
                                 
  SA 4095. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 
to ensure that emergency services volunteers are not taken into account 
as employees under the shared responsibility requirements contained in 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

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

     SEC. 1080. PREVENTION AND TREATMENT OF PROBLEM GAMBLING 
                   BEHAVIOR.

       (a) Findings.--Congress makes the following findings:
       (1) Gambling addiction is a public health disorder 
     characterized by increasing preoccupation with gambling, loss 
     of control, restlessness, or irritability when attempting to 
     stop gambling, and continuation of the gambling behavior in 
     spite of mounting serious, negative consequences.
       (2) Over 6,000,000 adults met criteria for a gambling 
     problem in 2013.
       (3) According to the National Council on Problem Gambling, 
     it is estimated that between 36,000 and 48,000 active duty 
     military members meet criteria for a gambling problem.
       (4) The Department of Defense operates an estimated 3,000 
     slot machines at military installations overseas that are 
     available to members of the Armed Forces and their families.
       (5) It is estimated that these slot machines generate over 
     $100,000,000 in revenue for the Department of Defense, which 
     is used for further recreational activities for service 
     members.
       (6) The United States Army operates bingo games on military 
     installations in the United States, which generate millions 
     of dollars per year.
       (7) The Department of Defense does not currently have 
     treatment programs for service members with problem gambling 
     behaviors, while it does operate treatment programs for 
     alcohol abuse, illegal substance abuse, and tobacco 
     addiction.

[[Page S6638]]

       (8) Individuals with problem gambling behavior have higher 
     incidences of bankruptcy, domestic abuse, and suicide.
       (9) People who engage in problem gambling have high rates 
     of co-occurring substance abuse and mental health disorders.
       (10) The Diagnostic and Statistical Manual of Mental 
     Disorders (Fifth Edition, published in May 2013) includes 
     gambling addiction as a behavioral addiction. This reflects 
     research findings that gambling disorders are similar to 
     substance-related disorders in clinical expression, brain 
     origin, comorbidity, physiology, and treatment.
       (b) Policy and Programs to Prevent and Treat Gambling 
     Problems.--
       (1) In general.--The Secretary of Defense shall develop a 
     policy and programs on prevention, education, and treatment 
     of problem gambling, including the following elements:
       (A) Prevention programs for members of the Armed Forces and 
     their dependents.
       (B) Responsible gaming education for all members of the 
     Armed Forces and their dependents.
       (C) Establishment of a center of excellence for the 
     residential treatment of the most severe cases of gambling 
     addiction among members of the Armed Forces.
       (D) Policy and programs to integrate gambling addiction 
     into existing mental health and substance abuse programs in 
     order to--
       (i) prevent problem gambling behavior among members of the 
     Armed Forces and their families;
       (ii) provide responsible gaming educational materials to 
     members of the Armed Forces and their family members who 
     gamble; and
       (iii) train existing substance abuse and mental health 
     counselors to provide gambling addiction treatment within 
     current mental health and substance abuse treatment programs 
     for members of the Armed Forces and veterans.
       (E) Assessment of gambling problems and factors related to 
     the development of such problems (including co-occurring 
     disorders such as substance use, post-traumatic stress 
     disorder, traumatic brain injury, stress, and sensation 
     seeking), and the social, health, and financial impacts of 
     gambling on members of the Armed Forces by incorporating 
     questions on problem gambling behavior into ongoing research 
     efforts as appropriate, including restoring them into the 
     Health Related Behaviors Survey of Active Duty Military 
     Personnel.
       (2) Consultation.--The Secretary of Defense shall develop 
     the policies described in paragraph (1) in coordination with 
     the Interagency Task Force on Military and Veterans Mental 
     Health.
       (3) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on efforts 
     undertaken pursuant to paragraph (1).
       (c) Comptroller General Study on Gambling and Problem 
     Gambling in the Armed Forces.--Not later than one year after 
     the date of the enactment of this Act, the Comptroller 
     General of the United States shall conduct and submit to the 
     congressional defense committees a study on the number, type, 
     and location of gambling installations (including bingo) 
     operated by each branch of the Armed Forces, the total amount 
     of cash flow through the gambling installations, the amount 
     of revenue generated, and how the revenue is spent. In 
     addition, the study shall include an assessment of the 
     prevalence of problem gambling in the Armed Forces, including 
     recommendations for military policy and programs to address 
     it.
                                 ______
                                 
  SA 4096. Mr. SCHUMER (for himself and Mr. Cornyn) proposed an 
amendment to the bill S. 1535, to deter terrorism, provide justice for 
victims, and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Justice Against Sponsors of 
     Terrorism Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) International terrorism is a serious and deadly problem 
     that threatens the vital interests of the United States.
       (2) The Constitution confers upon Congress the power to 
     punish crimes against the law of nations and therefore 
     Congress may by law impose penalties on those who provide 
     material support to foreign organizations engaged in 
     terrorist activity, and allow for victims of international 
     terrorism to recover damages from those who have harmed them.
       (3) International terrorism affects the interstate and 
     foreign commerce of the United States by harming 
     international trade and market stability, and limiting 
     international travel by United States citizens as well as 
     foreign visitors to the United States.
       (4) Some foreign terrorist organizations, acting through 
     affiliated groups or individuals, raise significant funds 
     outside of the United States for conduct directed and 
     targeted at the United States.
       (5) It is necessary to recognize the substantive causes of 
     action for aiding and abetting and conspiracy liability under 
     the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.).
       (6) The decision of the United States Court of Appeals for 
     the District of Columbia in Halberstam v. Welch, 705 F.2d 472 
     (D.C. Cir. 1983), which has been widely recognized as the 
     leading case regarding Federal civil aiding and abetting and 
     conspiracy liability, including by the Supreme Court of the 
     United States, provides the proper legal framework for how 
     such liability should function in the context of the Anti-
     Terrorism Act of 1987 (22 U.S.C. 5201 et seq.).
       (7) The United Nations Security Council declared in 
     Resolution 1373, adopted on September 28, 2001, that all 
     countries have an affirmative obligation to ``[r]efrain from 
     providing any form of support, active or passive, to entities 
     or persons involved in terrorist acts,'' and to ``[e]nsure 
     that any person who participates in the financing, planning, 
     preparation or perpetration of terrorist acts or in 
     supporting terrorist acts is brought to justice''.
       (8) Consistent with these declarations, no country has the 
     discretion to engage knowingly in the financing or 
     sponsorship of terrorism, whether directly or indirectly.
       (9) Persons, entities, or countries that knowingly or 
     recklessly contribute material support or resources, directly 
     or indirectly, to persons or organizations that pose a 
     significant risk of committing acts of terrorism that 
     threaten the security of nationals of the United States or 
     the national security, foreign policy, or economy of the 
     United States, necessarily direct their conduct at the United 
     States, and should reasonably anticipate being brought to 
     court in the United States to answer for such activities.
       (10) The United States has a vital interest in providing 
     persons and entities injured as a result of terrorist attacks 
     committed within the United States with full access to the 
     court system in order to pursue civil claims against persons, 
     entities, or countries that have knowingly or recklessly 
     provided material support or resources, directly or 
     indirectly, to the persons or organizations responsible for 
     their injuries.
       (b) Purpose.--The purpose of this Act is to provide civil 
     litigants with the broadest possible basis, consistent with 
     the Constitution of the United States, to seek relief against 
     persons, entities, and foreign countries, wherever acting and 
     wherever they may be found, that have provided material 
     support, directly or indirectly, to foreign organizations or 
     persons that engage in terrorist activities against the 
     United States.

     SEC. 3. FOREIGN SOVEREIGN IMMUNITY.

       Section 1605(a) of title 28, United States Code, is 
     amended--
       (1) by amending paragraph (5) to read as follows:
       ``(5) not otherwise encompassed in paragraph (2), in which 
     money damages are sought against a foreign state arising out 
     of physical injury or death, or damage to or loss of 
     property, occurring in the United States and caused by the 
     tortious act or omission of that foreign state or of any 
     official or employee of that foreign state while acting 
     within the scope of the office or employment of the official 
     or employee (regardless of where the underlying tortious act 
     or omission occurs), including any statutory or common law 
     tort claim arising out of an act of extrajudicial killing, 
     aircraft sabotage, hostage taking, terrorism, or the 
     provision of material support or resources for such an act, 
     or any claim for contribution or indemnity relating to a 
     claim arising out of such an act, except this paragraph shall 
     not apply to--
       ``(A) any claim based upon the exercise or performance of, 
     or the failure to exercise or perform, a discretionary 
     function, regardless of whether the discretion is abused; or
       ``(B) any claim arising out of malicious prosecution, abuse 
     of process, libel, slander, misrepresentation, deceit, 
     interference with contract rights, or any claim for emotional 
     distress or derivative injury suffered as a result of an 
     event or injury to another person that occurs outside of the 
     United States; or''; and
       (2) by inserting after subsection (d) the following:
       ``(e) Definitions.--For purposes of subsection (a)(5)--
       ``(1) the terms `aircraft sabotage', `extrajudicial 
     killing', `hostage taking', and `material support or 
     resources' have the meanings given those terms in section 
     1605A(h); and
       ``(2) the term `terrorism' means international terrorism 
     and domestic terrorism, as those terms are defined in section 
     2331 of title 18.''.

     SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS 
                   REGARDING TERRORIST ACTS.

       (a) In General.--Section 2333 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(d) Liability.--In an action under subsection (a) for an 
     injury arising from an act of international terrorism 
     committed, planned, or authorized by an organization that had 
     been designated as a foreign terrorist organization under 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189), as of the date on which such act of international 
     terrorism was committed, planned, or authorized, or that was 
     so designated as a result of such act of international 
     terrorism, liability may be asserted as to any person who 
     aided, abetted, or conspired with the person who committed 
     such an act of international terrorism.''.
       (b) Effect on Foreign Sovereign Immunities Act.--Nothing in 
     the amendments made by this section affects immunity of a 
     foreign state, as that term is defined in section 1603 of 
     title 28, United States Code, from jurisdiction under other 
     law.

[[Page S6639]]

     SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS REGARDING 
                   TERRORIST ACTS.

       Section 2334 of title 18, United States Code, is amended by 
     inserting at the end the following:
       ``(e) Personal Jurisdiction.--The district courts shall 
     have personal jurisdiction, to the maximum extent permissible 
     under the 5th Amendment to the Constitution of the United 
     States, over any person who commits or aids and abets an act 
     of international terrorism or otherwise sponsors such act or 
     the person who committed such act, for acts of international 
     terrorism in which any national of the United States suffers 
     injury in his or her person, property, or business by reason 
     of such an act in violation of section 2333.''.

     SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS 
                   REGARDING TERRORIST ACTS.

       Section 2337 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 2337. Suits against Government officials

       ``No action may be maintained under section 2333 against--
       ``(1) the United States;
       ``(2) an agency of the United States; or
       ``(3) an officer or employee of the United States or any 
     agency of the United States acting within the official 
     capacity of the officer or employee or under color of legal 
     authority.''.

     SEC. 7. SEVERABILITY.

       If any provision of this Act or any amendment made by this 
     Act, or the application of a provision or amendment to any 
     person or circumstance, is held to be invalid, the remainder 
     of this Act and the amendments made by this Act, and the 
     application of the provisions and amendments to any other 
     person not similarly situated or to other circumstances, 
     shall not be affected by the holding.

     SEC. 8. EFFECTIVE DATE.

       The amendments made by this Act shall apply to any civil 
     action--
       (1) pending on, or commenced on or after, the date of 
     enactment of this Act; and
       (2) arising out of an injury to a person, property, or 
     business on or after September 11, 2001.
                                 ______
                                 
  SA 4097. Mr. KING (for Mr. Rockefeller (for himself and Mr. Thune)) 
proposed an amendment to the bill S. 1353, to provide for an ongoing, 
voluntary public-private partnership to improve cybersecurity, and to 
strengthen cybersecurity research and development, workforce 
development and education, and public awareness and preparedness, and 
for other purposes; 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 
     ``Cybersecurity Enhancement Act of 2014''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. No regulatory authority.
Sec. 4. No additional funds authorized.

         TITLE I--PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY

Sec. 101. Public-private collaboration on cybersecurity.

            TITLE II--CYBERSECURITY RESEARCH AND DEVELOPMENT

Sec. 201. Federal cybersecurity research and development.
Sec. 202. Computer and network security research centers.
Sec. 203. Cybersecurity automation and checklists for government 
              systems.
Sec. 204. National Institute of Standards and Technology cybersecurity 
              research and development.

             TITLE III--EDUCATION AND WORKFORCE DEVELOPMENT

Sec. 301. Cybersecurity competitions and challenges.
Sec. 302. Federal cyber scholarship-for-service program.

           TITLE IV--CYBERSECURITY AWARENESS AND PREPAREDNESS

Sec. 401. National cybersecurity awareness and education program.

       TITLE V--ADVANCEMENT OF CYBERSECURITY TECHNICAL STANDARDS

Sec. 501. Definitions.
Sec. 502. International cybersecurity technical standards.
Sec. 503. Cloud computing strategy.
Sec. 504. Identity management research and development.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Cybersecurity mission.--The term ``cybersecurity 
     mission'' means activities that encompass the full range of 
     threat reduction, vulnerability reduction, deterrence, 
     international engagement, incident response, resiliency, and 
     recovery policies and activities, including computer network 
     operations, information assurance, law enforcement, 
     diplomacy, military, and intelligence missions as such 
     activities relate to the security and stability of 
     cyberspace.
       (2) Information system.--The term ``information system'' 
     has the meaning given that term in section 3502 of title 44, 
     United States Code.

     SEC. 3. NO REGULATORY AUTHORITY.

       Nothing in this Act shall be construed to confer any 
     regulatory authority on any Federal, State, tribal, or local 
     department or agency.

     SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.

       No additional funds are authorized to carry out this Act, 
     and the amendments made by this Act. This Act, and the 
     amendments made by this Act, shall be carried out using 
     amounts otherwise authorized or appropriated.

         TITLE I--PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY

     SEC. 101. PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY.

       (a) Cybersecurity.--Section 2(c) of the National Institute 
     of Standards and Technology Act (15 U.S.C. 272(c)) is 
     amended--
       (1) by redesignating paragraphs (15) through (22) as 
     paragraphs (16) through (23), respectively; and
       (2) by inserting after paragraph (14) the following:
       ``(15) on an ongoing basis, facilitate and support the 
     development of a voluntary, consensus-based, industry-led set 
     of standards, guidelines, best practices, methodologies, 
     procedures, and processes to cost-effectively reduce cyber 
     risks to critical infrastructure (as defined under subsection 
     (e));''.
       (b) Scope and Limitations.--Section 2 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 272) is 
     amended by adding at the end the following:
       ``(e) Cyber Risks.--
       ``(1) In general.--In carrying out the activities under 
     subsection (c)(15), the Director--
       ``(A) shall--
       ``(i) coordinate closely and regularly with relevant 
     private sector personnel and entities, critical 
     infrastructure owners and operators, and other relevant 
     industry organizations, including Sector Coordinating 
     Councils and Information Sharing and Analysis Centers, and 
     incorporate industry expertise;
       ``(ii) consult with the heads of agencies with national 
     security responsibilities, sector-specific agencies and other 
     appropriate agencies, State and local governments, the 
     governments of other nations, and international 
     organizations;
       ``(iii) identify a prioritized, flexible, repeatable, 
     performance-based, and cost-effective approach, including 
     information security measures and controls, that may be 
     voluntarily adopted by owners and operators of critical 
     infrastructure to help them identify, assess, and manage 
     cyber risks;
       ``(iv) include methodologies--

       ``(I) to identify and mitigate impacts of the cybersecurity 
     measures or controls on business confidentiality; and
       ``(II) to protect individual privacy and civil liberties;

       ``(v) incorporate voluntary consensus standards and 
     industry best practices;
       ``(vi) align with voluntary international standards to the 
     fullest extent possible;
       ``(vii) prevent duplication of regulatory processes and 
     prevent conflict with or superseding of regulatory 
     requirements, mandatory standards, and related processes; and
       ``(viii) include such other similar and consistent elements 
     as the Director considers necessary; and
       ``(B) shall not prescribe or otherwise require--
       ``(i) the use of specific solutions;
       ``(ii) the use of specific information or communications 
     technology products or services; or
       ``(iii) that information or communications technology 
     products or services be designed, developed, or manufactured 
     in a particular manner.
       ``(2) Limitation.--Information shared with or provided to 
     the Institute for the purpose of the activities described 
     under subsection (c)(15) shall not be used by any Federal, 
     State, tribal, or local department or agency to regulate the 
     activity of any entity. Nothing in this paragraph shall be 
     construed to modify any regulatory requirement to report or 
     submit information to a Federal, State, tribal, or local 
     department or agency.
       ``(3) Definitions.--In this subsection:
       ``(A) Critical infrastructure.--The term `critical 
     infrastructure' has the meaning given the term in section 
     1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 5195c(e)).
       ``(B) Sector-specific agency.--The term `sector-specific 
     agency' means the Federal department or agency responsible 
     for providing institutional knowledge and specialized 
     expertise as well as leading, facilitating, or supporting the 
     security and resilience programs and associated activities of 
     its designated critical infrastructure sector in the all-
     hazards environment.''.
       (c) Study and Reports.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study that assesses--
       (A) the progress made by the Director of the National 
     Institute of Standards and Technology in facilitating the 
     development of standards and procedures to reduce cyber risks 
     to critical infrastructure in accordance with section 
     2(c)(15) of the National Institute of Standards and 
     Technology Act, as added by this section;
       (B) the extent to which the Director's facilitation efforts 
     are consistent with the directive in such section that the 
     development of such standards and procedures be voluntary and 
     led by industry representatives;

[[Page S6640]]

       (C) the extent to which other Federal agencies have 
     promoted and sectors of critical infrastructure (as defined 
     in section 1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 
     5195c(e))) have adopted a voluntary, industry-led set of 
     standards, guidelines, best practices, methodologies, 
     procedures, and processes to reduce cyber risks to critical 
     infrastructure in accordance with such section 2(c)(15);
       (D) the reasons behind the decisions of sectors of critical 
     infrastructure (as defined in subparagraph (C)) to adopt or 
     to not adopt the voluntary standards described in 
     subparagraph (C); and
       (E) the extent to which such voluntary standards have 
     proved successful in protecting critical infrastructure from 
     cyber threats.
       (2) Reports.--Not later than 1 year after the date of the 
     enactment of this Act, and every 2 years thereafter for the 
     following 6 years, the Comptroller General shall submit a 
     report, which summarizes the findings of the study conducted 
     under paragraph (1), to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives.

            TITLE II--CYBERSECURITY RESEARCH AND DEVELOPMENT

     SEC. 201. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.

       (a) Fundamental Cybersecurity Research.--
       (1) Federal cybersecurity research and development 
     strategic plan.--The heads of the applicable agencies and 
     departments, working through the National Science and 
     Technology Council and the Networking and Information 
     Technology Research and Development Program, shall develop 
     and update every 4 years a Federal cybersecurity research and 
     development strategic plan (referred to in this subsection as 
     the ``strategic plan'') based on an assessment of 
     cybersecurity risk to guide the overall direction of Federal 
     cybersecurity and information assurance research and 
     development for information technology and networking 
     systems. The heads of the applicable agencies and departments 
     shall build upon existing programs and plans to develop the 
     strategic plan to meet objectives in cybersecurity, such as--
       (A) how to design and build complex software-intensive 
     systems that are secure and reliable when first deployed;
       (B) how to test and verify that software and hardware, 
     whether developed locally or obtained from a third party, is 
     free of significant known security flaws;
       (C) how to test and verify that software and hardware 
     obtained from a third party correctly implements stated 
     functionality, and only that functionality;
       (D) how to guarantee the privacy of an individual, 
     including that individual's identity, information, and lawful 
     transactions when stored in distributed systems or 
     transmitted over networks;
       (E) how to build new protocols to enable the Internet to 
     have robust security as one of the key capabilities of the 
     Internet;
       (F) how to determine the origin of a message transmitted 
     over the Internet;
       (G) how to support privacy in conjunction with improved 
     security;
       (H) how to address the problem of insider threats;
       (I) how improved consumer education and digital literacy 
     initiatives can address human factors that contribute to 
     cybersecurity;
       (J) how to protect information processed, transmitted, or 
     stored using cloud computing or transmitted through wireless 
     services; and
       (K) any additional objectives the heads of the applicable 
     agencies and departments, in coordination with the head of 
     any relevant Federal agency and with input from stakeholders, 
     including appropriate national laboratories, industry, and 
     academia, determine appropriate.
       (2) Requirements.--
       (A) Contents of plan.--The strategic plan shall--
       (i) specify and prioritize near-term, mid-term, and long-
     term research objectives, including objectives associated 
     with the research identified in section 4(a)(1) of the Cyber 
     Security Research and Development Act (15 U.S.C. 7403(a)(1));
       (ii) specify how the near-term objectives described in 
     clause (i) complement research and development areas in which 
     the private sector is actively engaged;
       (iii) describe how the heads of the applicable agencies and 
     departments will focus on innovative, transformational 
     technologies with the potential to enhance the security, 
     reliability, resilience, and trustworthiness of the digital 
     infrastructure, and to protect consumer privacy;
       (iv) describe how the heads of the applicable agencies and 
     departments will foster the rapid transfer of research and 
     development results into new cybersecurity technologies and 
     applications for the timely benefit of society and the 
     national interest, including through the dissemination of 
     best practices and other outreach activities;
       (v) describe how the heads of the applicable agencies and 
     departments will establish and maintain a national research 
     infrastructure for creating, testing, and evaluating the next 
     generation of secure networking and information technology 
     systems; and
       (vi) describe how the heads of the applicable agencies and 
     departments will facilitate access by academic researchers to 
     the infrastructure described in clause (v), as well as to 
     relevant data, including event data.
       (B) Private sector efforts.--In developing, implementing, 
     and updating the strategic plan, the heads of the applicable 
     agencies and departments, working through the National 
     Science and Technology Council and Networking and Information 
     Technology Research and Development Program, shall work in 
     close cooperation with industry, academia, and other 
     interested stakeholders to ensure, to the extent possible, 
     that Federal cybersecurity research and development is not 
     duplicative of private sector efforts.
       (C) Recommendations.--In developing and updating the 
     strategic plan the heads of the applicable agencies and 
     departments shall solicit recommendations and advice from--
       (i) the advisory committee established under section 
     101(b)(1) of the High-Performance Computing Act of 1991 (15 
     U.S.C. 5511(b)(1)); and
       (ii) a wide range of stakeholders, including industry, 
     academia, including representatives of minority serving 
     institutions and community colleges, National Laboratories, 
     and other relevant organizations and institutions.
       (D) Implementation roadmap.--The heads of the applicable 
     agencies and departments, working through the National 
     Science and Technology Council and Networking and Information 
     Technology Research and Development Program, shall develop 
     and annually update an implementation roadmap for the 
     strategic plan. The implementation roadmap shall--
       (i) specify the role of each Federal agency in carrying out 
     or sponsoring research and development to meet the research 
     objectives of the strategic plan, including a description of 
     how progress toward the research objectives will be 
     evaluated;
       (ii) specify the funding allocated to each major research 
     objective of the strategic plan and the source of funding by 
     agency for the current fiscal year;
       (iii) estimate the funding required for each major research 
     objective of the strategic plan for the following 3 fiscal 
     years; and
       (iv) track ongoing and completed Federal cybersecurity 
     research and development projects.
       (3) Reports to congress.--The heads of the applicable 
     agencies and departments, working through the National 
     Science and Technology Council and Networking and Information 
     Technology Research and Development Program, shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives--
       (A) the strategic plan not later than 1 year after the date 
     of enactment of this Act;
       (B) each quadrennial update to the strategic plan; and
       (C) the implementation roadmap under subparagraph (D), and 
     its annual updates, which shall be appended to the annual 
     report required under section 101(a)(2)(D) of the High-
     Performance Computing Act of 1991 (15 U.S.C. 5511(a)(2)(D)).
       (4) Definition of applicable agencies and departments.--In 
     this subsection, the term ``applicable agencies and 
     departments'' means the agencies and departments identified 
     in clauses (i) through (x) of section 101(a)(3)(B) of the 
     High-Performance Computing Act of 1991 (15 U.S.C. 
     5511(a)(3)(B)) or designated under clause (xi) of that 
     section.
       (b) Cybersecurity Practices Research.--The Director of the 
     National Science Foundation shall support research that--
       (1) develops, evaluates, disseminates, and integrates new 
     cybersecurity practices and concepts into the core curriculum 
     of computer science programs and of other programs where 
     graduates of such programs have a substantial probability of 
     developing software after graduation, including new practices 
     and concepts relating to secure coding education and 
     improvement programs; and
       (2) develops new models for professional development of 
     faculty in cybersecurity education, including secure coding 
     development.
       (c) Cybersecurity Modeling and Test Beds.--
       (1) Review.--Not later than 1 year after the date of 
     enactment of this Act, the Director the National Science 
     Foundation, in coordination with the Director of the Office 
     of Science and Technology Policy, shall conduct a review of 
     cybersecurity test beds in existence on the date of enactment 
     of this Act to inform the grants under paragraph (2). The 
     review shall include an assessment of whether a sufficient 
     number of cybersecurity test beds are available to meet the 
     research needs under the Federal cybersecurity research and 
     development strategic plan. Upon completion, the Director 
     shall submit the review to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Science, Space, and Technology of the House of 
     Representatives.
       (2) Additional cybersecurity modeling and test beds.--
       (A) In general.--If the Director of the National Science 
     Foundation, after the review under paragraph (1), determines 
     that the research needs under the Federal cybersecurity 
     research and development strategic plan require the 
     establishment of additional cybersecurity test beds, the 
     Director of the National Science Foundation, in coordination 
     with the Secretary of Commerce and the Secretary of Homeland 
     Security, may award grants to institutions of higher 
     education or

[[Page S6641]]

     research and development non-profit institutions to establish 
     cybersecurity test beds.
       (B) Requirement.--The cybersecurity test beds under 
     subparagraph (A) shall be sufficiently robust in order to 
     model the scale and complexity of real-time cyber attacks and 
     defenses on real world networks and environments.
       (C) Assessment required.--The Director of the National 
     Science Foundation, in coordination with the Secretary of 
     Commerce and the Secretary of Homeland Security, shall 
     evaluate the effectiveness of any grants awarded under this 
     subsection in meeting the objectives of the Federal 
     cybersecurity research and development strategic plan not 
     later than 2 years after the review under paragraph (1) of 
     this subsection, and periodically thereafter.
       (d) Coordination With Other Research Initiatives.--In 
     accordance with the responsibilities under section 101 of the 
     High-Performance Computing Act of 1991 (15 U.S.C. 5511), the 
     Director the Office of Science and Technology Policy shall 
     coordinate, to the extent practicable, Federal research and 
     development activities under this section with other ongoing 
     research and development security-related initiatives, 
     including research being conducted by--
       (1) the National Science Foundation;
       (2) the National Institute of Standards and Technology;
       (3) the Department of Homeland Security;
       (4) other Federal agencies;
       (5) other Federal and private research laboratories, 
     research entities, and universities;
       (6) institutions of higher education;
       (7) relevant nonprofit organizations; and
       (8) international partners of the United States.
       (e) National Science Foundation Computer and Network 
     Security Research Grant Areas.--Section 4(a)(1) of the Cyber 
     Security Research and Development Act (15 U.S.C. 7403(a)(1)) 
     is amended--
       (1) in subparagraph (H), by striking ``and'' at the end;
       (2) in subparagraph (I), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(J) secure fundamental protocols that are integral to 
     inter-network communications and data exchange;
       ``(K) secure software engineering and software assurance, 
     including--
       ``(i) programming languages and systems that include 
     fundamental security features;
       ``(ii) portable or reusable code that remains secure when 
     deployed in various environments;
       ``(iii) verification and validation technologies to ensure 
     that requirements and specifications have been implemented; 
     and
       ``(iv) models for comparison and metrics to assure that 
     required standards have been met;
       ``(L) holistic system security that--
       ``(i) addresses the building of secure systems from trusted 
     and untrusted components;
       ``(ii) proactively reduces vulnerabilities;
       ``(iii) addresses insider threats; and
       ``(iv) supports privacy in conjunction with improved 
     security;
       ``(M) monitoring and detection;
       ``(N) mitigation and rapid recovery methods;
       ``(O) security of wireless networks and mobile devices; and
       ``(P) security of cloud infrastructure and services.''.
       (f) Research on the Science of Cybersecurity.--The head of 
     each agency and department identified under section 
     101(a)(3)(B) of the High-Performance Computing Act of 1991 
     (15 U.S.C. 5511(a)(3)(B)), through existing programs and 
     activities, shall support research that will lead to the 
     development of a scientific foundation for the field of 
     cybersecurity, including research that increases 
     understanding of the underlying principles of securing 
     complex networked systems, enables repeatable 
     experimentation, and creates quantifiable security metrics.

     SEC. 202. COMPUTER AND NETWORK SECURITY RESEARCH CENTERS.

       Section 4(b) of the Cyber Security Research and Development 
     Act (15 U.S.C. 7403(b)) is amended--
       (1) in paragraph (3), by striking ``the research areas'' 
     and inserting the following: ``improving the security and 
     resiliency of information technology, reducing cyber 
     vulnerabilities, and anticipating and mitigating consequences 
     of cyber attacks on critical infrastructure, by conducting 
     research in the areas'';
       (2) by striking ``the center'' in paragraph (4)(D) and 
     inserting ``the Center''; and
       (3) in paragraph (5)--
       (A) by striking ``and'' at the end of subparagraph (C);
       (B) by striking the period at the end of subparagraph (D) 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(E) the demonstrated capability of the applicant to 
     conduct high performance computation integral to complex 
     computer and network security research, through on-site or 
     off-site computing;
       ``(F) the applicant's affiliation with private sector 
     entities involved with industrial research described in 
     subsection (a)(1);
       ``(G) the capability of the applicant to conduct research 
     in a secure environment;
       ``(H) the applicant's affiliation with existing research 
     programs of the Federal Government;
       ``(I) the applicant's experience managing public-private 
     partnerships to transition new technologies into a commercial 
     setting or the government user community;
       ``(J) the capability of the applicant to conduct 
     interdisciplinary cybersecurity research, basic and applied, 
     such as in law, economics, or behavioral sciences; and
       ``(K) the capability of the applicant to conduct research 
     in areas such as systems security, wireless security, 
     networking and protocols, formal methods and high-performance 
     computing, nanotechnology, or industrial control systems.''.

     SEC. 203. CYBERSECURITY AUTOMATION AND CHECKLISTS FOR 
                   GOVERNMENT SYSTEMS.

       Section 8(c) of the Cyber Security Research and Development 
     Act (15 U.S.C. 7406(c)) is amended to read as follows:
       ``(c) Security Automation and Checklists for Government 
     Systems.--
       ``(1) In general.--The Director of the National Institute 
     of Standards and Technology shall, as necessary, develop and 
     revise security automation standards, associated reference 
     materials (including protocols), and checklists providing 
     settings and option selections that minimize the security 
     risks associated with each information technology hardware or 
     software system and security tool that is, or is likely to 
     become, widely used within the Federal Government, thereby 
     enabling standardized and interoperable technologies, 
     architectures, and frameworks for continuous monitoring of 
     information security within the Federal Government.
       ``(2) Priorities for development.--The Director of the 
     National Institute of Standards and Technology shall 
     establish priorities for the development of standards, 
     reference materials, and checklists under this subsection on 
     the basis of--
       ``(A) the security risks associated with the use of the 
     system;
       ``(B) the number of agencies that use a particular system 
     or security tool;
       ``(C) the usefulness of the standards, reference materials, 
     or checklists to Federal agencies that are users or potential 
     users of the system;
       ``(D) the effectiveness of the associated standard, 
     reference material, or checklist in creating or enabling 
     continuous monitoring of information security; or
       ``(E) such other factors as the Director of the National 
     Institute of Standards and Technology determines to be 
     appropriate.
       ``(3) Excluded systems.--The Director of the National 
     Institute of Standards and Technology may exclude from the 
     application of paragraph (1) any information technology 
     hardware or software system or security tool for which such 
     Director determines that the development of a standard, 
     reference material, or checklist is inappropriate because of 
     the infrequency of use of the system, the obsolescence of the 
     system, or the lack of utility or impracticability of 
     developing a standard, reference material, or checklist for 
     the system.
       ``(4) Dissemination of standards and related materials.--
     The Director of the National Institute of Standards and 
     Technology shall ensure that Federal agencies are informed of 
     the availability of any standard, reference material, 
     checklist, or other item developed under this subsection.
       ``(5) Agency use requirements.--The development of 
     standards, reference materials, and checklists under 
     paragraph (1) for an information technology hardware or 
     software system or tool does not--
       ``(A) require any Federal agency to select the specific 
     settings or options recommended by the standard, reference 
     material, or checklist for the system;
       ``(B) establish conditions or prerequisites for Federal 
     agency procurement or deployment of any such system;
       ``(C) imply an endorsement of any such system by the 
     Director of the National Institute of Standards and 
     Technology; or
       ``(D) preclude any Federal agency from procuring or 
     deploying other information technology hardware or software 
     systems for which no such standard, reference material, or 
     checklist has been developed or identified under paragraph 
     (1).''.

     SEC. 204. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
                   CYBERSECURITY RESEARCH AND DEVELOPMENT.

       Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Intramural Security Research.--As part of the 
     research activities conducted in accordance with subsection 
     (d)(3), the Institute shall, to the extent practicable and 
     appropriate--
       ``(1) conduct a research program to develop a unifying and 
     standardized identity, privilege, and access control 
     management framework for the execution of a wide variety of 
     resource protection policies and that is amenable to 
     implementation within a wide variety of existing and emerging 
     computing environments;
       ``(2) carry out research associated with improving the 
     security of information systems and networks;
       ``(3) carry out research associated with improving the 
     testing, measurement, usability, and assurance of information 
     systems and networks;
       ``(4) carry out research associated with improving security 
     of industrial control systems;

[[Page S6642]]

       ``(5) carry out research associated with improving the 
     security and integrity of the information technology supply 
     chain; and
       ``(6) carry out any additional research the Institute 
     determines appropriate.''.

             TITLE III--EDUCATION AND WORKFORCE DEVELOPMENT

     SEC. 301. CYBERSECURITY COMPETITIONS AND CHALLENGES.

       (a) In General.--The Secretary of Commerce, Director of the 
     National Science Foundation, and Secretary of Homeland 
     Security, in consultation with the Director of the Office of 
     Personnel Management, shall--
       (1) support competitions and challenges under section 24 of 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3719) (as amended by section 105 of the America 
     COMPETES Reauthorization Act of 2010 (124 Stat. 3989)) or any 
     other provision of law, as appropriate--
       (A) to identify, develop, and recruit talented individuals 
     to perform duties relating to the security of information 
     technology in Federal, State, local, and tribal government 
     agencies, and the private sector; or
       (B) to stimulate innovation in basic and applied 
     cybersecurity research, technology development, and prototype 
     demonstration that has the potential for application to the 
     information technology activities of the Federal Government; 
     and
       (2) ensure the effective operation of the competitions and 
     challenges under this section.
       (b) Participation.--Participants in the competitions and 
     challenges under subsection (a)(1) may include--
       (1) students enrolled in grades 9 through 12;
       (2) students enrolled in a postsecondary program of study 
     leading to a baccalaureate degree at an institution of higher 
     education;
       (3) students enrolled in a postbaccalaureate program of 
     study at an institution of higher education;
       (4) institutions of higher education and research 
     institutions;
       (5) veterans; and
       (6) other groups or individuals that the Secretary of 
     Commerce, Director of the National Science Foundation, and 
     Secretary of Homeland Security determine appropriate.
       (c) Affiliation and Cooperative Agreements.--Competitions 
     and challenges under this section may be carried out through 
     affiliation and cooperative agreements with--
       (1) Federal agencies;
       (2) regional, State, or school programs supporting the 
     development of cyber professionals;
       (3) State, local, and tribal governments; or
       (4) other private sector organizations.
       (d) Areas of Skill.--Competitions and challenges under 
     subsection (a)(1)(A) shall be designed to identify, develop, 
     and recruit exceptional talent relating to--
       (1) ethical hacking;
       (2) penetration testing;
       (3) vulnerability assessment;
       (4) continuity of system operations;
       (5) security in design;
       (6) cyber forensics;
       (7) offensive and defensive cyber operations; and
       (8) other areas the Secretary of Commerce, Director of the 
     National Science Foundation, and Secretary of Homeland 
     Security consider necessary to fulfill the cybersecurity 
     mission.
       (e) Topics.--In selecting topics for competitions and 
     challenges under subsection (a)(1), the Secretary of 
     Commerce, Director of the National Science Foundation, and 
     Secretary of Homeland Security--
       (1) shall consult widely both within and outside the 
     Federal Government; and
       (2) may empanel advisory committees.
       (f) Internships.--The Director of the Office of Personnel 
     Management may support, as appropriate, internships or other 
     work experience in the Federal Government to the winners of 
     the competitions and challenges under this section.

     SEC. 302. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.

       (a) In General.--The Director of the National Science 
     Foundation, in coordination with the Director of the Office 
     of Personnel Management and Secretary of Homeland Security, 
     shall continue a Federal cyber scholarship-for-service 
     program to recruit and train the next generation of 
     information technology professionals, industrial control 
     system security professionals, and security managers to meet 
     the needs of the cybersecurity mission for Federal, State, 
     local, and tribal governments.
       (b) Program Description and Components.--The Federal Cyber 
     Scholarship-for-Service Program shall--
       (1) provide scholarships through qualified institutions of 
     higher education, including community colleges, to students 
     who are enrolled in programs of study at institutions of 
     higher education leading to degrees or specialized program 
     certifications in the cybersecurity field;
       (2) provide the scholarship recipients with summer 
     internship opportunities or other meaningful temporary 
     appointments in the Federal information technology workforce; 
     and
       (3) prioritize the employment placement of scholarship 
     recipients in the Federal Government.
       (c) Scholarship Amounts.--Each scholarship under subsection 
     (b) shall be in an amount that covers the student's tuition 
     and fees at the institution under subsection (b)(1) for not 
     more than 3 years and provides the student with an additional 
     stipend.
       (d) Post-award Employment Obligations.--Each scholarship 
     recipient, as a condition of receiving a scholarship under 
     the program, shall enter into an agreement under which the 
     recipient agrees to work in the cybersecurity mission of a 
     Federal, State, local, or tribal agency for a period equal to 
     the length of the scholarship following receipt of the 
     student's degree.
       (e) Hiring Authority.--
       (1) Appointment in excepted service.--Notwithstanding any 
     provision of chapter 33 of title 5, United States Code, 
     governing appointments in the competitive service, an agency 
     shall appoint in the excepted service an individual who has 
     completed the eligible degree program for which a scholarship 
     was awarded.
       (2) Noncompetitive conversion.--Except as provided in 
     paragraph (4), upon fulfillment of the service term, an 
     employee appointed under paragraph (1) may be converted 
     noncompetitively to term, career-conditional or career 
     appointment.
       (3) Timing of conversion.--An agency may noncompetitively 
     convert a term employee appointed under paragraph (2) to a 
     career-conditional or career appointment before the term 
     appointment expires.
       (4) Authority to decline conversion.--An agency may decline 
     to make the noncompetitive conversion or appointment under 
     paragraph (2) for cause.
       (f) Eligibility.--To be eligible to receive a scholarship 
     under this section, an individual shall--
       (1) be a citizen or lawful permanent resident of the United 
     States;
       (2) demonstrate a commitment to a career in improving the 
     security of information technology;
       (3) have demonstrated a high level of proficiency in 
     mathematics, engineering, or computer sciences;
       (4) be a full-time student in an eligible degree program at 
     a qualified institution of higher education, as determined by 
     the Director of the National Science Foundation; and
       (5) accept the terms of a scholarship under this section.
       (g) Conditions of Support.--
       (1) In general.--As a condition of receiving a scholarship 
     under this section, a recipient shall agree to provide the 
     qualified institution of higher education with annual 
     verifiable documentation of post-award employment and up-to-
     date contact information.
       (2) Terms.--A scholarship recipient under this section 
     shall be liable to the United States as provided in 
     subsection (i) if the individual--
       (A) fails to maintain an acceptable level of academic 
     standing at the applicable institution of higher education, 
     as determined by the Director of the National Science 
     Foundation;
       (B) is dismissed from the applicable institution of higher 
     education for disciplinary reasons;
       (C) withdraws from the eligible degree program before 
     completing the program;
       (D) declares that the individual does not intend to fulfill 
     the post-award employment obligation under this section; or
       (E) fails to fulfill the post-award employment obligation 
     of the individual under this section.
       (h) Monitoring Compliance.--As a condition of participating 
     in the program, a qualified institution of higher education 
     shall--
       (1) enter into an agreement with the Director of the 
     National Science Foundation, to monitor the compliance of 
     scholarship recipients with respect to their post-award 
     employment obligations; and
       (2) provide to the Director of the National Science 
     Foundation, on an annual basis, the post-award employment 
     documentation required under subsection (g)(1) for 
     scholarship recipients through the completion of their post-
     award employment obligations.
       (i) Amount of Repayment.--
       (1) Less than 1 year of service.--If a circumstance 
     described in subsection (g)(2) occurs before the completion 
     of 1 year of a post-award employment obligation under this 
     section, the total amount of scholarship awards received by 
     the individual under this section shall--
       (A) be repaid; or
       (B) be treated as a loan to be repaid in accordance with 
     subsection (j).
       (2) 1 or more years of service.--If a circumstance 
     described in subparagraph (D) or (E) of subsection (g)(2) 
     occurs after the completion of 1 or more years of a post-
     award employment obligation under this section, the total 
     amount of scholarship awards received by the individual under 
     this section, reduced by the ratio of the number of years of 
     service completed divided by the number of years of service 
     required, shall--
       (A) be repaid; or
       (B) be treated as a loan to be repaid in accordance with 
     subsection (j).
       (j) Repayments.--A loan described subsection (i) shall--
       (1) be treated as a Federal Direct Unsubsidized Stafford 
     Loan under part D of title IV of the Higher Education Act of 
     1965 (20 U.S.C. 1087a et seq.); and
       (2) be subject to repayment, together with interest thereon 
     accruing from the date of the scholarship award, in 
     accordance with terms and conditions specified by the 
     Director of the National Science Foundation (in consultation 
     with the Secretary of Education) in regulations promulgated 
     to carry out this subsection.
       (k) Collection of Repayment.--

[[Page S6643]]

       (1) In general.--In the event that a scholarship recipient 
     is required to repay the scholarship award under this 
     section, the qualified institution of higher education 
     providing the scholarship shall--
       (A) determine the repayment amounts and notify the 
     recipient and the Director of the National Science Foundation 
     of the amounts owed; and
       (B) collect the repayment amounts within a period of time 
     as determined by the Director of the National Science 
     Foundation, or the repayment amounts shall be treated as a 
     loan in accordance with subsection (j).
       (2) Returned to treasury.--Except as provided in paragraph 
     (3), any repayment under this subsection shall be returned to 
     the Treasury of the United States.
       (3) Retain percentage.--A qualified institution of higher 
     education may retain a percentage of any repayment the 
     institution collects under this subsection to defray 
     administrative costs associated with the collection. The 
     Director of the National Science Foundation shall establish a 
     single, fixed percentage that will apply to all eligible 
     entities.
       (l) Exceptions.--The Director of the National Science 
     Foundation may provide for the partial or total waiver or 
     suspension of any service or payment obligation by an 
     individual under this section whenever compliance by the 
     individual with the obligation is impossible or would involve 
     extreme hardship to the individual, or if enforcement of such 
     obligation with respect to the individual would be 
     unconscionable.
       (m) Evaluation and Report.--The Director of the National 
     Science Foundation shall evaluate and report periodically to 
     Congress on the success of recruiting individuals for 
     scholarships under this section and on hiring and retaining 
     those individuals in the public sector workforce.

           TITLE IV--CYBERSECURITY AWARENESS AND PREPAREDNESS

     SEC. 401. NATIONAL CYBERSECURITY AWARENESS AND EDUCATION 
                   PROGRAM.

       (a) National Cybersecurity Awareness and Education 
     Program.--The Director of the National Institute of Standards 
     and Technology (referred to in this section as the 
     ``Director''), in consultation with appropriate Federal 
     agencies, industry, educational institutions, National 
     Laboratories, the Networking and Information Technology 
     Research and Development program, and other organizations 
     shall continue to coordinate a national cybersecurity 
     awareness and education program, that includes activities 
     such as--
       (1) the widespread dissemination of cybersecurity technical 
     standards and best practices identified by the Director;
       (2) efforts to make cybersecurity best practices usable by 
     individuals, small to medium-sized businesses, educational 
     institutions, and State, local, and tribal governments;
       (3) increasing public awareness of cybersecurity, cyber 
     safety, and cyber ethics;
       (4) increasing the understanding of State, local, and 
     tribal governments, institutions of higher education, and 
     private sector entities of--
       (A) the benefits of ensuring effective risk management of 
     information technology versus the costs of failure to do so; 
     and
       (B) the methods to mitigate and remediate vulnerabilities;
       (5) supporting formal cybersecurity education programs at 
     all education levels to prepare and improve a skilled 
     cybersecurity and computer science workforce for the private 
     sector and Federal, State, local, and tribal government; and
       (6) promoting initiatives to evaluate and forecast future 
     cybersecurity workforce needs of the Federal Government and 
     develop strategies for recruitment, training, and retention.
       (b) Considerations.--In carrying out the authority 
     described in subsection (a), the Director, in consultation 
     with appropriate Federal agencies, shall leverage existing 
     programs designed to inform the public of safety and security 
     of products or services, including self-certifications and 
     independently verified assessments regarding the 
     quantification and valuation of information security risk.
       (c) Strategic Plan.--The Director, in cooperation with 
     relevant Federal agencies and other stakeholders, shall build 
     upon programs and plans in effect as of the date of enactment 
     of this Act to develop and implement a strategic plan to 
     guide Federal programs and activities in support of the 
     national cybersecurity awareness and education program under 
     subsection (a).
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Director shall transmit the strategic plan under subsection 
     (c) to the Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives.

       TITLE V--ADVANCEMENT OF CYBERSECURITY TECHNICAL STANDARDS

     SEC. 501. DEFINITIONS.

       In this title:
       (1) Director.--The term ``Director'' means the Director of 
     the National Institute of Standards and Technology.
       (2) Institute.--The term ``Institute'' means the National 
     Institute of Standards and Technology.

     SEC. 502. INTERNATIONAL CYBERSECURITY TECHNICAL STANDARDS.

       (a) In General.--The Director, in coordination with 
     appropriate Federal authorities, shall--
       (1) as appropriate, ensure coordination of Federal agencies 
     engaged in the development of international technical 
     standards related to information system security; and
       (2) not later than 1 year after the date of enactment of 
     this Act, develop and transmit to Congress a plan for 
     ensuring such Federal agency coordination.
       (b) Consultation With the Private Sector.--In carrying out 
     the activities specified in subsection (a)(1), the Director 
     shall ensure consultation with appropriate private sector 
     stakeholders.

     SEC. 503. CLOUD COMPUTING STRATEGY.

       (a) In General.--The Director, in coordination with the 
     Office of Management and Budget, in collaboration with the 
     Federal Chief Information Officers Council, and in 
     consultation with other relevant Federal agencies and 
     stakeholders from the private sector, shall continue to 
     develop and encourage the implementation of a comprehensive 
     strategy for the use and adoption of cloud computing services 
     by the Federal Government.
       (b) Activities.--In carrying out the strategy described 
     under subsection (a), the Director shall give consideration 
     to activities that--
       (1) accelerate the development, in collaboration with the 
     private sector, of standards that address interoperability 
     and portability of cloud computing services;
       (2) advance the development of conformance testing 
     performed by the private sector in support of cloud computing 
     standardization; and
       (3) support, in coordination with the Office of Management 
     and Budget, and in consultation with the private sector, the 
     development of appropriate security frameworks and reference 
     materials, and the identification of best practices, for use 
     by Federal agencies to address security and privacy 
     requirements to enable the use and adoption of cloud 
     computing services, including activities--
       (A) to ensure the physical security of cloud computing data 
     centers and the data stored in such centers;
       (B) to ensure secure access to the data stored in cloud 
     computing data centers;
       (C) to develop security standards as required under section 
     20 of the National Institute of Standards and Technology Act 
     (15 U.S.C. 278g-3); and
       (D) to support the development of the automation of 
     continuous monitoring systems.

     SEC. 504. IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT.

       The Director shall continue a program to support the 
     development of voluntary and cost-effective technical 
     standards, metrology, testbeds, and conformance criteria, 
     taking into account appropriate user concerns--
       (1) to improve interoperability among identity management 
     technologies;
       (2) to strengthen authentication methods of identity 
     management systems;
       (3) to improve privacy protection in identity management 
     systems, including health information technology systems, 
     through authentication and security protocols; and
       (4) to improve the usability of identity management 
     systems.
                                 ______
                                 
  SA 4098. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 
to ensure that emergency services volunteers are not taken into account 
as employees under the shared responsibility requirements contained in 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

                DIVISION E--EFFECT OF CERTAIN PROVISIONS

     SEC. 5001. SEALASKA LAND ENTITLEMENT FINALIZATION.

       Notwithstanding any other provision of this Act, section 
     3002 shall have no force or effect.

     SEC. 5002. BLACKSTONE RIVER VALLEY NATIONAL HISTORICAL PARK.

       Notwithstanding any other provision of this Act, section 
     3031 shall have no force or effect.

     SEC. 5003. COLTSVILLE NATIONAL HISTORICAL PARK.

       Notwithstanding any other provision of this Act, section 
     3032 shall have no force or effect.

     SEC. 5004. FIRST STATE NATIONAL HISTORICAL PARK.

       Notwithstanding any other provision of this Act, section 
     3033 shall have no force or effect.

     SEC. 5005. HINCHLIFFE STADIUM ADDITION TO PATERSON GREAT 
                   FALLS NATIONAL HISTORICAL PARK.

       Notwithstanding any other provision of this Act, section 
     3037 shall have no force or effect.

     SEC. 5006. MANHATTAN PROJECT NATIONAL HISTORICAL PARK.

       Notwithstanding any other provision of this Act, section 
     3039 shall have no force or effect.

     SEC. 5007. VALLES CALDERA NATIONAL PRESERVE, NEW MEXICO.

       Notwithstanding any other provision of this Act, section 
     3043 shall have no force or effect.

[[Page S6644]]

     SEC. 5008. VICKSBURG NATIONAL MILITARY PARK.

       Notwithstanding any other provision of this Act, section 
     3044 shall have no force or effect.

     SEC. 5009. REVOLUTIONARY WAR AND WAR OF 1812 AMERICAN 
                   BATTLEFIELD PROTECTION PROGRAM.

       Notwithstanding any other provision of this Act, section 
     3050 shall have no force or effect.

     SEC. 5010. SPECIAL RESOURCE STUDIES.

       Notwithstanding any other provision of this Act, section 
     3051 shall have no force or effect.

     SEC. 5011. NATIONAL HERITAGE AREAS AND CORRIDORS.

       Notwithstanding any other provision of this Act, section 
     3052 shall have no force or effect.

     SEC. 5012. COMMISSION TO STUDY THE POTENTIAL CREATION OF A 
                   NATIONAL WOMEN'S HISTORY MUSEUM.

       Notwithstanding any other provision of this Act, section 
     3056 shall have no force or effect.

     SEC. 5013. ALPINE LAKES WILDERNESS ADDITIONS AND PRATT AND 
                   MIDDLE FORK SNOQUALMIE RIVERS PROTECTION.

       Notwithstanding any other provision of this Act, section 
     3060 shall have no force or effect.

     SEC. 5014. COLUMBINE-HONDO WILDERNESS.

       Notwithstanding any other provision of this Act, section 
     3061 shall have no force or effect.

     SEC. 5015. HERMOSA CREEK WATERSHED PROTECTION.

       Notwithstanding any other provision of this Act, section 
     3062 shall have no force or effect.

     SEC. 5016. NORTH FORK FEDERAL LANDS WITHDRAWAL AREA.

       Notwithstanding any other provision of this Act, section 
     3063 shall have no force or effect.

     SEC. 5017. PINE FOREST RANGE WILDERNESS.

       Notwithstanding any other provision of this Act, section 
     3064 shall have no force or effect.

     SEC. 5018. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA 
                   AND WILDERNESS ADDITIONS.

       Notwithstanding any other provision of this Act, section 
     3065 shall have no force or effect.

     SEC. 5019. WOVOKA WILDERNESS.

       Notwithstanding any other provision of this Act, section 
     3066 shall have no force or effect.

     SEC. 5020. WITHDRAWAL AREA RELATED TO WOVOKA WILDERNESS.

       Notwithstanding any other provision of this Act, section 
     3067 shall have no force or effect.

     SEC. 5021. ILLABOT CREEK, WASHINGTON, WILD AND SCENIC RIVER.

       Notwithstanding any other provision of this Act, section 
     3071 shall have no force or effect.

     SEC. 5022. MISSISQUOI AND TROUT WILD AND SCENIC RIVERS, 
                   VERMONT.

       Notwithstanding any other provision of this Act, section 
     3072 shall have no force or effect.

     SEC. 5023. WHITE CLAY CREEK WILD AND SCENIC RIVER EXPANSION.

       Notwithstanding any other provision of this Act, section 
     3073 shall have no force or effect.

     SEC. 5024. STUDIES OF WILD AND SCENIC RIVERS.

       Notwithstanding any other provision of this Act, section 
     3074 shall have no force or effect.

     SEC. 5025. MISCELLANEOUS ISSUES RELATED TO LAS VEGAS VALLEY 
                   PUBLIC LAND AND TULE SPRINGS FOSSIL BEDS 
                   NATIONAL MONUMENT.

       Notwithstanding any other provision of this Act, section 
     3092 shall have no force or effect.

     SEC. 5026. REFINANCING OF PACIFIC COAST GROUNDFISH FISHING 
                   CAPACITY REDUCTION LOAN.

       Notwithstanding any other provision of this Act, section 
     3095 shall have no force or effect.

     SEC. 5027. PAYMENTS IN LIEU OF TAXES.

       Notwithstanding any other provision of this Act, section 
     3096 shall have no force or effect.
                                 ______
                                 
  SA 4099. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 83, to require the Secretary of the Interior to 
assemble a team of technical, policy, and financial experts to address 
the energy needs of the insular areas of the United States and the 
Freely Associated States through the development of energy action plans 
aimed at promoting access to affordable, reliable energy, including 
increasing use of indigenous clean-energy resources, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LOCAL CONTROL OF EDUCATION.

       (a) Short Title.--This section may be cited as the ``Local 
     Control of Education Act''.
       (b) General ESEA Prohibition.--
       (1) In general.--Section 9527 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7907) is amended 
     by adding at the end the following:
       ``(e) Prohibition of Federal Government Mandating Common 
     Standards, Programs of Instruction, Curricula, Assessments, 
     or Academic Standards.--An officer or employee of the Federal 
     Government shall not directly or indirectly, through grants, 
     contracts, or other cooperative agreements under this Act 
     (including waivers under section 9401)--
       ``(1) mandate, direct, or control a State, local 
     educational agency, or school's specific instructional 
     content or any specific academic standard, assessment, 
     curriculum, or program of instruction, including through any 
     requirement, direction, condition, or mandate to adopt--
       ``(A) the Common Core State Standards developed under the 
     Common Core State Standards Initiative, any other academic 
     standards common to a number of States, or any specific 
     statewide or nationally recognized content standards; or
       ``(B) any assessment, instructional content, or curriculum 
     aligned to, or based on, specific academic standards, 
     including any of the standards described in subparagraph (A);
       ``(2) incentivize a State, local educational agency, or 
     school to adopt any specific instructional content, academic 
     standard, assessment, curriculum, commonality of standards or 
     assessments, or program of instruction described in paragraph 
     (1), which shall include providing any priority, preference, 
     or special consideration during the application process based 
     on any specific content, standard, assessment, curriculum, 
     commonality, or program; or
       ``(3) make financial support available in a manner that is 
     conditioned upon a State, local educational agency, or 
     school's adoption of any specific instructional content, 
     academic standard, assessment, curriculum, commonality of 
     standards or assessments, or program of instruction described 
     in paragraph (1), even if such requirements are specified in 
     section 14006 or 14007 of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 281) or 
     any other Act.''.
       (2) Conforming amendment.--Section 9527(a) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7907(a)) is amended by striking ``curriculum, program of 
     instruction, or''.
       (c) Prohibition on Requiring Adoption of Common Standards 
     With Respect to Waivers.--Section 9401 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7861) is amended 
     by adding at the end the following:
       ``(h) Prohibition on Requiring Certain Standards for 
     Waivers.--
       ``(1) In general.--The Secretary shall not require that a 
     State, local educational agency, Indian tribe, or school 
     adopt, as a prerequisite or condition for any waiver under 
     this section, any specific instructional content, academic 
     standard, assessment, curriculum, or program of instruction, 
     including--
       ``(A) the Common Core State Standards developed under the 
     Common Core State Standards Initiative, any other academic 
     standards common to a number of States, or any specific 
     statewide or nationally recognized content standards; or
       ``(B) any assessment, instructional content, or curriculum 
     aligned to, or based on, any specific academic standards, 
     including any of the standards described in subparagraph (A).
       ``(2) Effect on previously issued waivers.--
       ``(A) In general.--Any requirement described in paragraph 
     (1) that was required for a waiver provided to a State, local 
     educational agency, Indian tribe, or school under this 
     section before the date of enactment of the Local Control of 
     Education Act shall be void and have no force of law.
       ``(B) Prohibited actions.--The Secretary shall not--
       ``(i) enforce any requirement that is void pursuant to 
     subparagraph (A); and
       ``(ii) require the State, local educational agency, Indian 
     tribe, or school to reapply for a waiver, or to agree to any 
     other conditions to replace any requirements that is void 
     pursuant to subparagraph (A), until the end of the period of 
     time specified under the waiver.
       ``(C) No effect on other provisions.--Any other provisions 
     or requirements of a waiver provided under this section 
     before the date of enactment of the Local Control of 
     Education Act that are not affected by subparagraph (A) shall 
     remain in effect for the period of time specified under the 
     waiver.''.
       (d) Prohibition in Race to the Top Funding.--Title XIV of 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5) is amended by inserting after section 
     14007 the following:

     ``SEC. 14007A. PROHIBITION ON REQUIRING OR PREFERRING COMMON 
                   STANDARDS.

       ``The prohibitions of section 9527(e) of the Elementary and 
     Secondary Education Act of 1965 shall apply to each grant 
     awarded under section 14006 or 14007 in the same manner as 
     such prohibitions apply to a grant awarded under such Act.''.

                          ____________________