[Congressional Record Volume 170, Number 113 (Tuesday, July 9, 2024)]
[Senate]
[Pages S4272-S4308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2075. Mr. KAINE (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S4273]]

  


     SEC. ___. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE, 
                   VIRGINIA.

       (a) In General.--Notwithstanding any other provision of 
     law, the Administrator of the National Aeronautics and Space 
     Administration may enter into one or more agreements with the 
     Town of Chincoteague, Virginia, to reimburse the costs of the 
     Town of Chincoteague directly associated with the removal of 
     drinking water wells located on property administered by the 
     National Aeronautics and Space Administration and the 
     establishment of alternative drinking water wells on property 
     under the administrative control, through lease, ownership, 
     or easement, of the Town of Chincoteague.
       (b) Duration.--An agreement entered into under subsection 
     (a) shall not exceed a period of 5 years.
                                 ______
                                 
  SA 2076. Mr. KING (for himself and Mr. Cornyn) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ESTABLISHMENT OF VETERANS EXPERIENCE OFFICE.

       (a) In General.--Chapter 3 of title 38, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 325. Veterans Experience Office

       ``(a) Establishment.--There is established in the 
     Department within the Office of the Secretary an office to be 
     known as the `Veterans Experience Office' (hereinafter 
     referred to as the `Office' in this section).
       ``(b) Head of Office.--(1) The head of the Office shall be 
     the Chief Veterans Experience Officer.
       ``(2) The Chief Veterans Experience Officer shall--
       ``(A) be appointed by the Secretary from among individuals 
     the Secretary considers qualified to perform the duties of 
     the position; and
       ``(B) report directly to the Secretary.
       ``(c) Function.--The functions of the Office are as 
     follows:
       ``(1) To carry out the key customer experience initiatives 
     of the Department, including setting the customer experience 
     strategy, framework, policy, and other guidance for the 
     Department.
       ``(2) Requiring the heads of other organizations and 
     offices within the Department to report regularly on customer 
     experience metrics, action plans, and other customer 
     experience improvement efforts.
       ``(3) To carry out such other functions relating to 
     customer experience as the Secretary considers appropriate.
       ``(d) Staff and Resources.--(1) The Secretary shall ensure 
     that the Office has such staff, resources, and access to 
     customer experience information as may be necessary to carry 
     out the functions of the Office.
       ``(2) Funds available for basic pay and other 
     administrative expenses of other Department organizations 
     shall also be available to reimburse the Office for all 
     services provided at rates which will recover actual costs 
     for services provided to such organizations.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 3 of such title is amended by adding at 
     the end the following new item:

``325. Veterans Experience Office.''.
                                 ______
                                 
                                 ______
                                 
  SA 2077. Mr. KING (for himself and Mr. Cramer) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REINSTATEMENT OF ENTITLEMENT TO POST-9/11 
                   EDUCATIONAL ASSISTANCE FOR VICTIMS OF SEXUAL 
                   ASSAULT OR DOMESTIC VIOLENCE.

       (a) In General.--Chapter 33 of title 38, United States 
     Code, is amended by inserting after section 3319, the 
     following:

     ``Sec. 3319A. Victims of sexual assault and domestic 
       violence; authority to retain transferred education 
       benefits

       ``(a) Reinstatement of Educational Assistance.--The 
     Secretary concerned may, subject to regulations prescribed by 
     the Secretary of Defense and the Secretary of Homeland 
     Security in coordination with the Secretary of Veterans 
     Affairs, reinstate terminated educational assistance payments 
     that were transferred to a spouse or a dependent child under 
     section 3319 of this title if the Secretary concerned 
     determines that the proximate cause for the termination of 
     payment is--
       ``(1) the administrative separation or conviction by a 
     court martial, or by civilian, Tribal, or State court, of a 
     covered individual for a dependent-abuse offense; and
       ``(2) the administrative separation or conviction resulted 
     in a discharge characterization of the covered individual 
     that does not meet the requirements of section 3311(c) of 
     this title.
       ``(b) Application.--(1) A spouse or dependent child 
     described in subsection (a) seeking reinstatement of 
     terminated educational assistance payments for a termination 
     described in such subsection shall apply for such 
     reinstatement.
       ``(2) An application under paragraph (1) shall include 
     sufficient information to substantiate that a spouse or 
     dependent child was the victim of dependent-abuse that 
     resulted in a discharge characterization that does not meet 
     the requirements of section 3311(c) of this title.
       ``(3) The Secretary shall consult with veterans service 
     organizations to ensure that the application process under 
     this subsection is trauma-informed.
       ``(c) Limitation.--Reinstated payments shall not exceed any 
     unused portion of the educational benefits that were 
     transferred to a spouse or dependent child pursuant to 
     section 3319 of this title that remain unobligated at the 
     time of discharge of the covered member.
       ``(d) Determination by the Secretary Concerned.--The 
     Secretary concerned may determine that the proximate cause of 
     termination of education benefits is dependent-abuse, as 
     specified in regulations prescribed in subsection (e), only 
     if--
       ``(1) the record for the administrative separation 
     establishes, by a preponderance of evidence presented, that 
     the covered individual perpetrated a dependent-abuse offense; 
     or
       ``(2) the covered individual is convicted of a dependent-
     abuse offense.
       ``(e) Review of Determinations.--(1) The Secretary of 
     Defense and the Secretary of Homeland Security shall, in 
     coordination with the Secretary of Veterans Affairs, 
     establish procedures by which a spouse or dependent child 
     whose application for reinstatement of terminated educational 
     assistance under subsection (b) is denied by the Secretary 
     concerned may request the applicable Secretary review the 
     application and denial.
       ``(2) Pursuant to a review by the Secretary of Defense or 
     the Secretary of Homeland Security under paragraph (1) of an 
     application and denial, the Secretary of Defense or the 
     Secretary of Homeland Security, as the case may be, may 
     overturn the denial if the Secretary determines such denial 
     was made in error.
       ``(3) The Secretary receiving a request for a review of an 
     application and denial pursuant to the procedures required by 
     paragraph (1) shall review the application and denial and 
     respond to the request not later than 30 days after receiving 
     the request.
       ``(4) The Secretary of Defense and the Secretary of 
     Homeland Security shall, in coordination with the Secretary 
     of Veterans Affairs, develop and make available to the public 
     guidance on how a spouse or dependent child may request a 
     review pursuant to the procedures established under paragraph 
     (1).
       ``(f) Regulations.--(1) The Secretary of Defense and the 
     Secretary of Homeland Security, in coordination with the 
     Secretary of Veterans Affairs, shall prescribe regulations to 
     carry out this section.
       ``(2) Regulations under paragraph (1) shall include the 
     following:
       ``(A) The procedure for application of reinstatement of 
     education benefits.
       ``(B) The criminal offenses, or categories of offenses, 
     under the Uniform Code of Military Justice (chapter 47 of 
     title 10), Federal criminal law, the criminal laws of the 
     States and other jurisdictions of the United States, and the 
     laws of other nations that are to be considered dependent-
     abuse offenses for the purposes of this section.
       ``(g) Bar to Duplication of Educational Assistance 
     Benefits.--An individual entitled to education assistance 
     under this chapter who is also eligible for educational 
     assistance under chapter 30, 31, 32, or 35 of this title, 
     chapter 107, 1606, or 1607 or section 510 of title 10, may 
     not receive assistance under two or more such program 
     concurrently, but shall elect (in such form and manner as the 
     Secretary may prescribe) under which section to receive 
     educational assistance.
       ``(h) Definitions.--In this section:
       ``(1) The term `covered individual' means a member of the 
     Armed Forces described in section 3311(b) of this title.
       ``(2) The term `dependent-abuse offense' means conduct by a 
     covered individual while a member of the Armed Forces on 
     active duty for a period of more than 30 days that--
       ``(A) involves abuse of the spouse or a dependent child of 
     the member; and
       ``(B) is a criminal offense specified in regulations 
     prescribed under subsection (e).
       ``(3) The term `dependent child' has the meaning given such 
     term in section 1408(h) of title 10.
       ``(4) The term `spouse' means a person who was the 
     beneficiary of transferred educational assistance payments at 
     the time of discharge of a covered individual, who--
       ``(A) was married to the covered individual; or
       ``(B) divorced such individual prior to discharge for, as 
     determined by the Secretary concerned, reasons relating to a 
     dependent abuse-offense that resulted in a discharge 
     characterization that does not meet the requirements of 
     section 3311(c) of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 33 of such title is amended by inserting 
     after the item relating to section 3319 the following new 
     item:


[[Page S4274]]


``Sec. 3319A. Victims of sexual assault and domestic violence; 
              authority to retain transferred education benefits .''.
                                 ______
                                 
  SA 2078. Mr. KING (for himself and Mr. Cramer) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY 
                   PROGRAM.

       (a) High Technology Program.--
       (1) In general.--Chapter 36 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3699C. High technology program

       ``(a) Establishment.--(1) The Secretary shall carry out a 
     program under which the Secretary provides covered 
     individuals with the opportunity to enroll in high technology 
     programs of education that the Secretary determines provide 
     training or skills sought by employers in a relevant field or 
     industry.
       ``(2) Not more than 6,000 covered individuals may 
     participate in the program under this section in any fiscal 
     year.
       ``(b) Amount of Assistance.--(1) The Secretary shall 
     provide, to each covered individual who pursues a high 
     technology program of education under this section, 
     educational assistance in amounts equal to the amounts 
     provided under section 3313(c)(1) of this title, including 
     with respect to the housing stipend described in that section 
     and in accordance with the treatment of programs that are 
     distance learning and programs that are less than half-time.
       ``(2) Under paragraph (1), the Secretary shall provide such 
     amounts of educational assistance to a covered individual for 
     each of the following:
       ``(A) A high technology program of education.
       ``(B) A second such program if--
       ``(i) the second such program begins at least 18 months 
     after the covered individual graduates from the first such 
     program; and
       ``(ii) the covered individual uses educational assistance 
     under chapter 33 of this title to pursue the second such 
     program.
       ``(3) No covered individual may receive a housing stipend 
     under this subsection for any month if such individual is in 
     receipt of a housing stipend under chapter 33 of this title 
     for that month.
       ``(c) Contracts.--(1) For purposes of carrying out 
     subsection (a), the Secretary shall seek to enter into 
     contracts with any number of qualified providers of high 
     technology programs of education for the provision of such 
     programs to covered individuals. Each such contract shall 
     provide for the conditions under which the Secretary may 
     terminate the contract with the provider and the procedures 
     for providing for the graduation of students who were 
     enrolled in a program provided by such provider in the case 
     of such a termination.
       ``(2) A contract under this subsection shall provide that 
     the Secretary shall pay to a provider--
       ``(A) upon the enrollment of a covered individual in the 
     program, 25 percent of the cost of the tuition and other fees 
     for the program of education for the individual;
       ``(B) upon graduation of the individual from the program, 
     25 percent of such cost; and
       ``(C) 50 percent of such cost upon--
       ``(i) the successful employment of the covered individual 
     for a period--
       ``(I) of 180 days in the field of study of the program; and
       ``(II) that begins not later than 180 days following 
     graduation of the covered individual from the program;
       ``(ii) the employment of the individual by the provider for 
     a period of one year; or
       ``(iii) the enrollment of the individual in a program of 
     education to continue education in such field of study.
       ``(3) For purposes of this section, a provider of a high 
     technology program of education is qualified if--
       ``(A) the provider employs instructors whom the Secretary 
     determines are experts in their respective fields in 
     accordance with paragraph (5);
       ``(B) the provider has successfully provided the high 
     technology program for at least one year;
       ``(C) the provider does not charge tuition and fees to a 
     covered individual who receives assistance under this section 
     to pursue such program that are higher than the tuition and 
     fees charged by such provider to another individual; and
       ``(D) the provider meets the approval criteria developed by 
     the Secretary under paragraph (4).
       ``(4)(A) The Secretary shall prescribe criteria for 
     approving providers of a high technology program of education 
     under this section.
       ``(B) In developing such criteria, the Secretary may 
     consult with State approving agencies.
       ``(C) Such criteria are not required to meet the 
     requirements of section 3672 of this title.
       ``(D) Such criteria shall include the job placement rate, 
     in the field of study of a program of education, of covered 
     individuals who complete such program of education.
       ``(5) The Secretary shall determine whether instructors are 
     experts under paragraph (3)(A) based on evidence furnished to 
     the Secretary by the provider regarding the ability of the 
     instructors to--
       ``(A) identify professions in need of new employees to 
     hire, tailor the programs to meet market needs, and identify 
     the employers likely to hire graduates;
       ``(B) effectively teach the skills offered to covered 
     individuals;
       ``(C) provide relevant industry experience in the fields of 
     programs offered to incoming covered individuals; and
       ``(D) demonstrate relevant industry experience in such 
     fields of programs.
       ``(6) In entering into contracts under this subsection, the 
     Secretary shall give preference to a provider of a high 
     technology program of education--
       ``(A) from which at least 70 percent of graduates find 
     full-time employment in the field of study of the program 
     during the 180-day period beginning on the date the student 
     graduates from the program; or
       ``(B) that offers tuition reimbursement for any student who 
     graduates from such a program and does not find employment 
     described in subparagraph (A).
       ``(d) Effect on Other Entitlement.--(1) If a covered 
     individual enrolled in a high technology program of education 
     under this section has remaining entitlement to educational 
     assistance under chapter 30, 32, 33, 34, or 35 of this title, 
     entitlement of the individual to educational assistance under 
     this section shall be charged at the rate of one month of 
     such remaining entitlement for each such month of educational 
     assistance under this section.
       ``(2) If a covered individual enrolled in a high technology 
     program of education under this section does not have 
     remaining entitlement to educational assistance under chapter 
     30, 32, 33, 34, or 35 of this title, any educational 
     assistance provided to such individual under this section 
     shall be provided in addition to the entitlement that the 
     individual has used.
       ``(3) The Secretary may not consider enrollment in a high 
     technology program of education under this section to be 
     assistance under a provision of law referred to in section 
     3695 of this title.
       ``(4)(A) An application for enrollment in a high technology 
     program of education under this section shall include notice 
     of the requirements relating to use of entitlement under 
     paragraphs (1) and (2), including--
       ``(i) in the case of the enrollment of an individual 
     referred to under paragraph (1), the amount of entitlement 
     that is typically charged for such enrollment;
       ``(ii) an identification of any methods that may be 
     available for minimizing the amount of entitlement required 
     for such enrollment; and
       ``(iii) an element requiring applicants to acknowledge 
     receipt of the notice under this subparagraph.
       ``(B) If the Secretary approves the enrollment of a covered 
     individual in a high technology program of education under 
     this section, the Secretary shall deliver electronically to 
     the individual an award letter that provides notice of such 
     approval and includes specific information describing how 
     paragraphs (1) and (2) will be applied to the individual if 
     the individual chooses to enroll in the program.
       ``(e) Requirements for Educational Institutions.--(1) The 
     Secretary shall not approve the enrollment of any covered 
     individual, not already enrolled, in any high technology 
     programs of education under this section for any period 
     during which the Secretary finds that more than 85 percent of 
     the students enrolled in the program are having all or part 
     of their tuition, fees, or other charges paid to or for them 
     by the educational institution or by the Department of 
     Veterans Affairs under this title or under chapter 1606 or 
     1607 of title 10, except with respect to tuition, fees, or 
     other charges that are paid under a payment plan at an 
     educational institution that the Secretary determines has a 
     history of offering payment plans that are completed not 
     later than 180 days after the end of the applicable term, 
     quarter, or semester.
       ``(2) The Secretary may waive a requirement of paragraph 
     (1) if the Secretary determines, pursuant to regulations 
     which the Secretary shall prescribe, such waiver to be in the 
     interest of the covered individual and the Federal 
     Government. Not later than 30 days after the Secretary waives 
     such a requirement, the Secretary shall submit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives a report regarding such waiver.
       ``(3)(A)(i) The Secretary shall establish and maintain a 
     process by which an educational institution may request a 
     review of a determination that the educational institution 
     does not meet the requirements of paragraph (1).
       ``(ii) The Secretary may consult with a State approving 
     agency regarding such process or such a review.
       ``(iii) Not later than 180 days after the Secretary 
     establishes or revises a process under this subparagraph, the 
     Secretary shall submit to the Committees on Veterans' Affairs 
     of the Senate and House of Representatives a report regarding 
     such process.
       ``(B) An educational institution that requests a review 
     under subparagraph (A)--

[[Page S4275]]

       ``(i) shall request the review not later than 30 days after 
     the start of the term, quarter, or semester for which the 
     determination described in subparagraph (A) applies; and
       ``(ii) may include any information that the educational 
     institution believes the Department should have taken into 
     account when making the determination, including with respect 
     to any mitigating circumstances.
       ``(f) Annual Reports.--Not later than one year after the 
     date of the enactment of this section, and annually 
     thereafter until the termination date specified in subsection 
     (i), the Secretary shall submit to the Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives a report on the operation of 
     programs under this section during the year covered by the 
     report. Each such report shall include each of the following:
       ``(1) The number of covered individuals enrolled in the 
     program, disaggregated by type of educational institution, 
     during the year covered by the report.
       ``(2) The number of covered individuals who completed a 
     high technology program of education under the program during 
     the year covered by the report.
       ``(3) The average employment rate of covered individuals 
     who completed such a program of education during such year, 
     as of 180 days after the date of completion.
       ``(4) The average length of time between the completion of 
     such a program of education and employment.
       ``(5) The total number of covered individuals who completed 
     a program of education under the program and who, as of the 
     date of the submission of the report, are employed in a 
     position related to technology.
       ``(6) The average salary of a covered individual who 
     completed a program of education under the program and who is 
     employed in a position related to technology, in various 
     geographic areas determined by the Secretary.
       ``(7) The average salary of all individuals employed in 
     positions related to technology in the geographic areas 
     determined under subparagraph (F), and the difference, if 
     any, between such average salary and the average salary of a 
     covered individual who completed a program of education under 
     the program and who is employed in a position related to 
     technology.
       ``(8) The number of covered individuals who completed a 
     program of education under the program and who subsequently 
     enrolled in a second program of education under the program.
       ``(g) Collection of Information; Consultation.--(1) The 
     Secretary shall develop practices to use to collect 
     information about covered individuals and providers of high 
     technology programs of education.
       ``(2) For the purpose of carrying out program under this 
     section, the Secretary may consult with providers of high 
     technology programs of education and may establish an 
     advisory group made up of representatives of such providers, 
     private employers in the technology field, and other relevant 
     groups or entities, as the Secretary determines necessary.
       ``(h) Definitions.--In this section:
       ``(1) The term `covered individual' means any of the 
     following:
       ``(A) A veteran whom the Secretary determines--
       ``(i) served an aggregate of at least 36 months on active 
     duty in the Armed Forces (including service on active duty in 
     entry level and skill training) and was discharged or 
     released therefrom under conditions other than dishonorable; 
     and
       ``(ii) has not attained the age of 62.
       ``(B) A member of the Armed Forces that the Secretary 
     determines will become a veteran described in subparagraph 
     (A) fewer than 180 days after the date of such determination.
       ``(2) The term `high technology program of education' means 
     a program of education--
       ``(A) offered by a public or private educational 
     institution;
       ``(B) if offered by an institution of higher learning, that 
     is provided directly by such institution rather than by an 
     entity other than such institution under a contract or other 
     agreement;
       ``(C) that does not lead to a degree;
       ``(D) that has a term of not less than six and not more 
     than 28 weeks; and
       ``(E) that provides instruction in computer programming, 
     computer software, media application, data processing, or 
     information sciences.
       ``(i) Termination.--The authority to carry out a program 
     under this section shall terminate on September 30, 2028.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 3699B the following new item:

``3699C. High technology program.''.
       (b) Effect on High Technology Pilot Program.--Section 116 
     of the Harry W. Colmery Veterans Educational Assistance Act 
     of 2017 (Public Law 115-48; 38 U.S.C. 3001 note) is amended--
       (1) by amending subsection (d) to read as follows:
       ``(d) Housing Stipend.--
       ``(1) In general.--Except as provided under paragraph (2), 
     the Secretary shall pay to each eligible veteran (not 
     including an individual described in the second sentence of 
     subsection (b)) who is enrolled in a high technology program 
     of education under the pilot program on a full-time or part-
     time basis a monthly housing stipend equal to the product--
       ``(A) of--
       ``(i) in the case of a veteran pursuing resident training, 
     the monthly amount of the basic allowance for housing payable 
     under section 403 of title 37, United States Code, for a 
     member with dependents in pay grade E-5 residing in the 
     military housing area that encompasses all or the majority 
     portion of the ZIP code area in which is located the campus 
     of the institution where the individual physically 
     participates in a majority of classes; or
       ``(ii) in the case of a veteran pursuing a program of 
     education through distance learning, a monthly amount equal 
     to 50 percent of the national average of the monthly amount 
     of the basic allowance for housing payable under section 403 
     of title 37, United States Code, for a member with dependents 
     in pay grade E-5, multiplied by
       ``(B) the lesser of--
       ``(i) 1.0; or
       ``(ii) the number of course hours borne by the individual 
     in pursuit of the program of education involved, divided by 
     the minimum number of course hours required for full-time 
     pursuit of such program of education, rounded to the nearest 
     multiple of 10.
       ``(2) Bar to dual eligibility.--No covered individual may 
     receive a housing stipend under this subsection for any month 
     if such individual is in receipt of a housing stipend under 
     chapter 33 ot title 38, United States Code, for that 
     month.'';
       (2) in subsection (g), by striking paragraph (6); and
       (3) by striking subsection (h) and inserting the following 
     new subsection (h):
       ``(h) Termination.--The authority to carry out a pilot 
     program under this section shall terminate on September 30, 
     2023.''.
       (c) Approval of Certain High Technology Programs.--Section 
     3680A of title 38, United States Code, is amended--
       (1) in subsection (a), by striking paragraph (4) and 
     inserting the following:
       ``(4) Any independent study program except--
       ``(A) an independent study program (including such a 
     program taken over open circuit television) that--
       ``(i) is accredited by an accrediting agency or association 
     recognized by the Secretary of Education under subpart 2 of 
     part H of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1099b);
       ``(ii) leads to--

       ``(I) a standard college degree;
       ``(II) a certificate that reflects educational attainment 
     offered by an institution of higher learning; or
       ``(III) a certificate that reflects graduation from a 
     course of study offered by--

       ``(aa) an area career and technical education school (as 
     defined in subparagraphs (C) and (D) of section 3(3) of the 
     Carl D. Perkins Career and Technical Education Act of 2006 
     (20 U.S.C. 2302(3))) that provides education at the 
     postsecondary level; or
       ``(bb) a postsecondary vocational institution (as defined 
     in section 102(c) of the Higher Education Act of 1965 (20 
     U.S.C. 1002(c))) that provides education at the postsecondary 
     level; and
       ``(iii) in the case of a program described in clause 
     (ii)(III)--

       ``(I) provides training aligned with the requirements of 
     employers in the State or local area where the program is 
     located, which may include in-demand industry sectors or 
     occupations;
       ``(II) provides a student, upon graduation from the 
     program, with a recognized postsecondary credential that is 
     recognized by employers in the relevant industry, which may 
     include a credential recognized by industry or sector 
     partnerships in the State or local area where the industry is 
     located; and
       ``(III) meets such content and instructional standards as 
     may be required to comply with the criteria under sections 
     3676(c)(14) and (15) of this title; or

       ``(B) an online high technology program of education (as 
     defined in subsection (h)(2) of section 3699C of this 
     title)--
       ``(i) the provider of which has entered into a contract 
     with the Secretary under subsection (c) of such section;
       ``(ii) that has been provided to covered individuals (as 
     defined in subsection (h)(1) of such section) under such 
     contract for a period of at least five years;
       ``(iii) regarding which the Secretary has determined that 
     the average employment rate of covered individuals who 
     graduated from such program of education is 65 percent or 
     higher for the year preceding such determination; and
       ``(iv) that satisfies the requirements of subsection (e) of 
     such section.''; and
       (2) in subsection (d), by adding at the end the following:
       ``(8) Paragraph (1) shall not apply to the enrollment of a 
     veteran in an online high technology program described in 
     subsection (a)(4)(B).''.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (c) shall take effect on October 1, 2023.
                                 ______
                                 
  SA 2079. Mr. KING (for himself and Mr. Cramer) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for

[[Page S4276]]

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

       At the appropriate place, insert the following:

     SEC. ___. PRESENTATION TO PROMOTE BENEFITS AVAILABLE TO 
                   VETERANS IN PRESEPARATION COUNSELING UNDER THE 
                   TRANSITION ASSISTANCE PROGRAM.

       (a) In General.--Section 1142(b) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(20) A presentation that promotes the benefits available 
     to veterans under the laws administered by the Secretary of 
     Veterans Affairs. Such presentation--
       ``(A) shall be standardized;
       ``(B) shall, before implementation, be reviewed and 
     approved by the Secretary of Veterans Affairs in 
     collaboration with veterans service organizations that 
     provide claims assistance under the benefits delivery at 
     discharge program of the Department of Veterans Affairs;
       ``(C) shall be submitted by the Secretary of Veterans 
     Affairs to the Committee on Veterans' Affairs of the Senate 
     and the Committee on Veterans' Affairs of the House of 
     Representatives for review at least 90 days before 
     implementation;
       ``(D) where available, shall be presented with the 
     participation of--
       ``(i) a representative of a veterans service organization 
     recognized under section 5902 of title 38; or
       ``(ii) an individual--

       ``(I) recognized under section 5903 of such title; and
       ``(II) authorized by the Secretary concerned to so 
     participate;

       ``(E) shall include information on how a veterans service 
     organization may assist the member in filing a claim 
     described in paragraph (19);
       ``(F) may not encourage the member to join a particular 
     veterans service organization; and
       ``(G) may not exceed one hour in duration.''.
       (b) Annual Report.--Not less than frequently than once each 
     year after the date of the enactment of this Act, the 
     Secretary of Veterans Affairs shall submit to the Committee 
     on Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a report 
     that--
       (1) identifies each veterans service organization that 
     participated in a presentation under paragraph (20) of 
     section 1142(b) of title 10, United States Code, as added by 
     subsection (a);
       (2) contains the number of members of the Armed Forces who 
     attended such presentations; and
       (3) includes any recommendations of the Secretary regarding 
     changes to such presentation or to such paragraph.
                                 ______
                                 
  SA 2080. Mr. MANCHIN (for himself and Mr. Graham) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle C of title XII, insert the 
     following:

     SEC. 1239. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO 
                   REMEDIATE HARMS TO UKRAINE FROM RUSSIAN 
                   AGGRESSION.

       (a) In General.--Section 1708 of the Additional Ukraine 
     Supplemental Appropriations Act, 2023 (division M of Public 
     Law 117-328; 136 Stat. 5200) is amended--
       (1) in subsection (a), by inserting ``from any forfeiture 
     fund'' after ``The Attorney General may transfer''; and
       (2) in subsection (c)--
       (A) in paragraph (2), by striking ``which property 
     belonged'' and all that follows and inserting the following: 
     ``which property--
       ``(A) belonged to, was possessed by, or was controlled by a 
     person the property or interests in property of which were 
     blocked pursuant to any covered legal authority;
       ``(B) was involved in an act in violation of, or a 
     conspiracy or scheme to violate or cause a violation of--
       ``(i) any covered legal authority; or
       ``(ii) any restriction on the export, reexport, or in-
     country transfer of items imposed by the United States under 
     the Export Administration Regulations, or any restriction on 
     the export, reexport, or retransfer of defense articles under 
     the International Traffic in Arms Regulations under 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations, with respect to--

       ``(I) the Russian Federation, Belarus, the Crimea region of 
     Ukraine, or the so-called Donetsk and Luhansk People's 
     Republic regions of Ukraine;
       ``(II) any person in any such country or region on a 
     restricted parties list; or
       ``(III) any person located in any other country that has 
     been added to a restricted parties list in connection with 
     the malign conduct of the Russian Federation in Ukraine, 
     including the annexation of the Crimea region of Ukraine in 
     March 2014 and the invasion beginning in February 2022 of 
     Ukraine, as substantially enabled by Belarus; or

       ``(C) was involved in any related conspiracy, scheme, or 
     other Federal offense arising from the actions of, or doing 
     business with or acting on behalf of, the Russian Federation, 
     Belarus, or the Crimea region of Ukraine, or the so-called 
     Donetsk and Luhansk People's Republic regions of Ukraine.''; 
     and
       (B) by adding at the end the following:
       ``(3) The term `covered legal authority' means any license, 
     order, regulation, or prohibition imposed by the United 
     States under the authority provided by the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any 
     other provision of law, with respect to--
       ``(A) the Russian Federation;
       ``(B) the national emergency--
       ``(i) declared in Executive Order 13660 (50 U.S.C. 1701 
     note; relating to blocking property of certain persons 
     contributing to the situation in Ukraine);
       ``(ii) expanded by--

       ``(I) Executive Order 13661 (50 U.S.C. 1701 note; relating 
     to blocking property of additional persons contributing to 
     the situation in Ukraine); and
       ``(II) Executive Order 13662 (50 U.S.C. 1701 note; relating 
     to blocking property of additional persons contributing to 
     the situation in Ukraine); and

       ``(iii) relied on for additional steps taken in Executive 
     Order 13685 (50 U.S.C. 1701 note; relating to blocking 
     property of certain persons and prohibiting certain 
     transactions with respect to the Crimea region of Ukraine);
       ``(C) the national emergency, as it relates to the Russian 
     Federation--
       ``(i) declared in Executive Order 13694 (50 U.S.C. 1701 
     note; relating to blocking the property of certain persons 
     engaging in significant malicious cyber-enabled activities); 
     and
       ``(ii) relied on for additional steps taken in Executive 
     Order 13757 (50 U.S.C. 1701 note; relating to taking 
     additional steps to address the national emergency with 
     respect to significant malicious cyber-enabled activities);
       ``(D) the national emergency--
       ``(i) declared in Executive Order 14024 (50 U.S.C. 1701 
     note; relating to blocking property with respect to specified 
     harmful foreign activities of the Government of the Russian 
     Federation);
       ``(ii) expanded by Executive Order 14066 (50 U.S.C. 1701 
     note; relating to prohibiting certain imports and new 
     investments with respect to continued Russian Federation 
     efforts to undermine the sovereignty and territorial 
     integrity of Ukraine); and
       ``(iii) relied on for additional steps taken in--

       ``(I) Executive Order 14039 (22 U.S.C. 9526 note; relating 
     to blocking property with respect to certain Russian energy 
     export pipelines);
       ``(II) Executive Order 14068 (50 U.S.C. 1701 note; relating 
     to prohibiting certain imports, exports, and new investment 
     with respect to continued Russian Federation aggression); and
       ``(III) Executive Order 14071 (50 U.S.C. 1701 note; 
     relating to prohibiting new investment in and certain 
     services to the Russian Federation in response to continued 
     Russian Federation aggression); and

       ``(iv) which may be expanded or relied on in future 
     Executive orders; or
       ``(E) actions or policies that undermine the democratic 
     processes and institutions in Ukraine or threaten the peace, 
     security, stability, sovereignty, or territorial integrity of 
     Ukraine.
       ``(4) The term `Export Administration Regulations' has the 
     meaning given that term in section 1742 of the Export Control 
     Reform Act of 2018 (50 U.S.C. 4801).
       ``(5) The term `restricted parties list' means any of the 
     following lists maintained by the Bureau of Industry and 
     Security:
       ``(A) The Entity List set forth in Supplement No. 4 to part 
     744 of the Export Administration Regulations.
       ``(B) The Denied Persons List maintained pursuant to 
     section 764.3(a)(2) of the Export Administration Regulations.
       ``(C) The Unverified List set forth in Supplement No. 6 to 
     part 744 of the Export Administration Regulations.''.
       (b) Semiannual Reports.--Such section is further amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Not later than 180 days after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2025, and every 180 days thereafter, the 
     Secretary of State, in consultation with the Attorney General 
     and the Secretary of the Treasury, shall submit to the 
     appropriate congressional committees a report on progress 
     made in remediating the harms of Russian aggression toward 
     Ukraine as a result of transfers made under subsection 
     (a).''.
       (c) Plan Required.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Attorney General, in 
     consultation with the Secretary of the Treasury and the 
     Secretary of State, shall submit to the appropriate 
     congressional committees a plan for using the authority 
     provided by section 1708 of the Additional Ukraine 
     Supplemental Appropriations Act, 2023, as amended by this 
     section.

[[Page S4277]]

       (2) Appropriate congressional committees defined.--In this 
     section, the term ``appropriate congressional committees'' 
     has the meaning given that term by section 1708 of the 
     Additional Ukraine Supplemental Appropriations Act, 2023, as 
     amended by this section.
                                 ______
                                 
  SA 2081. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIMITATIONS ON EXCEPTING POSITIONS FROM COMPETITIVE 
                   SERVICE AND TRANSFERRING POSITIONS.

       (a) Definitions.--In this section--
       (1) the term ``agency'' means any department, agency, or 
     instrumentality of the Federal Government;
       (2) the term ``competitive service'' has the meaning given 
     the term in section 2102 of title 5, United States Code;
       (3) the term ``Director'' means the Director of the Office 
     of Personnel Management; and
       (4) the term ``excepted service'' has the meaning given the 
     term in section 2103 of title 5, United States Code.
       (b) Limitations.--A position in the competitive service may 
     not be excepted from the competitive service unless that 
     position is placed--
       (1) in any of schedules A through E, as described in 
     section 6.2 of title 5, Code of Federal Regulations, as in 
     effect on September 30, 2020; and
       (2) under the terms and conditions under part 6 of title 5, 
     Code of Federal Regulations, as in effect on September 30, 
     2020.
       (c) Transfers.--
       (1) Within excepted service.--A position in the excepted 
     service may not be transferred to any schedule other than a 
     schedule described in subsection (b)(1).
       (2) OPM consent required.--An agency may not transfer any 
     occupied position from the competitive service or the 
     excepted service into schedule C of subpart C of part 213 of 
     title 5, Code of Federal Regulations, or any successor 
     regulations, without the prior consent of the Director.
       (3) Limit during presidential term.--During any 4-year 
     presidential term, an agency may not transfer from a position 
     in the competitive service to a position in the excepted 
     service the greater of the following:
       (A) A total number of employees that is more than 1 percent 
     of the total number of employees employed by that agency, as 
     of the first day of that presidential term.
       (B) 5 employees.
       (4) Employee consent required.--Notwithstanding any other 
     provision of this section--
       (A) an employee who occupies a position in the excepted 
     service may not be transferred to an excepted service 
     schedule other than the schedule in which that position is 
     located without the prior written consent of the employee; 
     and
       (B) an employee who occupies a position in the competitive 
     service may not be transferred to the excepted service 
     without the prior written consent of the employee.
       (d) Other Matters.--
       (1) Application.--Notwithstanding section 7425(b) of title 
     38, United States Code, this section shall apply to a 
     position under chapter 73 or 74 of that title.
       (2) Report.--Not later than March 15 of each calendar year, 
     the Director shall submit to Congress a report on the 
     immediately preceding calendar year that lists--
       (A) each position that, during the year covered by the 
     report, was transferred from the competitive service to the 
     excepted service and a justification as to why each such 
     position was so transferred; and
       (B) any violation of this section that occurred during the 
     year covered by the report.
       (e) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Director shall issue regulations 
     to implement this section.
                                 ______
                                 
  SA 2082. Mr. HEINRICH (for himself and Mr. Risch) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

DIVISION E--GOOD SAMARITAN REMEDIATION OF ABANDONED HARDROCK MINES ACT 
                                OF 2024

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Good Samaritan 
     Remediation of Abandoned Hardrock Mines Act of 2024''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Abandoned hardrock mine site.--
       (A) In general.--The term ``abandoned hardrock mine site'' 
     means an abandoned or inactive hardrock mine site and any 
     facility associated with an abandoned or inactive hardrock 
     mine site--
       (i) that was used for the production of a mineral other 
     than coal conducted on Federal land under sections 2319 
     through 2352 of the Revised Statutes (commonly known as the 
     ``Mining Law of 1872''; 30 U.S.C. 22 et seq.) or on non-
     Federal land; and
       (ii) for which, based on information supplied by the Good 
     Samaritan after review of publicly available data and after 
     review of other information in the possession of the 
     Administrator, the Administrator or, in the case of a site on 
     land owned by the United States, the Federal land management 
     agency, determines that no responsible owner or operator has 
     been identified--

       (I) who is potentially liable for, or has been required to 
     perform or pay for, environmental remediation activities 
     under applicable law; and
       (II) other than, in the case of a mine site located on land 
     owned by the United States, a Federal land management agency 
     that has not been involved in mining activity on that land, 
     except that the approval of a plan of operations under the 
     hardrock mining regulations of the applicable Federal land 
     management agency shall not be considered involvement in the 
     mining activity.

       (B) Inclusion.--The term ``abandoned hardrock mine site'' 
     includes a hardrock mine site (including associated 
     facilities) that was previously the subject of a completed 
     response action under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.) or a similar Federal and State reclamation or 
     cleanup program, including the remediation of mine-scarred 
     land under the brownfields revitalization program under 
     section 104(k) of that Act (42 U.S.C. 9604(k)).
       (C) Exclusions.--The term ``abandoned hardrock mine site'' 
     does not include a mine site (including associated 
     facilities)--
       (i) in a temporary shutdown or cessation;
       (ii) included on the National Priorities List developed by 
     the President in accordance with section 105(a)(8)(B) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) or proposed 
     for inclusion on that list;
       (iii) that is the subject of a planned or ongoing response 
     action under the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) or a similar Federal and State reclamation or cleanup 
     program;
       (iv) that has a responsible owner or operator; or
       (v) that actively mined or processed minerals after 
     December 11, 1980.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) Applicable water quality standards.--The term 
     ``applicable water quality standards'' means the water 
     quality standards promulgated by the Administrator or adopted 
     by a State or Indian tribe and approved by the Administrator 
     pursuant to the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.).
       (4) Baseline conditions.--The term ``baseline conditions'' 
     means the concentrations, locations, and releases of any 
     hazardous substances, pollutants, or contaminants, as 
     described in the Good Samaritan permit, present at an 
     abandoned hardrock mine site prior to undertaking any action 
     under this division.
       (5) Cooperating person.--
       (A) In general.--The term ``cooperating person'' means any 
     person that is named by the Good Samaritan in the permit 
     application as a cooperating entity.
       (B) Exclusions.--The term ``cooperating person'' does not 
     include--
       (i) a responsible owner or operator with respect to the 
     abandoned hardrock mine site described in the permit 
     application;
       (ii) a person that had a role in the creation of historic 
     mine residue at the abandoned hardrock mine site described in 
     the permit application; or
       (iii) a Federal agency.
       (6) Covered permit.--The term ``covered permit'' means--
       (A) a Good Samaritan permit; and
       (B) an investigative sampling permit.
       (7) Federal land management agency.--The term ``Federal 
     land management agency'' means any Federal agency authorized 
     by law or executive order to exercise jurisdiction, custody, 
     or control over land owned by the United States.
       (8) Good samaritan.--The term ``Good Samaritan'' means a 
     person that, with respect to historic mine residue, as 
     determined by the Administrator--
       (A) is not a past or current owner or operator of--
       (i) the abandoned hardrock mine site at which the historic 
     mine residue is located; or
       (ii) a portion of that abandoned hardrock mine site;
       (B) had no role in the creation of the historic mine 
     residue; and
       (C) is not potentially liable under any Federal, State, 
     Tribal, or local law for the remediation, treatment, or 
     control of the historic mine residue.
       (9) Good samaritan permit.--The term ``Good Samaritan 
     permit'' means a permit granted by the Administrator under 
     section 5004(a)(1).
       (10) Historic mine residue.--

[[Page S4278]]

       (A) In general.--The term ``historic mine residue'' means 
     mine residue or any condition at an abandoned hardrock mine 
     site resulting from hardrock mining activities.
       (B) Inclusions.--The term ``historic mine residue'' 
     includes--
       (i) previously mined ores and minerals other than coal that 
     contribute to acid mine drainage or other pollution;
       (ii) equipment (including materials in equipment);
       (iii) any tailings facilities, heap leach piles, dump leach 
     piles, waste rock, overburden, slag piles, or other waste or 
     material resulting from any extraction, beneficiation, or 
     other processing activity that occurred during the active 
     operation of an abandoned hardrock mine site;
       (iv) any acidic or otherwise polluted flow in surface water 
     or groundwater that originates from, or is pooled and 
     contained in, an inactive or abandoned hardrock mine site, 
     such as underground workings, open pits, in-situ leaching 
     operations, ponds, or impoundments;
       (v) any hazardous substance (as defined in section 101 of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601));
       (vi) any pollutant or contaminant (as defined in section 
     101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); 
     and
       (vii) any pollutant (as defined in section 502 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1362)).
       (11) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in--
       (A) section 518(h) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1377(h)); or
       (B) section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601).
       (12) Investigative sampling permit.--The term 
     ``investigative sampling permit'' means a permit granted by 
     the Administrator under section 5004(d)(1).
       (13) Person.--The term ``person'' means any entity 
     described in--
       (A) section 502(5) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1362(5)); or
       (B) section 101(21) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601(21)).
       (14) Remediation.--
       (A) In general.--The term ``remediation'' means any action 
     taken to investigate, characterize, or cleanup, in whole or 
     in part, a discharge, release, or threat of release of a 
     hazardous substance, pollutant, or contaminant into the 
     environment at or from an abandoned hardrock mine site, or to 
     otherwise protect and improve human health and the 
     environment.
       (B) Inclusion.--The term ``remediation'' includes any 
     action to remove, treat, or contain historic mine residue to 
     prevent, minimize, or reduce--
       (i) the release or threat of release of a hazardous 
     substance, pollutant, or contaminant that would harm human 
     health or the environment; or
       (ii) a migration or discharge of a hazardous substance, 
     pollutant, or contaminant that would harm human health or the 
     environment.
       (C) Exclusion.--The term ``remediation'' does not include 
     any action that requires plugging, opening, or otherwise 
     altering the portal or adit of the abandoned hardrock mine 
     site.
       (15) Reservation.--The term ``reservation'' has the meaning 
     given the term ``Indian country'' in section 1151 of title 
     18, United States Code.
       (16) Responsible owner or operator.--The term ``responsible 
     owner or operator'' means a person that is--
       (A)(i) legally responsible under section 301 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1311) for a discharge 
     that originates from an abandoned hardrock mine site; and
       (ii) financially able to comply with each requirement 
     described in that section; or
       (B)(i) a present or past owner or operator or other person 
     that is liable with respect to a release or threat of release 
     of a hazardous substance, pollutant, or contaminant 
     associated with the historic mine residue at or from an 
     abandoned hardrock mine site under section 104, 106, 107, or 
     113 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604, 
     9606, 9607, 9613); and
       (ii) financially able to comply with each requirement 
     described in those sections, as applicable.

     SEC. 5003. SCOPE.

       Nothing in this division--
       (1) except as provided in section 5004(n), reduces any 
     existing liability under Federal, State, or local law;
       (2) except as provided in section 5004(n), releases any 
     person from liability under Federal, State, or local law, 
     except in compliance with this division;
       (3) authorizes the conduct of any mining or processing 
     other than the conduct of any processing of previously mined 
     ores, minerals, wastes, or other materials that is authorized 
     by a Good Samaritan permit;
       (4) imposes liability on the United States or a Federal 
     land management agency pursuant to section 107 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1311); or
       (5) relieves the United States or any Federal land 
     management agency from any liability under section 107 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1311) that 
     exists apart from any action undertaken pursuant to this 
     division.

     SEC. 5004. ABANDONED HARDROCK MINE SITE GOOD SAMARITAN PILOT 
                   PROJECT AUTHORIZATION.

       (a) Establishment.--
       (1) In general.--The Administrator shall establish a pilot 
     program under which the Administrator shall grant not more 
     than 15 Good Samaritan permits to carry out projects to 
     remediate historic mine residue at any portions of abandoned 
     hardrock mine sites in accordance with this division.
       (2) Oversight of permits.--The Administrator may oversee 
     the remediation project under paragraph (1), and any action 
     taken by the applicable Good Samaritan or any cooperating 
     person under the applicable Good Samaritan permit, for the 
     duration of the Good Samaritan permit, as the Administrator 
     determines to be necessary to review the status of the 
     project.
       (3) Sunset.--
       (A) In general.--Except as provided in subparagraph (B), 
     the pilot program described in paragraph (1) shall terminate 
     on the date that is 7 years after the date of enactment of 
     this Act.
       (B) Exception.--Notwithstanding subparagraph (A), the 
     Administrator may grant a Good Samaritan permit pursuant to 
     this division after the date identified in subparagraph (A) 
     if the application for the Good Samaritan permit--
       (i) was submitted not later than 180 days before that date; 
     and
       (ii) was completed in accordance with subsection (c) by not 
     later than 7 years after the date of enactment of this Act.
       (C) Effect on certain permits.--Any Good Samaritan permit 
     granted by the deadline prescribed in subparagraph (A) or 
     (B), as applicable, that is in effect on the date that is 7 
     years after the date of enactment of this Act shall remain in 
     effect after that date in accordance with--
       (i) the terms and conditions of the Good Samaritan permit; 
     and
       (ii) this division.
       (b) Good Samaritan Permit Eligibility.--
       (1) In general.--To be eligible to receive a Good Samaritan 
     permit to carry out a project to remediate an abandoned 
     hardrock mine site, a person shall demonstrate that, as 
     determined by the Administrator--
       (A) the abandoned hardrock mine site that is the subject of 
     the application for a Good Samaritan permit is located in the 
     United States;
       (B) the purpose of the proposed project is the remediation 
     at that abandoned hardrock mine site of historic mine 
     residue;
       (C) the proposed activities are designed to result in the 
     partial or complete remediation of historic mine residue at 
     the abandoned hardrock mine site within the term of the Good 
     Samaritan permit;
       (D) the proposed project poses a low risk to the 
     environment, as determined by the Administrator;
       (E) to the satisfaction of the Administrator, the person--
       (i) possesses, or has the ability to secure, the financial 
     and other resources necessary--

       (I) to complete the permitted work, as determined by the 
     Administrator; and
       (II) to address any contingencies identified in the Good 
     Samaritan permit application described in subsection (c);

       (ii) possesses the proper and appropriate experience and 
     capacity to complete the permitted work; and
       (iii) will complete the permitted work; and
       (F) the person is a Good Samaritan with respect to the 
     historic mine residue proposed to be covered by the Good 
     Samaritan permit.
       (2) Identification of all responsible owners or 
     operators.--
       (A) In general.--A Good Samaritan shall make reasonable and 
     diligent efforts to identify, from a review of publicly 
     available information in land records or on internet websites 
     of Federal, State, and local regulatory authorities, all 
     responsible owners or operators of an abandoned hardrock mine 
     site proposed to be remediated by the Good Samaritan under 
     this section.
       (B) Existing responsible owner or operator.--If the 
     Administrator determines, based on information provided by a 
     Good Samaritan or otherwise, that a responsible owner or 
     operator exists for an abandoned hardrock mine site proposed 
     to be remediated by the Good Samaritan, the Administrator 
     shall deny the application for a Good Samaritan permit.
       (c) Application for Permits.--To obtain a Good Samaritan 
     permit, a person shall submit to the Administrator an 
     application, signed by the person and any cooperating person, 
     that provides, to the extent known or reasonably discoverable 
     by the person on the date on which the application is 
     submitted--
       (1) a description of the abandoned hardrock mine site 
     (including the boundaries of the abandoned hardrock mine 
     site) proposed to be covered by the Good Samaritan permit;
       (2) a description of all parties proposed to be involved in 
     the remediation project, including any cooperating person and 
     each member of an applicable corporation, association, 
     partnership, consortium, joint venture, commercial entity, or 
     nonprofit association;
       (3) evidence that the person has or will acquire all legal 
     rights or the authority necessary to enter the relevant 
     abandoned

[[Page S4279]]

     hardrock mine site and perform the remediation described in 
     the application;
       (4) a detailed description of the historic mine residue to 
     be remediated;
       (5) a detailed description of the expertise and experience 
     of the person and the resources available to the person to 
     successfully implement and complete the remediation plan 
     under paragraph (7);
       (6) to the satisfaction of the Administrator and subject to 
     subsection (d), a description of the baseline conditions 
     caused by the historic mine residue to be remediated that 
     includes--
       (A) the nature and extent of any adverse impact on the 
     water quality of any body of water caused by the drainage of 
     historic mine residue or other discharges from the abandoned 
     hardrock mine site;
       (B) the flow rate and concentration of any drainage of 
     historic mine residue or other discharge from the abandoned 
     hardrock mine site in any body of water that has resulted in 
     an adverse impact described in subparagraph (A); and
       (C) any other release or threat of release of historic mine 
     residue that has resulted in an adverse impact to human 
     health or the environment;
       (7) subject to subsection (d), a remediation plan for the 
     abandoned hardrock mine site that describes--
       (A) the nature and scope of the proposed remediation 
     activities, including--
       (i) any historic mine residue to be addressed by the 
     remediation plan; and
       (ii) a description of the goals of the remediation 
     including, if applicable, with respect to--

       (I) the reduction or prevention of a release, threat of 
     release, or discharge to surface waters; or
       (II) other appropriate goals relating to water or soil;

       (B) each activity that the person proposes to take that 
     is--
       (i) designed to--

       (I) improve or enhance water quality or site-specific soil 
     or sediment quality relevant to the historic mine residue 
     addressed by the remediation plan, including making 
     measurable progress toward achieving applicable water quality 
     standards; or
       (II) otherwise protect human health and the environment 
     (including through the prevention of a release, discharge, or 
     threat of release to water, sediment, or soil); and

       (ii) otherwise necessary to carry out an activity described 
     in subclause (I) or (II) of clause (i);
       (C) a plan describing the monitoring or other forms of 
     assessment that will be undertaken by the person to evaluate 
     the success of the activities described in subparagraph (A) 
     during and after the remediation, with respect to the 
     baseline conditions, as described in paragraph (6);
       (D) to the satisfaction of the Administrator, detailed 
     engineering plans for the project;
       (E) detailed plans for any proposed recycling or 
     reprocessing of historic mine residue to be conducted by the 
     person (including a description of how all proposed recycling 
     or reprocessing activities contribute to the remediation of 
     the abandoned hardrock mine site); and
       (F) identification of any proposed contractor that will 
     perform any remediation activity;
       (8) subject to subsection (d), a schedule for the work to 
     be carried out under the project, including a schedule for 
     periodic reporting by the person on the remediation of the 
     abandoned hardrock mine site;
       (9) a health and safety plan that is specifically designed 
     for mining remediation work;
       (10) a specific contingency plan that--
       (A) includes provisions on response and notification to 
     Federal, State, Tribal, and local authorities with 
     jurisdiction over downstream waters that have the potential 
     to be impacted by an unplanned release or discharge of 
     hazardous substances, pollutants, or contaminants; and
       (B) is designed to respond to unplanned adverse events 
     (such as adverse weather events or a potential fluid release 
     that may result from addressing pooled water or hydraulic 
     pressure situations), including the sudden release of 
     historic mine residue;
       (11) subject to subsection (d), a project budget and 
     description of financial resources that demonstrate that the 
     permitted work, including any operation and maintenance, will 
     be completed;
       (12) subject to subsection (d), information demonstrating 
     that the applicant has the financial resources to carry out 
     the remediation (including any long-term monitoring that may 
     be required by the Good Samaritan permit) or the ability to 
     secure an appropriate third-party financial assurance, as 
     determined by the Administrator, to ensure completion of the 
     permitted work, including any long-term operations and 
     maintenance of remediation activities that may be--
       (A) proposed in the application for the Good Samaritan 
     permit; or
       (B) required by the Administrator as a condition of 
     granting the permit;
       (13) subject to subsection (d), a detailed plan for any 
     required operation and maintenance of any remediation, 
     including a timeline, if necessary;
       (14) subject to subsection (d), a description of any 
     planned post-remediation monitoring, if necessary; and
       (15) subject to subsection (d), any other appropriate 
     information, as determined by the Administrator or the 
     applicant.
       (d) Investigative Sampling.--
       (1) Investigative sampling permits.--The Administrator may 
     grant an investigative sampling permit for a period 
     determined by the Administrator to authorize a Good Samaritan 
     to conduct investigative sampling of historic mine residue, 
     soil, sediment, or water to determine--
       (A) baseline conditions; and
       (B) whether the Good Samaritan--
       (i) is willing to perform further remediation to address 
     the historic mine residue; and
       (ii) will proceed with a permit conversion under subsection 
     (e)(1).
       (2) Number of permits.--
       (A) Limitation.-- Subject to subparagraph (B), the 
     Administrator may grant not more than 15 investigative 
     sampling permits.
       (B) Applicability to converted permits.--An investigative 
     sampling permit that is not converted to a Good Samaritan 
     permit pursuant to paragraph (5) may be eligible for 
     reissuance by the Administrator subject to the overall total 
     of not more than 15 investigative sampling permits allowed at 
     any 1 time described in subparagraph (A).
       (3) Application.--If a Good Samaritan proposes to conduct 
     investigative sampling, the Good Samaritan shall submit to 
     the Administrator an investigative sampling permit 
     application that contains, to the satisfaction of the 
     Administrator--
       (A) each description required under paragraphs (1), (2), 
     and (5) of subsection (c);
       (B) to the extent reasonably known to the applicant, any 
     previously documented water quality data describing 
     conditions at the abandoned hardrock mine site;
       (C) the evidence required under subsection (c)(3);
       (D) each plan required under paragraphs (9) and (10) of 
     subsection (c); and
       (E) a detailed plan of the investigative sampling.
       (4) Requirements.--
       (A) In general.--If a person submits an application that 
     proposes only investigative sampling of historic mine 
     residue, soil, sediment, or water that only includes the 
     requirements described in paragraph (1), the Administrator 
     may grant an investigative sampling permit that authorizes 
     the person only to carry out the plan of investigative 
     sampling of historic mine residue, soil, sediment, or water, 
     as described in the investigative sampling permit application 
     under paragraph (3).
       (B) Reprocessing.--An investigative sampling permit--
       (i) shall not authorize a Good Samaritan or cooperating 
     person to conduct any reprocessing of material; and
       (ii) may authorize metallurgical testing of historic mine 
     residue to determine whether reprocessing under subsection 
     (f)(4)(B) is feasible.
       (C) Requirements relating to samples.--In conducting 
     investigative sampling of historic mine residue, soil, 
     sediment, or water, a Good Samaritan shall--
       (i) collect samples that are representative of the 
     conditions present at the abandoned hardrock mine site that 
     is the subject of the investigative sampling permit; and
       (ii) retain publicly available records of all sampling 
     events for a period of not less than 3 years.
       (5) Permit conversion.--Not later than 1 year after the 
     date on which the investigative sampling under the 
     investigative sampling permit concludes, a Good Samaritan to 
     whom an investigative sampling permit is granted under 
     paragraph (1) may apply to convert an investigative sampling 
     permit into a Good Samaritan permit under subsection (e)(1).
       (6) Permit not converted.--
       (A) In general.--Subject to subparagraph (B)(ii)(I), a Good 
     Samaritan who obtains an investigative sampling permit may 
     decline--
       (i) to apply to convert the investigative sampling permit 
     into a Good Samaritan permit under paragraph (5); and
       (ii) to undertake remediation activities on the site where 
     investigative sampling was conducted on conclusion of 
     investigative sampling.
       (B) Effect of lack of conversion.--
       (i) In general.--Notwithstanding a refusal by a Good 
     Samaritan to convert an investigative sampling permit into a 
     Good Samaritan permit under subparagraph (A), but subject to 
     clause (ii), the provisions of paragraphs (1) through (4) of 
     subsection (n) shall continue to apply to the Good Samaritan 
     and any cooperating persons after the refusal to convert.
       (ii) Degradation of surface water quality.--

       (I) Opportunity to correct.--If, before the date on which a 
     Good Samaritan refuses to convert an investigative sampling 
     permit under subparagraph (A), actions by the Good Samaritan 
     or any cooperating person have caused conditions at the 
     abandoned hardrock mine site to be measurably worse, as 
     determined by the Administrator, when compared to conditions 
     described pursuant to paragraph (3)(B), if applicable, the 
     Administrator shall provide the Good Samaritan or cooperating 
     person, as applicable, the opportunity to return the 
     conditions at the abandoned hardrock mine site to those 
     conditions.
       (II) Effect.--If, pursuant to subclause (I), the applicable 
     Good Samaritan or cooperating person does not return the 
     surface water quality at the abandoned hardrock mine site to 
     conditions described pursuant to paragraph (3)(B), if 
     applicable, as determined by the Administrator, clause (i) 
     shall not apply to the Good Samaritan or any cooperating 
     persons.

[[Page S4280]]

       (e) Investigative Sampling Conversion.--
       (1) In general.--A person to which an investigative 
     sampling permit was granted may submit to the Administrator 
     an application in accordance with paragraph (2) to convert 
     the investigative sampling permit into a Good Samaritan 
     permit.
       (2) Application.--
       (A) Investigative sampling.--An application for the 
     conversion of an investigative sampling permit under 
     paragraph (1) shall include any requirement described in 
     subsection (c) that was not included in full in the 
     application submitted under subsection (d)(3).
       (B) Public notice and comment.--An application for permit 
     conversion under this paragraph shall be subject to--
       (i) environmental review and public comment procedures 
     required by subsection (l); and
       (ii) a public hearing, if requested.
       (f) Content of Permits.--
       (1) In general.--A Good Samaritan permit shall contain--
       (A) the information described in subsection (c), including 
     any modification required by the Administrator;
       (B)(i) a provision that states that the Good Samaritan is 
     responsible for securing, for all activities authorized under 
     the Good Samaritan permit, all authorizations, licenses, and 
     permits that are required under applicable law except for--
       (I) section 301, 302, 306, 307, 402, or 404 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1311, 1312, 1316, 
     1317, 1342, 1344); and
       (II) authorizations, licenses, and permits that would not 
     need to be obtained if the remediation was conducted pursuant 
     to section 121 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9621); or
       (ii) in the case of an abandoned hardrock mine site in a 
     State that is authorized to implement State law pursuant to 
     section 402 or 404 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1342, 1344) or on land of an Indian tribe that is 
     authorized to implement Tribal law pursuant to that section, 
     a provision that states that the Good Samaritan is 
     responsible for securing, for all activities authorized under 
     the Good Samaritan permit, all authorizations, licenses, and 
     permits that are required under applicable law, except for--
       (I) the State or Tribal law, as applicable; and
       (II) authorizations, licenses, and permits that would not 
     need to be obtained if the remediation was conducted pursuant 
     to section 121 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9621);
       (C) specific public notification requirements, including 
     the contact information for all appropriate response centers 
     in accordance with subsection (o);
       (D) in the case of a project on land owned by the United 
     States, a notice that the Good Samaritan permit serves as an 
     agreement for use and occupancy of Federal land that is 
     enforceable by the applicable Federal land management agency; 
     and
       (E) any other terms and conditions determined to be 
     appropriate by the Administrator or the Federal land 
     management agency, as applicable.
       (2) Force majeure.--A Good Samaritan permit may include, at 
     the request of the Good Samaritan, a provision that a Good 
     Samaritan may assert a claim of force majeure for any 
     violation of the Good Samaritan permit caused solely by--
       (A) an act of God;
       (B) an act of war;
       (C) negligence on the part of the United States;
       (D) an act or omission of a third party, if the Good 
     Samaritan--
       (i) exercises due care with respect to the actions of the 
     Good Samaritan under the Good Samaritan permit, as determined 
     by the Administrator;
       (ii) took precautions against foreseeable acts or omissions 
     of the third party, as determined by the Administrator; and
       (iii) uses reasonable efforts--

       (I) to anticipate any potential force majeure; and
       (II) to address the effects of any potential force majeure; 
     or

       (E) a public health emergency declared by the Federal 
     Government or a global government, such as a pandemic or an 
     epidemic.
       (3) Monitoring.--
       (A) In general.--The Good Samaritan shall take such actions 
     as the Good Samaritan permit requires to ensure appropriate 
     baseline conditions monitoring, monitoring during the 
     remediation project, and post-remediation monitoring of the 
     environment under paragraphs (7) and (14) of subsection (c).
       (B) Multiparty monitoring.--The Administrator may approve 
     in a Good Samaritan permit the monitoring by multiple 
     cooperating persons if, as determined by the Administrator--
       (i) the multiparty monitoring will effectively accomplish 
     the goals of this section; and
       (ii) the Good Samaritan remains responsible for compliance 
     with the terms of the Good Samaritan permit.
       (4) Other development.--
       (A) No authorization of mining activities.--No mineral 
     exploration, processing, beneficiation, or mining shall be--
       (i) authorized by this division; or
       (ii) covered by any waiver of liability provided by this 
     division from applicable law.
       (B) Reprocessing of materials.--A Good Samaritan may 
     reprocess materials recovered during the implementation of a 
     remediation plan only if--
       (i) the project under the Good Samaritan permit is on land 
     owned by the United States;
       (ii) the applicable Federal land management agency has 
     signed a decision document under subsection (l)(2)(G) 
     approving reprocessing as part of a remediation plan;
       (iii) the proceeds from the sale or use of the materials 
     are used--

       (I) to defray the costs of the remediation; and
       (II) to the extent required by the Good Samaritan permit, 
     to reimburse the Administrator or the head of a Federal land 
     management agency for the purpose of carrying out this 
     division;

       (iv) any remaining proceeds are deposited into the 
     appropriate Good Samaritan Mine Remediation Fund established 
     by section 5005(a); and
       (v) the materials only include historic mine residue.
       (C) Connection with other activities.--The commingling or 
     association of any other discharge of water or historic mine 
     residue or any activity, project, or operation conducted on 
     or after the date of enactment of this Act with any aspect of 
     a project subject to a Good Samaritan permit shall not limit 
     or reduce the liability of any person associated with the 
     other discharge of water or historic mine residue or 
     activity, project, or operation.
       (g) Additional Work.--A Good Samaritan permit may (subject 
     to subsection (r)(5) in the case of a project located on 
     Federal land) allow the Good Samaritan to return to the 
     abandoned hardrock mine site after the completion of the 
     remediation to perform operations and maintenance or other 
     work--
       (1) to ensure the functionality of completed remediation 
     activities at the abandoned hardrock mine site; or
       (2) to protect public health and the environment.
       (h) Timing.--Work authorized under a Good Samaritan 
     permit--
       (1) shall commence, as applicable--
       (A) not later than the date that is 18 months after the 
     date on which the Administrator granted the Good Samaritan 
     permit, unless the Administrator grants an extension under 
     subsection (r)(2)(A); or
       (B) if the grant of the Good Samaritan permit is the 
     subject of a petition for judicial review, not later than the 
     date that is 18 months after the date on which the judicial 
     review, including any appeals, has concluded; and
       (2) shall continue until completed, with temporary 
     suspensions permitted during adverse weather or other 
     conditions specified in the Good Samaritan permit.
       (i) Transfer of Permits.--A Good Samaritan permit may be 
     transferred to another person only if--
       (1) the Administrator determines that the transferee 
     qualifies as a Good Samaritan;
       (2) the transferee signs, and agrees to be bound by the 
     terms of, the permit;
       (3) the Administrator includes in the transferred permit 
     any additional conditions necessary to meet the goals of this 
     section; and
       (4) in the case of a project under the Good Samaritan 
     permit on land owned by the United States, the head of the 
     applicable Federal land management agency approves the 
     transfer.
       (j) Role of Administrator and Federal Land Management 
     Agencies.--In carrying out this section--
       (1) the Administrator shall--
       (A) consult with prospective applicants;
       (B) convene, coordinate, and lead the application review 
     process;
       (C) maintain all records relating to the Good Samaritan 
     permit and the permit process;
       (D) in the case of a proposed project on State, Tribal, or 
     private land, provide an opportunity for cooperating persons 
     and the public to participate in the Good Samaritan permit 
     process, including--
       (i) carrying out environmental review and public comment 
     procedures pursuant to subsection (l); and
       (ii) a public hearing, if requested; and
       (E) enforce and otherwise carry out this section; and
       (2) the head of an applicable Federal land management 
     agency shall--
       (A) in the case of a proposed project on land owned by the 
     United States, provide an opportunity for cooperating persons 
     and the public to participate in the Good Samaritan permit 
     process, including--
       (i) carrying out environmental review and public comment 
     procedures pursuant to subsection (l); and
       (ii) a public hearing, if requested; and
       (B) in coordination with the Administrator, enforce Good 
     Samaritan permits issued under this section for projects on 
     land owned by the United States.
       (k) State, Local, and Tribal Governments.--As soon as 
     practicable, but not later than 14 days after the date on 
     which the Administrator receives an application for the 
     remediation of an abandoned hardrock mine site under this 
     section that, as determined by the Administrator, is complete 
     and meets all applicable requirements of subsection (c), the 
     Administrator shall provide notice and a copy of the 
     application to--
       (1) each local government with jurisdiction over a drinking 
     water utility, and each Indian tribe with reservation or off-
     reservation

[[Page S4281]]

     treaty rights to land or water, located downstream from or 
     otherwise near a proposed remediation project that is 
     reasonably anticipated to be impacted by the remediation 
     project or a potential release of contaminants from the 
     abandoned hardrock mine site, as determined by the 
     Administrator;
       (2) each Federal, State, and Tribal agency that may have an 
     interest in the application; and
       (3) in the case of an abandoned hardrock mine site that is 
     located partially or entirely on land owned by the United 
     States, the Federal land management agency with jurisdiction 
     over that land.
       (l) Environmental Review and Public Comment.--
       (1) In general.--Before the issuance of a Good Samaritan 
     permit to carry out a project for the remediation of an 
     abandoned hardrock mine site, the Administrator shall ensure 
     that environmental review and public comment procedures are 
     carried out with respect to the proposed project.
       (2) Relation to nepa.--
       (A) Major federal action.--Subject to subparagraph (F), the 
     issuance or modification of a Good Samaritan permit by the 
     Administrator shall be considered a major Federal action for 
     purposes of section 102 of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332).
       (B) Lead agency.--The lead agency for purposes of an 
     environmental assessment and public comment under this 
     subsection shall be--
       (i) in the case of a proposed project on land owned by the 
     United States that is managed by only 1 Federal land 
     management agency, the applicable Federal land management 
     agency;
       (ii) in the case of a proposed project entirely on State, 
     Tribal, or private land, the Administrator;
       (iii) in the case of a proposed project partially on land 
     owned by the United States and partially on State, Tribal, or 
     private land, the applicable Federal land management agency; 
     and
       (iv) in the case of a proposed project on land owned by the 
     United States that is managed by more than 1 Federal land 
     management agency, the Federal land management agency 
     selected by the Administrator to be the lead agency, after 
     consultation with the applicable Federal land management 
     agencies.
       (C) Coordination.--To the maximum extent practicable, the 
     lead agency described in subparagraph (B) shall coordinate 
     procedures under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) with State, Tribal, and Federal 
     cooperating agencies, as applicable.
       (D) Cooperating agency.--In the case of a proposed project 
     on land owned by the United States, the Administrator shall 
     be a cooperating agency for purposes of an environmental 
     assessment and public comment under this subsection.
       (E) Single nepa document.--The lead agency described in 
     subparagraph (B) may conduct a single environmental 
     assessment for--
       (i) the issuance of a Good Samaritan permit;
       (ii) any activities authorized by a Good Samaritan permit; 
     and
       (iii) any applicable permits required by the Secretary of 
     the Interior or the Secretary of Agriculture.
       (F) No significant impact.--
       (i) In general.--A Good Samaritan permit may only be issued 
     if, after an environmental assessment, the head of the lead 
     agency issues a finding of no significant impact (as defined 
     in section 111 of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4336e)).
       (ii) Significant impact.--If the head of the lead agency is 
     unable to issue a finding of no significant impact (as so 
     defined), the head of the lead agency shall not issue a Good 
     Samaritan permit for the proposed project.
       (G) Decision document.--An approval or denial of a Good 
     Samaritan permit may be issued as a single decision document 
     that is signed by--
       (i) the Administrator; and
       (ii) in the case of a project on land owned by the United 
     States, the head of the applicable Federal land management 
     agency.
       (H) Limitation.--Nothing in this paragraph exempts the 
     Secretary of Agriculture or the Secretary of the Interior, as 
     applicable, from any other requirements of section 102 of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4332).
       (m) Permit Grant.--
       (1) In general.--The Administrator may grant a Good 
     Samaritan permit to carry out a project for the remediation 
     of an abandoned hardrock mine site only if--
       (A) the Administrator determines that--
       (i) the person seeking the permit is a Good Samaritan;
       (ii) the application described in subsection (c) is 
     complete;
       (iii) the project is designed to remediate historic mine 
     residue at the abandoned hardrock mine site to protect human 
     health and the environment;
       (iv) the proposed project is designed to meet all other 
     goals, as determined by the Administrator, including any 
     goals set forth in the application for the Good Samaritan 
     permit that are accepted by the Administrator;
       (v) the proposed activities, as compared to the baseline 
     conditions described in the permit, will make measurable 
     progress toward achieving--

       (I) applicable water quality standards;
       (II) improved soil quality;
       (III) improved sediment quality;
       (IV) other improved environmental or safety conditions; or
       (V) reductions in threats to soil, sediment, or water 
     quality or other environmental or safety conditions;

       (vi) the applicant has--

       (I) demonstrated that the applicant has the proper and 
     appropriate experience and capacity to complete the permitted 
     work;
       (II) demonstrated that the applicant will complete the 
     permitted work;
       (III) the financial and other resources to address any 
     contingencies identified in the Good Samaritan permit 
     application described in subsections (b) and (c);
       (IV) granted access and provided the authority to review 
     the records of the applicant relevant to compliance with the 
     requirements of the Good Samaritan permit; and
       (V) demonstrated, to the satisfaction of the Administrator, 
     that--

       (aa) the applicant has, or has access to, the financial 
     resources to complete the project described in the Good 
     Samaritan permit application, including any long-term 
     monitoring and operations and maintenance that the 
     Administrator may require the applicant to perform in the 
     Good Samaritan permit; or
       (bb) the applicant has established a third-party financial 
     assurance mechanism, such as a corporate guarantee from a 
     parent or other corporate affiliate, letter of credit, trust, 
     surety bond, or insurance to assure that funds are available 
     to complete the permitted work, including for operations and 
     maintenance and to address potential contingencies, that--
       (AA) establishes the Administrator or the head of the 
     Federal land management agency as the beneficiary of the 
     third-party financial assurance mechanism; and
       (BB) allows the Administrator to retain and use the funds 
     from the financial assurance mechanism in the event the Good 
     Samaritan does not complete the remediation under the Good 
     Samaritan permit; and
       (vii) the project meets the requirements of this division;
       (B) the State or Indian tribe with jurisdiction over land 
     on which the abandoned hardrock mine site is located has been 
     given an opportunity to review and, if necessary, comment on 
     the grant of the Good Samaritan permit;
       (C) in the case of a project proposed to be carried out 
     under the Good Samaritan permit partially or entirely on land 
     owned by the United States, pursuant to subsection (l), the 
     head of the applicable Federal land management agency has 
     signed a decision document approving the proposed project; 
     and
       (D) the Administrator or head of the Federal land 
     management agency, as applicable, has provided--
       (i) environmental review and public comment procedures 
     required by subsection (l); and
       (ii) a public hearing under that subsection, if requested.
       (2) Deadline.--
       (A) In general.--The Administrator shall grant or deny a 
     Good Samaritan permit by not later than--
       (i) the date that is 180 days after the date of receipt by 
     the Administrator of an application for the Good Samaritan 
     permit that, as determined by the Administrator, is complete 
     and meets all applicable requirements of subsection (c); or
       (ii) such later date as may be determined by the 
     Administrator with notification provided to the applicant.
       (B) Constructive denial.--If the Administrator fails to 
     grant or deny a Good Samaritan permit by the applicable 
     deadline described in subparagraph (A), the application shall 
     be considered to be denied.
       (3) Discretionary action.--The issuance of a permit by the 
     Administrator and the approval of a project by the head of an 
     applicable Federal land management agency shall be considered 
     to be discretionary actions taken in the public interest.
       (n) Effect of Permits.--
       (1) In general.--A Good Samaritan and any cooperating 
     person undertaking remediation activities identified in, 
     carried out pursuant to, and in compliance with, a covered 
     permit--
       (A) shall be considered to be in compliance with all 
     requirements (including permitting requirements) under the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) 
     (including any law or regulation implemented by a State or 
     Indian tribe under section 402 or 404 of that Act (33 U.S.C. 
     1342, 1344)) and the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) during the term of the covered permit, after the 
     termination of the Good Samaritan permit, and after declining 
     to convert an investigative sampling permit into a Good 
     Samaritan permit, as applicable;
       (B) shall not be required to obtain a permit under, or to 
     comply with, section 301, 302, 306, 307, 402, or 404 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 
     1316, 1317, 1342, 1344), or any State or Tribal standards or 
     regulations approved by the Administrator under those 
     sections of that Act, during the term of the covered permit, 
     after the termination of the Good Samaritan permit, and after 
     declining to convert an investigative sampling permit into a 
     Good Samaritan permit, as applicable; and
       (C) shall not be required to obtain any authorizations, 
     licenses, or permits that would

[[Page S4282]]

     otherwise not need to be obtained if the remediation was 
     conducted pursuant to section 121 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9621).
       (2) Unauthorized activities.--
       (A) In general.--Any person (including a Good Samaritan or 
     any cooperating person) that carries out any activity, 
     including activities relating to mineral exploration, 
     processing, beneficiation, or mining, including development, 
     that is not authorized by the applicable covered permit shall 
     be subject to all applicable law.
       (B) Liability.--Any activity not authorized by a covered 
     permit, as determined by the Administrator, may be subject to 
     liability and enforcement under all applicable law, 
     including--
       (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.); and
       (ii) the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.).
       (3) No enforcement or liability for good samaritans.--
       (A) In general.--Subject to subparagraphs (D) and (E), a 
     Good Samaritan or cooperating person that is conducting a 
     remediation activity identified in, pursuant to, and in 
     compliance with a covered permit shall not be subject to 
     enforcement or liability described in subparagraph (B) for--
       (i) any actions undertaken that are authorized by the 
     covered permit; or
       (ii) any past, present, or future releases, threats of 
     releases, or discharges of hazardous substances, pollutants, 
     or contaminants at or from the abandoned hardrock mine site 
     that is the subject of the covered permit (including any 
     releases, threats of releases, or discharges that occurred 
     prior to the grant of the covered permit).
       (B) Enforcement or liability described.--Enforcement or 
     liability referred to in subparagraph (A) is enforcement, 
     civil or criminal penalties, citizen suits and any 
     liabilities for response costs, natural resource damage, or 
     contribution under--
       (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (including under any law or regulation administered 
     by a State or Indian tribe under that Act); or
       (ii) the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.).
       (C) Duration of applicability.--Subparagraph (A) shall 
     apply during the term of the covered permit, after the 
     termination of the Good Samaritan permit, and after declining 
     to convert an investigative sampling permit into a Good 
     Samaritan permit, as applicable.
       (D) Other parties.--Nothing in subparagraph (A) limits the 
     liability of any person that is not described in that 
     subparagraph.
       (E) Decline in environmental conditions.--Notwithstanding 
     subparagraph (A), if a Good Samaritan or cooperating person 
     fails to comply with any term, condition, or limitation of a 
     covered permit and that failure results in surface water 
     quality or other environmental conditions that the 
     Administrator determines are measurably worse than the 
     baseline conditions as described in the permit (in the case 
     of a Good Samaritan permit) or the conditions as described 
     pursuant to subsection (d)(3)(B), if applicable (in the case 
     of an investigative sampling permit), at the abandoned 
     hardrock mine site, the Administrator shall--
       (i) notify the Good Samaritan or cooperating person, as 
     applicable, of the failure to comply; and
       (ii) require the Good Samaritan or the cooperating person, 
     as applicable, to undertake reasonable measures, as 
     determined by the Administrator, to return surface water 
     quality or other environmental conditions to those 
     conditions.
       (F) Failure to correct.--Subparagraph (A) shall not apply 
     to a Good Samaritan or cooperating person that fails to take 
     any actions required under subparagraph (E)(ii) within a 
     reasonable period of time, as established by the 
     Administrator.
       (G) Minor or corrected permit violations.--For purposes of 
     this paragraph, the failure to comply with a term, condition, 
     or limitation of a Good Samaritan permit or investigative 
     sampling permit shall not be considered a permit violation or 
     noncompliance with that permit if--
       (i) that failure or noncompliance does not result in a 
     measurable adverse impact, as determined by the 
     Administrator, on water quality or other environmental 
     conditions; or
       (ii) the Good Samaritan or cooperating person complies with 
     subparagraph (E)(ii).
       (o) Public Notification of Adverse Event.--A Good Samaritan 
     shall notify all appropriate Federal, State, Tribal, and 
     local entities of any unplanned or previously unknown release 
     of historic mine residue caused by the actions of the Good 
     Samaritan or any cooperating person in accordance with--
       (1) section 103 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9603);
       (2) section 304 of the Emergency Planning and Community 
     Right-To-Know Act of 1986 (42 U.S.C. 11004);
       (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (4) any other applicable provision of Federal law; and
       (5) any other applicable provision of State, Tribal, or 
     local law.
       (p) Grant Eligibility.--A remediation project conducted 
     under a Good Samaritan permit shall be eligible for funding 
     pursuant to--
       (1) section 319 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1329), for activities that are eligible for 
     funding under that section; and
       (2) section 104(k) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9604(k)), subject to the condition that the recipient of the 
     funding is otherwise eligible under that section to receive a 
     grant to assess or remediate contamination at the site 
     covered by the Good Samaritan permit.
       (q) Emergency Authority and Liability.--
       (1) Emergency authority.--Nothing in this section affects 
     the authority of--
       (A) the Administrator to take any responsive action 
     authorized by law; or
       (B) a Federal, State, Tribal, or local agency to carry out 
     any emergency authority, including an emergency authority 
     provided under Federal, State, Tribal, or local law.
       (2) Liability.--Except as specifically provided in this 
     division, nothing in this division, a Good Samaritan permit, 
     or an investigative sampling permit limits the liability of 
     any person (including a Good Samaritan or any cooperating 
     person) under any provision of law.
       (r) Termination of Good Samaritan Permit.--
       (1) In general.--A Good Samaritan permit shall terminate, 
     as applicable--
       (A) on inspection and notice from the Administrator to the 
     recipient of the Good Samaritan permit that the permitted 
     work has been completed in accordance with the terms of the 
     Good Samaritan permit, as determined by the Administrator;
       (B) if the Administrator terminates a permit under 
     paragraph (4)(B); or
       (C) except as provided in paragraph (2)--
       (i) on the date that is 18 months after the date on which 
     the Administrator granted the Good Samaritan permit, if the 
     permitted work has not commenced by that date; or
       (ii) if the grant of the Good Samaritan permit was the 
     subject of a petition for judicial review, on the date that 
     is 18 months after the date on which the judicial review, 
     including any appeals, has concluded, if the permitted work 
     has not commenced by that date.
       (2) Extension.--
       (A) In general.--If the Administrator is otherwise required 
     to terminate a Good Samaritan permit under paragraph (1)(C), 
     the Administrator may grant an extension of the Good 
     Samaritan permit.
       (B) Limitation.--Any extension granted under subparagraph 
     (A) shall be not more than 180 days for each extension.
       (3) Effect of termination.--
       (A) In general.--Notwithstanding the termination of a Good 
     Samaritan permit under paragraph (1), but subject to 
     subparagraph (B), the provisions of paragraphs (1) through 
     (4) of subsection (n) shall continue to apply to the Good 
     Samaritan and any cooperating persons after the termination, 
     including to any long-term operations and maintenance 
     pursuant to the agreement under paragraph (5).
       (B) Degradation of surface water quality.--
       (i) Opportunity to return to baseline conditions.--If, at 
     the time that 1 or more of the conditions described in 
     paragraph (1) are met but before the Good Samaritan permit is 
     terminated, actions by the Good Samaritan or cooperating 
     person have caused surface water quality at the abandoned 
     hardrock mine site to be measurably worse, as determined by 
     the Administrator, when compared to baseline conditions 
     described in the permit, the Administrator shall, before 
     terminating the Good Samaritan permit, provide the Good 
     Samaritan or cooperating person, as applicable, the 
     opportunity to return surface water quality to those baseline 
     conditions.
       (ii) Effect.--If, pursuant to clause (i), the applicable 
     Good Samaritan or cooperating person does not return the 
     surface water quality at the abandoned hardrock mine site to 
     the baseline conditions described in the permit, as 
     determined by the Administrator, subparagraph (A) shall not 
     apply to the Good Samaritan or any cooperating persons.
       (4) Unforeseen circumstances.--
       (A) In general.--The recipient of a Good Samaritan permit 
     may seek to modify or terminate the Good Samaritan permit to 
     take into account any event or condition that--
       (i) significantly reduces the feasibility or significantly 
     increases the cost of completing the remediation project that 
     is the subject of the Good Samaritan permit;
       (ii) was not--

       (I) reasonably contemplated by the recipient of the Good 
     Samaritan permit; or
       (II) taken into account in the remediation plan of the 
     recipient of the Good Samaritan permit; and

       (iii) is beyond the control of the recipient of the Good 
     Samaritan permit, as determined by the Administrator.
       (B) Termination.--The Administrator shall terminate a Good 
     Samaritan permit if--
       (i) the recipient of the Good Samaritan permit seeks 
     termination of the permit under subparagraph (A);
       (ii) the factors described in subparagraph (A) are 
     satisfied; and
       (iii) the Administrator determines that remediation 
     activities conducted by the Good Samaritan or cooperating 
     person pursuant to the Good Samaritan permit may result in 
     surface water quality conditions, or any

[[Page S4283]]

     other environmental conditions, that will be worse than the 
     baseline conditions, as described in the Good Samaritan 
     permit, as applicable.
       (5) Long-term operations and maintenance.--In the case of a 
     project that involves long-term operations and maintenance at 
     an abandoned hardrock mine site located on land owned by the 
     United States, the project may be considered complete and the 
     Administrator, in coordination with the applicable Federal 
     land management agency, may terminate the Good Samaritan 
     permit under this subsection if the applicable Good Samaritan 
     has entered into an agreement with the applicable Federal 
     land management agency or a cooperating person for the long-
     term operations and maintenance that includes sufficient 
     funding for the long-term operations and maintenance.
       (s) Regulations.--
       (1) In general.--Subject to paragraph (2), the 
     Administrator, in consultation with the Secretary of the 
     Interior and the Secretary of Agriculture, and appropriate 
     State, Tribal, and local officials, may promulgate any 
     regulations that the Administrator determines to be necessary 
     to carry out this division.
       (2) Guidance if no regulations promulgated.--
       (A) In general.--If the Administrator does not initiate a 
     regulatory process to promulgate regulations under paragraph 
     (1) within 180 days after the date of enactment of this Act, 
     the Administrator, in consultation with the Secretary of the 
     Interior, the Secretary of Agriculture, and appropriate 
     State, Tribal, and local officials, shall issue guidance 
     establishing specific requirements that the Administrator 
     determines would facilitate the implementation of this 
     section.
       (B) Public comments.--Before finalizing any guidance issued 
     under subparagraph (A), the Administrator shall hold a 30-day 
     public comment period.

     SEC. 5005. SPECIAL ACCOUNTS.

       (a) Establishment.--There is established in the Treasury of 
     the United States a Good Samaritan Mine Remediation Fund 
     (referred to in this section as a ``Fund'') for--
       (1) each Federal land management agency that authorizes a 
     Good Samaritan to conduct a project on Federal land under the 
     jurisdiction of that Federal land management agency under a 
     Good Samaritan permit; and
       (2) the Environmental Protection Agency.
       (b) Deposits.--Each Fund shall consist of--
       (1) amounts provided in appropriation Acts;
       (2) any proceeds from reprocessing deposited under section 
     5004(f)(4)(B)(iv);
       (3) any financial assurance funds collected from an 
     agreement described in section 5004(m)(1)(A)(vi)(V)(bb);
       (4) any funds collected for long-term operations and 
     maintenance under an agreement under section 5004(r)(5);
       (5) any interest earned under an investment under 
     subsection (c);
       (6) any proceeds from the sale or redemption of investments 
     held in the Fund; and
       (7) any amounts donated to the Fund by any person.
       (c) Unused Funds.--Amounts in each Fund not currently 
     needed to carry out this division shall be--
       (1) maintained as readily available or on deposit;
       (2) invested in obligations of the United States or 
     guaranteed by the United States; or
       (3) invested in obligations, participations, or other 
     instruments that are lawful investments for a fiduciary, a 
     trust, or public funds.
       (d) Retain and Use Authority.--The Administrator and each 
     head of a Federal land management agency, as appropriate, 
     may, notwithstanding any other provision of law, retain and 
     use money deposited in the applicable Fund without fiscal 
     year limitation for the purpose of carrying out this 
     division.

     SEC. 5006. REPORT TO CONGRESS.

       (a) In General.--Not later than 8 years after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the heads of Federal land management agencies, shall 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committees on Transportation and 
     Infrastructure, Energy and Commerce, and Natural Resources of 
     the House of Representatives a report evaluating the Good 
     Samaritan pilot program under this division.
       (b) Inclusions.--The report under subsection (a) shall 
     include--
       (1) a description of--
       (A) the number, types, and objectives of Good Samaritan 
     permits granted pursuant to this division; and
       (B) each remediation project authorized by those Good 
     Samaritan permits;
       (2) interim or final qualitative and quantitative data on 
     the results achieved under the Good Samaritan permits before 
     the date of issuance of the report;
       (3) a description of--
       (A) any problems encountered in administering this 
     division; and
       (B) whether the problems have been or can be remedied by 
     administrative action (including amendments to existing law);
       (4) a description of progress made in achieving the 
     purposes of this division; and
       (5) recommendations on whether the Good Samaritan pilot 
     program under this division should be continued, including a 
     description of any modifications (including amendments to 
     existing law) required to continue administering this 
     division.
                                 ______
                                 
  SA 2083. Ms. CANTWELL (for herself and Mr. Cassidy) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1095. HEALTH ENGAGEMENT HUB DEMONSTRATION PROGRAM UNDER 
                   MEDICAID.

       (a) In General.--Section 1903 of the Social Security Act 
     (42 U.S.C. 1396b) is amended by adding at the end the 
     following new subsection:
       ``(cc) Health Engagement Hub Demonstration Program.--
       ``(1) Authority.--The Secretary shall conduct a 
     demonstration program (referred to in this subsection as the 
     `demonstration program') for the purpose of increasing access 
     to treatment for opiate use disorder and other drug use 
     treatment through the establishment of Health Engagement Hubs 
     that meet the criteria published by the Secretary under 
     paragraph (2)(A).
       ``(2) Publication of guidance.--Not later than 6 months 
     after the date of enactment of this subsection, the Secretary 
     shall publish the following:
       ``(A) Certification criteria.--The criteria described in 
     paragraph (3) for an organization to be certified by a State 
     as a Health Engagement Hub for purposes of participating in 
     the demonstration program.
       ``(B) Prospective payment system.--Guidance for States 
     selected to participate in the demonstration program to use 
     to establish a prospective payment system for services 
     permitted under paragraph (3)(B) that are provided by a 
     certified Health Engagement Hub participating in the 
     demonstration program.
       ``(3) Criteria for certification of health engagement 
     hubs.--
       ``(A) General requirements.--In order to be certified as a 
     Health Engagement Hub, an organization shall--
       ``(i) demonstrate that the organization is able to serve as 
     an all-in-one location where individuals who are eligible for 
     medical assistance under a State plan under this title or 
     under a waiver of such plan who seek treatment for opiate use 
     disorder or other drug use may access a range of social and 
     medical services, in a drop-in manner and without prior 
     appointment or proof of payment;
       ``(ii) provide the services specified in subparagraph (B) 
     (in a manner reflecting person-centered care) which, if not 
     available directly through the organization, shall be 
     provided through formal relationships with other providers;
       ``(iii) demonstrate that in selecting the location for the 
     Health Engagement Hub, the organization prioritized placement 
     in communities disproportionately impacted by overdose, 
     health issues, and other harms related to drug use, as well 
     as areas that are medically underserved, rural, 
     geographically isolated areas, tribal areas, or urban centers 
     with under-resourced behavioral health infrastructure, 
     including disadvantaged communities based on race, 
     individuals experiencing homelessness, and communities 
     negatively impacted by the criminal-legal system;
       ``(iv) give priority to establishing or adopting evidence-
     based models to increase engagement or improve outcomes for 
     individuals with active, ongoing substance use, such as 
     social work empowerment models approved by the Secretary, 
     motivational interviewing models approved by the Secretary, 
     or shared decision making models approved by the Secretary; 
     and
       ``(v) meet--

       ``(I) the minimum staffing requirements described in 
     subparagraph (C);
       ``(II) the experience requirement described in subparagraph 
     (D); and
       ``(III) the community advisory board requirement described 
     in subparagraph (E).

       ``(B) Scope of services.--The services specified in this 
     subparagraph are the following:
       ``(i) Required services.--

       ``(I) Harm reduction services and supplies provided 
     directly by the organization or under an arrangement with an 
     organization that offers harm reduction services (which may 
     include a syringe service program, a Federally-qualified 
     health center, a community health center, a Tribal health 
     program, or an opioid treatment program that offers such 
     services), that include--

       ``(aa) overdose education and naloxone distribution;
       ``(bb) safer drug use education and supplies;
       ``(cc) safer-sex supplies;
       ``(dd) emotional support and counseling services to reduce 
     harms associated with substance use, including trauma-
     informed care; and
       ``(ee) access or referral to medications and drugs approved 
     by the Food and Drug Administration for treatment of opioid 
     use disorder with a strong evidence base of significantly 
     reducing mortality (such as methadone and buprenorphine) and 
     other substances, including stimulants, within 4 hours.

       ``(II) Substance use disorder screening and brief 
     intervention.

[[Page S4284]]

       ``(III) Patient-centered and patient-driven physical and 
     behavioral health care that has walk-in availability, is 
     offered during non-traditional hours, including evenings and 
     weekends, and includes--

       ``(aa) shared decision making for patients and providers 
     for opioid use disorder, stimulant use disorder, or both, 
     under which a patient and provider discuss the patient's 
     diagnosis and condition together and evaluate treatment 
     options together;
       ``(bb) primary mental health and substance use disorder 
     services, including screening, assessment, and referrals to 
     higher levels of care;
       ``(cc) wound care;
       ``(dd) infectious disease vaccination, screening, testing, 
     and, to the extent practicable, treatment (including for HIV, 
     sexually transmitted infections, and hepatitis testing and 
     treatment);
       ``(ee) access or referral to sexual and reproductive health 
     services;
       ``(ff) assessment and linkage or referrals to psychiatric 
     services and other specialty care; and
       ``(gg) secure medication storage and inventory policies and 
     procedures for patients experiencing homelessness or housing 
     insecurity.

       ``(IV) Care coordination, complex case management, and 
     other case management, care navigation, and care coordination 
     services that may include--

       ``(aa) education and assistance with obtaining housing, 
     transportation, and other public assistance benefits, 
     including enrollment in the State plan under this title or 
     under a waiver of such plan;
       ``(bb) identification services (such as assistance with 
     obtaining a government-recognized form of identification);
       ``(cc) employment counseling;
       ``(dd) recovery support counseling;
       ``(ee) family reunification services; and
       ``(ff) criminal-legal services.

       ``(V) All services that may be provided under the Outreach 
     Site/Street Place of Service code (POS Code 27 as of October 
     1, 2023) (or a successor place of service code).
       ``(VI) Community health outreach and navigation services to 
     engage with and conduct outreach to community members that is 
     provided by outreach and engagement staff described in 
     subparagraph (C)(i)(IV).

       ``(ii) Optional services.--

       ``(I) Services and supplies to meet basic needs, including 
     food, clothing, and hygiene supplies.
       ``(II) Evidence-based and culturally appropriate behavioral 
     health services.
       ``(III) Medication management for physical and mental 
     health conditions.

       ``(C) Minimum staffing requirements.--
       ``(i) In general.--The minimum staffing requirements 
     specified in this subparagraph are the following:

       ``(I) At least 1 part-time or full-time health care 
     provider who is licensed to practice in the State and is 
     licensed, registered, or otherwise permitted, by the United 
     States to prescribe controlled substances (as defined in 
     section 102 of the Controlled Substances Act) in the course 
     of professional practice.
       ``(II) At least 1 part-time or full-time registered 
     professional nurse or licensed practical nurse who can 
     provide medication management, medical case management, care 
     coordination, wound care, vaccine administration, and 
     community-based outreach.
       ``(III) At least 1 part-time or full-time licensed 
     behavioral health staff who is qualified to assess and 
     provide counseling and treatment recommendations for 
     substance use and mental health diagnoses.
       ``(IV) Full-time outreach, engagement, and ongoing care 
     navigation staff, including peer counselors, community health 
     workers, and recovery coaches. At least 50 percent of such 
     staff shall be individuals with a personal history of drug 
     use.

       ``(ii) Staffing through arrangements with partner 
     agencies.--An organization may enter into an arrangement with 
     a partner agency, such as a Federally-qualified health 
     center, to satisfy the minimum staffing requirements 
     specified in clause (i).
       ``(D) Experience.--An organization shall have a 
     demonstrated history of at least 12 months of service 
     provision to individuals who use drugs, including those who 
     continue with substance use while receiving health and social 
     services.
       ``(E) Community advisory board.--An organization shall have 
     a community advisory board composed of individuals with a 
     history of substance use, or who continue with substance use, 
     that meets, at a minimum, on--
       ``(i) a monthly basis, to review program utilization data 
     and provide feedback to the organization; and
       ``(ii) on a quarterly basis, with the executives or board 
     of directors of the organization to provide input on service 
     delivery and receive feedback on actions taken based on 
     previous feedback provided by the community advisory board.
       ``(4) Planning grants.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall award 
     planning grants to States for the purpose of developing 
     proposals to participate in the demonstration program.
       ``(B) Amount of grant.--The amount of a grant awarded to a 
     State under this paragraph shall be sufficient to pay 100 
     percent of the actual costs expended by a State to carry out 
     the activities required under subparagraph (C).
       ``(C) Use of funds.--A State awarded a planning grant under 
     this paragraph shall solicit input on the development of a 
     proposal to participate in the demonstration program from 
     patients, providers, harm reduction service providers, social 
     service providers, and other stakeholders, with respect to--
       ``(i) identifying and certifying organizations as Health 
     Engagement Hubs for purposes of participating in the 
     demonstration program; and
       ``(ii) establishing a prospective payment system for 
     services provided by a certified Health Engagement Hub 
     participating in the demonstration program, in accordance 
     with the guidance issued under paragraph (2)(B).
       ``(D) Funding.--Out of any funds in the Treasury not 
     otherwise appropriated, there are appropriated to the 
     Secretary such sums as are necessary to carry out this 
     paragraph, to remain available until expended.
       ``(5) State demonstration programs.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subsection, the Secretary shall solicit 
     applications solely from the States awarded a planning grant 
     under paragraph (4) to participate in the demonstration 
     program.
       ``(B) Application requirements.--An application to 
     participate in the demonstration program shall include the 
     following:
       ``(i) A description of, including the estimated number of 
     individuals in, the target population to be served by the 
     State under the demonstration program.
       ``(ii) An assurance that at least \1/2\ of the Health 
     Engagement Hubs in the State shall be located in--

       ``(I) a county (or a municipality, if not contained within 
     any county) where the mean drug overdose death rate per 
     100,000 people over the past 3 years for which official data 
     is available from the State, is higher than the most recent 
     available national average overdose death rate per 100,000 
     people, as reported by the Centers for Disease Control and 
     Prevention; or
       ``(II) an area of the State that is designated under 
     section 332(a)(1)(A) of the Public Health Service Act as a 
     mental health professional shortage area.

       ``(iii) A description of the prospective payment system 
     that is to be tested under the demonstration program.
       ``(iv) A list of the certified Health Engagement Hubs 
     located in the State that will participate in the 
     demonstration program.
       ``(v) Verification that each such certified Health 
     Engagement Hub satisfies the requirements described in 
     paragraph (3)(A).
       ``(vi) A description of the scope of the services that will 
     be paid for under the prospective payment system (which 
     includes at a minimum the required services described in 
     paragraph (3)(B)(i)) that is to be tested under the 
     demonstration program.
       ``(vii) Verification that the State has agreed to pay for 
     such services at the at the rate established under the 
     prospective payment system.
       ``(viii) Any other information that the Secretary may 
     require relating to the demonstration program with respect to 
     determining the soundness of the proposed prospective payment 
     system.
       ``(C) Selection criteria.--
       ``(i) In general.--The Secretary shall select from among 
     the applications submitted at least 10 States to participate 
     in the demonstration program based on geographic and 
     demographic diversity.
       ``(ii) Priority.--In addition to the criteria specified in 
     clause (i), the Secretary shall prioritize selecting States 
     with the highest rates of opioid- or stimulant-involved 
     overdose death rates.
       ``(D) Length of demonstration programs.--A State selected 
     to participate in the demonstration program shall participate 
     in the program for a 2-year period.
       ``(E) Waiver of certain requirements.--The Secretary shall 
     waive section 1902(a)(1) (relating to statewideness), section 
     1902(a)(10)(B) (relating to comparability), and any other 
     provision of this title which would be directly contrary to 
     the authority under this subsection as may be necessary for a 
     State to participate in the demonstration program in 
     accordance with this paragraph.
       ``(F) Payments to states.--
       ``(i) In general.--The Secretary shall pay a State 
     participating in the demonstration program the Federal 
     matching percentage specified in clause (ii) for amounts 
     expended by the State for medical assistance for services 
     provided through certified Health Engagement Hubs to 
     individuals enrolled under the State plan (or under a waiver 
     of such plan) consisting of medications and drugs approved by 
     the Food and Drug Administration for treatment of opioid use 
     disorder and other substances, including stimulants, and the 
     services specified by the State in its application under 
     subparagraph (B)(vi), at the rate established under the 
     prospective payment system established by the State for 
     purposes of the demonstration program.
       ``(ii) Federal matching percentage.--The Federal matching 
     percentage specified in this clause is--

       ``(I) with respect to medical assistance described in 
     clause (i) that is furnished to a newly eligible individual 
     described in paragraph (2) of section 1905(y), the matching 
     rate applicable under paragraph (1) of that section; and
       ``(II) with respect to medical assistance described in 
     clause (i) that is furnished to an individual who is not a 
     newly eligible individual (as so described), but who is 
     eligible for medical assistance under the State plan under 
     this title or under a waiver of such

[[Page S4285]]

     plan, the enhanced FMAP applicable to the State under section 
     2105(b).

       ``(iii) Application.--Payments to States made under this 
     subparagraph shall be considered to have been made under, and 
     are subject to, the requirements of this section.
       ``(6) Reports.--
       ``(A) Annual state reports.--
       ``(i) In general.--Each State selected to participate in 
     the demonstration program under paragraph (5) shall submit an 
     annual report to the Secretary on the demonstration program 
     that includes the following:

       ``(I) An assessment of the extent to which Health 
     Engagement Hubs funded under the demonstration program have 
     increased access to treatment for opiate use disorder and 
     other drug use treatment, health services for individuals who 
     use drugs, and other social services under State plans under 
     this title or under waivers of such plans in the area or 
     areas of States targeted by the demonstration program 
     compared to other areas of the State.
       ``(II) An assessment on the impact of Health Engagement 
     Hubs on reducing opioid and stimulant overdose mortality 
     rates and the rate of adherence to prescribed medication for 
     opioid use, hospitalization rates, and housing status for the 
     population served by a Health Engagement Hub as compared to 
     populations that are not served by a Health Engagement Hub.
       ``(III) A description of the successes of the demonstration 
     program.
       ``(IV) Recommendations for improvements to the 
     demonstration program, including whether the demonstration 
     program should be continued, expanded, modified, or 
     terminated.

       ``(ii) Funding.--Out of any funds in the Treasury not 
     otherwise appropriated, there are appropriated such sums as 
     are necessary, to remain available until expended, for 
     purposes of making payments to States for expenditures 
     attributable to collecting and reporting the information 
     required under this subparagraph.
       ``(B) Reports to congress.--
       ``(i) In general.--The Secretary shall submit an annual 
     report to Congress that describes the information, findings, 
     and recommendations in the annual State reports submitted to 
     the Secretary under subparagraph (A).
       ``(ii) Implementation evaluation results.--The Secretary 
     shall include with the first 3 annual reports submitted by 
     the Secretary under this subparagraph the findings and 
     conclusions of the implementation evaluation required by 
     paragraph (7).
       ``(7) Implementation evaluation.--
       ``(A) In general.--The Secretary shall solicit public input 
     and fund an implementation evaluation of the planning grants 
     awarded under paragraph (4) and the initial set of States 
     selected for the demonstration program under paragraph (5) to 
     determine the reach, effectiveness, adoption, and 
     implementation of the demonstration program in each such 
     State to document the degree to which the services were 
     implemented as intended and allow for a complete assessment 
     of the impact of the Health Engagement Hubs in each such 
     State.
       ``(B) Requirements.--
       ``(i) Information.--The evaluation shall include 
     information on the characteristics of the individuals who 
     receive services, service utilization metrics over time 
     (including by staff role), and input from interviews with 
     such individuals and staff.
       ``(ii) Eligible entities.--In order to be eligible to 
     conduct the evaluation, an entity shall have documented 
     experience conducting implementation evaluations of health 
     and social services programs for individuals who use drugs.
       ``(C) Funding.--Out of any funds in the Treasury not 
     otherwise appropriated, there are appropriated to the 
     Secretary such sums as are necessary to carry out this 
     paragraph, to remain available until expended.''.
       (b) Government Accountability Office Report.--
       (1) In general.--Not later than 6 months after the 
     conclusion of the demonstration program established under 
     subsection (cc) of section 1903 of the Social Security Act 
     (42 U.S.C. 1396b), as added by subsection (a), the 
     Comptroller General of the United States shall conduct and 
     publish a comparative analysis on the impacts of the health 
     engagement hubs certified under such program (in this section 
     referred to as ``health engagement hubs'') compared to the 
     impacts of other opioid treatment programs and health care 
     organizations that offer behavioral health care or substance 
     use disorder services.
       (2) Content of analysis.--The analysis required under this 
     section shall include the following:
       (A) Data and information analyzing differences in rates 
     among individuals who receive behavioral health care or 
     substance use disorder services through a health engagement 
     hub and among individuals who receive such care or services 
     through a program or organization referred to in paragraph 
     (1) for each of the following factors:
       (i) Changes in rates of mortality.
       (ii) Changes in rates of recidivism.
       (iii) Rates of relapse.
       (iv) Rates of hospital and emergency department 
     utilization.
       (v) Frequency of visits for care or services.
       (vi) Rates of successful intervention through the 
     administration of buprenorphine or other medication approved 
     by the Food and Drug Administration for the treatment of 
     substance use disorder.
       (B) Data and information comparing the racial and 
     socioeconomic demographics, housing status, employment, and 
     other metrics, as recommended by the Secretary of Health and 
     Human Services, of the population groups that receive 
     behavioral health care or substance use disorder services 
     through a health engagement hub or through a program or 
     organization referred to in paragraph (1).
                                 ______
                                 
  SA 2084. Mr. KING (for himself and Mr. Cramer) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY 
                   PROGRAM.

       (a) High Technology Program.--
       (1) In general.--Chapter 36 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3699C. High technology program

       ``(a) Establishment.--(1) The Secretary shall carry out a 
     program under which the Secretary provides covered 
     individuals with the opportunity to enroll in high technology 
     programs of education that the Secretary determines provide 
     training or skills sought by employers in a relevant field or 
     industry.
       ``(2) Not more than 6,000 covered individuals may 
     participate in the program under this section in any fiscal 
     year.
       ``(b) Amount of Assistance.--(1) The Secretary shall 
     provide, to each covered individual who pursues a high 
     technology program of education under this section, 
     educational assistance in amounts equal to the amounts 
     provided under section 3313(c)(1) of this title, including 
     with respect to the housing stipend described in that section 
     and in accordance with the treatment of programs that are 
     distance learning and programs that are less than half-time.
       ``(2) Under paragraph (1), the Secretary shall provide such 
     amounts of educational assistance to a covered individual for 
     each of the following:
       ``(A) A high technology program of education.
       ``(B) A second such program if--
       ``(i) the second such program begins at least 18 months 
     after the covered individual graduates from the first such 
     program; and
       ``(ii) the covered individual uses educational assistance 
     under chapter 33 of this title to pursue the second such 
     program.
       ``(3) No covered individual may receive a housing stipend 
     under this subsection for any month if such individual is in 
     receipt of a housing stipend under chapter 33 of this title 
     for that month.
       ``(c) Contracts.--(1) For purposes of carrying out 
     subsection (a), the Secretary shall seek to enter into 
     contracts with any number of qualified providers of high 
     technology programs of education for the provision of such 
     programs to covered individuals. Each such contract shall 
     provide for the conditions under which the Secretary may 
     terminate the contract with the provider and the procedures 
     for providing for the graduation of students who were 
     enrolled in a program provided by such provider in the case 
     of such a termination.
       ``(2) A contract under this subsection shall provide that 
     the Secretary shall pay to a provider--
       ``(A) upon the enrollment of a covered individual in the 
     program, 25 percent of the cost of the tuition and other fees 
     for the program of education for the individual;
       ``(B) upon graduation of the individual from the program, 
     25 percent of such cost; and
       ``(C) 50 percent of such cost upon--
       ``(i) the successful employment of the covered individual 
     for a period--
       ``(I) of 180 days in the field of study of the program; and
       ``(II) that begins not later than 180 days following 
     graduation of the covered individual from the program;
       ``(ii) the employment of the individual by the provider for 
     a period of one year; or
       ``(iii) the enrollment of the individual in a program of 
     education to continue education in such field of study.
       ``(3) For purposes of this section, a provider of a high 
     technology program of education is qualified if--
       ``(A) the provider employs instructors whom the Secretary 
     determines are experts in their respective fields in 
     accordance with paragraph (5);
       ``(B) the provider has successfully provided the high 
     technology program for at least one year;
       ``(C) the provider does not charge tuition and fees to a 
     covered individual who receives assistance under this section 
     to pursue such program that are higher than the tuition and 
     fees charged by such provider to another individual; and
       ``(D) the provider meets the approval criteria developed by 
     the Secretary under paragraph (4).
       ``(4)(A) The Secretary shall prescribe criteria for 
     approving providers of a high technology program of education 
     under this section.

[[Page S4286]]

       ``(B) In developing such criteria, the Secretary may 
     consult with State approving agencies.
       ``(C) Such criteria are not required to meet the 
     requirements of section 3672 of this title.
       ``(D) Such criteria shall include the job placement rate, 
     in the field of study of a program of education, of covered 
     individuals who complete such program of education.
       ``(5) The Secretary shall determine whether instructors are 
     experts under paragraph (3)(A) based on evidence furnished to 
     the Secretary by the provider regarding the ability of the 
     instructors to--
       ``(A) identify professions in need of new employees to 
     hire, tailor the programs to meet market needs, and identify 
     the employers likely to hire graduates;
       ``(B) effectively teach the skills offered to covered 
     individuals;
       ``(C) provide relevant industry experience in the fields of 
     programs offered to incoming covered individuals; and
       ``(D) demonstrate relevant industry experience in such 
     fields of programs.
       ``(6) In entering into contracts under this subsection, the 
     Secretary shall give preference to a provider of a high 
     technology program of education--
       ``(A) from which at least 70 percent of graduates find 
     full-time employment in the field of study of the program 
     during the 180-day period beginning on the date the student 
     graduates from the program; or
       ``(B) that offers tuition reimbursement for any student who 
     graduates from such a program and does not find employment 
     described in subparagraph (A).
       ``(d) Effect on Other Entitlement.--(1) If a covered 
     individual enrolled in a high technology program of education 
     under this section has remaining entitlement to educational 
     assistance under chapter 30, 32, 33, 34, or 35 of this title, 
     entitlement of the individual to educational assistance under 
     this section shall be charged at the rate of one month of 
     such remaining entitlement for each such month of educational 
     assistance under this section.
       ``(2) If a covered individual enrolled in a high technology 
     program of education under this section does not have 
     remaining entitlement to educational assistance under chapter 
     30, 32, 33, 34, or 35 of this title, any educational 
     assistance provided to such individual under this section 
     shall be provided in addition to the entitlement that the 
     individual has used.
       ``(3) The Secretary may not consider enrollment in a high 
     technology program of education under this section to be 
     assistance under a provision of law referred to in section 
     3695 of this title.
       ``(4)(A) An application for enrollment in a high technology 
     program of education under this section shall include notice 
     of the requirements relating to use of entitlement under 
     paragraphs (1) and (2), including--
       ``(i) in the case of the enrollment of an individual 
     referred to under paragraph (1), the amount of entitlement 
     that is typically charged for such enrollment;
       ``(ii) an identification of any methods that may be 
     available for minimizing the amount of entitlement required 
     for such enrollment; and
       ``(iii) an element requiring applicants to acknowledge 
     receipt of the notice under this subparagraph.
       ``(B) If the Secretary approves the enrollment of a covered 
     individual in a high technology program of education under 
     this section, the Secretary shall deliver electronically to 
     the individual an award letter that provides notice of such 
     approval and includes specific information describing how 
     paragraphs (1) and (2) will be applied to the individual if 
     the individual chooses to enroll in the program.
       ``(e) Requirements for Educational Institutions.--(1) The 
     Secretary shall not approve the enrollment of any covered 
     individual, not already enrolled, in any high technology 
     programs of education under this section for any period 
     during which the Secretary finds that more than 85 percent of 
     the students enrolled in the program are having all or part 
     of their tuition, fees, or other charges paid to or for them 
     by the educational institution or by the Department of 
     Veterans Affairs under this title or under chapter 1606 or 
     1607 of title 10, except with respect to tuition, fees, or 
     other charges that are paid under a payment plan at an 
     educational institution that the Secretary determines has a 
     history of offering payment plans that are completed not 
     later than 180 days after the end of the applicable term, 
     quarter, or semester.
       ``(2) The Secretary may waive a requirement of paragraph 
     (1) if the Secretary determines, pursuant to regulations 
     which the Secretary shall prescribe, such waiver to be in the 
     interest of the covered individual and the Federal 
     Government. Not later than 30 days after the Secretary waives 
     such a requirement, the Secretary shall submit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives a report regarding such waiver.
       ``(3)(A)(i) The Secretary shall establish and maintain a 
     process by which an educational institution may request a 
     review of a determination that the educational institution 
     does not meet the requirements of paragraph (1).
       ``(ii) The Secretary may consult with a State approving 
     agency regarding such process or such a review.
       ``(iii) Not later than 180 days after the Secretary 
     establishes or revises a process under this subparagraph, the 
     Secretary shall submit to the Committees on Veterans' Affairs 
     of the Senate and House of Representatives a report regarding 
     such process.
       ``(B) An educational institution that requests a review 
     under subparagraph (A)--
       ``(i) shall request the review not later than 30 days after 
     the start of the term, quarter, or semester for which the 
     determination described in subparagraph (A) applies; and
       ``(ii) may include any information that the educational 
     institution believes the Department should have taken into 
     account when making the determination, including with respect 
     to any mitigating circumstances.
       ``(f) Annual Reports.--Not later than one year after the 
     date of the enactment of this section, and annually 
     thereafter until the termination date specified in subsection 
     (i), the Secretary shall submit to the Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives a report on the operation of 
     programs under this section during the year covered by the 
     report. Each such report shall include each of the following:
       ``(1) The number of covered individuals enrolled in the 
     program, disaggregated by type of educational institution, 
     during the year covered by the report.
       ``(2) The number of covered individuals who completed a 
     high technology program of education under the program during 
     the year covered by the report.
       ``(3) The average employment rate of covered individuals 
     who completed such a program of education during such year, 
     as of 180 days after the date of completion.
       ``(4) The average length of time between the completion of 
     such a program of education and employment.
       ``(5) The total number of covered individuals who completed 
     a program of education under the program and who, as of the 
     date of the submission of the report, are employed in a 
     position related to technology.
       ``(6) The average salary of a covered individual who 
     completed a program of education under the program and who is 
     employed in a position related to technology, in various 
     geographic areas determined by the Secretary.
       ``(7) The average salary of all individuals employed in 
     positions related to technology in the geographic areas 
     determined under subparagraph (F), and the difference, if 
     any, between such average salary and the average salary of a 
     covered individual who completed a program of education under 
     the program and who is employed in a position related to 
     technology.
       ``(8) The number of covered individuals who completed a 
     program of education under the program and who subsequently 
     enrolled in a second program of education under the program.
       ``(g) Collection of Information; Consultation.--(1) The 
     Secretary shall develop practices to use to collect 
     information about covered individuals and providers of high 
     technology programs of education.
       ``(2) For the purpose of carrying out program under this 
     section, the Secretary may consult with providers of high 
     technology programs of education and may establish an 
     advisory group made up of representatives of such providers, 
     private employers in the technology field, and other relevant 
     groups or entities, as the Secretary determines necessary.
       ``(h) Definitions.--In this section:
       ``(1) The term `covered individual' means any of the 
     following:
       ``(A) A veteran whom the Secretary determines--
       ``(i) served an aggregate of at least 36 months on active 
     duty in the Armed Forces (including service on active duty in 
     entry level and skill training) and was discharged or 
     released therefrom under conditions other than dishonorable; 
     and
       ``(ii) has not attained the age of 62.
       ``(B) A member of the Armed Forces that the Secretary 
     determines will become a veteran described in subparagraph 
     (A) fewer than 180 days after the date of such determination.
       ``(2) The term `high technology program of education' means 
     a program of education--
       ``(A) offered by a public or private educational 
     institution;
       ``(B) if offered by an institution of higher learning, that 
     is provided directly by such institution rather than by an 
     entity other than such institution under a contract or other 
     agreement;
       ``(C) that does not lead to a degree;
       ``(D) that has a term of not less than six and not more 
     than 28 weeks; and
       ``(E) that provides instruction in computer programming, 
     computer software, media application, data processing, or 
     information sciences.
       ``(i) Termination.--The authority to carry out a program 
     under this section shall terminate on September 30, 2028.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 3699B the following new item:

``3699C. High technology program.''.
       (b) Effect on High Technology Pilot Program.--Section 116 
     of the Harry W. Colmery Veterans Educational Assistance Act 
     of 2017 (Public Law 115-48; 38 U.S.C. 3001 note) is amended--
       (1) by amending subsection (d) to read as follows:
       ``(d) Housing Stipend.--
       ``(1) In general.--Except as provided under paragraph (2), 
     the Secretary shall pay to each eligible veteran (not 
     including an individual described in the second sentence of

[[Page S4287]]

     subsection (b)) who is enrolled in a high technology program 
     of education under the pilot program on a full-time or part-
     time basis a monthly housing stipend equal to the product--
       ``(A) of--
       ``(i) in the case of a veteran pursuing resident training, 
     the monthly amount of the basic allowance for housing payable 
     under section 403 of title 37, United States Code, for a 
     member with dependents in pay grade E-5 residing in the 
     military housing area that encompasses all or the majority 
     portion of the ZIP code area in which is located the campus 
     of the institution where the individual physically 
     participates in a majority of classes; or
       ``(ii) in the case of a veteran pursuing a program of 
     education through distance learning, a monthly amount equal 
     to 50 percent of the national average of the monthly amount 
     of the basic allowance for housing payable under section 403 
     of title 37, United States Code, for a member with dependents 
     in pay grade E-5, multiplied by
       ``(B) the lesser of--
       ``(i) 1.0; or
       ``(ii) the number of course hours borne by the individual 
     in pursuit of the program of education involved, divided by 
     the minimum number of course hours required for full-time 
     pursuit of such program of education, rounded to the nearest 
     multiple of 10.
       ``(2) Bar to dual eligibility.--No covered individual may 
     receive a housing stipend under this subsection for any month 
     if such individual is in receipt of a housing stipend under 
     chapter 33 ot title 38, United States Code, for that 
     month.'';
       (2) in subsection (g), by striking paragraph (6); and
       (3) by striking subsection (h) and inserting the following 
     new subsection (h):
       ``(h) Termination.--The authority to carry out a pilot 
     program under this section shall terminate on September 30, 
     2023.''.
       (c) Approval of Certain High Technology Programs.--Section 
     3680A of title 38, United States Code, is amended--
       (1) in subsection (a), by striking paragraph (4) and 
     inserting the following:
       ``(4) Any independent study program except--
       ``(A) an independent study program (including such a 
     program taken over open circuit television) that--
       ``(i) is accredited by an accrediting agency or association 
     recognized by the Secretary of Education under subpart 2 of 
     part H of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1099b);
       ``(ii) leads to--

       ``(I) a standard college degree;
       ``(II) a certificate that reflects educational attainment 
     offered by an institution of higher learning; or
       ``(III) a certificate that reflects graduation from a 
     course of study offered by--

       ``(aa) an area career and technical education school (as 
     defined in subparagraphs (C) and (D) of section 3(3) of the 
     Carl D. Perkins Career and Technical Education Act of 2006 
     (20 U.S.C. 2302(3))) that provides education at the 
     postsecondary level; or
       ``(bb) a postsecondary vocational institution (as defined 
     in section 102(c) of the Higher Education Act of 1965 (20 
     U.S.C. 1002(c))) that provides education at the postsecondary 
     level; and
       ``(iii) in the case of a program described in clause 
     (ii)(III)--

       ``(I) provides training aligned with the requirements of 
     employers in the State or local area where the program is 
     located, which may include in-demand industry sectors or 
     occupations;
       ``(II) provides a student, upon graduation from the 
     program, with a recognized postsecondary credential that is 
     recognized by employers in the relevant industry, which may 
     include a credential recognized by industry or sector 
     partnerships in the State or local area where the industry is 
     located; and
       ``(III) meets such content and instructional standards as 
     may be required to comply with the criteria under sections 
     3676(c)(14) and (15) of this title; or

       ``(B) an online high technology program of education (as 
     defined in subsection (h)(2) of section 3699C of this 
     title)--
       ``(i) the provider of which has entered into a contract 
     with the Secretary under subsection (c) of such section;
       ``(ii) that has been provided to covered individuals (as 
     defined in subsection (h)(1) of such section) under such 
     contract for a period of at least five years;
       ``(iii) regarding which the Secretary has determined that 
     the average employment rate of covered individuals who 
     graduated from such program of education is 65 percent or 
     higher for the year preceding such determination; and
       ``(iv) that satisfies the requirements of subsection (e) of 
     such section.''; and
       (2) in subsection (d), by adding at the end the following:
       ``(8) Paragraph (1) shall not apply to the enrollment of a 
     veteran in an online high technology program described in 
     subsection (a)(4)(B).''.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (c) shall take effect on the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 2085. Mr. SULLIVAN (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                      Subtitle I--FISH Act of 2024

     SEC. 1096. SHORT TITLE.

       This subtitle may be cited as the ``Fighting Foreign 
     Illegal Seafood Harvests Act of 2024'' or the ``FISH Act of 
     2024''.

     SEC. 1096A. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--Unless otherwise provided, the term 
     ``Administrator'' means the Administrator of the National 
     Oceanic and Atmospheric Administration or the designee of the 
     Administrator.
       (2) Beneficial owner.--The term ``beneficial owner'' means, 
     with respect to a vessel, a person that, directly or 
     indirectly, through any contract, arrangement, understanding, 
     relationship, or otherwise--
       (A) exercises substantial control over the vessel; or
       (B) owns not less than 50 percent of the ownership 
     interests in the vessel.
       (3) Fish.--The term ``fish'' means finfish, crustaceans, 
     and mollusks.
       (4) Forced labor.--The term ``forced labor'' has the 
     meaning given that term in section 307 of the Tariff Act of 
     1930 (19 U.S.C. 1307).
       (5) IUU fishing.--The term ``IUU fishing'' has the meaning 
     given the term ``illegal, unreported, or unregulated 
     fishing'' in the implementing regulations or any subsequent 
     regulations issued pursuant to section 609(e) of the High 
     Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(e)).
       (6) Regional fisheries management organization.--The terms 
     ``regional fisheries management organization'' and ``RFMO'' 
     have the meaning given the terms in section 303 of the Port 
     State Measures Agreement Act of 2015 (16 U.S.C. 7402).
       (7) Seafood.--The term ``seafood'' means fish, shellfish, 
     processed fish, fish meal, shellfish products, and all other 
     forms of marine animal and plant life other than marine 
     mammals and birds.
       (8) Secretary.--Unless otherwise provided, the term 
     ``Secretary'' means the Secretary of Commerce acting through 
     the Administrator of the National Oceanic and Atmospheric 
     Administration or the designee of the Administrator.

     SEC. 1096B. STATEMENT OF POLICY.

       It is the policy of the United States to partner, consult, 
     and coordinate with foreign governments (at the national and 
     subnational levels), civil society, international 
     organizations, international financial institutions, 
     subnational coastal communities, commercial and recreational 
     fishing industry leaders, communities that engage in 
     artisanal or subsistence fishing, fishers, and the private 
     sector, in a concerted effort--
       (1) to continue the broad effort across the Federal 
     Government to counter IUU fishing, including any potential 
     links to forced labor, human trafficking, and other threats 
     to maritime security, as outlined in sections 3533 and 3534 
     of the Maritime SAFE Act (16 U.S.C. 8002 and 8003); and
       (2) to, additionally--
       (A) prioritize efforts to prevent IUU fishing at its 
     sources; and
       (B) support continued implementation of the Central Arctic 
     Ocean Fisheries agreement, as well as joint research and 
     follow-on actions that ensure sustainability of fish stocks 
     in Arctic international waters.

     SEC. 1096C. ESTABLISHMENT OF A BLACK LIST.

       Section 608 of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826i) is amended by striking 
     subsections (c) and (d) and inserting the following:
       ``(c) Black List (IUU Vessel List).--
       ``(1) In general.--The Secretary, in coordination with the 
     Secretary of State, the Commissioner of U.S. Customs and 
     Border Protection, and the Secretary of Labor, shall develop, 
     maintain, and make public a list of vessels, fleets, and 
     beneficial owners of vessels or fleets engaged in IUU fishing 
     or fishing-related activities in support of IUU fishing 
     (referred to in this section as the `IUU vessel list').
       ``(2) Inclusion on list.--The IUU vessel list shall include 
     any vessel, fleet, or beneficial owner of a vessel or fleet 
     for which the Secretary determines there is a strong basis to 
     believe that a vessel is any of the following (even if the 
     Secretary has only partial information regarding the vessel):
       ``(A) A vessel listed on an IUU vessel list of an 
     international fishery management organization.
       ``(B) A vessel taking part in fishing that undermines the 
     effectiveness of an international fishery management 
     organization's conservation and management measures, 
     including a foreign vessel (defined in section 110 of title 
     46, United States Code)--
       ``(i) exceeding applicable international fishery management 
     organization catch limits; or
       ``(ii) that is operating inconsistent with relevant catch 
     allocation arrangements of the international fishery 
     management organization, even if operating under the 
     authority of a foreign country that is not a member of the 
     international fishery management organization.
       ``(C) A vessel, either on the high seas or in the exclusive 
     economic zone of another country, identified and reported by 
     United States authorities to an international fishery 
     management organization to be conducting IUU

[[Page S4288]]

     fishing when the United States has reason to believe the 
     foreign country to which the vessel is registered or 
     documented is not addressing the allegation.
       ``(D) A vessel, fleet, or beneficial owner of a vessel or 
     fleet on the high seas identified by United States 
     authorities to be conducting IUU fishing or fishing that 
     involves the use of forced labor, including individuals and 
     entities subject to a withhold release order issued by U.S. 
     Customs and Border Protection pursuant to section 307 of the 
     Tariff Act of 1930 (19 U.S.C. 1307) or any other U.S. Customs 
     and Border Protection enforcement action, sanctions imposed 
     by the Department of the Treasury under the Global Magnitsky 
     Human Rights Accountability Act (22 U.S.C. 10101 et seq.), or 
     any other United States Government forced labor prevention or 
     enforcement action that has not been subsequently revoked.
       ``(E) A vessel that provides services (excluding emergency 
     or enforcement services) to a vessel that is on the IUU 
     vessel list, including transshipment, resupply, refueling, or 
     pilotage.
       ``(F) A foreign vessel (defined in section 110 of title 46, 
     United States Code) that is a fishing vessel engaged in 
     commercial fishing within the exclusive economic zone of the 
     United States without a permit issued under title II of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1821 et seq.).
       ``(G) A vessel that has the same beneficial owner as a 
     vessel on the IUU vessel list at the time of the infraction.
       ``(H) A vessel or beneficial owner of a vessel subject to 
     economic sanctions administered by the Department of the 
     Treasury Office of Foreign Assets Control for transnational 
     criminal activity associated with IUU fishing under Executive 
     Order 13581 (76 Fed. Reg. 44757, 84 Fed. Reg. 10255; relating 
     to blocking property of transnational criminal 
     organizations), or any other applicable economic sanctions 
     program, including sanctions imposed by the Department of the 
     Treasury under the Global Magnitsky Human Rights 
     Accountability Act (22 U.S.C. 10101 et seq.).
       ``(3) Nominations to be put on the black list.--The 
     Secretary shall accept nominations for putting a vessel on 
     the IUU vessel list from--
       ``(A) the head of an executive branch agency that is a 
     member of the Interagency Working Group on IUU Fishing 
     established under section 3551 of the Maritime SAFE Act (16 
     U.S.C. 8031);
       ``(B) a country that is a member of the Combined Maritime 
     Forces; or
       ``(C) civil organizations that have data-sharing agreements 
     with a member of the Interagency Working Group on IUU 
     Fishing.
       ``(4) Procedures for addition.--The Secretary may put a 
     vessel on the IUU vessel list only after notification to the 
     vessel's beneficial owner and a review of any information 
     that the owner provides within 90 days of the notification.
       ``(5) Public information.--The Secretary shall publish its 
     procedures for adding vessels on, and removing vessels from, 
     the IUU vessel list. The Secretary shall publish the IUU 
     vessel list itself in the Federal Register annually and on a 
     website, which shall be updated any time a vessel is added to 
     the IUU vessel list, and include the following information 
     (as much as is available and confirmed) for each vessel on 
     the IUU vessel list:
       ``(A) The name of the vessel and previous names of the 
     vessel.
       ``(B) The International Maritime Organization (IMO) number 
     of the vessel, or other Unique Vessel Identifier (such as the 
     flag state permit number or authorized vessel number issued 
     by an international fishery management organization).
       ``(C) The maritime mobile service identity number and call 
     sign of the vessel.
       ``(D) The address of each beneficial owner of the vessel.
       ``(E) The country where the vessel is registered or 
     documented, and where it was previously registered if known.
       ``(F) The date of inclusion on the IUU vessel list of the 
     vessel.
       ``(G) An indication of whether the vessel is part of the 
     Food and Agriculture Organization's global record.
       ``(H) Any other identifying information on the vessel, as 
     determined appropriate by the Secretary.
       ``(I) The basis for the Secretary's inclusion of the vessel 
     on the IUU vessel list under paragraph (2).
       ``(d) Consequences of Being on Black List.--
       ``(1) In general.--Except for the purposes of inspection 
     and enforcement or in case of force majeure, a vessel on the 
     IUU vessel list is prohibited from--
       ``(A) accessing United States ports and using port 
     services;
       ``(B) traveling through the United States territorial sea 
     unless it is conducting innocent passage in accordance with 
     customary international law; and
       ``(C) delivering or receiving supplies or services, or 
     transshipment, within waters subject to the jurisdiction of 
     the United States, unless such actions are in accordance with 
     customary international law.
       ``(2) Servicing prohibited.--No vessel of the United States 
     may service a vessel that is on the IUU vessel list, except 
     in an emergency involving life and safety or to facilitate 
     enforcement.
       ``(3) Imports prohibited.--The import of seafood or seafood 
     products caught, processed, or transported by vessels on the 
     IUU vessel list is prohibited and shall be subject to the 
     enforcement provisions of section 606.
       ``(e) Enforcement of Black List.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     vessel of the United States on the IUU vessel list and the 
     cargo of such vessel shall be subject to seizure and 
     forfeiture to the United States in the same manner as 
     merchandise is forfeited for violation of the customs revenue 
     laws.
       ``(2) Exception.--The cargo of seafood of a vessel of the 
     United States on the IUU vessel list shall not be subject to 
     seizure and forfeiture to the United States if the cargo of 
     seafood is in the possession of an importer who has paid for 
     the cargo of seafood and did not know, or did not have any 
     reason to know, that the seafood was the product of IUU 
     fishing.
       ``(f) Permanency of Black List.--
       ``(1) In general.--Except as provided in paragraphs (2) 
     through (4), a vessel, fleet, or beneficial owner of a vessel 
     or fleet that is put on the IUU vessel list shall remain on 
     the IUU vessel list.
       ``(2) Revocation of wro.--The Secretary shall remove a 
     vessel or fleet from the IUU vessel list if the vessel was 
     added to the IUU vessel list because it was found by U.S. 
     Customs and Border Protection to have had a withhold release 
     order issued pursuant to section 307 of the Tariff Act of 
     1930 (19 U.S.C. 1307) and the withhold release order was 
     subsequently revoked.
       ``(3) Application by owner for potential removal.--
       ``(A) In general.--With the concurrence of the Secretary of 
     State and consultation with U.S. Customs and Border 
     Protection, the Secretary may remove a vessel, fleet, or 
     beneficial owner of a vessel or fleet from the IUU vessel 
     list if the beneficial owner of the vessel submits an 
     application for removal to the Secretary that meets the 
     standards that the Secretary has set out for removal.
       ``(B) Standards.--The Secretary shall include in the 
     standards set out for removal a determination that the vessel 
     or vessel owner has not engaged in IUU fishing or forced 
     labor during the 5-year period preceding the date of the 
     application for removal. The Secretary, in consultation with 
     the Secretary of State and the U.S. Customs and Border 
     Protection, shall determine whether each application for 
     removal demonstrates that sufficient corrective action has 
     been taken to remediate the violations and infractions that 
     led to the inclusion on the IUU vessel list.
       ``(C) Consideration of relevant information.--In 
     considering an application for removal, the Secretary shall 
     consider relevant information from all sources.
       ``(4) Removal due to international fishery management 
     organization action.--The Secretary may remove a vessel from 
     the IUU vessel list if the vessel was put on the list because 
     it was a vessel listed on an IUU vessel list of an 
     international fishery management organization, pursuant to 
     subsection (c)(2)(A), and the international fishery 
     management organization removed the vessel from its IUU 
     vessel list.
       ``(g) Regulations and Process.--Not later than 12 months 
     after the date of enactment of the Fighting Foreign Illegal 
     Seafood Harvests Act of 2024, the Secretary shall issue 
     regulations to set a process for establishing, maintaining, 
     implementing, and publishing the IUU vessel list. The 
     Administrator may add or remove a vessel, fleet, or 
     beneficial owner of a vessel or fleet from the IUU vessel 
     list on the date the vessel becomes eligible for such 
     addition or removal.
       ``(h) Definitions.--In this section:
       ``(1) Administrator.--Unless otherwise provided, the term 
     `Administrator' means the Administrator of the National 
     Oceanic and Atmospheric Administration or the designee of the 
     Administrator.
       ``(2) Beneficial owner.--The term `beneficial owner' means, 
     with respect to a vessel, a person that, directly or 
     indirectly, through any contract, arrangement, understanding, 
     relationship, or otherwise--
       ``(A) exercises substantial control over the vessel; or
       ``(B) owns not less than 50 percent of the ownership 
     interests in the vessel.
       ``(3) Forced labor.--The term `forced labor' has the 
     meaning given that term in section 307 of the Tariff Act of 
     1930 (19 U.S.C. 1307).
       ``(4) International fishery management organization.--The 
     term `international fishery management organization' means an 
     international organization established by any bilateral or 
     multilateral treaty, convention, or agreement for the 
     conservation and management of fish.
       ``(5) IUU fishing.--The term `IUU fishing' has the meaning 
     given the term `illegal, unreported, or unregulated fishing' 
     in the implementing regulations or any subsequent regulations 
     issued pursuant to section 609(e).
       ``(6) Seafood.--The term `seafood' means fish, shellfish, 
     processed fish, fish meal, shellfish products, and all other 
     forms of marine animal and plant life other than marine 
     mammals and birds.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Department of Commerce 
     to carry out this section $20,000,000 for each of fiscal 
     years 2025 through 2030.''.

     SEC. 1096D. IMPOSITION OF SANCTIONS.

       (a) Authorization for Sanctions.--The Secretary of the 
     Treasury may impose the measures described in subsection (b) 
     with respect to--

[[Page S4289]]

       (1) any foreign person or foreign vessel, regardless of 
     ownership, that the Secretary of the Treasury determines has 
     participated in--
       (A) the sale, supply, purchase, or transfer (including 
     transportation) of a fish species that is an endangered 
     species, as defined in section of the Endangered Species Act 
     of 1973 (16 U.S.C. 1532), directly or indirectly; or
       (B) IUU fishing;
       (2) a leader or official of an entity that has engaged in, 
     or whose members have engaged in, any of the activities 
     described in paragraph (1);
       (3) an entity determined to have owned, operated, 
     chartered, or controlled a vessel whose personnel are engaged 
     in the activities described in paragraph (1) at a time period 
     relating to the activities;
       (4) an entity that commits any action described in section 
     608(c) of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826i) as a basis to be put on the 
     IUU vessel list under such section; and
       (5) an entity that has materially assisted, sponsored, or 
     provided financial, material, or technological support for, 
     or goods or services in support of, a foreign person or 
     foreign vessel described in paragraph (1).
       (b) Sanctions Described.--The sanctions to be imposed under 
     subsection (a) are the following:
       (1) Blocking of property.--Notwithstanding section 202 of 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701), the exercise of all powers granted to the President by 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.) to the extent necessary to block and prohibit 
     all transactions in all property and interests in property of 
     a foreign person or entity described in subsection (a) 
     including, to the extent appropriate, the vessel of which the 
     person is the beneficial owner, if such property and 
     interests in property are in the United States, come within 
     the United States, or are or come within the possession or 
     control of a United States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--A foreign person 
     described in subsection (a) is--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry documentation of a 
     foreign person described in subsection (a) shall be revoked, 
     regardless of when such visa or other entry documentation is 
     or was issued.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall, in accordance with section 221(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1201(i))--

       (I) take effect; and
       (II) cancel any other valid visa or entry documentation 
     that is in the person's possession.

       (c) 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 this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (d) National Interest Waiver.--The President may waive the 
     imposition of sanctions under this section with respect to a 
     foreign person or entity.
       (e) Exceptions.--
       (1) Exceptions for authorized intelligence and law 
     enforcement activities.--This section shall not apply with 
     respect to activities subject to the reporting requirements 
     under title V of the National Security Act of 1947 (50 U.S.C. 
     3091 et seq.) or any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (2) Exception to comply with international agreements.--
     Sanctions under subsection (b)(2) shall not apply with 
     respect to the admission of an alien to the United States if 
     such admission is necessary to comply with the obligations of 
     the United States under 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 the 
     Convention on Consular Relations, done at Vienna April 24, 
     1963, and entered into force March 19, 1967, or other 
     international obligations.
       (3) Exception for safety of vessels and crew.--Sanctions 
     under this section shall not apply with respect to a person 
     or entity providing provisions to a vessel identified under 
     section 608(c) of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826i) if such provisions are 
     intended for the safety and care of the crew aboard the 
     vessel, or the maintenance of the vessel to avoid any 
     environmental or other significant damage.
       (4) Humanitarian exception.--The President may not impose 
     sanctions under this section with respect to any person or 
     entity for conducting or facilitating a transaction for the 
     sale of agricultural commodities, food, medicine, or medical 
     devices or for the provision of humanitarian assistance.
       (f) Rulemaking.--
       (1) In general.--The President is authorized to promulgate 
     such rules and regulations as may be necessary to carry out 
     the provisions of this section (which may include regulatory 
     exceptions), including under section 205 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1704).
       (2) Rule of construction.--Nothing in this section, or in 
     any amendment made by this section, may be construed to limit 
     the authority of the President pursuant to the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
       (g) Definitions.--In this section:
       (1) Admission; admitted; alien; lawfully admitted for 
     permanent residence.--The terms ``admission'', ``admitted'', 
     ``alien'', and ``lawfully admitted for permanent residence'' 
     have the meanings given those terms in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

     SEC. 1096E. AGREEMENTS.

       (a) Presidential Negotiation.--In negotiating any relevant 
     agreement with a foreign nation or nations after the date of 
     enactment of this Act, the President is encouraged to 
     consider the impacts on or to IUU fishing and forced labor 
     and strive to ensure that the agreement strengthens efforts 
     to combat IUU fishing and forced labor.
       (b) Secretary of State Encouragement.--Together with other 
     government partners, if appropriate, the Secretary of State 
     should encourage other nations to ratify treaties and 
     agreements that address IUU fishing to which the United 
     States is a party, including the UN Fish Stocks Agreement, 
     the High Seas Fishing Compliance Agreement, the Port State 
     Measures Agreement, and other applicable agreements, and 
     pursue bilateral and multilateral initiatives to raise 
     international ambition to combat IUU fishing, including in 
     the G7 and G20, the United Nations, the International Labor 
     Organization (ILO), and the International Maritime 
     Organization (IMO), and through voluntary multilateral 
     efforts. The bilateral and multilateral initiatives should 
     address underlying drivers of IUU fishing and forced labor, 
     such as the practice of transshipment, flags of convenience 
     vessels, and government subsidies of the distant water 
     fishing industry.

     SEC. 1096F. ENFORCEMENT PROVISIONS.

       (a) Increase Boarding of Vessels Suspected of IUU 
     Fishing.--The Commandant of the Coast Guard shall strive, in 
     accordance with the UN Fish Stocks Agreement, to increase, 
     from year to year, its observation of vessels on the high 
     seas that are suspected of IUU fishing and related harmful 
     practices, and is encouraged to consider boarding these 
     vessels to the greatest extent practicable.
       (b) Follow up.--The Administrator shall, in consultation 
     with the Commandant of the Coast Guard and the Secretary of 
     State, coordinate regularly with regional fisheries 
     management organizations to determine what corrective 
     measures each country has taken after vessels that are 
     registered or documented by the country have been boarded for 
     suspected IUU fishing.
       (c) Report.--Not later than 3 years after the date of 
     enactment of this Act and in accordance with information 
     management rules of the relevant regional fisheries 
     management organizations, the Commandant of the Coast Guard 
     shall submit a report to Congress on--
       (1) the total number of bilateral agreements utilized or 
     enacted during Coast Guard counter-IUU patrols and future 
     patrol plans for operations with partner nations where 
     bilateral agreements are required to effectively execute the 
     counter-IUU mission and any changes to IUU provisions in 
     bilateral agreements;
       (2) incidents of IUU fishing observed while conducting High 
     Seas Boarding and Inspections (HSBI), how the conduct is 
     tracked after referral to the respective country where the 
     vessel is registered or documented, and what actions are 
     taken to document or otherwise act on the enforcement, or 
     lack thereof, taken by the country;
       (3) the country where the vessel is registered or 
     documented, the country where the vessel was previously 
     registered and documented if known, and status of a vessel 
     interdicted or observed to be engaged in IUU fishing on the 
     high seas by the Coast Guard;
       (4) incident details on vessels observed to be engaged in 
     IUU fishing on the high seas, boarding refusals, and what 
     action was taken; and
       (5) any other potential enforcement actions that could 
     decrease IUU fishing on the high seas.

     SEC. 1096G. IMPROVED MANAGEMENT AT THE REGIONAL FISHERIES 
                   MANAGEMENT ORGANIZATIONS.

       (a) Interagency Working Group on IUU Fishing.--Section 
     3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c)) is 
     amended--

[[Page S4290]]

       (1) in paragraph (13), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (14), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(15) developing a strategy for leveraging enforcement 
     capacity against IUU fishing, particularly focusing on 
     nations identified under section 609(a) of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(a)); and
       ``(16) developing a strategy for leveraging enforcement 
     capacity against associated abuses, such as forced labor and 
     other illegal labor practices, and increasing enforcement and 
     other actions across relevant import control and assessment 
     programs, using as resources--
       ``(A) the List of Goods Produced by Child Labor or Forced 
     Labor produced pursuant to section 105 of the Trafficking 
     Victims Protection Reauthorization Act of 2005 (22 U.S.C. 
     7112);
       ``(B) the Trafficking in Persons Report required under 
     section 110 of the Trafficking Victims Protection Act of 2000 
     (22 U.S.C. 7107); and
       ``(C) United States Customs and Border Protection's Forced 
     Labor Division and enforcement activities and regulations 
     authorized under section 307 of the Tariff Act of 1930 (19 
     U.S.C. 1307).''.
       (b) Secretary of State Identification.--The Secretary of 
     State, in coordination with the Commandant of the Coast Guard 
     and the Administrator, shall--
       (1) identify regional fisheries management organizations 
     that the United States is party to that do not have a high 
     seas boarding and inspection program; and
       (2) identify obstacles, needed authorities, or existing 
     efforts to increase implementation of these programs, and 
     take action as appropriate.

     SEC. 1096H. STRATEGIES TO OPTIMIZE DATA COLLECTION, SHARING, 
                   AND ANALYSIS.

       Section 3552 of the Maritime SAFE Act (16 U.S.C. 8032) is 
     amended by adding at the end:
       ``(c) Strategies to Optimize Data Collection, Sharing, and 
     Analysis.--Not later than 3 years after the publication of 
     the strategic plan submitted under subsection (a), the 
     Working Group shall identify information and resources to 
     prevent fish and fish products from IUU fishing and forced 
     labor from entering United States commerce without increasing 
     burden or trade barriers on seafood not produced from IUU 
     fishing. The report shall include the following:
       ``(1) Identification of relevant data streams collected by 
     Working Group members.
       ``(2) Identification of legal, jurisdictional, or other 
     barriers to the sharing of such data.
       ``(3) In consultation with the Secretary of Defense, 
     recommendations for joint enforcement protocols, 
     collaboration, and information sharing between Federal 
     agencies and States.
       ``(4) Recommendations for sharing and developing forensic 
     resources between Federal agencies and States.
       ``(5) Recommendations for enhancing capacity for United 
     States Customs and Border Protection and National Oceanic and 
     Atmospheric Administration to conduct more effective field 
     investigations and enforcement efforts with U.S. state 
     enforcement officials.
       ``(6) Recommendations for improving data collection and 
     automated risk-targeting of seafood imports within the United 
     States' International Trade Data System and Automated 
     Commercial Environment.
       ``(7) Recommendations for the dissemination of IUU fishing 
     and forced labor analysis and information to those 
     governmental and non-governmental entities that could use it 
     for action and awareness, with the aim to establish an IUU 
     fishing information sharing center.
       ``(8) Recommendations for an implementation strategy, 
     including measures for ensuring that trade in seafood not 
     linked to IUU fishing and forced labor is not impeded.
       ``(9) An analysis of the IUU fishing policies and 
     regulatory regimes of other countries in order to develop 
     policy and regulatory alternatives for United States 
     consideration.''.

     SEC. 1096I. INVESTMENT AND TECHNICAL ASSISTANCE IN THE 
                   FISHERIES SECTOR.

       (a) In General.--The Secretary of State, the Administrator 
     of the United States Agency for International Development, 
     and the Secretary of Commerce, in consultation with the heads 
     of relevant agencies, the Millennium Challenge Corporation, 
     and multilateral institutions such as the World Bank, are 
     encouraged to increase support to programs that provide 
     technical assistance, institutional capacity, and investment 
     to nations' fisheries sectors for sustainable fisheries 
     management and combating IUU fishing and forced labor. The 
     focus of such support is encouraged to be on priority regions 
     and priority flag states identified under section 3552(b) of 
     the Maritime SAFE Act (16 U.S.C. 8032(b)).
       (b) Analysis of US Capacity-building Expertise and 
     Resources.--In order to maximize efforts on preventing IUU 
     fishing at its sources, the Interagency Working Group on IUU 
     Fishing established under section 3551 of the Maritime SAFE 
     Act (16 U.S.C. 8031) shall analyze United States capacity-
     building expertise and resources to provide support to 
     nations' fisheries sectors. This analysis may include an 
     assessment of potential avenues for in-country public-private 
     collaboration and multilateral collaboration on developing 
     local fisheries science, fisheries management, maritime 
     enforcement, and maritime judicial capabilities.

     SEC. 1096J. PREVENTING IMPORTATION OF SEAFOOD AND SEAFOOD 
                   PRODUCTS FROM FOREIGN VESSELS USING FORCED 
                   LABOR.

       The Commissioner of U.S. Customs and Border Protection, in 
     coordination with the Secretary shall--
       (1) develop a strategy for utilizing relevant United States 
     Government data to identify imports of seafood harvested on 
     foreign vessels using forced labor; and
       (2) publish information regarding the strategy developed 
     under paragraph (1) on the website of U.S. Customs and Border 
     Protection.

     SEC. 1096K. REPORTS.

       (a) Impact of New Technology.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary of Homeland 
     Security, in coordination with the Administrator and the 
     Working Group established under section 3551 of the Maritime 
     SAFE Act (16 U.S.C. 8031), shall conduct a study to assess 
     the impact of new technology (such as remote observing, the 
     use of drones, development of risk assessment tools and data-
     sharing software, immediate containerization of fish on 
     fishing vessels, satellite Wi-Fi technology on fishing 
     vessels, and other technology-enhanced new fishing practices) 
     on IUU fishing and associated crimes (such as trafficking and 
     forced labor) and propose ways to integrate these 
     technologies into global fisheries enforcement and 
     management.
       (b) Russian and Chinese Fishing Industries' Influence on 
     Each Other and on the United States Seafood and Fishing 
     Industry.--Not later than 2 years after the date of enactment 
     of this Act, the Secretary of State, with support from the 
     Secretary of Commerce and the Office of the United States 
     Trade Representative, shall--
       (1) conduct a study on the collaboration between the 
     Russian and Chinese fishing industries and on the role of 
     seafood reprocessing in China (including that of raw 
     materials originating in Russia) in global seafood markets 
     and its impact on United States seafood importers, 
     processors, and consumers; and
       (2) complete a report on the study that includes classified 
     and unclassified portions, as the Secretary of State 
     determines necessary.
       (c) Fishermen Conducting Unlawful Fishing in the Economic 
     Exclusion Zone.--Section 3551 of the Maritime SAFE Act (16 
     U.S.C. 8031) is amended by adding at the end the following:
       ``(d) The Impacts of IUU Fishing and Forced Labor.--
       ``(1) In general.--The Administrator, in consultation with 
     relevant members of the Working Group, shall seek to enter 
     into an arrangement with the National Academies of Sciences, 
     Engineering, and Medicine under which the National Academies 
     will undertake a multifaceted study that includes the 
     following:
       ``(A) An analysis that quantifies the occurrence and extent 
     of IUU fishing and forced labor among flag states.
       ``(B) An evaluation of the costs to the United States 
     economy of IUU fishing and forced labor.
       ``(C) An assessment of the costs to the global economy of 
     IUU fishing and forced labor.
       ``(D) An assessment of the effectiveness of response 
     strategies to counter IUU fishing, including both domestic 
     programs and foreign capacity-building and partnering 
     programs.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection 
     $4,000,000.''.
       (d) Report.--Not later than 24 months after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the study conducted under subsection (d) 
     of section 3551 of the Maritime SAFE Act that includes--
       (1) the findings of the National Academies; and
       (2) recommendations on knowledge gaps that warrant further 
     scientific inquiry.
                                 ______
                                 
  SA 2086. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 4638, to authorize appropriations for 
fiscal year 2025 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in title III, insert the 
     following:

     SEC. 3__. STORMWATER DISCHARGE PERMITS AND TESTING AT 
                   DEPARTMENT OF DEFENSE FACILITIES.

       (a) Request for Modification.--Except as provided in 
     subsection (b), not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall, with 
     respect to each permit under section 402(p) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342(p)) that applies 
     to a facility of the Department of Defense, request from the 
     State that issued the permit, or the Administrator of the 
     Environmental Protection Agency, as applicable, a 
     modification to such permit to require--
       (1) monitoring of discharges of perfluoroalkyl and 
     polyfluoroalkyl substances not less frequently than 
     quarterly; and

[[Page S4291]]

       (2) implementation of appropriate best management practices 
     or control technologies to reduce such discharges consistent 
     with the requirements of such Act.
       (b) Exceptions.--The Secretary of Defense is not required 
     to request a modification to a permit under subsection (a) if 
     such permit contains the elements specified under paragraphs 
     (1) and (2) of such subsection.
       (c) Funding for Monitoring and Reduction of Discharges.--Of 
     the funds authorized to be appropriated or otherwise made 
     available to the Secretary of Defense in each fiscal year for 
     remediation efforts relating to perfluoroalkyl and 
     polyfluoroalkyl substances, not less than one percent shall 
     be obligated or expended annually to carry out activities 
     described in paragraphs (1) and (2) of subsection (a).
                                 ______
                                 
  SA 2087. Mr. WARNOCK (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle A of title VI, add the following:

     SEC. 605. INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE THE 
                   UNITED STATES FOR MEMBERS OF THE UNIFORMED 
                   SERVICES.

       Paragraph (3) of section 403(b) of title 37, United States 
     Code, is amended to read as follows:
       ``(3) The monthly amount of the basic allowance for housing 
     for an area of the United States for a member of a uniformed 
     service shall be the amount of the monthly cost of adequate 
     housing in that area, as determined by the Secretary of 
     Defense, for members of the uniformed services serving in the 
     same pay grade and with the same dependency status as the 
     member.''.
                                 ______
                                 
  SA 2088. Mr. WARNOCK (for himself and Mr. Vance) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1095. JUSTICE FOR UNITED STATES VICTIMS OF STATE 
                   SPONSORED TERRORISM.

       Subsection (d)(4)(D)(iv)(IV) of the Justice for United 
     States Victims of State Sponsored Terrorism Act (34 U.S.C. 
     20144(d)(4)(D)(iv)(IV)) is amended--
       (1) by redesignating item (bb) as item (dd);
       (2) by inserting after item (aa) the following:
       ``(bb) Iran hostages.--There are authorized to be 
     appropriated and there are appropriated to the Fund such sums 
     as are necessary to make full and complete payments for 
     amounts outstanding and unpaid on claims under subparagraphs 
     (B) and (C) of subsection (c)(2), which shall be paid by the 
     Fund on the claims not later than 30 days after the date of 
     enactment of this item.
       ``(cc) Limitation.--Amounts appropriated pursuant to item 
     (bb) may not be used for a purpose other than to make 
     payments under this clause.'';
       (3) in item (cc), as so redesignated, by inserting ``item 
     (bb) or'' before ``subclauses''; and
       (4) in item (aa), by striking ``disperses'' and inserting 
     ``disburses''.
                                 ______
                                 
  SA 2089. Mr. BOOKER submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1095. GAO REPORT ON VESSEL FIRES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the state of marine firefighting 
     authorities, jurisdiction, plan review, and other 
     considerations with respect to vessel fires at waterfront 
     facilities and within the navigable waters of the United 
     States up to 3 nautical miles from the shoreline.
       (b) Contents.--In carrying out subsection (a), the 
     Comptroller General shall--
       (1) examine factors that affect Federal and non-Federal 
     collaboration aimed at reducing vessel and waterfront 
     facility fire risk to local communities;
       (2) focus on the prevalence and frequency of vessel fires 
     described in subsection (a); and
       (3) make recommendations for preparedness, responses to, 
     training for, and other items for consideration.
                                 ______
                                 
  SA 2090. Mr. KING (for himself, Mr. Cornyn, Mr. Kaine, Mrs. Shaheen, 
Mr. Rounds, Ms. Murkowski, Mr. Cramer, Mr. Sullivan, Mr. Manchin, Mr. 
Tillis, Ms. Hirono, Mr. Young, Mrs. Fischer, Mr. Blumenthal, Ms. 
Collins, Ms. Rosen, and Mr. Carper) submitted an amendment intended to 
be proposed by him to the bill S. 4638, to authorize appropriations for 
fiscal year 2025 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1266. CHINA GRAND STRATEGY COMMISSION.

       (a) Establishment.--There is established a commission, to 
     be known as the ``China Grand Strategy Commission'' (in this 
     section referred to as the ``Commission''), to develop a 
     consensus on a comprehensive grand strategy and whole-of-
     government approach with respect to the United States 
     relationship with the People's Republic of China for purposes 
     of--
       (1) ensuring a holistic approach toward the People's 
     Republic of China across all Federal departments and 
     agencies; and
       (2) defining specific steps necessary to build a stable 
     international order that accounts for the People's Republic 
     of China's participation in that order; and
       (3) providing actionable recommendations with respect to 
     the United States relationship with the People's Republic of 
     China, which are aimed at protecting and strengthening United 
     States national security interests.
       (b) Membership.--
       (1) Composition.--
       (A) In general.--The Commission shall be composed of the 
     following members:
       (i) The Deputy National Security Advisor.
       (ii) The Deputy Secretary of Defense.
       (iii) The Deputy Secretary of State.
       (iv) The Deputy Secretary of the Treasury.
       (v) The Deputy Secretary of Commerce.
       (vi) The Principal Deputy Director of National 
     Intelligence.
       (vii) Three members appointed by the majority leader of the 
     Senate, in consultation with the chairperson of the Committee 
     on Armed Services of the Senate, one of whom shall be a 
     Member of the Senate and two of whom shall not be.
       (viii) Three members appointed by the minority leader of 
     the Senate, in consultation with the ranking member of the 
     Committee on Armed Services of the Senate, one of whom shall 
     be a Member of the Senate and two of whom shall not be.
       (ix) Three members appointed by the Speaker of the House of 
     Representatives, in consultation with the chairperson of the 
     Committee on Armed Services of the House of Representatives, 
     one of whom shall be a Member of the House of Representatives 
     and two of whom shall not be.
       (x) Three members appointed by the minority leader of the 
     House of Representatives, in consultation with the ranking 
     member of the Committee on Armed Services of the House of 
     Representatives, one of whom shall be a Member of the House 
     of Representatives and two of whom shall not be.
       (B) Qualifications.--The members described in clauses (vii) 
     through (x) of subparagraph (A) who are not Members of 
     Congress shall be individuals who are nationally recognized 
     and have well-documented expertise, knowledge, or experience 
     in--
       (i) the history, culture, economy, or national security 
     policies of the People's Republic of China;
       (ii) the United States economy;
       (iii) the use of intelligence information by national 
     policymakers and military leaders;
       (iv) the implementation, funding, or oversight of the 
     foreign and national security policies of the United States; 
     or
       (v) the implementation, funding, or oversight of economic 
     and trade policies of the United States.
       (C) Avoidance of conflicts of interest.--An official who 
     appoints members of the Commission may not appoint an 
     individual as a member of the Commission if such individual 
     possesses any personal or financial interest in the discharge 
     of any of the duties of the Commission.
       (2) Co-chairpersons.--
       (A) In general.--The Commission shall have two co-
     chairpersons, selected from among the members of the 
     Commission, of whom--
       (i) one co-chairperson shall be a member of the Democratic 
     Party; and
       (ii) one co-chairperson shall be a member of the Republican 
     Party.
       (B) Consensus.--The individuals selected to serve as the 
     co-chairpersons of the Commission shall be jointly agreed 
     upon by the President, the majority leader of the Senate, the 
     minority leader of the Senate, the Speaker of the House of 
     Representatives, and

[[Page S4292]]

     the minority leader of the House of Representatives.
       (c) Appointment; Initial Meeting.--
       (1) Appointment.--Members of the Commission shall be 
     appointed not later than 45 days after the date of the 
     enactment of this Act.
       (2) Initial meeting.--The Commission shall hold its initial 
     meeting on or before the date that is 60 days after the date 
     of the enactment of this Act.
       (d) Meetings; Quorum; Vacancies.--
       (1) In general.--After its initial meeting, the Commission 
     shall meet upon the call of the co-chairpersons of the 
     Commission.
       (2) Quorum.--Ten members of the Commission shall constitute 
     a quorum for purposes of conducting business, except that two 
     members of the Commission shall constitute a quorum for 
     purposes of receiving testimony.
       (3) Vacancies.--Any vacancy on the Commission shall not 
     affect its powers, and shall be filled in the same manner in 
     which the original appointment was made.
       (4) Quorum with vacancies.--If vacancies on the Commission 
     occur on any day after the date that is 45 days after the 
     date of the enactment of this Act, a quorum shall consist of 
     a majority of the members of the Commission as of such day.
       (e) Actions of Commission.--
       (1) In general.--The Commission shall act by resolution 
     agreed to by a majority of the members of the Commission 
     voting and present.
       (2) Panels.--The Commission may establish panels composed 
     of less than the full membership of the Commission for 
     purposes of carrying out the duties of the Commission under 
     this section. The actions of any such panel shall be subject 
     to the review and control of the Commission. Any findings and 
     determinations made by such a panel shall not be considered 
     to be the findings and determinations of the Commission 
     unless approved by the Commission.
       (3) Delegation.--Any member, agent, or staff member of the 
     Commission may, if authorized by the co-chairpersons of the 
     Commission, take any action that the Commission is authorized 
     to take pursuant to this section.
       (f) Duties of Commission.--The duties of the Commission are 
     as follows:
       (1) To define the core objectives and priorities of the 
     strategy described in subsection (a).
       (2) To provide definitions of the terms ``grand strategy'' 
     and ``stable international order'' as such terms relate to 
     United States national security interests and policy toward 
     the People's Republic of China.
       (3) To recommend steps toward a stable international order 
     that includes the People's Republic of China that accounts 
     for the People's Republic of China's participation in that 
     order.
       (4) To consider the manner in which the United States and 
     the allies and partners of the United States cooperate and 
     compete with the People's Republic of China and to identify 
     areas for such cooperation and competition.
       (5) To consider methods for recalibrating economic ties 
     with the People's Republic of China, and any necessary 
     modifications to such ties that may be undertaken by the 
     United States Government.
       (6) To consider methods for recalibrating additional non-
     economic ties with the People's Republic of China, and any 
     necessary modifications to such ties to be undertaken by the 
     United States Government, including research, political, and 
     security ties.
       (7) To understand the linkages across multiple levels of 
     the Federal Government with respect to United States policy 
     toward the People's Republic of China.
       (8) To seek to protect and strengthen global democracy and 
     democratic norms.
       (9) To understand the history, culture, and goals of the 
     People's Republic of China and to consider the manner in 
     which the People's Republic of China defines and seeks to 
     implement its goals.
       (10) To review--
       (A) the strategies and intentions of the People's Republic 
     of China that affect United States national and global 
     interests;
       (B) the purpose and efficacy of current programs for the 
     defense of the United States; and
       (C) the capabilities of the Federal Government for 
     understanding whether, and the manner in which, the People's 
     Republic of China is currently being deterred or thwarted in 
     its aims and ambitions, including in cyberspace.
       (11) To detail and evaluate current United States policy 
     and strategic interests, including the pursuit of a free and 
     open Indo-Pacific region, with respect to the People's 
     Republic of China, and the manner in which United States 
     policy affects the policy of the People's Republic of China.
       (12) To assess the manner in which the invasion of Ukraine 
     by the Russian Federation may have impacted the People's 
     Republic of China's calculations on an invasion of Taiwan and 
     the implications of such impact on the prospects for short-
     term, medium-term, and long-term stability in the Taiwan 
     Strait.
       (13) In evaluating options for such strategy, to consider 
     possible structures and authorities that need to be 
     established, revised, or augmented within the Federal 
     Government to maintain United States national security 
     interests in relation to policy toward the People's Republic 
     of China.
       (g) Powers of Commission.--
       (1) Hearings and evidence.--The Commission or, as delegated 
     by the co-chairpersons of the Commission, any panel or member 
     thereof, may, for the purpose of carrying out this section--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Commission, or such designated 
     panel or designated member, considers necessary; and
       (B) subject to paragraph (2), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents, as the Commission or such 
     designated panel or designated member considers necessary.
       (2) Subpoenas.--
       (A) In general.--Subpoenas may be issued under paragraph 
     (1)(B) under the signature of the co-chairpersons of the 
     Commission, and may be served by any person designated by 
     such co-chairpersons.
       (B) Failure to comply.--The provisions of sections 102 
     through 104 of the Revised Statutes (2 U.S.C. 192-194) shall 
     apply in the case of any failure of a witness to comply with 
     any subpoena or to testify when summoned under authority of 
     this section.
       (3) Contracts.--The Commission may, to such extent and in 
     such amounts as are provided in advance in appropriations 
     Acts, enter into contracts to enable the Commission to 
     discharge its duties under this section.
       (4) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from 
     any executive department, agency, bureau, board, commission, 
     office, independent establishment, or instrumentality of the 
     Government information, suggestions, estimates, and 
     statistics for the purposes of this section.
       (B) Furnishing information.--Each such department, agency, 
     bureau, board, commission, office, establishment, or 
     instrumentality shall, to the extent authorized by law, 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by a 
     co-chairperson of the Commission.
       (C) Handling of classified information.--The Commission 
     shall handle and protect all classified information provided 
     to it under this section in accordance with applicable law.
       (5) Assistance from federal agencies.--
       (A) Secretary of defense.--The Secretary of Defense shall 
     provide to the Commission, on a nonreimbursable basis, such 
     administrative services, funds, staff, facilities, and other 
     support services as are necessary for the performance of the 
     Commission's duties under this section.
       (B) Other departments and agencies.--Other Federal 
     departments and agencies may provide the Commission such 
     services, funds, facilities, staff, and other support as such 
     departments and agencies consider advisable and as may be 
     authorized by law.
       (C) Cooperation.--The Commission shall receive the full and 
     timely cooperation of any official, department, or agency of 
     the Federal Government whose assistance is necessary, as 
     jointly determined by the co-chairpersons of the Commission, 
     for the fulfillment of the duties of the Commission, 
     including the provision of full and current briefings and 
     analyses.
       (6) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as the departments and agencies of the Federal Government.
       (7) Gifts.--A member or staff of the Commission may not 
     receive a gift or benefit by reason of the service of such 
     member or staff to the Commission.
       (h) Staff and Compensation.--
       (1) Staff.--
       (A) Compensation.--The co-chairpersons of the Commission, 
     in accordance with rules agreed upon by the Commission, shall 
     appoint and fix the compensation of a staff director and such 
     other personnel as may be necessary to enable the Commission 
     to carry out its duties, without regard to the provisions of 
     title 5, United States Code governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title, 
     relating to classification and General Schedule pay rates, 
     except that no rate of pay fixed under this paragraph may 
     exceed the equivalent of that payable to a person occupying a 
     position at level V of the Executive Schedule under section 
     5316 of such title.
       (B) Detail of government employees.--A Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (2) Commission members.--
       (A) Compensation.--
       (i) In general.--Subject to clause (ii) and except as 
     provided in subparagraph (B), each member of the Commission 
     may be compensated at a rate not to exceed the daily 
     equivalent of the annual rate of basic pay in effect for a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day during 
     which the member is engaged in the actual performance of the 
     duties of the Commission under this section.
       (ii) Members of congress and federal employees.--Members of 
     the Commission who are Members of Congress or officers or 
     employees of the Federal Government may

[[Page S4293]]

     not receive additional pay by reason of their service on the 
     Commission.
       (B) Travel expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission may be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in 
     Government service are allowed expenses under section 5703 of 
     title 5, United States Code.
       (3) Consultant services.--The Commission may procure the 
     services of experts and consultants in accordance with 
     section 3109 of title 5, United States Code, but at rates not 
     to exceed the daily rate paid a person occupying a position 
     at level IV of the Executive Schedule under section 5315 of 
     such title.
       (4) Security clearances for commission members, staff, and 
     consultants.--
       (A) In general.--The appropriate Federal agencies or 
     departments shall cooperate with the Commission in 
     expeditiously providing to Commission members, staff, and 
     consultants appropriate security clearances to the extent 
     possible pursuant to existing procedures and requirements, 
     except that no person shall be provided access to classified 
     information under this Act without the appropriate security 
     clearances.
       (B) Expedited processing.--The Office of Senate Security 
     and the Office of House Security shall ensure the expedited 
     processing of appropriate security clearances for personnel 
     appointed to the Commission by their respective Senate and 
     House of Representatives offices under processes developed 
     for the clearance of legislative branch employees.
       (i) Treatment of Information Relating to National 
     Security.--
       (1) In general.--The Director of National Intelligence 
     shall assume responsibility for the handling and disposition 
     of any information related to the national security of the 
     United States that is received, considered, or used by the 
     Commission under this section.
       (2) Approval required.--Information related to the national 
     security of the United States that is provided to the 
     Commission by the Select Committee on Intelligence of the 
     Senate, the Permanent Select Committee on Intelligence of the 
     House of Representatives, the Committee on Armed Services of 
     the Senate, or the Committee on Armed Services of the House 
     of Representatives may not be further provided or released 
     without the approval of the chairperson of such committee.
       (3) Access after termination of commission.--
     Notwithstanding any other provision of law, after the 
     termination of the Commission under subsection (k), only the 
     members and designated staff of the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives, the Director 
     of National Intelligence (and the designees of the Director), 
     and such other officials of the executive branch as the 
     President may designate shall have access to information 
     related to the national security of the United States that is 
     received, considered, or used by the Commission.
       (j) Report.--
       (1) In general.--Not later than September 1, 2027, the 
     Commission shall submit to the appropriate committees of 
     Congress, the Assistant to the President for National 
     Security Affairs, the Secretary of State, the Secretary of 
     Defense, the Secretary of the Treasury, the Secretary of 
     Commerce, and the Director of National Intelligence a final 
     report on the findings and recommendations of the Commission.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form and shall include a classified 
     annex.
       (k) Termination of Commission.--
       (1) In general.--The Commission, and all the authorities of 
     this section, shall terminate at the end of the 120-day 
     period beginning on the date on which the final report is 
     submitted under subsection (j).
       (2) Administrative activities before termination.--The 
     Commission may use the 120-day period referred to in 
     paragraph (1) for the purpose of concluding its activities, 
     including providing testimony to Congress concerning the 
     final report required by subsection (j) and disseminating 
     such report.
       (l) Assessments of Final Report.--Not later than 60 days 
     after the date on which the final report required by 
     subsection (j) is submitted, the Secretary of State, the 
     Secretary of Defense, the Secretary of the Treasury, the 
     Secretary of Commerce, and the Director of National 
     Intelligence shall each submit to the appropriate committees 
     of Congress an assessment of the final report that includes 
     such comments on the findings and recommendations contained 
     in the final report as the Director or Secretary, as 
     applicable, considers appropriate.
       (m) Inapplicability of Certain Administrative Provisions.--
       (1) Federal advisory committee act.--The provisions chapter 
     10 of part I of title 5, United States Code (commonly 
     referred to as the ``Federal Advisory Committee Act''), shall 
     not apply to the Commission.
       (2) Freedom of information act.--The provisions of section 
     552 of title 5, United States Code (commonly referred to as 
     the ``Freedom of Information Act''), shall not apply to the 
     activities, records, and proceedings of the Commission under 
     this section.
       (n) Authorization of Appropriations.--Of the amounts 
     authorized to be appropriated by this Act for fiscal year 
     2025 for the Department of Defense, $5,000,000 shall be made 
     available to carry out this section, to remain available 
     until the termination of the Commission.
       (o) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Appropriations, the 
     Committee on Commerce, Science, and Transportation, the 
     Committee on Homeland Security and Governmental Affairs, the 
     Committee on Foreign Relations, and the Committee on Finance 
     of the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Appropriations, 
     the Committee on Energy and Commerce, the Committee on 
     Science, Space, and Technology, the Committee on Homeland 
     Security and Governmental Affairs, the Committee on Foreign 
     Affairs, and the Committee on Financial Services of the House 
     of Representatives.
                                 ______
                                 
  SA 2091. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle C of title III, add the following:

     SEC. 324. MODIFICATION OF RESTRICTION ON DEPARTMENT OF 
                   DEFENSE PROCUREMENT OF CERTAIN ITEMS CONTAINING 
                   PERFLUOROOCTANE SULFONATE OR PERFLUOROOCTANOIC 
                   ACID.

       (a) In General.--Section 333 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283; 10 U.S.C. 3062 note) is amended to 
     read as follows:

     ``SEC. 333. RESTRICTION ON DEPARTMENT OF DEFENSE PROCUREMENT 
                   OF CERTAIN ITEMS CONTAINING PERFLUOROALKYL AND 
                   POLYFLUOROALKYL SUBSTANCES.

       ``(a) Restriction on Procurement of Certain Items.--The 
     Department of Defense may not procure any covered item that 
     contains or is produced using any of the following:
       ``(1) Perfluorooctane sulfonate (PFOS).
       ``(2) Perfluorooctanoic acid (PFOA).
       ``(3) Perfluorobutanesulfonic acid (PFBS).
       ``(4) Perfluorohexanesulfonic acid (PFHxS).
       ``(5) Perfluorononanoic acid (PFNA).
       ``(6) GenX.
       ``(b) Inclusion in Contracts.--The Secretary of Defense 
     shall include the prohibition under subsection (a) in any 
     contract entered into by the Department of Defense to procure 
     a covered item.
       ``(c) No Obligation to Test.--In carrying out the 
     prohibition under subsection (a), the Secretary of Defense 
     shall not have an obligation to test a covered item to 
     confirm the absence of perfluoroalkyl substances or 
     polyfluoroalkyl substances.
       ``(d) Existing Inventory.--Nothing in this section shall be 
     construed to impact existing inventories of covered items 
     procured by the Secretary of Defense before the effective 
     date of this section.
       ``(e) Covered Item Defined.--In this section, the term 
     `covered item' means--
       ``(1) non-stick cookware or food service ware for use in 
     galleys or dining facilities;
       ``(2) food packaging materials;
       ``(3) cleaning products;
       ``(4) carpeting; and
       ``(5) rugs and upholstered furniture.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on April 1, 2026.
                                 ______
                                 
  SA 2092. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title VIII, add the following:

     SEC. 891. PROCUREMENT OF CLEANING PRODUCTS.

       The Secretary of Defense shall, to the maximum extent 
     practicable, only procure cleaning products that are 
     identified by--
       (1) the Safer Choice program; or
       (2) an independent third-party organization that provides 
     certifications in a manner consistent with the Safer Choice 
     program.
                                 ______
                                 
  SA 2093. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal

[[Page S4294]]

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

       At the end of title XII, add the following:

Subtitle G--Supporting Democracy and the Rule of Law in the Republic of 
                                Georgia

     SEC. 1291. SHORT TITLES.

       This subtitle may be cited as the ``Georgian People's Act'' 
     or the ``GPA Act''.

     SEC. 1292. FINDINGS.

       Congress finds the following:
       (1) On April 9, 1991, the Republic of Georgia declared 
     independence from the Soviet Union, and on March 24, 1992, 
     the United States and Georgia established formal diplomatic 
     relations.
       (2) Since 1993, the territorial integrity of Georgia has 
     been reaffirmed by the international community and numerous 
     United Nations Security Council resolutions.
       (3) At the 2008 Summit in Bucharest, NATO recognized the 
     aspirations of Georgia to join NATO and committed that 
     Georgia would become a member of the Alliance.
       (4) On August 7, 2008, the Russian Federation invaded 
     Georgia and thereafter occupied 20 percent of its territory, 
     all of which it continues to occupy.
       (5) On January 9, 2009, the United States and Georgia 
     signed the United States-Georgia Charter on Strategic 
     Partnership, affirming the close relationship between the 
     United States and Georgia based on the shared principles of 
     democracy, free markets, defense and security cooperation, 
     and cultural exchanges.
       (6) Georgia made significant contributions to the wars in 
     Iraq and Afghanistan and was the largest troop contributor 
     among NATO partners to the NATO-led Resolute Support Mission 
     in Afghanistan.
       (7) The United States and Georgia have maintained a strong 
     security partnership, including the U.S.-Georgia Security 
     Cooperation Framework, signed in November 2019, and the 
     Georgia Defense and Deterrence Enhancement Initiative, 
     launched in October 2021.
       (8) The United States supports the sovereignty and 
     territorial integrity of Georgia within its internationally 
     recognized borders and condemns the continued occupation by 
     Russia of the Georgian regions of South Ossetia and Abkhazia.
       (9) The United States has continuously supported the 
     democratic wishes of the Georgian people, who have long 
     maintained their aspirations to join the European Union and 
     NATO.
       (10) During and following her tenure as United States 
     Ambassador and Plenipotentiary to Georgia between 2020 and 
     2023, Kelly Degnan has been the subject of slander and verbal 
     abuse from members of the Government of Georgia.
       (11) As recently as October 2023, reputable polling 
     indicates that 86 percent of the Georgian public support 
     Georgia becoming a member of the European Union.
       (12) Since Russia's full-scale invasion of Ukraine in 
     February 2022, Georgia--
       (A) has not imposed its own sanctions on Russia; and
       (B) has increased economic ties, including initiating many 
     direct flights to and from Russia;
       (C) has eased visa requirements for Russians visiting 
     Georgia; and
       (D) is perceived as a conduit of Russia's sanctions evasion 
     endeavors.
       (13) Since Russia's full-scale invasion of Ukraine in 
     February 2022, and the subsequent rounds of international 
     sanctions placed on Russia as a result of such invasion, 
     Georgia saw its trade with Russia grow by 34 percent between 
     January and June 2023.
       (14) Georgia's geographic position as both a Black Sea 
     littoral nation and its proximity to the Caspian Sea could 
     further strengthen Georgia's economy by transporting natural 
     gas through the Trans-Caspian Gas Pipeline Project.
       (15) In June 2022, when the Governments of Ukraine and 
     Moldova received candidate status for membership in the 
     European Union, the European Council stated it would only be 
     ready to grant Georgia candidate status once the country has 
     addressed the 12 priorities outlined by the European 
     Commission.
       (16) In December 2023, the European Union granted Georgia 
     the status of candidate country, with the understanding that 
     Georgia would act consistent with the recommendations of the 
     European Commission by continuing to advance the outlined 
     reform priorities and increasing its alignment with the 
     European Union's foreign and security policy positions.
       (17) On February 24, 2023, a foreign agents bill was 
     introduced in the Parliament of Georgia--
       (A) to impose restrictions on civil society organizations, 
     nongovernmental organizations, and independent media 
     organizations; and
       (B) to stigmatize such organizations as ``foreign agents''.
       (18) On March 7, 2023, the Parliament of Georgia 
     accelerated the passage of that bill, which led to--
       (A) large-scale protests that Georgian authorities 
     confronted by deploying tear gas and water cannons; and
       (B) the withdrawal of the bill by the Parliament.
       (19) On April 15, 2024, the foreign agents bill, which was 
     renamed ``the Law on Transparency of Foreign Influence'', was 
     reintroduced in the Parliament of Georgia with minor changes 
     that did not reflect the express wishes of the Georgian 
     people, which provoked--
       (A) large-scale protests in Tbilisi and around the country; 
     and
       (B) the ejection of opposition parliamentarians from 
     parliamentary hearings.
       (20) On April 29, 2024, former Georgian Prime Minister 
     Bidzina Ivanishvili, who is currently the Honorary Chairman 
     of the ruling Georgian Dream Party, gave a speech in which 
     he--
       (A) harshly attacked American and European partners;
       (B) alleged that the goal of foreign funding of civil 
     society and nongovernmental organizations in Georgia is to 
     deprive Georgia of its state sovereignty; and
       (C) promised to punish opposition political groups.
       (21) In the face of massive, nation-wide protests against 
     the foreign agents bill, Georgian authorities have, in some 
     cases, deployed disproportionate force against largely 
     peaceful protestors, including--
       (A) reportedly attacking journalists covering the protests 
     and members of the political opposition; and
       (B) threatening civil society leaders and family members of 
     protestors at their homes.
       (22) On May 14, 2024, the Parliament of Georgia passed the 
     foreign agents bill against the wishes of the Georgian 
     people.
       (23) On May 21, 2024, the Venice Commission issued an 
     opinion regarding Georgia's foreign influence law in which it 
     ``strongly recommend[ed] repealing the Law in its current 
     form, as its fundamental flaws will involve significant 
     negative consequences for the freedoms of association and 
     expression, the right to privacy, the right to participate in 
     public affairs as well as the prohibition of 
     discrimination.''.

     SEC. 1293. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to call on all political parties and elected Members of 
     the Parliament of Georgia to continue working on addressing 
     the reform plan outlined by the European Commission to 
     advance Georgia's recently granted candidate status, which 
     the people of Georgia have freely elected to pursue;
       (2) to call on the Government of Georgia to institute the 
     required reforms, which are to be developed through an 
     inclusive and transparent consultation process with 
     opposition parties and civil society organizations;
       (3) to express serious concern that impediments to 
     strengthening the democratic institutions and processes of 
     Georgia, including the foreign agents bill, will slow or halt 
     Georgia's progress toward achieving its Euro-Atlantic 
     aspirations, be perceived as stagnating the democratic 
     trajectory of Georgia, and result in negative domestic and 
     international consequences for the Government of Georgia;
       (4) to impose swift consequences on individuals who are 
     directly responsible for leading or have directly and 
     knowingly engaged in leading, actions or policies that 
     significantly undermine the peace, security, stability, 
     sovereignty, or territorial integrity of Georgia;
       (5) to emphasize the importance of contributing to 
     international efforts--
       (A) to combat Russian aggression, including through 
     sanctions on trade with Russia and the implementation and 
     enforcement of worldwide sanctions on Russia; and
       (B) to reduce, rather than increase, trade ties between 
     Georgia and Russia;
       (6) to call on all political parties, elected Members of 
     the Parliament of Georgia, and officers of the Ministry of 
     Internal Affairs of Georgia to respect the freedoms of 
     peaceful assembly, association, and expression, including for 
     the press, and the rule of law, and encourage a vibrant and 
     inclusive civil society;
       (7) to call on the Government of Georgia to release all 
     persons detained or imprisoned on politically motivated 
     grounds and drop any pending charges against them;
       (8) to call on the Government of Georgia to ensure that the 
     national elections scheduled for October 2024 are free, fair, 
     and reflective of the will of the Georgian people; and
       (9) to continue impressing upon the Government of Georgia 
     that the United States is committed to sustaining and 
     deepening bilateral relations and supporting Georgia's Euro-
     Atlantic aspirations.

     SEC. 1294. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (2) Foreign agents bill.--The term ``foreign agents bill'' 
     means the ``On Transparency of Foreign Influence'' bill, 
     which was reintroduced in the Parliament of Georgia in April 
     2024.
       (3) Georgia.--The term ``Georgia'' means the Republic of 
     Georgia.
       (4) NATO.--The term ``NATO'' means the North Atlantic 
     Treaty Organization.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

     CHAPTER 1--CONDITIONS ON ENGAGEMENT WITH GOVERNMENT OF GEORGIA

                        Subchapter A--Sanctions

     SEC. 1295. DEFINITIONS.

       In this chapter:

[[Page S4295]]

       (1) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given such 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Financial Services of the House of 
     Representatives.
       (3) Foreign person.--The term ``foreign person'' means any 
     individual or entity that is not a United States person.
       (4) Immediate family members.--The term ``immediate family 
     members'' has the meaning given the term ``immediate 
     relatives'' in section 201(b)(2)(A)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(b)(2)(A)(i)).
       (5) 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.
       (6) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person within the United States.

     SEC. 1295A. STATEMENT OF POLICY.

       (a) In General.--It shall be the policy of the United 
     States to support the constitutionally stated aspirations of 
     Georgia to become a member of the European Union and the 
     North Atlantic Treaty Organization, which--
       (1) is made clear under Article 78 of the Constitution of 
     Georgia; and
       (2) is supported by 86 percent of the citizens of Georgia.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) acts of blocking Euro-Atlantic integration in Georgia, 
     due to undue influence from corrupt or oligarchic forces, 
     constitute a form of corruption;
       (2) the United States should consider travel restrictions 
     or sanctions on individuals responsible for any actions 
     preventing Georgia from moving toward Euro-Atlantic 
     integration, which include acts of violence or intimidation 
     against Georgian citizens, members of civil society, and 
     members of an opposition political party;
       (3) the United States, in response to recent events in 
     Georgia, should reassess whether recent actions undertaken by 
     individuals in Georgia should result in the imposition of 
     sanctions by the United States for acts of significant 
     corruption and human rights abuses; and
       (4) the United States should consider revoking the visas of 
     nationals of Georgia and their family members who--
       (A) live in the United States; and
       (B) are determined to meet the criteria described in 
     section 103(a).

     SEC. 1295B. INADMISSIBILITY OF OFFICIALS OF GOVERNMENT OF 
                   GEORGIA AND CERTAIN OTHER INDIVIDUALS INVOLVED 
                   IN BLOCKING EURO-ATLANTIC INTEGRATION.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall identify and 
     make a determination as to whether any of the following 
     foreign persons has knowingly engaged in significant acts of 
     corruption, or acts of violence or intimidation in relation 
     to the blocking of Euro-Atlantic integration in Georgia:
       (1) Any individual who, on or after January 1, 2012, has 
     served as a member of the Parliament of the Government of 
     Georgia, as a senior staff member of the Parliament of the 
     Government of Georgia, or as a current or former senior 
     official of a Georgian political party.
       (2) Any individual who is serving as an official in a 
     leadership position working on behalf of the Government of 
     Georgia, including law enforcement, intelligence, judicial, 
     or local or municipal government.
       (3) An immediate family member of an official described in 
     paragraph (1) or a person described in paragraph (2).
       (b) Current Visas Revoked.--
       (1) In general.--The visa or other entry documentation of 
     any alien described in subsection (a) is subject to immediate 
     revocation regardless of the issue date of such visa or 
     documentation.
       (2) Immediate effect.--A revocation of a visa or other 
     entry documentation of any alien pursuant to paragraph (1) 
     shall, in accordance with section 221(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1201(i))--
       (A) take effect immediately; and
       (B) cancel any other valid visa or entry documentation that 
     is in the possession of such alien.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit a written 
     report to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives that--
       (1) lists any foreign person for whom the Secretary has 
     determined has knowingly engaged in an activity described in 
     subsection (a); and
       (2) a detailed justification for each such positive 
     determination.
       (d) Form.--The report required under subsection (c) shall 
     be submitted in accordance with the reporting requirements 
     outlined in 7031(c) of the Department of State, Foreign 
     Operations, and Related Appropriations Act, 2024 (division F 
     of Public Law 118-47; 8 U.S.C. 1182 note).
       (e) Waiver.--The Secretary may waive the application of 
     subsection (a) if the Secretary determines that--
       (1) such waiver would serve a compelling national interest; 
     or
       (2) the circumstances which caused the individual to be 
     ineligible have sufficiently changed.

     SEC. 1295C. IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   UNDERMINING PEACE, SECURITY, STABILITY, 
                   SOVEREIGNTY, OR TERRITORIAL INTEGRITY OF 
                   GEORGIA.

       (a) In General.--The sanctions described in subsection (b) 
     shall be applied to any foreign person the President 
     determines, on or after the date of the enactment of this 
     Act--
       (1) is responsible for, complicit in, or has directly or 
     indirectly engaged in or attempted to engage in, actions or 
     policies, including ordering, controlling, or otherwise 
     directing acts that are intended to undermine the peace, 
     security, stability, sovereignty, or territorial integrity of 
     Georgia;
       (2) is or has been a leader or official of an entity that 
     has, or whose members have, engaged in any activity described 
     in paragraph (1); or
       (3) is an immediate family member of a person subject to 
     sanctions for conduct described in paragraph (1) or (2) who 
     benefitted from such conduct.
       (b) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Blocking of property.--Notwithstanding the requirements 
     under section 202 of the International Emergency Economic 
     Powers Act (50 U.S.C. 1701), the President shall exercise all 
     authorities granted under the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent 
     necessary to block and prohibit all transactions in property 
     and interests in property of a foreign person subject to 
     subsection (a) if such property and interests in property are 
     in the United States, come within the United States, or are 
     or come within the possession or control of a United States 
     person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a) shall be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry documentation of 
     any alien described in subsection (a) is subject to 
     revocation regardless of the issue date of the visa or other 
     entry documentation.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall, in accordance with section 221(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1201(i))--

       (I) take effect immediately; and
       (II) cancel any other valid visa or entry documentation 
     that is in the possession of the alien.

       (c) Waiver.--The President may waive the application of 
     sanctions under this section with respect to a foreign person 
     for renewable periods not to exceed 180 days if, not later 
     than 15 days before the date on which such waiver is to take 
     effect, the President submits to the appropriate committees 
     of Congress a written determination and justification that 
     the waiver is in the national security interests of the 
     United States.
       (d) 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 this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (b)(1) or any regulation, license, or order issued 
     under that subsection shall be subject to the penalties set 
     forth in subsections (b) and (c) of section 206 of the 
     International Economic Powers Act (50 U.S.C. 1705) to the 
     same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (3) Rule of construction.--Nothing in this subtitle, or in 
     any amendment made by this subtitle, may be construed to 
     limit the authority of the President to designate or sanction 
     persons pursuant to an applicable Executive order or 
     otherwise pursuant to the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.).
       (e) Rulemaking.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall prescribe such 
     regulations as are necessary for the implementation of this 
     section.
       (2) Notification to congress.--Not later than 10 days 
     before prescribing regulations pursuant to paragraph (1), the 
     President shall notify the appropriate committees of Congress 
     of the proposed regulations and the provisions of this 
     section that the regulations are implementing.
       (f) Termination of Sanctions.--Any sanctions imposed on a 
     foreign person pursuant

[[Page S4296]]

     to this section shall terminate on the earlier of--
       (1) the date on which the President certifies to the 
     appropriate committees of Congress that the conditions 
     requiring such sanctions no longer apply; or
       (2) December 31, 2029.
       (g) Sunset.--This section shall cease to be effective on 
     December 31, 2029.

     SEC. 1295D. SANCTIONS WITH RESPECT TO BROADER CORRUPTION IN 
                   GEORGIA.

       (a) Determination and Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a report that includes--
       (A) a list of all foreign persons about whom the Secretary 
     has made a positive determination pursuant to section 103(a); 
     and
       (B) a determination as to whether any foreign person on the 
     list described in subparagraph (A) qualifies under existing 
     sanctions authorities described in subsection (b).
       (2) Form of report.--The report required under paragraph 
     (1) shall be provided in unclassified form, but a classified 
     annex may be provided separately containing additional 
     contextual information pertaining to the justification for 
     the issuance of any waiver, as described in paragraph 
     (1)(B)(iii).
       (b) Sanctions Described.--The sanctions described in this 
     subsection are sanctions applicable with respect to a person 
     for acts of significant corruption, involvement in human 
     rights abuses, or harmful foreign activities in Georgia 
     under--
       (1) Executive Order 14024 (50 U.S.C. 1701 note; relating to 
     blocking property of certain persons with respect to 
     specified harmful foreign activities of the Government of the 
     Russian Federation); or
       (2) Executive Order 13818 (50 U.S.C. 1701 note; relating to 
     blocking the property of persons involved in serious human 
     rights abuse or corruption).
       (c) Congressional Oversight.--Not later than 120 days after 
     receiving a request from the chairman and ranking member of 
     the Committee on Foreign Relations of the Senate or of the 
     Committee on Foreign Affairs of the House of Representatives 
     with respect to whether a foreign person meets meet the 
     criteria for the imposition of sanctions described in 
     subsection (b), the President shall--
       (1) determine if the person meets such criteria; and
       (2) submit a written justification to such chairman and 
     ranking member detailing whether the President imposed or 
     intends to impose sanctions described in this section with 
     respect to such person.

     SEC. 1295E. EXCEPTIONS.

       (a) Definitions.--In this section:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given such term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (2) Good.--The term ``good'' means any article, natural or 
     man-made substance, material, supply, or manufactured 
     product, including inspection and test equipment and 
     excluding technical data.
       (3) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (4) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).
       (b) Exceptions.--
       (1) Exception relating to intelligence activities.--
     Sanctions under this subtitle shall not apply to--
       (A) any activity subject to the reporting requirements 
     under title V of the National Security Act of 1947 (50 U.S.C. 
     3091 et seq.); or
       (B) any authorized intelligence activities of the United 
     States.
       (2) Exception to comply with international obligations and 
     law enforcement activities.--Sanctions under this subtitle 
     shall not apply with respect to an alien if admitting or 
     paroling such alien into the United States is necessary--
       (A) 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 of the 
     United States; or
       (B) to carry out or assist authorized law enforcement 
     activity in the United States.
       (3) Exception relating to importation of goods.--The 
     requirement to block and prohibit all transactions in all 
     property and interests in property under this subtitle shall 
     not include the authority or a requirement to impose 
     sanctions on the importation of goods.
       (4) Humanitarian assistance.--Sanctions under this subtitle 
     shall not apply to--
       (A) the conduct or facilitation of a transaction for the 
     provision of agricultural commodities, food, medicine, 
     medical devices, or humanitarian assistance, or for 
     humanitarian purposes; or
       (B) transactions that are necessary for, or related to, the 
     activities described in subparagraph (A).

        Subchapter B--Improving Bilateral Relations With Georgia

     SEC. 1296. UNITED STATES STRATEGY TOWARD GEORGIA.

       (a) Statement of Policy on Georgia.--It is the policy of 
     the United States--
       (1) to express that if the Government of Georgia proceeds 
     to pass the foreign agents law and other legislation further 
     inhibiting its ability to advance its accession into the 
     European Union--
       (A) the United States Government's policy toward Georgia 
     should take into consideration these updated circumstances; 
     and
       (B) the United States should review all forms of foreign 
     and security assistance made available to the Government of 
     Georgia; and
       (2) to reevaluate its policy toward the Government of 
     Georgia if the Government of Georgia takes the required 
     steps--
       (A) to reorient itself toward its European Union accession 
     agenda; and
       (B) to advance policy or legislation reflecting the express 
     wishes of the Georgian people.
       (b) 5-year United States Strategy for Bilateral Relations 
     With Georgia.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, in coordination with the heads of other relevant 
     Federal departments and agencies, shall submit to the 
     appropriate congressional committees a detailed strategy 
     which shall--
       (1) outline specific objectives for enhancing bilateral 
     ties which reflect the current domestic political environment 
     in Georgia;
       (2) determine what tools, resources, and funding should be 
     available and assess whether Georgia should remain the 
     second-highest recipient of United States funding in the 
     Europe and Eurasia region;
       (3) determine the extent to which the United States should 
     continue to invest in its defense partnership with Georgia;
       (4) explore how the United States can continue to support 
     civil society and independent media organizations in Georgia; 
     and
       (5) determine whether the Government of Georgia remains 
     committed to expanding trade ties with the United States and 
     Europe and whether the United States Government should 
     continue to invest in Georgian projects.

     SEC. 1296A. REPORT ON REVIEW OF FOREIGN ASSISTANCE TO 
                   GEORGIA.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary, in coordination 
     with the USAID Administrator and other relevant Federal 
     agencies, shall submit a report to the appropriate 
     congressional committees that outlines all assistance 
     provided by any United States Government agency to the 
     Government of Georgia that are not explicitly focused on 
     democracy or rule of law and shall include--
       (1) a detailed overview of each project; and
       (2) associated funding allocations, including projected 
     funding for each project.
       (b) Suspension of Projects.--Not later than 60 days after 
     the date on which the report required under subsection (a) is 
     submitted, the Secretary shall--
       (1) suspend all projects in Georgia carried out by the 
     Department of State or other United States Government 
     agencies that primarily provide material aid, reputational 
     advantage, or sustenance to state actors, officials, or their 
     proxies who undermine the democracy of Georgia and enable 
     Russian aggression within and outside of Georgia; and
       (2) consult with the appropriate congressional committees 
     before any programming actions are taken in response to such 
     review.
       (c) Use of Funds.--
       (1) Reprogramming.--The Secretary may reprogram any amounts 
     that cannot be absorbed to support democracy and rule-of-law 
     initiatives in Georgia to other initiatives taking place in 
     other countries in the Europe and Eurasia region after 
     notifying the appropriate congressional committees.
       (2) Limitation.--No amounts appropriated or otherwise made 
     available by the Act entitled ``An Act Making emergency 
     supplemental appropriations for the fiscal year ending 
     September 30, 2024, and for other purposes'', approved April 
     24, 2024 (Public Law 118-50) may be obligated or expended for 
     any assistance to Georgia unless the Secretary certifies to 
     the appropriate congressional committees that--
       (A) such obligation or expenditure is in the vital national 
     security interest of the United States; or
       (B) the Government of Georgia is taking measures--
       (i) to represent the democratic wishes of the citizens of 
     Georgia; and
       (ii) to uphold its constitutional obligation to advance 
     membership in the European Union and NATO.

     SEC. 1296B. SENSE OF CONGRESS REGARDING SUSPENSION OF UNITED 
                   STATES-GEORGIA STRATEGIC DIALOGUE.

       It is the sense of Congress that the Secretary should 
     suspend the United States-Georgia Strategic Partnership 
     Commission, established through the United States-Georgia 
     Charter on Strategic Partnership on January 9, 2009, until 
     after the Government of Georgia takes measures--
       (1) to represent the democratic wishes of the citizens of 
     Georgia; and
       (2) to uphold its constitutional obligation to advance the 
     country towards membership in the European Union and NATO.

     SEC. 1296C. DEFENSE COOPERATION WITH GEORGIA.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States--

[[Page S4297]]

       (1) is proud of the strong defense relationship between the 
     United States and Georgia, which was--
       (A) cemented in 2002 through a Defense Cooperation 
     Agreement; and
       (B) further enhanced in October 2021 by the Georgia Defense 
     and Deterrence Enhancement Initiative.
       (2) is grateful to the Georgian Defense forces for their 
     contributions to international peacekeeping missions, 
     including--
       (A) the NATO-led Kosovo Force mission;
       (B) the European Union Military Operation in the Central 
     African Republic; and
       (C) its deployment of forces in support of United States 
     forces in Iraq from 2006 to 2008;
       (3) is grateful to the Georgian Ministry of Defense's 
     contributions toward the NATO-led International Security 
     Assistance Force (referred to in this section as the 
     ``ISAF'') in Afghanistan, whereby--
       (A) Georgia was one of the largest contributors of troops 
     per capita for a non-NATO country; and
       (B) 32 Georgian soldiers died and 280 Georgian soldiers 
     were wounded in support of the ISAF mission; and
       (4) should, to the extent possible, sustain strong ties 
     between the United States military and the Georgian Ministry 
     of Defense.
       (b) Defense Review.--Not later than 120 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     conduct a defense review to determine whether the United 
     States, in response to recent political developments in 
     Georgia, should continue to support the military needs of 
     Georgia.

     CHAPTER 2--ADDITIONAL MEASURES TO SUPPORT THE GEORGIAN PEOPLE

     SEC. 1297. STATEMENT OF POLICY IN SUPPORT OF THE GEORGIAN 
                   PEOPLE.

       It is the policy of the United States--
       (1) to continue supporting the ongoing development of 
     democratic values in Georgia, including free and fair 
     elections, freedom of association, an independent and 
     accountable judiciary, an independent media, public-sector 
     transparency and accountability, the rule of law, countering 
     malign influence, and anticorruption efforts;
       (2) to support the sovereignty, independence, and 
     territorial integrity of Georgia within its internationally 
     recognized borders;
       (3) to continue to support the Georgian people and civil 
     society organizations that reflect the aspirations of the 
     Georgian people for democracy and a future with the people of 
     Europe;
       (4) to continue supporting the capacity of the Government 
     of Georgia to protect its sovereignty and territorial 
     integrity from further Russian aggression or encroachment;
       (5) to support domestic and international efforts, 
     including polling, pre-election and election-day observation 
     efforts, to support the execution of free and fair elections 
     in Georgia in October 2024;
       (6) to continue supporting the right of the Georgian people 
     to freely engage in peaceful protest, determine their future, 
     and make independent and sovereign choices on foreign and 
     security policy, including regarding Georgia's relationship 
     with other countries and international organizations, without 
     interference, intimidation, or coercion by other countries or 
     those acting on their behalf; and
       (7) to underscore the unwavering bipartisan support from 
     Congress in supporting the democratic aspirations of the 
     Georgian people.

     SEC. 1297A. DEMOCRACY AND RULE-OF-LAW PROGRAMMING.

       (a) Statement of Policy Regarding Effect of National 
     Elections in Georgia.--It is the policy of the United States 
     to undertake efforts, in partnership with the Office for 
     Democratic Institutions and Human Rights of the Organization 
     for Security and Co-operation in Europe, to ensure that the 
     national elections in Georgia that are scheduled to be held 
     in October 2024 are conducted in a manner that is free, fair, 
     and reflective of the will of the Georgian people and show 
     evidence of a broader and sustainable democratic trajectory.
       (b) Funding.--From the amounts appropriated to the 
     Assistance for Europe, Eurasia and Central Asia account under 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2024, or under the comparable 
     appropriations Act for fiscal year 2025, not less than 
     $50,000,000 shall be made available--
       (1) to strengthen democracy and civil society in Georgia, 
     including for transparency, independent media, rule of law, 
     anti-corruption efforts, countering malign influence, and 
     good governance initiatives; and
       (2) to support the Georgian people's efforts to advance 
     their aspirations for membership in the European Union and 
     Euro-Atlantic integration.
       (c) Review of Support.--In response to the passage of the 
     foreign agents law, the Secretary and the Administrator of 
     the United States Agency for International Development shall 
     undertake a review of efforts to determine--
       (1) how best to continue providing support to civil society 
     and independent media organizations in Georgia; and
       (2) whether additional funds should be allocated to the 
     National Endowment for Democracy for initiatives in Georgia.

     SEC. 1297B. REPORT ON DISINFORMATION AND CORRUPTION IN 
                   GEORGIA.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with such agencies as the Secretary considers relevant, shall 
     submit to the appropriate congressional committees a report 
     that includes--
       (1) an assessment of efforts within and outside of Georgia 
     to spread disinformation within Georgia to mischaracterize or 
     undermine the bilateral relationships between the United 
     States and Georgia and the European Union and Georgia;
       (2) a list of--
       (A) sources that have played an active role in advancing 
     disinformation campaigns to erode public support for the 
     United States, the European Union, and NATO within Georgia; 
     and
       (B) efforts undertaken by the Government of Georgia to 
     sanction actors involved in the spread of disinformation that 
     limits its Euro-Atlantic aspirations;
       (3) an assessment of the extent to which corrupt actors are 
     undermining the ability of political parties and democratic 
     institutions in Georgia to uphold and adhere to the 
     principles of transparency and good governance;
       (4) a list of policy options to assist the Government of 
     Georgia in helping protect democracy and the rule of law by 
     punishing bad actors;
       (5) an overview of efforts in Georgia designed--
       (A) to suppress a free and independent media; or
       (B) to harass and intimidate civil society;
       (6) a list of actors responsible for--
       (A) the suppression of a free and independent media in 
     Georgia; or
       (B) harassment and intimidation of civil society in 
     Georgia;
       (7) an assessment of--
       (A) the Russian Federation's influence and information 
     operations in Georgia; and
       (B) connections between the influence and operations 
     described in subparagraph (A) and the broader agenda of the 
     Russian Federation in the region; and
       (8) an assessment of--
       (A) the People's Republic of China's influence and 
     information operations in Georgia; and
       (B) connections between the influence and operations 
     described in subparagraph (A) and the broader agenda of the 
     People's Republic of China in the region.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, with a classified annex.

     SEC. 1297C. REPORT ON POLITICAL PRISONERS IN GEORGIA.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with relevant Federal agencies, as determined by the 
     Secretary, shall submit a report to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representativesa that includes--
       (1) a list of prisoners within the Georgian prison system 
     that the Department of State considers to be imprisoned for 
     political reasons or otherwise wrongfully detained, 
     especially those who have been detained since March 2024; and
       (2) a description of efforts to work with Georgian 
     authorities to advocate for the release of such prisoners.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form.

     SEC. 1297D. SUNSET.

       This subtitle, except for section 1295C, shall cease to 
     have any force or effect beginning on the date that is 5 
     years after the date of the enactment of this Act.
                                 ______
                                 
  SA 2094. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1095. AUTHORITY TO REIMBURSE NATIONAL GUARD AND RESERVE 
                   SALARIES FOR CERTAIN ACTIVITIES IN SUPPORT OF 
                   DEPARTMENT OF STATE.

       Section 503(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2311(a)) is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (2) by striking ``(a) The'' and inserting ``(a)(1) The'';
       (3) in the matter following subparagraph (C) (as 
     redesignated by paragraph (1) of this section), by striking 
     ``Sales which'' and inserting the following:
       ``(2)(A) Sales that''; and
       (4) in paragraph (2) (as designated by paragraph (3) of 
     this section)--
       (A) by striking ``paragraph (3)'' and inserting ``paragraph 
     (1)(C)''; and
       (B) by striking ``United States'' and all that follows 
     through the period at the end and inserting the following: 
     ``United States other than members of--
       ``(i) the Coast Guard; and
       ``(ii) the reserve components of the Army, Navy, Air Force, 
     and Marine Corps who are ordered to active duty pursuant to 
     chapter 1209 of title 10, United States Code, and at the 
     request of the Secretary of State, including units of the Air 
     National Guard providing support to such missions under the

[[Page S4298]]

     Air Force Security Assistance Training Squadron.
       ``(B) Members of reserve components described in 
     subparagraph (A)(ii) shall, pursuant to section 515(e), serve 
     under the direction and supervision of the Chief of the 
     appropriate United States Diplomatic Mission and are not part 
     of any State Partnership Program established under section 
     341 of title 10, United States Code.''.
                                 ______
                                 
  SA 2095. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. SMALL BUSINESS PROCUREMENT.

       Section 15 of the Small Business Act (15 U.S.C. 644) is 
     amended--
       (1) in subsection (g)--
       (A) by inserting after ``(g)'' the following: ``Goals for 
     Participation of Small Business Concerns in Procurement 
     Contracts.--''; and
       (B) in paragraph (1)--
       (i) in subparagraph (A)(i), by striking the second 
     sentence; and
       (ii) by adding at the end the following:
       ``(C) Requirement to increase the number of small business 
     concerns.--In meeting each of the goals under subparagraph 
     (A), the Government shall--
       ``(i) increase the number of small business concerns 
     awarded contracts; and
       ``(ii) ensure the participation of a broad spectrum of 
     small business concerns from a wide variety of industries.''; 
     and
       (2) in subsection (y)--
       (A) in paragraph (2)--
       (i) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (ii) by inserting after subparagraph (D) the following:
       ``(E) The number of new small business entrants, including 
     new small business entrants that are small business concerns 
     owned and controlled by service-disabled veterans, qualified 
     HUBZone small business concerns, small business concerns 
     owned and controlled by socially and economically 
     disadvantaged individuals, and small business concerns owned 
     and controlled by women awarded prime contracts in each North 
     American Industry Classification System code during the 
     fiscal year, and a comparison to the number awarded prime 
     contracts during the prior fiscal year, if available.'';
       (B) in paragraph (3)(B)--
       (i) by striking ``(E)'' and inserting ``(F)'';
       (ii) by striking ``award of'' and all that follows through 
     ``owned and controlled by women'' and inserting the 
     following: ``award of--
       ``(i) prime contracts to an increasing number of small 
     business concerns, small business concerns owned and 
     controlled by service-disabled veterans, qualified HUBZone 
     small business concerns, small business concerns owned and 
     controlled by socially and economically disadvantaged 
     individuals, and small business concerns owned and controlled 
     by women, from a wide variety of industries; and
       ``(ii) subcontracts to small business concerns, small 
     business concerns owned and controlled by service-disabled 
     veterans, qualified HUBZone small business concerns, small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals, and small business 
     concerns owned and controlled by women''; and
       (C) in paragraph (6)--
       (i) by striking the heading and inserting ``Definitions.--
     '';
       (ii) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively; and
       (iii) by striking ``subsection, the'' and inserting: 
     ``subsection:
       ``(A) New small business entrant.--The term `new small 
     business entrant' means a small business concern that--
       ``(i) has been awarded a prime contract; and
       ``(ii) has not previously been awarded a prime contract.
       ``(B) Scorecard.--The''.
                                 ______
                                 
  SA 2096. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. ACCOUNTABILITY IN WOMEN-OWNED SMALL BUSINESS 
                   CONTRACTING.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Small business concern owned and controlled by women.--
     The term ``small business concern owned and controlled by 
     women'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (b) Eliminating Self-Certification for Women-Owned Small 
     Businesses.--
       (1) Eliminating self-certification in prime contracting and 
     subcontracting for wosbs.--
       (A) In general.--Each prime contract award and subcontract 
     award that is counted for the purpose of meeting the goals 
     for participation by small business concerns owned and 
     controlled by women in procurement contracts for Federal 
     agencies, as established in section 15(g)(2) of the Small 
     Business Act (15 U.S.C. 644(g)(2)), shall be entered into 
     with small business concerns certified by the Administrator 
     or by a national certifying entity approved by the 
     Administrator under section 8(m) of such Act (15 U.S.C. 
     637(m)) to meet the requirements under section 3(n) of such 
     Act (15 U.S.C. 632(n)) to be a small business concern owned 
     and controlled by women.
       (B) Effective date.--Subparagraph (A) shall take effect on 
     October 1 of the second fiscal year beginning after the 
     Administrator promulgates the regulations required under 
     paragraph (3).
       (2) Phased approach to eliminating self-certification for 
     wosbs.--Notwithstanding any other provision of law, any small 
     business concern that self-certified as a small business 
     concern owned and controlled by women may--
       (A) if the small business concern files a certification 
     application with the Administrator before the end of the 1-
     year period beginning on the date of the final rulemaking by 
     the Administrator in accordance with paragraph (3), maintain 
     such self-certification until the Administrator makes a 
     determination with respect to such certification; and
       (B) if the small business concern does not file a 
     certification application before the end of the 1-year period 
     beginning on the date of the final rulemaking by the 
     Administrator in accordance with paragraph (3), lose, at the 
     end of such 1-year period, any self-certification of the 
     small business concern as a small business concern owned and 
     controlled by women.
       (3) Rulemaking.--Not later than 180 days after the date of 
     enactment of this section, the Administrator shall promulgate 
     regulations to carry out this subsection.
                                 ______
                                 
  SA 2097. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. LIMITATION ON FEDERAL AGENCY CREDIT FOR MEETING 
                   CONTRACTING GOALS.

       Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) 
     is amended by adding at the end the following:
       ``(4) Limitation on credit for meeting contracting goals.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `covered category of small business concern' 
     means--

       ``(I) a small business concern owned and controlled by 
     service-disabled veterans;
       ``(II) a qualified HUBZone small business concern;
       ``(III) a small business concern owned and controlled by 
     socially and economically disadvantaged individuals; or
       ``(IV) a small business concern owned and controlled by 
     women; and

       ``(ii) the term `credit' means the value of a prime 
     contract.
       ``(B) General rule.--A Federal agency may allocate credit 
     for a single prime contract awarded to a small business 
     concern not more than 2 times for purposes of demonstrating 
     compliance with the goals of the Federal agency established 
     under paragraph (2)(A).
       ``(C) Allocation of credit.--
       ``(i) First allocation.--The first allocation of credit 
     described in subparagraph (B) shall be applied towards the 
     goal of the Federal agency established under paragraph (2)(A) 
     for participation by small business concerns.
       ``(ii) Second allocation.--A second allocation of credit 
     described in subparagraph (B) shall be applied as follows:

       ``(I) If the prime contract was awarded as a sole-source 
     contract or through competition restricted to a covered 
     category of small business concern, the credit shall be 
     applied towards the goal of the Federal agency established 
     under paragraph (2)(A) for participation by the applicable 
     covered category of small business concern.
       ``(II) If the prime contract was not awarded as a sole-
     source contract or through competition restricted to a 
     covered category of small business concern, the credit may 
     only be applied towards a single goal of the Federal agency 
     established under paragraph (2)(A), determined at the 
     election of the contracting officer, for participation by a 
     covered category of small business concern that is applicable 
     to the recipient of the prime contract, without regard to 
     whether the recipient of the prime contract qualifies as

[[Page S4299]]

     more than 1 covered category of small business concern.

       ``(D) Rulemaking.--Not later than 180 days after the date 
     of enactment of this paragraph, the Administrator shall 
     promulgate regulations to carry out this paragraph.
       ``(E) Phase-in.--
       ``(i) In general.--This paragraph shall apply with respect 
     to the fourth fiscal year beginning after the date of 
     enactment of this paragraph, and each fiscal year thereafter.
       ``(ii) Interim scoring.--For the first, second, and third 
     full fiscal years beginning after the date of enactment of 
     this paragraph, the Administrator shall submit to each 
     Federal agency and to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives an assessment of the 
     agency, providing--

       ``(I) an evaluation of whether the Federal agency met the 
     contracting goals under this subsection for the fiscal year; 
     and
       ``(II) an evaluation of whether the Federal agency would 
     have met the contracting goals under this subsection for the 
     fiscal year, if this paragraph had been in effect.

       ``(iii) Consultations.--The Administrator may consult with, 
     and make recommendations to, a Federal agency if the 
     evaluation under clause (ii)(II) identifies that the agency 
     would not have met the contracting goals under this 
     subsection, if this paragraph had been in effect.
       ``(iv) Public notice.--For the third full fiscal year 
     beginning after the date of enactment of this paragraph, the 
     Administrator shall also make the information in subclauses 
     (I) and (II) of clause (ii) available to the public.''.
                                 ______
                                 
  SA 2098. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. PLAIN LANGUAGE IN CONTRACTING.

       (a) Accessibility and Clarity in Covered Notices for Small 
     Business Concerns.--
       (1) In general.--Each covered notice shall be written--
       (A) in a manner that is clear, concise, and accessible to a 
     small business concern; and
       (B) in a manner consistent, to the extent practicable, with 
     the Federal plain language guidelines established pursuant to 
     the Plain Writing Act of 2010 (5 U.S.C. 301 note).
       (2) Inclusion of key words in covered notices.--Each 
     covered notice shall, to the maximum extent practicable, 
     include key words in the description of the covered notice 
     such that a small business concern seeking contract 
     opportunities using the single governmentwide point of entry 
     described under section 1708 of title 41, United States Code, 
     can easily identify and understand such covered notice.
       (3) Rulemaking.--Not later than 90 days after the date of 
     the enactment of this section, the Administrator of the Small 
     Business Administration shall issue rules to carry out this 
     subsection.
       (4) Definitions.--In this subsection:
       (A) Covered notice.--The term ``covered notice'' means a 
     notice pertaining to small business concerns published by a 
     Federal agency on the single governmentwide point of entry 
     described under section 1708 of title 41, United States Code.
       (B) Small business act definitions.--The terms ``Federal 
     agency'' and ``small business concern'' have the meanings 
     given those terms, respectively, in section 3 of the Small 
     Business Act (15 U.S.C. 632).
                                 ______
                                 
  SA 2099. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PILOT PROGRAM FOR SMALL BUSINESSES TO SCALE 
                   TECHNOLOGIES.

       (a) Pilot Program for Small Businesses to Scale 
     Technologies.--
       (1) In general.--Section 9(aa) of the Small Business Act 
     (15 U.S.C. 638(aa)) is amended--
       (A) by redesignating paragraph (5) as paragraph (6); and
       (B) by inserting after paragraph (4) the following:
       ``(5) Pilot program for small businesses to scale 
     technologies.--Upon request by a Federal agency, the 
     Administrator shall grant a waiver from the requirement under 
     paragraph (1) with respect to a Phase II award under the SBIR 
     program or STTR program of the Federal agency if the Federal 
     agency ensures that--
       ``(A) the total funding associated with the Phase II award 
     under the SBIR program and the STTR program does not exceed 
     $20,000,000;
       ``(B) not more than 33 percent of the total funding, public 
     or private, included or required by the funding agreement may 
     be paid with funding under the SBIR program or the STTR 
     program of the Federal agency;
       ``(C) for the Department of Defense, the Phase II award 
     directly supports a Department of Defense operational need 
     and has a clearly defined transition path to support military 
     capabilities; and
       ``(D) if the waiver is granted--
       ``(i) not more than 25 percent of the SBIR program budget 
     of the Federal agency for any fiscal year will be expended on 
     Phase II awards for which a waiver is granted under this 
     paragraph; and
       ``(ii) not more than 25 percent of the STTR program budget 
     of the Federal agency for any fiscal year will be expended on 
     Phase II awards for which a waiver is granted under this 
     paragraph.''.
       (2) Sunset.--Effective on October 1, 2025, section 9(aa) of 
     the Small Business Act (15 U.S.C. 638(aa)) is amended--
       (A) by striking paragraph (5); and
       (B) by redesignating paragraph (6) as paragraph (5).
       (b) Requirement for Defense Innovation Unit; Pilot Program 
     for Acceleration of High Priority Technologies.--
       (1) Definitions.--In this subsection--
       (A) the term ``appropriate congressional committees'' 
     means--
       (i) the Committee on Small Business and Entrepreneurship of 
     the Senate;
       (ii) the Committee on Armed Services of the Senate;
       (iii) the Committee on Small Business of the House of 
     Representatives;
       (iv) the Committee on Armed Services of the House of 
     Representatives; and
       (v) the Committee on Science, Space, and Technology of the 
     House of Representatives;
       (B) the terms ``armed forces'' and ``Secretary concerned'' 
     have the meanings given those terms in section 101 of title 
     10, United States Code;
       (C) the term ``major system'' has the meaning given the 
     term in section 3041 of title 10, United States Code;
       (D) the terms ``Phase I'', ``Phase II'', ``Phase III'', 
     ``SBIR'', and ``STTR'' have the meanings given those terms in 
     section 9(e) of the Small Business Act (15 U.S.C. 638(e)); 
     and
       (E) the term ``small business concern'' has the meaning 
     given the term in section 3 of the Small Business Act (15 
     U.S.C. 632).
       (2) Requirement.--The Director of the Defense Innovation 
     Unit of the Department of Defense shall establish a 
     mechanism, such as a major system, to provide small business 
     concerns with direct access to program and requirements 
     offices throughout the Department of Defense that may 
     purchase technology from small business concerns under Phase 
     III of the SBIR or STTR program of the Department of Defense.
       (3) Pilot program for advancing small business 
     development.--
       (A) In general.--
       (i) Set aside.--Of the amounts authorized to be 
     appropriated by this Act, or otherwise made available for 
     fiscal year 2025, to carry out an SBIR program of a component 
     of the armed forces, that component shall use 1 percent of 
     those amounts to provide for the procurement of high priority 
     technologies (as so identified by the chief acquisition 
     officer of the component), specifically the procurement of 
     systems that have been supported through Phase I or Phase II 
     awards of that program but have not become programs of 
     record.
       (ii) Combining funding.--For the purposes of clause (i), 
     multiple components of the armed forces may combine amounts 
     that each component is required to use as described in that 
     clause to jointly provide for the procurement of high 
     priority technologies.
       (B) Notification.--Not later than 90 days after the date of 
     enactment of this Act, the chief acquisition officer of each 
     component of the armed forces shall submit to the appropriate 
     congressional committees a list of which technologies that 
     officer has identified as high priority technologies under 
     subparagraph (A).
       (C) Report.--Not later than 1 year after the date of 
     enactment of this Act, each Secretary concerned shall submit 
     to the appropriate congressional committees a report that 
     contains policy change recommendations identified as a result 
     of the pilot program carried out under this paragraph by the 
     applicable component of the armed forces to facilitate the 
     rapid adoption of technologies supported by the SBIR program 
     of the component.
       (c) Limitations on Amount of Awards and Number of 
     Applications.--Section 9 of the Small Business Act (15 U.S.C. 
     638) is amended by adding at the end the following:
       ``(yy) Limitations on Total SBIR and STTR Award Amounts and 
     Applications.--
       ``(1) Total award amount.--A single small business concern, 
     including any subsidiary or affiliated entity of the small 
     business concern, may not receive more than $50,000,000 in 
     Phase I and Phase II awards, in the aggregate, from Federal 
     agencies participating in the SBIR or STTR program.
       ``(2) Applications.--
       ``(A) In general.--A small business concern may not submit 
     more than 10 applications to a single Federal agency for each 
     SBIR or STTR program award solicitation of the Federal 
     agency.
       ``(B) Department of defense.--For purposes of subparagraph 
     (A), the Department of Defense shall consist of 1 Federal 
     agency.''.

[[Page S4300]]

  

                                 ______
                                 
  SA 2100. Mr. MARKEY (for himself and Mr. Cruz) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in subtitle H of title X, insert 
     the following:

     SEC. __. AM RADIO FOR EVERY VEHICLE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Emergency Management Agency.
       (2) AM broadcast band.--The term ``AM broadcast band'' 
     means the band of frequencies between 535 kilohertz and 1705 
     kilohertz, inclusive.
       (3) AM broadcast station.--The term ``AM broadcast 
     station'' means a broadcast station licensed for the 
     dissemination of radio communications--
       (A) intended to be received by the public; and
       (B) operated on a channel in the AM broadcast band.
       (4) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (D) the Committee on Homeland Security of the House of 
     Representatives; and
       (E) the Committee on Energy and Commerce of the House of 
     Representatives.
       (5) Comptroller general.--The term ``Comptroller General'' 
     means the Comptroller General of the United States.
       (6) Device.--The term ``device'' means a piece of equipment 
     or an apparatus that is designed--
       (A) to receive signals transmitted by a radio broadcast 
     station (as defined in section 3 of the Communications Act of 
     1934 (47 U.S.C. 153)); and
       (B) to play back content or programming derived from those 
     signals.
       (7) Digital audio am broadcast station.--
       (A) In general.--The term ``digital audio AM broadcast 
     station'' means an AM broadcast station that--
       (i) is licensed by the Federal Communications Commission; 
     and
       (ii) uses an In-band On-channel system (as defined in 
     section 73.402 of title 47, Code of Federal Regulations (or a 
     successor regulation)) for broadcasting purposes.
       (B) Exclusion.--The term ``digital audio AM broadcast 
     station'' does not include an all-digital AM station (as 
     defined in section 73.402 of title 47, Code of Federal 
     Regulations (or a successor regulation)).
       (8) Integrated public alert and warning system; ipaws.--The 
     terms ``Integrated Public Alert and Warning System'' and 
     ``IPAWS'' mean the public alert and warning system of the 
     United States described in section 526 of the Homeland 
     Security Act of 2002 (6 U.S.C. 321o).
       (9) Manufacturer.--The term ``manufacturer'' has the 
     meaning given the term in section 30102(a) of title 49, 
     United States Code.
       (10) Passenger motor vehicle.--The term ``passenger motor 
     vehicle'' has the meaning given the term in section 32101 of 
     title 49, United States Code.
       (11) Receive.--The term ``receive'' means to receive a 
     broadcast signal via over-the-air transmission.
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (13) Signal.--The term ``signal'' means radio frequency 
     energy that a holder of a radio station license granted or 
     authorized by the Federal Communications Commission pursuant 
     to sections 301 and 307 of the Communications Act of 1934 (47 
     U.S.C. 301, 307) intentionally emits or causes to be emitted 
     at a specified frequency for the purpose of transmitting 
     content or programming to the public.
       (14) Standard equipment.--The term ``standard equipment'' 
     means motor vehicle equipment (as defined in section 30102(a) 
     of title 49, United States Code) that--
       (A) is installed as a system, part, or component of a motor 
     vehicle as originally manufactured; and
       (B) the manufacturer of the motor vehicle recommends or 
     authorizes to be included in the motor vehicle for no 
     additional or separate monetary fee, payment, or surcharge, 
     beyond the base price of a motor vehicle.
       (b) AM Broadcast Stations Rule.--
       (1) Rule required.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator and the Federal Communications Commission, 
     shall issue a rule--
       (A) requiring devices that can receive signals and play 
     content transmitted by AM broadcast stations be installed as 
     standard equipment in passenger motor vehicles--
       (i) manufactured in the United States, imported into the 
     United States, or shipped in interstate commerce; and
       (ii) manufactured after the effective date of the rule;
       (B) requiring access to AM broadcast stations in a manner 
     that is easily accessible to a driver after the effective 
     date of the rule; and
       (C) allowing a manufacturer to comply with that rule by 
     installing devices that can receive signals and play content 
     transmitted by digital audio AM broadcast stations as 
     standard equipment in passenger motor vehicles manufactured 
     in the United States, imported into the United States, or 
     shipped in interstate commerce after the effective date of 
     the rule.
       (2) Compliance.--
       (A) In general.--Except as provided in subparagraph (B), in 
     issuing the rule required under paragraph (1), the Secretary 
     shall establish an effective date for the rule that is not 
     less than 2 years, but not more than 3 years, after the date 
     on which the rule is issued.
       (B) Certain manufacturers.--In issuing the rule required 
     under paragraph (1), the Secretary shall establish an 
     effective date for the rule that is at least 4 years after 
     the date on which the rule is issued with respect to 
     manufacturers that manufactured not more than 40,000 
     passenger motor vehicles for sale in the United States in 
     2022.
       (3) Interim requirement.--For passenger motor vehicles 
     manufactured after the date of enactment of this Act and 
     manufactured in the United States, imported into the United 
     States, or shipped in interstate commerce between the period 
     of time beginning on the date of enactment of this Act and 
     ending on the effective date of the rule issued under 
     paragraph (1) that do not include devices that can receive 
     signals and play content transmitted by AM broadcast 
     stations, the manufacturer of the passenger motor vehicles--
       (A) shall provide clear and conspicuous labeling to inform 
     purchasers of those passenger motor vehicles that the 
     passenger motor vehicles do not include devices that can 
     receive signals and play content transmitted by AM broadcast 
     stations; and
       (B) may not charge an additional or separate monetary fee, 
     payment, or surcharge, beyond the base price of the passenger 
     motor vehicles, for access to AM broadcast stations for the 
     period of time described in this paragraph.
       (4) Relationship to other laws.--When the rule issued under 
     paragraph (1) is in effect, a State or a political 
     subdivision of a State may not prescribe or continue in 
     effect a law, regulation, or other requirement applicable to 
     access to AM broadcast stations in passenger motor vehicles.
       (5) Enforcement.--
       (A) Civil penalty.--Any person failing to comply with the 
     rule issued under paragraph (1) shall be liable to the United 
     States Government for a civil penalty in accordance with 
     section 30165(a)(1) of title 49, United States Code.
       (B) Civil action.--The Attorney General may bring a civil 
     action in an appropriate district court of the United States 
     to enjoin a violation of the rule issued under paragraph (1) 
     in accordance with section 30163 of title 49, United States 
     Code.
       (6) GAO study.--
       (A) In general.--The Comptroller General shall conduct a 
     comprehensive study on disseminating emergency alerts and 
     warnings to the public.
       (B) Requirements.--The study required under subparagraph 
     (A) shall include--
       (i) an assessment of--

       (I) the role of passenger motor vehicles in IPAWS 
     communications, including by providing access to AM broadcast 
     stations;
       (II) the advantages, effectiveness, limitations, 
     resilience, and accessibility of existing IPAWS communication 
     technologies, including AM broadcast stations in passenger 
     motor vehicles;
       (III) the advantages, effectiveness, limitations, 
     resilience, and accessibility of AM broadcast stations 
     relative to other IPAWS communication technologies in 
     passenger motor vehicles; and
       (IV) whether other IPAWS communication technologies are 
     capable of ensuring the President (or a designee) can reach 
     at least 90 percent of the population of the United States at 
     a time of crisis, including at night; and

       (ii) a description of any ongoing efforts to integrate new 
     and emerging technologies and communication platforms into 
     the IPAWS framework.
       (C) Consultation required.--In conducting the study 
     required under subparagraph (A), the Comptroller General 
     shall consult with--
       (i) the Secretary of Homeland Security;
       (ii) the Federal Communications Commission;
       (iii) the National Telecommunications and Information 
     Administration;
       (iv) the Secretary;
       (v) Federal, State, Tribal, territorial, and local 
     emergency management officials;
       (vi) first responders;
       (vii) technology experts in resilience and accessibility;
       (viii) radio broadcasters;
       (ix) manufacturers of passenger motor vehicles; and
       (x) other relevant stakeholders, as determined by the 
     Comptroller General.
       (7) Briefing and report.--
       (A) Briefing.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall brief 
     the appropriate committees of Congress on the results of the 
     study required by paragraph (6)(A), including

[[Page S4301]]

     recommendations for legislation and administrative action as 
     the Comptroller General determines appropriate.
       (B) Report.--Not later than 180 days after the date on 
     which the Comptroller General provides the briefing required 
     under subparagraph (A), the Comptroller General shall submit 
     to the appropriate committees of Congress a report describing 
     the results of the study required under paragraph (6)(A), 
     including recommendations for legislation and administrative 
     action as the Comptroller General determines appropriate.
       (8) Review.--Not less frequently than once every 5 years 
     after the date on which the Secretary issued the rule 
     required by paragraph (1), the Secretary, in coordination 
     with the Administrator and the Federal Communications 
     Commission, shall submit to the appropriate committees of 
     Congress a report that shall include an assessment of--
       (A) the impacts of the rule issued under that paragraph, 
     including the impacts on public safety; and
       (B) changes to IPAWS communication technologies that enable 
     resilient and accessible alerts to drivers and passengers of 
     passenger motor vehicles.
                                 ______
                                 
  SA 2101. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 595(a), in the matter proposed to be inserted in 
     section 503(c)(1)(A)(i) of chapter 31 of title 10, United 
     States Code, as clause (i)(II), strike ``one in-person 
     recruitment event'' and insert ``four in-person recruitment 
     events''.
       At the end of subtitle I of title V, add the following:

     SEC. 597B. STUDY ON SERVICE ELIGIBILITY.

       (a) Study.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall 
     complete a study on the eligibility of United States citizens 
     aged 17-24 for military service.
       (b) Elements.--The study required under subsection (a) 
     shall include the following elements:
       (1) An analysis of historical trends over at least 30 years 
     preceding the date of the study of the eligibility of United 
     States citizens aged 17-24 for military service.
       (2) An analysis of the reasons for ineligibility, including 
     an identification of the percentage of citizens who fail to 
     meet eligibility standards for each of the following reasons:
       (A) Physical fitness.
       (B) Drug abuse.
       (C) Mental health.
       (D) Other medical issues.
       (E) Aptitude.
       (F) Conduct.
       (3) An analysis of the potential impacts of increased rates 
     of social media usage on the reasons described in 
     subparagraphs (A) through (F) of paragraph (2).
       (4) An analysis of the number of individuals on a yearly 
     basis who seek a waiver for one or more reasons of 
     ineligibility, compared to the number of individuals who 
     receive a waiver and join the relevant military service.
       (5) An analysis of the average time it takes for each 
     military service to process a request for a waiver.
       (6) An analysis of the reasons that waivers are not 
     processed more quickly.
       (c) Recommendations.--The study required under subsection 
     (a) shall include recommendations--
       (1) suggesting measures that could be taken by Federal and 
     State leaders to decrease the percentages of United States 
     citizens failing to meet eligibility standards described in 
     subparagraphs (A) through (F) of subsection (b)(2); and
       (2) proposing measures that the Department of Defense, and 
     Congress, could take to improve the waiver process and reduce 
     wait times for decisions on waiver requests.
       (d) Federally Funded Research and Development Center.-- The 
     Secretary of Defense may contract with a federally funded 
     research and development center to support the completion of 
     the study required under subsection (a).
       (e) Public Report.--
       (1) In general.--Not later than 30 days after the 
     completion of the study required under subsection (a), the 
     Secretary of Defense shall publish on a public website of the 
     Department of Defense a report containing the findings of the 
     study.
       (2) Annex.--The Secretary may submit to the congressional 
     defense committees a classified or unclassified annex to the 
     report required under paragraph (1).

     SEC. 597C. DEPARTMENT OF DEFENSE MARKETING REVIEW.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     complete a review of the advertising and marketing models 
     used by each of the military services in support of 
     recruiting efforts.
       (b) Elements.--The review required under subsection (a) 
     shall--
       (1) assess the efficacy of marketing across each type of 
     platform used by each service, including print, television, 
     radio, internet, and social media;
       (2) assess the efficacy of the messaging used by each 
     service; and
       (3) include recommendations for each service on ways to 
     better reach individuals who could be interested in military 
     service.
       (c) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report containing 
     the findings of the review described required under 
     subsection (a).
                                 ______
                                 
  SA 2102. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INCREASE IN DOLLAR AMOUNT THRESHOLDS UNDER SECTIONS 
                   3 AND 36 OF THE ARMS EXPORT CONTROL ACT 
                   RELATING TO PROPOSED TRANSFERS OR SALES OF 
                   DEFENSE ARTICLES OR SERVICES UNDER THAT ACT.

       The Arms Export Control Act is amended--
       (1) in section 3(d) (22 U.S.C. 2753(d))--
       (A) in paragraph (1)--
       (i) by striking ``$14,000,000'' and inserting 
     ``$23,000,000''; and
       (ii) by striking ``$50,000,000'' and inserting 
     ``$83,000,000''; and
       (B) in paragraph (3)(A)--
       (i) by striking ``$14,000,000'' and inserting 
     ``$23,000,000''; and
       (ii) by striking ``$50,000,000'' and inserting 
     ``$83,000,000'';
       (2) in section 36(b) (22 U.S.C. 2776(b))--
       (A) in paragraph (1)--
       (i) by striking ``$50,000,000'' and inserting 
     ``$83,000,000'';
       (ii) by striking ``$200,000,000'' and inserting 
     ``$332,000,000''; and
       (iii) by striking ``$14,000,000'' and inserting 
     ``$23,000,000''; and
       (B) in paragraph (5)(C)--
       (i) by striking ``$14,000,000'' and inserting 
     ``$23,000,000'';
       (ii) by striking ``$50,000,000'' and inserting 
     ``$83,000,000''; and
       (iii) by striking ``$200,000,000'' and inserting 
     ``$332,000,000''; and
       (C) in paragraph (6)--
       (i) in subparagraph (A), by striking ``$25,000,000'' and 
     inserting ``$42,000,000'';
       (ii) in subparagraph (B), by striking ``$100,000,000'' and 
     inserting ``$166,000,000''; and
       (iii) in subparagraph (C), by striking ``$300,000,000'' and 
     inserting ``$500,000,000''; and
       (3) in section 36(c) (22 U.S.C. 2776(c))--
       (A) in paragraph (1)--
       (i) by striking ``$14,000,000'' and inserting 
     ``$23,000,000''; and
       (ii) by striking ``$50,000,000'' and inserting 
     ``$83,000,000''; and
       (B) in paragraph (5)--
       (i) in subparagraph (A), by striking ``$25,000,000'' and 
     inserting ``$42,000,000''; and
       (ii) in subparagraph (B), by striking ``$100,000,000'' and 
     inserting ``$166,000,000''.
                                 ______
                                 
  SA 2103. Mr. ROMNEY (for himself and Mr. Kelly) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1027. EXCEPTION TO RESTRICTIONS ON REPAIR AND 
                   MAINTENANCE OF NAVAL VESSELS IN FOREIGN 
                   SHIPYARDS FOR SCHEDULED MAINTENANCE AND REPAIR 
                   EXERCISES.

       Section 8680(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4) Notwithstanding paragraph (1), during each fiscal 
     year, scheduled maintenance or repair may be performed on not 
     more than six naval vessels described in paragraph (1) 
     outside the United States or Guam if--
       ``(A) the period for the maintenance or repair is less than 
     90 consecutive days in duration; and
       ``(B) the maintenance or repair is performed as part of an 
     exercise to develop and improve the ability to perform 
     maintenance or repair during wartime or periods of increased 
     international tension.''.
                                 ______
                                 
  SA 2104. Mr. ROMNEY (for himself, Mr. Kaine, Mr. Hagerty, Mr. Bennet, 
Mr. Hickenlooper, and Mr. Cornyn) submitted an amendment intended to be 
proposed by him to the bill S. 4638, to authorize appropriations for 
fiscal year 2025 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:


[[Page S4302]]


  

       At the end of title XII, add the following:

          Subtitle G--Coordinating AUKUS Engagement With Japan

     SEC. 1291. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) AUKUS official.--The term ``AUKUS official'' means a 
     government official with responsibilities related to the 
     implementation of the AUKUS partnership.
       (3) AUKUS partnership.--The term ``AUKUS partnership'' has 
     the meaning given that term in section 1321 of the National 
     Defense Authorization Act of Fiscal Year 2024 (22 U.S.C. 
     10401).
       (4) Commerce control list.--The term ``Commerce Control 
     List'' means the list maintained pursuant to part 774 of 
     title 15, Code of Federal Regulations (or successor 
     regulations).
       (5) State aukus coordinator.--The term ``State AUKUS 
     Coordinator'' means the senior advisor at the Department of 
     State designated under section 1331(a)(1) of the National 
     Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 
     10411(a)(1)).
       (6) Defense aukus coordinator.--The term ``Defense AUKUS 
     Coordinator'' means the senior civilian official of the 
     Department of Defense designated under section 1332(a) of the 
     National Defense Authorization Act for Fiscal Year 2024 (22 
     U.S.C. 10412(a)).
       (7) Pillar two.--The term ``Pillar Two'' has the meaning 
     given that term in section 1321(2)(B) of the National Defense 
     Authorization Act of Fiscal Year 2024 (22 U.S.C. 
     10401(2)(B)).
       (8) United states munitions list.--The term ``United States 
     Munitions List'' means the list set forth in part 121 of 
     title 22, Code of Federal Regulations (or successor 
     regulations).

     SEC. 1292. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States should continue to strengthen 
     relationships and cooperation with allies in order to 
     effectively counter the People's Republic of China;
       (2) the United States should capitalize on the 
     technological advancements allies have made in order to 
     deliver more advanced capabilities at speed and at scale to 
     the United States military and the militaries of partner 
     countries;
       (3) the historic announcement of the AUKUS partnership laid 
     out a vision for future defense cooperation in the Indo-
     Pacific among Australia, the United Kingdom, and the United 
     States;
       (4) Pillar Two of the AUKUS partnership envisions 
     cooperation on advanced technologies, including hypersonic 
     capabilities, electronic warfare capabilities, cyber 
     capabilities, quantum technologies, undersea capabilities, 
     and space capabilities;
       (5) trusted partners of the United States, the United 
     Kingdom, and Australia, such as Japan, could benefit from and 
     offer significant contributions to a range of projects 
     related to Pillar Two of the AUKUS partnership;
       (6) Japan is a treaty ally of the United States and a 
     technologically advanced country with the world's third-
     largest economy;
       (7) in 2022, Australia signed a Reciprocal Access Agreement 
     with Japan to facilitate reciprocal access and cooperation 
     between the Self-Defense Forces of Japan and the Australian 
     Defence Force;
       (8) in 2023, the United Kingdom signed a Reciprocal Access 
     Agreement with Japan to facilitate reciprocal access and 
     cooperation between the Self-Defense Forces of Japan and the 
     Armed Forces of the United Kingdom of Great Britain and 
     Northern Ireland;
       (9) in 2014, Japan relaxed its post-war constraints on the 
     export of non-lethal defense equipment, and in March 2024, 
     Japan further refined that policy to allow for the export of 
     weapons to countries with which it has an agreement in place 
     on defense equipment and technology transfers;
       (10) in 2013, Japan passed a secrecy law obligating 
     government officials to protect diplomatic and defense 
     information, and in February 2024, the Cabinet approved a 
     bill creating a new security clearance system covering 
     economic secrets; and
       (11) in April 2024, the United States, Australia, and the 
     United Kingdom announced they would consider cooperating with 
     Japan on advanced capability projects under Pillar Two of the 
     AUKUS partnership.

     SEC. 1293. ENGAGEMENT WITH JAPAN ON AUKUS PILLAR TWO 
                   COOPERATION.

       (a) Engagement Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the State AUKUS Coordinator and 
     the Defense AUKUS Coordinator shall jointly engage directly, 
     at a technical level, with the relevant stakeholders in the 
     Government of Japan--
       (A) to better understand the export control system of Japan 
     and the effects of the reforms the Government of Japan has 
     made to that system since 2014;
       (B) to determine overlapping areas of interest and the 
     potential for cooperation with Australia, the United Kingdom, 
     and the United States on projects related to the AUKUS 
     partnership and other projects;
       (C) to identify areas in which the Government of Japan 
     might need to adjust the export control system of Japan in 
     order to guard against export control violations or other 
     related issues in order to be a successful potential partner 
     in Pillar Two of the AUKUS partnership; and
       (D) to assess the Government of Japan's implementation and 
     enforcement of export controls on sensitive technologies with 
     respect to the People's Republic of China, including the 
     implementation of export controls on semiconductor 
     manufacturing equipment.
       (2) Consultation with aukus officials.--In carrying out the 
     engagement required by paragraph (1), the State AUKUS 
     Coordinator and the Defense AUKUS Coordinator shall consult 
     with relevant AUKUS officials from the United Kingdom and 
     Australia.
       (b) Briefing Requirement.--Not later than 30 days after the 
     date of the engagement required by subsection (a), the State 
     AUKUS Coordinator and the Defense AUKUS Coordinator shall 
     jointly brief the appropriate congressional committees on the 
     following:
       (1) The findings of that engagement.
       (2) A strategy for follow-on engagement.

     SEC. 1294. ASSESSMENT OF POTENTIAL FOR COOPERATION WITH JAPAN 
                   ON AUKUS PILLAR TWO.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of State, with the concurrence of the 
     Secretary of Defense, shall submit to the appropriate 
     congressional committees a report assessing the potential for 
     cooperation with Japan on Pillar Two of the AUKUS 
     partnership, detailing the following:
       (1) Projects the Government of Japan is engaged in related 
     to the development of advanced defense capabilities under 
     Pillar Two of the AUKUS partnership.
       (2) The average and median length of time it takes to 
     approve licenses to export products on the United States 
     Munitions List and the Commerce Control List to Japan.
       (3) Areas of potential cooperation with Japan on advanced 
     defense capabilities within and outside the scope of Pillar 
     Two of the AUKUS partnership.
       (4) The Secretaries' assessment of the current export 
     control system of Japan, including--
       (A) the procedures under that system for protecting 
     classified and sensitive defense, diplomatic, and economic 
     information;
       (B) the effectiveness of that system in protecting such 
     information; and
       (C) such other matters as the Secretaries consider 
     appropriate.
       (5) Any reforms by Japan that the Secretary of State 
     considers necessary before considering including Japan in the 
     privileges provided under Pillar Two of the AUKUS 
     partnership.
       (6) Any recommendations regarding the scope and conditions 
     of potential cooperation with Japan under Pillar Two of the 
     AUKUS partnership.
       (7) A strategy and forum for communicating the potential 
     benefits of and requirements for engaging in projects related 
     to Pillar Two of the AUKUS partnership with the Government of 
     Japan.
       (8) Any views provided by AUKUS officials from the United 
     Kingdom and Australia on issues relevant to the report, and a 
     plan for cooperation with such officials on future engagement 
     with the Government of Japan related to Pillar Two of the 
     AUKUS partnership.
                                 ______
                                 
  SA 2105. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
                   ADVERSARY MARITIME MILITIA.

       (a) In General.--On and after the date that is 90 days 
     after the date of the enactment of this Act, the President 
     may impose the sanctions described in subsection (d) with 
     respect to any foreign adversary entity that the Secretary of 
     State, in coordination with the Secretary of the Treasury, 
     determines--
       (1) has contributed to, engaged in, or directly or 
     indirectly supports--
       (A) the maritime militia of a foreign adversary;
       (B) provision of logistical support to such a militia, 
     including provision of at-sea or at-port refueling or any 
     other on-shore services, such as repair and servicing;
       (C) the construction of vessels used by such a militia;
       (D) the direction or control of such a militia, including 
     directing activities that inhibit or coerce another country 
     from protecting its sovereign rights or access to vessels or 
     territory under its control; or
       (E) other activities that may support, sustain, or enable 
     the activities of such a militia; or
       (2) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services to, or in support of, any person subject to 
     sanctions pursuant to paragraph (1).
       (b) Exceptions.--

[[Page S4303]]

       (1) Exception for intelligence activities.--Sanctions under 
     this section shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception relating to importation of goods.--
       (A) In general.--The authority to impose sanctions under 
     this section shall not include the authority to impose 
     sanctions on the importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment and excluding technical data.
       (c) Waiver.--The President may waive the application of 
     sanctions under this section with respect to a foreign 
     adversary entity for renewable periods of not more than 180 
     days each if the President determines and reports to Congress 
     that such a waiver is vital to the national security 
     interests of the United States.
       (d) Sanctions Described.--The sanctions described in this 
     subsection are the exercise of the authorities provided to 
     the President under the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary 
     to block and prohibit all transactions in property and 
     interests in property of a foreign adversary entity subject 
     to subsection (a) if such property or interests in property 
     are in the United States, come within the United States, or 
     are or come within the possession or control of a United 
     States person.
       (e) Implementation; Penalties.--
       (1) Implementation.--The President may exercise the 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to the extent necessary to carry out 
     this section.
       (2) Procedures and guidelines for sanctions.--The President 
     shall establish procedures and guidelines for the 
     implementation and enforcement of sanctions imposed under 
     this section.
       (3) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (d) or any regulation, license, or order issued to 
     carry out that subsection shall be subject to the penalties 
     set forth in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (4) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of subsection (d).
       (f) Engagement With Allies and Partners With Respect to 
     Maritime Militia of People's Republic of China.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Secretary of State shall submit to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives a report on the 
     efforts of the United States to engage with foreign allies 
     and partners with territorial or security interests in the 
     South China Sea, East China Sea, Philippine Sea, and other 
     maritime areas of interest to coordinate efforts to counter 
     malign activities of the maritime militia of the People's 
     Republic of China.
       (g) Definitions.--In this section:
       (1) Foreign adversary.--The term ``foreign adversary'' 
     means a country specified in section 7.4(a) of title 15, Code 
     of Federal Regulations.
       (2) Foreign adversary entity.--The term ``foreign adversary 
     entity'' means an entity organized under the laws of or 
     otherwise subject to the jurisdiction of a foreign adversary.
       (3) Maritime militia.--The term ``maritime militia'' means 
     an organized civilian force that--
       (A) operates primarily in maritime domains, including 
     coastal waters, exclusive economic zones, and international 
     waters, and may use a variety of vessels, including fishing 
     boats, trawlers, and other commercial vessels;
       (B) is acting under the authority of, or is funded by, the 
     government of a country; and
       (C) is equipped and trained for the purpose of supporting 
     and advancing the geopolitical or strategic objectives of 
     that government, including asserting territorial claims, 
     safeguarding maritime interests of that country, and 
     conducting activities such as surveillance, reconnaissance, 
     intelligence gathering, and logistical support, and may 
     engage in coordinated activities with naval and other 
     military forces of that country.
       (4) Person.--The term ``person'' means an individual or 
     entity.
       (5) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.
                                 ______
                                 
  SA 2106. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XII, add the following:

     SEC. 1216. IMPROVEMENTS TO SECURITY COOPERATION INFORMATION 
                   PORTAL.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     take steps--
       (1) to review the Security Cooperation Information Portal 
     (in this section referred to as ``SCIP''); and
       (2) to improve stakeholder access to, and data completeness 
     and software functionality of, SCIP.
       (b) Requirements.--In carrying out subsection (a), the 
     Secretary shall ensure that--
       (1) the functionality and software of SCIP adequately 
     support the purpose of SCIP to reflect, accurately an in real 
     time, the status of individual foreign military sales cases 
     within the foreign military sales process;
       (2) SCIP--
       (A) includes data that allows users to track the progress 
     of all major milestones of a foreign military sales case;
       (B) may be accessed by--
       (i) relevant officials of the Department of State, 
     including personnel of the Bureau of Political-Military 
     Affairs and United States missions in foreign countries; and
       (ii) relevant officials of the Department of Defense, 
     including--

       (I) Defense Security Cooperation Agency personnel;
       (II) acquisitions personnel of the Program Executive 
     Offices;
       (III) acquisition program managers;
       (IV) relevant contracting officers;
       (V) personnel of the combatant commands;
       (VI) United States security cooperation organization 
     personnel; and
       (VII) defense attaches stationed at United States missions 
     in foreign countries; and

       (C) is equipped with a capability by which personnel 
     described in subparagraph (B) may effectively input and 
     access relevant information and data; and
       (3) any other improvement the Secretary considers necessary 
     to enhance the overall effectiveness and usefulness of SCIP 
     is timely implemented.
       (c) Report and Briefing.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit a 
     report and provide a briefing to the appropriate committees 
     of Congress on the steps taken under subsections (a) and (b) 
     to review and improve SCIP.
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Affairs of the 
     House of Representatives.
                                 ______
                                 
  SA 2107. Mr. ROMNEY (for himself, Ms. Cortez Masto, Mr. Lankford, Mr. 
Brown, Mr. Cornyn, and Mr. Young) submitted an amendment intended to be 
proposed by him to the bill S. 4638, to authorize appropriations for 
fiscal year 2025 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1266. REPORT ON ECONOMIC INTEGRATION BETWEEN THE UNITED 
                   STATES AND THE PEOPLE'S REPUBLIC OF CHINA AND 
                   RISKS TO THE NATIONAL SECURITY OF THE UNITED 
                   STATES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, and every 3 years thereafter for 
     15 years, the President, acting through the Director of the 
     Office of Management and Budget (in this section referred to 
     as the ``Director'' ), and in consultation with the officials 
     specified in subsection (c), shall submit to Congress a 
     report on--
       (1) the state of economic integration between the United 
     States and the People's Republic of China; and
       (2) the risks that integration poses to the national 
     security interests of the United States.
       (b) Elements.--Each report required by subsection (a) shall 
     include the following:
       (1) An assessment of the current level of economic 
     integration between the United States and the People's 
     Republic of China in each priority sector.
       (2) An assessment of how economic integration between the 
     United States and the People's Republic of China has changed 
     since 2000, and is predicted to change during the 3 years 
     following submission of the report, for each priority sector.
       (3) An analysis of the extent to which the degree of 
     current or predicted economic integration between the United 
     States and the People's Republic of China in each priority 
     sector presents significant risks to the national security of 
     the United States. The

[[Page S4304]]

     analysis with respect to each such sector shall address the 
     following:
       (A) The sector's reliance on entities organized under the 
     laws of, or otherwise subject to the jurisdiction of, the 
     People's Republic of China, including entities owned or 
     controlled by the Government of the People's Republic of 
     China, for foreign direct investment and other sources of 
     financial capital.
       (B) The sector's reliance on supply chains that have a 
     significant dependence on products or processes based in the 
     People's Republic of China.
       (C) An assessment of the risks of intellectual property 
     theft or economic espionage by individuals or entities linked 
     to or subject to the control of the Government of the 
     People's Republic of China or the Chinese Communist Party.
       (D) An assessment of the risks to the defense industrial 
     base of the United States.
       (E) An assessment of the risks posed by the use of 
     subsidies and the dumping of goods into the customs territory 
     of the United States by entities in the People's Republic of 
     China, including entities owned or controlled by the 
     Government of the People's Republic of China.
       (4) Recommendations for steps the United States Government 
     should take to mitigate the risks identified under paragraph 
     (3).
       (5) Any other information the Director considers 
     appropriate.
       (c) Officials Specified.--The officials specified in this 
     subsection are the following:
       (1) The Secretary of State.
       (2) The Secretary of the Treasury.
       (3) The Secretary of Defense.
       (4) The Attorney General.
       (5) The Secretary of the Interior.
       (6) The Secretary of Commerce.
       (7) The Secretary of Health and Human Services.
       (8) The Secretary of Energy.
       (9) The Secretary of Homeland Security.
       (10) The United States Trade Representative.
       (11) The Director of National Intelligence.
       (12) The Director of the National Science Foundation.
       (13) The head of any other agency the Director considers 
     appropriate.
       (d) Consultation Authority.--In developing a report 
     required by subsection (a), the Director may consult with any 
     nongovernmental entity that the Director considers necessary.
       (e) Form of Report.--Each report required by subsection (a) 
     shall be submitted to Congress in unclassified form but may 
     include a classified annex.
       (f) Applicability of FOIA.--Nothing in this section, or in 
     a report required by subsection (a), shall be construed to 
     allow the disclosure of information or a record that is 
     exempt from public disclosure under section 552 of title 5, 
     United States Code (commonly known as the ``Freedom of 
     Information Act'').
       (g) Applicability of Paperwork Reduction Act.--Subchapter I 
     of chapter 35 of title 44, United States Code (commonly known 
     as the ``Paperwork Reduction Act''), shall not apply to this 
     section.
       (h) Priority Sector Defined.--In this section, the term 
     ``priority sector'' means one of the following elements of an 
     economy:
       (1) Financial services.
       (2) Critical minerals (as defined in section 7002(a) of the 
     Energy Act of 2020 (30 U.S.C. 1606(a))), including rare-earth 
     elements, that the Secretary of Defense determines to be 
     important to the national security of the United States.
       (3) Semiconductors and microelectronics.
       (4) Artificial intelligence.
       (5) Communications, including telecommunications, social 
     media applications, satellites and other space-based systems, 
     and undersea cables.
       (6) Quantum computing.
       (7) Cloud-based systems, including computing services and 
     data storage.
       (8) Biotechnology.
       (9) Pharmaceuticals and medical technology, including 
     medical devices.
       (10) Manufacturing processes, particularly casting, 
     machining, joining, and forming.
                                 ______
                                 
  SA 2108. Mr. ROMNEY (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title IX, add the following:

  Subtitle C--Expansion of Authorities of Office of Strategic Capital

     SEC. 931. SHORT TITLE.

       This subtitle may be cited as the ``Investing in Our 
     Defense Act of 2024''.

     SEC. 932. AUTHORIZATION TO MAKE EQUITY INVESTMENTS.

       (a) In General.--Section 149 of title 10, United States 
     Code, as amended by section 913, is further amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Equity Investments.--
       ``(1) In general.--The Office may, as a minority investor, 
     support eligible investments with funds or use other 
     mechanisms for the purpose of purchasing, and may make and 
     fund commitments to purchase, invest in, make pledges in 
     respect of, or otherwise acquire, equity or quasi-equity 
     securities or shares or financial interests of any entity, 
     upon such terms and conditions as the Director may determine.
       ``(2) Limitations on equity investments.--
       ``(A) Per project limit.--The aggregate amount of support 
     provided under this subsection with respect to any eligible 
     investment shall not exceed 20 percent of the aggregate 
     amount of all equity investment made to the project at the 
     time that the Office approves support for the eligible 
     investment.
       ``(B) Total limit.--Support provided under this subsection 
     shall be limited to not more than 35 percent of the aggregate 
     exposure of the Office on the date on which the support is 
     provided.
       ``(3) Sales and liquidation of support.--The Office shall 
     seek to sell and liquidate any support for an eligible 
     investment provided under this subsection as soon as 
     commercially feasible, commensurate with other similar 
     investors in the project and taking into consideration the 
     national security interests of the United States.
       ``(4) Timetable.--The Office shall create an eligible 
     investment-specific timetable for support provided under 
     paragraph (1).
       ``(5) Budgetary treatment of equity investments.--Support 
     provided under this subsection shall constitute a credit 
     program under the Federal Credit Reform Act of 1990 (2 U.S.C. 
     621 et seq.), and the budgetary cost of equity investments 
     shall accordingly be calculated on a net-present basis.''.
       (b) Conforming Amendment.--Subsection (f)(1) of such 
     section, as redesignated by subsection (a), is further 
     amended by inserting ``, equity investment'' after ``loan 
     guarantee''.

     SEC. 933. AUTHORIZATION TO COLLECT FEES FOR PROVIDING CAPITAL 
                   INVESTMENTS.

       Section 149 of title 10, United States Code, as amended by 
     section 932, is further amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Fee Authority.--The Director may charge and collect 
     fees for providing capital assistance in amounts to be 
     determined by the Director. Such fees, once collected, may be 
     used only for the purposes and to the extent provided in 
     advance by appropriations Acts.''.

     SEC. 934. HIRING AUTHORITIES.

       Section 149 of title 10, United States Code, as amended by 
     sections 932 and 933, is further amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Officers and Employees.--
       ``(1) In general.--Except as otherwise provided in this 
     section, officers, employees, and agents of the Office shall 
     be selected and appointed by the Director, and shall be 
     vested with such powers and duties as the Director may 
     determine.
       ``(2) Administratively determined employees.--
       ``(A) Appointment; compensation; removal.--Of officers and 
     employees employed by the Office under paragraph (1), not 
     more than 50 may be appointed, compensated, or removed 
     without regard to title 5.
       ``(B) Reinstatement.--Under such regulations as the 
     Secretary of Defense may prescribe, officers and employees 
     appointed to a position under subparagraph (A) may be 
     entitled, upon removal from such position (unless the removal 
     was for cause), to reinstatement to the position occupied at 
     the time of appointment or to a position of comparable grade 
     and salary.
       ``(C) Additional positions.--Positions authorized by 
     subparagraph (A) shall be in addition to those otherwise 
     authorized by law, including positions authorized under 
     section 5108 of title 5.
       ``(D) Rates of pay for officers and employees.--The 
     Director may set and adjust rates of basic pay for officers 
     and employees appointed under subparagraph (A) without regard 
     to the provisions of chapter 51 or subchapter III of chapter 
     53 of title 5, relating to classification of positions and 
     General Schedule pay rates, respectively.''.
                                 ______
                                 
  SA 2109. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STUDY ON CYBER, ARTIFICIAL INTELLIGENCE, AND DATA 
                   ANALYSIS EXPERIENCE OR KNOWLEDGE OF SENIOR 
                   OFFICERS IN CERTAIN ROLES.

       (a) Identification of Relevant Senior Officer Roles.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Defense shall submit to the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives a report that 
     identifies a list of senior officer positions at the

[[Page S4305]]

     O-7 level or higher that require significant experience in or 
     knowledge of cyber, artificial intelligence, and data 
     analysis.
       (b) Study.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall 
     complete a study on the extent of experience in or knowledge 
     of the cyber, artificial intelligence, and data analysis 
     fields of the officers occupying the positions identified in 
     the report required by subsection (a).
       (c) Elements of the Study.--The study described in 
     subsection (b) shall--
       (1) assess what, if any, experience in or knowledge of the 
     cyber, artificial intelligence, or data analysis fields are 
     required before being eligible for the positions identified 
     in the report required by subsection (a);
       (2) evaluate the relevant training in cyber, artificial 
     intelligence, and data analysis that each military department 
     provides to prepare officers for such positions;
       (3) assess whether each military department is placing 
     adequate value on experience in or knowledge of the cyber, 
     artificial intelligence, or data analysis fields when 
     evaluating officers for the positions identified in the 
     report required by subsection (a); and
       (4) include recommendations for each Secretary concerned 
     (as defined in section 101 of title 10, United States Code) 
     regarding potential additional requirements to increase the 
     value placed on experience in or knowledge of the cyber, 
     artificial intelligence, or data analysis fields when 
     individuals are being considered for the positions identified 
     in the report required by subsection (a).
       (d) 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 the 
     findings of the Secretary with respect to the study completed 
     pursuant to subsection (b).
                                 ______
                                 
  SA 2110. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CYBER, ARTIFICIAL INTELLIGENCE, AND DATA ANALYSIS 
                   TRAINING FOR CERTAIN SENIOR OFFICER ROLES.

       (a) Identification of Relevant Senior Officer Roles.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Defense shall submit to the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives a report that 
     identifies a list of senior officer positions at the O-7 
     level or higher that require significant experience in or 
     knowledge of cyber, artificial intelligence, and data 
     analysis.
       (b) Training Requirements.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of each 
     military department shall issue regulations requiring that 
     for a senior officer to be eligible for a position identified 
     in the report required by subsection (a), the officer must 
     have received training on cyber, artificial intelligence, and 
     data analysis tools and capabilities.
       (c) Elements.--The training requirements issued pursuant to 
     subsection (b) shall include information relating to--
       (1) the cyber, artificial intelligence, and data analysis 
     capabilities and tools for the military departments and the 
     Department of Defense;
       (2) the potential value of cyber, artificial intelligence, 
     and data analysis capabilities and tools for the position for 
     which the officer is eligible for promotion and relevant use 
     cases; and
       (3) resources available to better understand cyber, 
     artificial intelligence, and data analysis capabilities and 
     tools.
       (d) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the requirements 
     issued pursuant to subsection (b).
                                 ______
                                 
  SA 2111. Mr. ROMNEY (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TELEWORK.

       (a) In General.--Chapter 65 of title 5, United States Code, 
     is amended--
       (1) in section 6502--
       (A) in subsection (b)(2)--
       (i) in subparagraph (A), by striking ``and'' at the end; 
     and
       (ii) by adding at the end the following:
       ``(C) provides that, subject to subsection (d), an employee 
     may not telework for more than 40 percent of the work days of 
     the employee per pay period;
       ``(D) shall be reviewed on an annual basis by, and be 
     subject to the annual approval of, the head of the executive 
     agency; and
       ``(E) provides that the executive agency, by using remote 
     technical means or other appropriate methods, will monitor 
     and evaluate the applicable employee when the employee is 
     engaged in telework;''; and
       (B) by adding at the end the following:
       ``(d) Adjustments to the Permitted Number of Telework 
     Days.--With respect to the limitation under subsection 
     (b)(2)(C), the head of an executive agency may--
       ``(1) further limit the number of work days per pay period 
     that an employee of the executive agency may telework based 
     on the specific role of the employee or other circumstances 
     determined appropriate by the head of the executive agency, 
     including--
       ``(A) the frequency with which the employee needs to access 
     classified information;
       ``(B) whether the employee is newly appointed; and
       ``(C) whether the employee occupies a managerial position 
     within the executive agency; or
       ``(2) waive that limitation with respect to an employee of 
     the executive agency if--
       ``(A) the employee is a spouse of--
       ``(i) a member of the Armed Forces; or
       ``(ii) a Federal law enforcement officer;
       ``(B) the employee occupies a position--
       ``(i) the duties of which require--

       ``(I) highly specialized expertise; or
       ``(II) frequent travel; or

       ``(ii) for which finding qualified candidates is 
     challenging; or
       ``(C) inclement weather or other exigent circumstances 
     prevent the employee from reaching the worksite of the 
     employee during a pay period.''; and
       (2) in section 6506, by adding at the end the following:
       ``(e) Executive Agency Reports.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, and annually thereafter, the 
     head of each executive agency shall submit to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Oversight and Accountability of the 
     House of Representatives a report that describes, for the 
     period covered by the report, the following:
       ``(A) What metrics and methods the executive agency uses to 
     determine the productivity of employees who telework.
       ``(B) What barriers, if any, prevent the executive agency 
     from enforcing the limitation under section 6502(b)(2)(C) and 
     any initiatives of the executive agency to address those 
     barriers.
       ``(C) Any negative effects of telework, including whether 
     telework results in increased costs, security 
     vulnerabilities, lower employee morale, decreased employee 
     productivity, or waste, fraud, or abuse.
       ``(D) Any actions taken by the executive agency (or a 
     detailed justification for any lack of action) in response to 
     any findings of, or recommendations made by, the Inspector 
     General of the executive agency with respect to telework.
       ``(2) GAO report.--With respect to each report submitted by 
     the head of an executive agency under paragraph (1), the 
     Comptroller General of the United States shall submit an 
     accompanying report that evaluates the accuracy and 
     thoroughness of the report submitted by the head of the 
     executive agency with respect to the matters required to be 
     included in the report of the executive agency under that 
     paragraph.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is 180 days after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 2112. Mr. ROMNEY (for himself and Ms. Hassan) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of division A, add the following:

              TITLE XVII--EXPORT ENFORCEMENT COORDINATION

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Export Controls 
     Enforcement Improvement Act of 2024''.

     SEC. 1702. ESTABLISHMENT OF EXPORT ENFORCEMENT COORDINATION 
                   CENTER.

       (a) Establishment.--The Secretary of Homeland Security 
     shall establish, within the Department of Homeland Security 
     for administrative purposes, an interagency Federal Export 
     Enforcement Coordination Center (in this title referred to as 
     the ``Center'').
       (b) Purposes.--The Center shall coordinate on matters 
     relating to export enforcement among the following:
       (1) The Department of State.
       (2) The Department of the Treasury.
       (3) The Department of Defense.
       (4) The Department of Justice.
       (5) The Department of Commerce.
       (6) The Department of Energy.
       (7) The Department of Homeland Security.
       (8) The Office of the Director of National Intelligence.

[[Page S4306]]

       (9) Such other executive branch departments, agencies, or 
     offices as the President, from time to time, may designate.
       (c) Functions.--The Center shall--
       (1) serve as the primary forum within the Federal 
     Government for executive departments and agencies--
       (A) to coordinate and enhance the export control 
     enforcement efforts of those departments and agencies; and
       (B) to identify and resolve conflicts that have not been 
     otherwise resolved in criminal and administrative 
     investigations and actions involving violations of the export 
     control laws of the United States;
       (2) serve as a conduit between Federal law enforcement 
     agencies and the intelligence community (as defined in 
     section 3(4) of the National Security Act of 1947 (50 U.S.C. 
     3003(4))) for the exchange of information related to 
     potential violations of United States export controls;
       (3) serve as a primary point of contact between enforcement 
     authorities and agencies engaged in export licensing;
       (4) coordinate law enforcement public outreach activities 
     related to United States export controls; and
       (5) establish governmentwide statistical tracking 
     capabilities for United States criminal and administrative 
     export control enforcement activities, to be conducted by the 
     Department of Homeland Security with information provided by 
     and shared with all relevant departments and agencies 
     participating in the Center.
       (d) Director; Other Personnel.--
       (1) Director.--
       (A) In general.--The Center shall have a Director, who 
     shall be a full-time senior officer or employee of the 
     Department of Homeland Security, designated by the Secretary 
     of Homeland Security.
       (B) Functions of director.--The Director shall--
       (i) convene and preside at meetings of the Center;
       (ii) determine the agenda for those meetings;
       (iii) direct the work of the Center; and
       (iv) as appropriate to particular subject matters, organize 
     and coordinate subgroups of the members of the Center.
       (2) Deputy directors.--The Center shall have 2 Deputy 
     Directors, who shall be full-time senior officers or 
     employees of the Department of Commerce and the Department of 
     Justice, designated by the Secretary of Commerce and the 
     Attorney General, respectively, detailed to the Center and 
     reporting to the Director.
       (3) Intelligence community liaison.--The Center shall have 
     an Intelligence Community Liaison, who shall be a full-time 
     senior officer or employee of the Federal Government, 
     designated by the Director of National Intelligence, and 
     detailed or assigned to the Center.
       (4) Staff.--
       (A) In general.--The Center shall have a full-time staff 
     reporting to the Director.
       (B) Detailees.--Executive departments and agencies 
     specified in subsection (b) shall detail or assign their 
     employees to the Center.
       (e) Administration.--The Department of Homeland Security 
     shall operate and provide funding and administrative support 
     for the Center to the extent permitted by law and subject to 
     the availability of appropriations.
       (f) Website.--The Director of the Center may establish a 
     publicly accessible website for the Center with a domain name 
     that is independent of websites of the Department of Homeland 
     Security.

     SEC. 1703. UNLAWFUL TRANSSHIPMENT AND DIVERSION OF EXPORTS.

       (a) In General.--The Center shall--
       (1) serve as a primary forum for the coordination of export 
     control enforcement efforts focused on unlawful transshipment 
     and diversion of exports; and
       (2) develop best practices for executive departments and 
     agencies to improve efforts to combat the unlawful 
     transshipment and diversion of exports.
       (b) Areas of Focus.--In carrying out the duties described 
     in subsection (a), the Center shall focus its efforts on, 
     among other matters--
       (1) sensitive technologies, including technologies relating 
     to--
       (A) semiconductors;
       (B) the development of advanced artificial intelligence 
     capabilities; and
       (C) the development of quantum technology components and 
     capabilities; and
       (2) the unlawful transshipment and diversion of exports 
     to--
       (A) the People's Republic of China;
       (B) the Russian Federation;
       (C) the Islamic Republic of Iran; and
       (D) the Democratic People's Republic of Korea.
       (c) Notice to the Private Sector.--In carrying out the 
     duties described in subsection (a), the Center shall develop 
     best practices for and support the dissemination of specific 
     and actionable information about transshipment and diversion 
     risks to relevant private sector entities on a timely basis, 
     as appropriate.

     SEC. 1704. REPORTS ON POSTINGS OF UNITED STATES AND FOREIGN 
                   LAW ENFORCEMENT OFFICIALS.

       (a) Report on Foreign Postings of Law Enforcement Agents.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Director of the Center shall submit to Congress 
     a report that includes--
       (1) an assessment of the value of increasing the number of 
     law enforcement officials posted in foreign countries to 
     enhance export control enforcement efforts focused on the 
     unlawful transshipment and diversion of exports;
       (2) an analysis of specific countries, regions, and 
     shipping routes that pose a heightened risk with respect to 
     such transshipment and diversion; and
       (3) an assessment of resources required to increase the 
     number of law enforcement officials posted in foreign 
     countries pursuant to paragraph (1).
       (b) Report on Postings of Foreign Officials at the 
     Center.--Not later than one year after the date of the 
     enactment of this Act, the Director of the Center shall 
     submit to Congress a report that includes--
       (1) an assessment of the value of hosting foreign law 
     enforcement or other officials at the Center;
       (2) an assessment of which countries would provide the most 
     value for the United States Government in posting officials 
     at the Center; and
       (3) an assessment of what, if any, changes to statute, 
     regulation, or policy would be required to host foreign 
     officials at the Center.

     SEC. 1705. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Homeland Security for fiscal year 2025 $25,000,000 for the 
     costs of establishing the Center.
                                 ______
                                 
  SA 2113. Mr. CARDIN (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1095. ESTABLISHMENT OF AVIATION SECURITY CHECKPOINT 
                   TECHNOLOGY FUND.

       (a) In General.--Section 44923 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsection (i) as subsection (j); and
       (2) by inserting after subsection (h) the following new 
     subsection:
       ``(i) Aviation Security Checkpoint Technology Fund.--
       ``(1) In general.--There is established within the 
     Department of Homeland Security a fund to be known as the 
     Aviation Security Checkpoint Technology Fund (in this 
     subsection referred to as the `ASCT Fund'). The second 
     $250,000,000 from fees received under section 44940(a)(1) in 
     each of fiscal years 2024 through 2028 shall be available to 
     be deposited in the ASCT Fund. The Administrator of the 
     Transportation Security Administration shall impose the fee 
     authorized by section 44940(a)(1) so as to collect not less 
     than $250,000,000 in each of such fiscal years for deposit 
     into the ASCT Fund. Amounts in the ASCT Fund shall be 
     available until expended to the Administrator of the 
     Transportation Security Administration to fund the 
     procurement, test, deployment, and post-deployment 
     enhancements of aviation security checkpoint technology.
       ``(2) TSA briefing.--Not later than 180 days after the date 
     of the enactment of this subsection and quarterly thereafter 
     for 5 years, the Administrator of the Transportation Security 
     Administration shall brief the Committee on Homeland Security 
     and the Committee on Appropriations of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation and the Committee on Appropriations of the 
     Senate regarding planned procurement, test, deployment, and 
     post-deployment enhancement efforts of aviation security 
     checkpoint technology at airport checkpoints through amounts 
     made available from the ASCT Fund.''.
       (b) Conforming Amendment.--Section 44940(i)(1) of title 49, 
     United States Code, is amended by striking ``section 
     44923(h)'' and inserting ``subsections (h) and (i) of section 
     44923''.
                                 ______
                                 
  SA 2114. Mr. CARDIN (for himself and Mr. Van Hollen) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1095. NBACC AUTHORIZATION ACT OF 2024.

       (a) Short Title.--This section may be cited as the 
     ``National Biodefense Analysis and Countermeasures Center 
     Authorization Act of 2024'' or the ``NBACC Authorization Act 
     of 2024''.
       (b) National Biodefense Analysis and Countermeasures 
     Center.--
       (1) In general.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 324. NATIONAL BIODEFENSE ANALYSIS AND COUNTERMEASURES 
                   CENTER.

       ``(a) In General.--The Secretary, acting through the Under 
     Secretary for Science and

[[Page S4307]]

     Technology, shall designate the laboratory described in 
     subsection (b) as an additional laboratory pursuant to the 
     authority under section 308(c)(2), which shall be the lead 
     Federal facility dedicated to defending the United States 
     against biological threats by--
       ``(1) understanding the risks posed by intentional, 
     accidental, and natural biological events; and
       ``(2) providing the operational capabilities to support the 
     investigation, prosecution, and prevention of biocrimes and 
     bioterrorism.
       ``(b) Laboratory Described.--The laboratory described in 
     this subsection may be a federally funded research and 
     development center--
       ``(1) known, as of the date of enactment of this section, 
     as the National Biodefense Analysis and Countermeasures 
     Center;
       ``(2) that may include--
       ``(A) the National Bioforensic Analysis Center, which 
     conducts technical analyses in support of Federal law 
     enforcement investigations; and
       ``(B) the National Biological Threat Characterization 
     Center, which conducts experiments and studies to better 
     understand biological vulnerabilities and hazards; and
       ``(3) transferred to the Department pursuant to 
     subparagraphs (A), (D), and (F) of section 303(1) and section 
     303(2).
       ``(c) Laboratory Activities.--The National Biodefense 
     Analysis and Countermeasures Center shall--
       ``(1) conduct studies and experiments to better understand 
     current and future biological threats and hazards and 
     pandemics;
       ``(2) provide the scientific data required to assess 
     vulnerabilities, conduct risk assessments, and determine 
     potential impacts to guide the development of 
     countermeasures;
       ``(3) conduct and facilitate the technical forensic 
     analysis and interpretation of materials recovered following 
     a biological attack, or in other law enforcement 
     investigations requiring evaluation of biological materials, 
     in support of the appropriate lead Federal agency;
       ``(4) coordinate with other national laboratories to 
     enhance research capabilities, share lessons learned, and 
     provide training more efficiently;
       ``(5) collaborate with the Homeland Security Enterprise, as 
     defined in section 2200, to plan and conduct research to 
     address gaps and needs in biodefense; and
       ``(6) carry out other such activities as the Secretary 
     determines appropriate.
       ``(d) Work for Others.--The National Biodefense Analysis 
     and Countermeasures Center shall engage in a continuously 
     operating Work for Others program to make the unique 
     biocontainment and bioforensic capabilities of the National 
     Biodefense Analysis and Countermeasures Center available to 
     other Federal agencies.
       ``(e) Facility Repair and Routine Equipment Replacement.--
     The National Biodefense Analysis and Countermeasures Center 
     shall--
       ``(1) perform regularly scheduled and required maintenance 
     of laboratory infrastructure; and
       ``(2) procure mission-critical equipment and capability 
     upgrades.
       ``(f) Facility Mission Needs Assessment.--
       ``(1) In general.--To address capacity concerns and 
     accommodate future mission needs and advanced capabilities, 
     the Under Secretary for Science and Technology shall conduct 
     a mission needs assessment, to include scoping for potential 
     future needs or expansion, of the National Biodefense 
     Analysis and Countermeasures Center.
       ``(2) Submission.--Not later than 120 days after the date 
     of enactment of this section, the Under Secretary for Science 
     and Technology shall provide the assessment conducted under 
     paragraph (1) to--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs and the Subcommittee on Homeland Security 
     Appropriations of the Committee on Appropriations of the 
     Senate; and
       ``(B) the Committee on Homeland Security and the 
     Subcommittee on Homeland Security Appropriations of the 
     Committee on Appropriations of the House of Representatives.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to support 
     the activities of the laboratory designated under this 
     section.
       ``(h) Rule of Construction.--Nothing in this section may be 
     construed as affecting in any manner the authorities or 
     responsibilities of the Countering Weapons of Mass 
     Destruction Office of the Department.''.
       (2) Technical and conforming amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 323 the following:

``Sec. 324. National Biodefense Analysis and Countermeasures Center.''.
                                 ______
                                 
  SA 2115. Mr. CORNYN (for himself and Mr. King) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 10__. REPORTS ON CRITICAL MINERAL AND RARE EARTH ELEMENT 
                   RESOURCES.

       (a) Short Title.--This section may be cited as the 
     ``Critical Minerals Security Act of 2024''.
       (b) Definitions.--In this section:
       (1) Covered nation.--The term ``covered nation'' has the 
     meaning given that term in section 4872 of title 10, United 
     States Code.
       (2) Critical mineral.--The term ``critical mineral'' has 
     the meaning given that term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
       (3) Foreign entity of concern.--The term ``foreign entity 
     of concern'' has the meaning given that term in section 40207 
     of the Infrastructure Investment and Jobs Act (42 U.S.C. 
     18741)
       (4) Rare earth elements.--The term ``rare earth elements'' 
     means cerium, dysprosium, erbium, europium, gadolinium, 
     holmium, lanthanum, lutetium, neodymium, praseodymium, 
     promethium, samarium, scandium, terbium, thulium, ytterbium, 
     and yttrium.
       (5) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.
       (c) Reports on Critical Mineral and Rare Earth Element 
     Resources.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and every 2 years thereafter, the 
     Secretary of the Interior, in consultation with the Secretary 
     of Energy and the heads of other relevant Federal agencies, 
     shall submit to Congress a report on all critical mineral and 
     rare earth element resources (including recyclable or 
     recycled materials containing such resources) around the 
     world that includes--
       (A) an assessment of--
       (i) which of such resources are under the control of a 
     foreign entity of concern, including through ownership, 
     contract, or economic or political influence;
       (ii) which of such resources are owned by, controlled by, 
     or subject to the jurisdiction or direction of the United 
     States or a country that is an ally or partner of the United 
     States;
       (iii) which of such resources are not owned by, controlled 
     by, or subject to the jurisdiction or direction of a foreign 
     entity of concern or a country described in clause (ii); and
       (iv) in the case of such resources not undergoing 
     commercial mining, the reasons for the lack of commercial 
     mining;
       (B) for each mine from which significant quantities of 
     critical minerals or rare earth elements are being extracted, 
     as of the date that is one year before the date of the 
     report--
       (i) an estimate of the annual volume of output of the mine 
     as of that date;
       (ii) an estimate of the total volume of mineral or elements 
     that remain in the mine as of that date;
       (iii)(I) an identification of the country and entity 
     operating the mine; or
       (II) if the mine is operated by more than one country or 
     entity, an estimate of the output of each mineral or element 
     from the mine to which each such country or entity has 
     access; and
       (iv) an identification of the ultimate beneficial owners of 
     the mine and the percentage of ownership held by each such 
     owner;
       (C) for each mine not described in subparagraph (B), to the 
     extent practicable--
       (i) an estimate of the aggregate annual volume of output of 
     the mines as of the date that is one year before the date of 
     the report;
       (ii) an estimate of the aggregate total volume of mineral 
     or elements that remain in the mines as of that date;
       (iii) an estimate of the aggregate total output of each 
     mineral or element from the mine to which a foreign entity of 
     concern has access;
       (D)(i) a list of key foreign entities of concern involved 
     in mining critical minerals and rare earth elements;
       (ii) a list of key entities in the United States and 
     countries that are allies or partners of the United States 
     involved in mining critical minerals and rare earth elements; 
     and
       (iii) an assessment of the technical feasibility of 
     entities listed under clauses (i) and (ii) mining and 
     processing resources identified under subparagraph (A)(iii) 
     using existing advanced technology;
       (E) an assessment, prepared in consultation with the 
     Secretary of State, of ways to collaborate with countries in 
     which mines, mineral processing operations, or recycling 
     operations (or any combination thereof) are located that are 
     operated by other countries, or are operated by entities from 
     other countries, to ensure ongoing access by the United 
     States and countries that are allies and partners of the 
     United States to those mines and processing or recycling 
     operations;
       (F) a list, prepared in consultation with the Secretary of 
     Commerce, identifying, to the maximum extent practicable, all 
     cases in which entities were forced to divest stock in 
     mining, processing, or recycling operations (or any 
     combination thereof) for critical minerals and rare earth 
     elements based on--
       (i) regulatory rulings of the government of a covered 
     nation;

[[Page S4308]]

       (ii) joint regulatory rulings of such a government and the 
     government of another country; or
       (iii) rulings of a relevant tribunal or other entity 
     authorized to render binding decisions on divestiture;
       (G) a list of all cases in which the government of a 
     covered nation purchased an entity that was forced to divest 
     stock as described in subparagraph (F); and
       (H) a list of all cases in which mining, processing, or 
     recycling operations (or any combination thereof) for 
     critical minerals and rare earth elements that were not 
     subject to a ruling described in subparagraph (F) were taken 
     over by--
       (i) the government of a covered nation; or
       (ii) an entity located in, or influenced or controlled by, 
     such a government.
       (2) Form of report.--Each report required by paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex, if necessary.
       (d) Process for Notifying United States Government of 
     Divestment.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of the Interior, in 
     consultation with the Secretary of State, shall establish a 
     process under which--
       (1) a United States person seeking to divest stock in 
     mining, processing, or recycling operations for critical 
     minerals and rare earth elements in a foreign country may 
     notify the Secretary of the intention of the person to divest 
     such stock; and
       (2) the Secretary may provide assistance to the person to 
     find a purchaser that is not under the control of the 
     government of a covered nation.
       (e) Strategy on Development of Advanced Mining, Refining, 
     Separation, Processing, and Recycling Technologies.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of the Interior, in 
     consultation with the Secretary of Energy and the heads of 
     other relevant Federal agencies, shall develop--
       (A) a strategy to collaborate with the governments of 
     countries that are allies and partners of the United States 
     to develop advanced mining, refining, separation, processing, 
     and recycling technologies; and
       (B) a method for sharing the intellectual property 
     resulting from the development of such technologies with 
     those countries to enable those countries to license such 
     technologies and mine, refine, separate, process, and recycle 
     the resources of such countries.
       (2) Reports required.--Not later than one year after the 
     date of the enactment of this Act, and annually thereafter, 
     the Secretary shall submit to Congress a report on the 
     progress made in developing the strategy and method described 
     in paragraph (1).

                          ____________________