[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4349-S4527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2116. Mr. MURPHY 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

[[Page S4350]]

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. ___. REPEAL OF LIMITATION ON USE OF FUNDS BY SECRETARY 
                   OF VETERANS AFFAIRS RELATING TO REPORTING OF 
                   THOSE ADJUDICATED AS MENTAL DEFECTIVE.

       Section 413 of division A of the Consolidated 
     Appropriations Act, 2024 (Public Law 118-42) is hereby 
     repealed.
                                 ______
                                 
  SA 2117. 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 end of subtitle D of title XXVIII, add the 
     following:

     SEC. 2857. MILITARY INSTALLATION RESILIENCE PROJECT 
                   ACCELERATION PROGRAM.

       (a) Establishment of Program.--Subchapter I of chapter 169 
     of title 10, United States Code, is amended by inserting 
     after section 2815a the following new section:

     ``Sec. 2815b. Military Installation Resilience Project 
       Acceleration Program

       ``(a) Establishment.--There is established in the Office of 
     the Secretary of Defense a program to be known as the 
     `Military Installation Resilience Project Acceleration 
     Program' (in this section referred to as the `Program').
       ``(b) Purpose.--The Program shall be conducted for the 
     purpose of accelerating the planning for and implementation 
     of projects and other actions on or related to a military 
     installation that are--
       ``(1) addressed in the military installation resilience 
     component of installation master plans developed in 
     accordance with section 2864(c) of this title;
       ``(2) identified as current or potential military 
     installation resilience projects under section 2815 of this 
     title;
       ``(3) identified as current or potential projects for the 
     improvement of stormwater management in accordance with 
     section 2815a of this title;
       ``(4) identified as suitable to preserve or enhance the 
     climate resilience of defense access roads in accordance with 
     section 210 of title 23;
       ``(5) identified as related to military installation 
     resilience in a current or potential intergovernmental 
     support agreement under section 2679 of this title;
       ``(6) identified as related to establishing and 
     supporting--
       ``(A) resilience coordinators for sentinel landscapes 
     designated in accordance with section 2693 of this title; or
       ``(B) Interagency Regional Coordinators established under 
     section 2872 of the National Defense Authorization Act for 
     Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 2864 note); 
     or
       ``(7) identified as related to conducting flood risk 
     management studies or projects on military installations or 
     operational ranges.
       ``(c) Identification of Projects and Other Actions.--The 
     Secretary of Defense shall establish a merit-based process 
     for identifying projects and other actions suitable for 
     funding through the Program.
       ``(d) Transfer Authority.--(1) To accomplish the purpose 
     under subsection (b), amounts appropriated for the Program 
     may be transferred by the Secretary of Defense to any of the 
     following accounts of the Department of Defense:
       ``(A) Operation and maintenance accounts.
       ``(B) Research, development, test, and evaluation accounts.
       ``(C) Military construction accounts.
       ``(D) Minor military construction accounts.
       ``(2) An amount transferred under paragraph (1) shall be--
       ``(A) merged with and deemed to increase the amount 
     authorized and appropriated for the account to which the 
     amount was transferred by an amount equal to the amount so 
     transferred; and
       ``(B) available for the same purposes as amounts in the 
     account to which transferred.
       ``(3) The transfer authority under this subsection is in 
     addition to any other transfer authority available to the 
     Department of Defense.
       ``(e) Rule of Construction.--Nothing in this section shall 
     be construed to require or enable any official of the 
     Department of Defense to provide funding under this section 
     pursuant to a community project funding request, as defined 
     in the Rules of the House of Representatives, or a 
     congressionally directed spending item, as defined in the 
     Standing Rules of the Senate.
       ``(f) Annual Reports.--(1) Not later than March 1 of each 
     year, the Secretary of Defense shall submit to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives a report on the Program.
       ``(2) Each report under paragraph (1) shall include the 
     following:
       ``(A) A description of the nature and status of the 
     projects or actions undertaken in whole or part with funds 
     appropriated for the Program.
       ``(B) An assessment of the effectiveness of such projects 
     or actions as part of a long-term strategy--
       ``(i) to ensure the resilience of military installations, 
     key supporting civilian infrastructure, and defense access 
     roads; and
       ``(ii) to improve the management of stormwater on or 
     related to a military installation.
       ``(C) An evaluation of the methodology and criteria used to 
     select and to establish priorities for projects and actions 
     funded in whole or part with funds appropriated for the 
     Program.
       ``(D) Such recommendations as the Secretary of Defense 
     considers appropriate for legislative or administrative 
     action to improve the efficiency and effectiveness of the 
     Program.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2815a the following new item:

``2815b. Military Installation Resilience Project Acceleration 
              Program.''.
                                 ______
                                 
  SA 2118. Mr. COONS (for himself, Mr. Graham, Mr. Tillis, Mr. King, 
Mr. Heinrich, Mr. Whitehouse, 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 XII, add the following:

  Subtitle G--United States Foundation for International Conservation

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``United States 
     Foundation for International Conservation Act of 2024''.

     SEC. 1292. 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) Board.--The term ``Board'' means the Board of Directors 
     established pursuant to section 1294(a).
       (3) Eligible country.--The term ``eligible country'' means 
     any country described in section 1297(b).
       (4) Eligible project.--The term ``eligible project'' means 
     any project described in section 1297(a)(2).
       (5) Executive director.--The term ``Executive Director'' 
     means the Executive Director of the Foundation hired pursuant 
     to section 1294(b).
       (6) Foundation.--The term ``Foundation'' means the United 
     States Foundation for International Conservation established 
     pursuant to section 1293(a).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

     SEC. 1293. UNITED STATES FOUNDATION FOR INTERNATIONAL 
                   CONSERVATION.

       (a) Establishment.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall establish the 
     United States Foundation for International Conservation, 
     which shall be operated as a charitable, nonprofit 
     corporation.
       (2) Independence.--The Foundation is not an agency or 
     instrumentality of the United States Government.
       (3) Tax-exempt status.--The Board shall take all necessary 
     and appropriate steps to ensure that the Foundation is an 
     organization described in subsection (c) of section 501 of 
     the Internal Revenue Code of 1986, which exempt the 
     organization from taxation under subsection (a) of such 
     section.
       (4) Termination of operations.--The Foundation shall 
     terminate operations on the date that is 10 years after the 
     date on which the Foundation becomes operational, in 
     accordance with--
       (A) a plan for winding down the activities of the 
     Foundation that the Board shall submit to the appropriate 
     congressional committees not later than 180 days before such 
     termination date; and
       (B) the bylaws established pursuant to section 1294(b)(13).
       (b) Purposes.--The purposes of the Foundation are--
       (1) to provide grants for the responsible management of 
     designated priority primarily protected and conserved areas 
     in eligible countries that have a high degree of biodiversity 
     or species and ecosystems of significant ecological value;
       (2) to promote responsible, long-term management of 
     primarily protected and conserved areas and their contiguous 
     buffer zones;
       (3) to incentivize, leverage, accept, and effectively 
     administer governmental and nongovernmental funds, including 
     donations from the private sector, to increase the 
     availability and predictability of financing for responsible, 
     long-term management of

[[Page S4351]]

     primarily protected and conserved areas in eligible 
     countries;
       (4) to help close critical gaps in public international 
     conservation efforts in eligible countries by--
       (A) increasing private sector investment, including 
     investments from philanthropic entities; and
       (B) collaborating with partners providing bilateral and 
     multilateral financing to support enhanced coordination, 
     including public and private funders, partner governments, 
     local protected areas authorities, and private and 
     nongovernmental organization partners;
       (5) to identify and financially support viable projects 
     that--
       (A) promote responsible, long-term management of primarily 
     protected and conserved areas and their contiguous buffer 
     zones in eligible countries, including support for the 
     management of terrestrial, coastal, freshwater, and marine 
     protected areas, parks, community conservancies, Indigenous 
     reserves, conservation easements, and biological reserves; 
     and
       (B) provide effective area-based conservation measures, 
     consistent with best practices and standards for 
     environmental and social safeguards; and
       (6) to coordinate with, consult, and otherwise support and 
     assist, governments, private sector entities, local 
     communities, Indigenous Peoples, and other stakeholders in 
     eligible countries in undertaking biodiversity conservation 
     activities--
       (A) to achieve measurable and enduring biodiversity 
     conservation outcomes; and
       (B) to improve local security, governance, food security, 
     and economic opportunities.
       (c) Plan of Action.--
       (1) In general.--Not later than 6 months after the 
     establishment of the Foundation, the Executive Director shall 
     submit for approval from the Board an initial 3-year Plan of 
     Action to implement the purposes of this subtitle, 
     including--
       (A) a description of the priority actions to be undertaken 
     by the Foundation over the proceeding 3-year period, 
     including a timeline for implementation of such priority 
     actions;
       (B) descriptions of the processes and criteria by which--
       (i) eligible countries, in which eligible projects may be 
     selected to receive assistance under this subtitle, will be 
     identified;
       (ii) grant proposals for Foundation activities in eligible 
     countries will be developed, evaluated, and selected; and
       (iii) grant implementation will be monitored and evaluated;
       (C) the projected staffing and budgetary requirements of 
     the Foundation during the proceeding 3-year period.
       (D) a plan to maximize commitments from private sector 
     entities to fund the Foundation.
       (2) Submission.--The Executive Director shall submit the 
     initial Plan of Action to the appropriate congressional 
     committees not later than 5 days after the Plan of Action is 
     approved by the Board.
       (3) Updates.--The Executive Director shall annually update 
     the Plan of Action and submit each such updated plan to the 
     appropriate congressional committees not later that 5 days 
     after the update plan is approved by the Board.

     SEC. 1294. GOVERNANCE OF THE FOUNDATION.

       (a) Executive Director.--There shall be in the Foundation 
     an Executive Director, who shall--
       (1) manage the Foundation; and
       (2) report to, and be under the direct authority, of the 
     Board.
       (b) Board of Directors.--
       (1) Governance.--The Foundation shall be governed by a 
     Board of Directors, which--
       (A) shall perform the functions specified to be carried out 
     by the Board under this subtitle; and
       (B) may prescribe, amend, and repeal bylaws, rules, 
     regulations, and procedures governing the manner in which the 
     business of the Foundation may be conducted and in which the 
     powers granted to it by law may be exercised.
       (2) Membership.--The Board shall be composed of--
       (A) the Secretary of State, the Administrator of the United 
     States Agency for International Development, the Secretary of 
     the Interior, the Chief of the United States Forest Service, 
     and the Administrator of the National Oceanic and Atmospheric 
     Administration, or the Senate-confirmed designees of such 
     officials; and
       (B) 8 other individuals, who shall be appointed by the 
     Secretary, in consultation with the members of the Board 
     described in subparagraph (A), the Speaker and Minority 
     Leader of the House of Representatives, and the President Pro 
     Tempore and Minority Leader of the Senate, of whom--
       (i) 4 members shall be private-sector donors making 
     financial contributions to the Foundation; and
       (ii) 4 members shall be independent experts who, in 
     addition to meeting the qualification requirements described 
     in paragraph (3), represent diverse points of view and 
     diverse geographies, to the maximum extent practicable.
       (3) Qualifications.--Each member of the Board appointed 
     pursuant to paragraph (2)(B) shall be knowledgeable and 
     experienced in matters relating to--
       (A) international development;
       (B) protected area management and the conservation of 
     global biodiversity, fish and wildlife, ecosystem 
     restoration, adaptation, and resilience; and
       (C) grantmaking in support of international conservation.
       (4) Political affiliation.--Not more than 5 of the members 
     appointed to the Board pursuant to paragraph (2)(B) may be 
     affiliated with the same political party.
       (5) Conflicts of interest.--Any individual with business 
     interests, financial holdings, or controlling interests in 
     any entity that has sought support, or is receiving support, 
     from the Foundation may not be appointed to the Board during 
     the 5-year period immediately preceding such appointment.
       (6) Chairperson.--The Board shall elect, from among its 
     members, a Chairperson, who shall serve for a 2-year term.
       (7) Terms; vacancies.--
       (A) Terms.--
       (i) In general.--The term of service of each member of the 
     Board appointed pursuant to paragraph (2)(B) shall be not 
     more than 5 years.
       (ii) Initial appointed directors.--Of the initial members 
     of the Board appointed pursuant to paragraph (2)(B)--

       (I) 4 members, including at least 2 private-sector donors 
     making financial contributions to the Foundation, shall serve 
     for 4 years; and
       (II) 4 members shall serve for 5 years, as determined by 
     the Chairperson of the Board.

       (B) Vacancies.--Any vacancy in the Board--
       (i) shall be filled in the manner in which the original 
     appointment was made; and
       (ii) shall not affect the power of the remaining appointed 
     members of the Board to execute the duties of the Board.
       (8) Quorum.--A majority of the current membership of the 
     Board, including the Secretary or the Secretary's designee, 
     shall constitute a quorum for the transaction of Foundation 
     business.
       (9) Meetings.--
       (A) In general.--The Board shall meet not less frequently 
     than annually at the call of the Chairperson. Such meetings 
     may be in person, virtual, or hybrid.
       (B) Initial meeting.--Not later than 60 days after the 
     Board is established pursuant to section 1293(a), the 
     Secretary of State shall convene a meeting of the ex-officio 
     members of the Board and the appointed members of the Board 
     to incorporate the Foundation.
       (C) Removal.--Any member of the Board appointed pursuant to 
     paragraph (2)(B) who misses 3 consecutive regularly scheduled 
     meetings may be removed by a majority vote of the Board.
       (10) Reimbursement of expenses.--
       (A) In general.--Members of the Board shall serve without 
     pay, but may be reimbursed for the actual and necessary 
     traveling and subsistence expenses incurred in the 
     performance of the duties of the Foundation.
       (B) Limitation.--Expenses incurred outside the United 
     States may be reimbursed under this paragraph if at least 2 
     members of the Board concurrently incurred such expenses. 
     Such reimbursements--
       (i) shall be available exclusively for actual costs 
     incurred by members of the Board up to the published daily 
     per diem rate for lodging, meals, and incidentals; and
       (ii) shall not include first-class, business-class, or 
     travel in any class other than economy class or coach class.
       (C) Other expenses.--All other expenses, including salaries 
     for officers and staff of the Foundation, shall be 
     established by a majority vote of the Board, as proposed by 
     the Executive Director on no less than an annual basis.
       (11) Not federal employees.--Appointment as a member of the 
     Board and employment by the Foundation does not constitute 
     employment by, or the holding of an office of, the United 
     States for purposes of any Federal law.
       (12) Duties.--The Board shall--
       (A) establish bylaws for the Foundation in accordance with 
     paragraph (13);
       (B) provide overall direction for the activities of the 
     Foundation and establish priority activities;
       (C) carry out any other necessary activities of the 
     Foundation;
       (D) evaluate the performance of the Executive Director;
       (E) take steps to limit the administrative expenses of the 
     Foundation; and
       (F) not less frequently than annually, consult and 
     coordinate with stakeholders qualified to provide advice, 
     assistance, and information regarding effective protected and 
     conserved area management.
       (13) Bylaws.--
       (A) In general.--The bylaws required to be established 
     under paragraph (12)(A) shall include--
       (i) the specific duties of the Executive Director;
       (ii) policies and procedures for the selection of members 
     of the Board and officers, employees, agents, and contractors 
     of the Foundation;
       (iii) policies, including ethical standards, for--

       (I) the acceptance, solicitation, and disposition of 
     donations and grants to the Foundation; and
       (II) the disposition of assets of the Foundation upon the 
     dissolution of the Foundation;

       (iv) policies that subject all implementing partners, 
     employees, fellows, trainees, and other agents of the 
     Foundation (including ex-officio members of the Board and 
     appointed members of the Board) to stringent ethical and 
     conflict of interest standards;
       (v) removal and exclusion procedures for implementing 
     partners, employees, fellows,

[[Page S4352]]

     trainees, and other agents of the Foundation (including ex-
     officio members of the Board and appointed members of the 
     Board) who fail to uphold the ethical and conflict of 
     interest standards established pursuant to clause (iii);
       (vi) policies for winding down the activities of the 
     Foundation upon its dissolution, including a plan--

       (I) to return unspent appropriations to the Treasury of the 
     United States; and
       (II) to donate unspent private and philanthropic 
     contributions to projects that align with the goals and 
     requirements described in section 1297;

       (vii) policies for vetting implementing partners and 
     grantees to ensure the Foundation does not provide grants to 
     for profit entities whose primary objective is activities 
     other than conservation activities; and
       (viii) clawback policies and procedures to be incorporated 
     into grant agreements to ensure compliance with the policies 
     referred to in clause (vii).
       (B) Requirements.--The Board shall ensure that the bylaws 
     of the Foundation and the activities carried out under such 
     bylaws do not--
       (i) reflect unfavorably on the ability of the Foundation to 
     carry out activities in a fair and objective manner; or
       (ii) compromise, or appear to compromise, the integrity of 
     any governmental agency or program, or any officer or 
     employee employed by, or involved in, a governmental agency 
     or program.
       (c) Foundation Staff.--Officers and employees of the 
     Foundation--
       (1) may not be employees of, or hold any office in, the 
     United States Government;
       (2) may not serve in the employ of any nongovernmental 
     organization, project, or person related to or affiliated 
     with any grantee of the Foundation while employed by the 
     Foundation;
       (3) may not receive compensation from any other source for 
     work performed in carrying out the duties of the Foundation 
     while employed by the Foundation; and
       (4) should not receive a salary at a rate that is greater 
     than the maximum rate of basic pay authorized for positions 
     at level I of the Executive Schedule under section 5312 of 
     title 5, United States Code.
       (d) Limitation and Conflicts of Interests.--
       (1) Political participation.--The Foundation may not--
       (A) lobby for political or policy issues; or
       (B) participate or intervene in any political campaign in 
     any country.
       (2) Financial interests.--As determined by the Board and 
     set forth in the bylaws established pursuant to subsection 
     (b)(13), and consistent with best practices, any member of 
     the Board or officer or employee of the Foundation shall be 
     prohibited from participating, directly or indirectly, in the 
     consideration or determination of any question before the 
     Foundation affecting--
       (A) the financial interests of such member of the Board, or 
     officer or employee of the Foundation, not including such 
     member's Foundation expenses and compensation; and
       (B) the interests of any corporation, partnership, entity, 
     or organization in which such member of the Board, officer, 
     or employee has any fiduciary obligation or direct or 
     indirect financial interest.
       (3) Recusals.--Any member of the Board that has a business, 
     financial, or familial interest in an organization or 
     community seeking support from the Foundation shall recuse 
     himself or herself from all deliberations, meetings, and 
     decisions concerning the consideration and decision relating 
     to such support.
       (4) Project ineligibility.--The Foundation may not provide 
     support to individuals or entities with business, financial, 
     or familial ties to--
       (A) a current member of the Board; or
       (B) a former member of the Board during the 5-year period 
     immediately following the last day of the former member's 
     term on the Board.

     SEC. 1295. CORPORATE POWERS AND OBLIGATIONS OF THE 
                   FOUNDATION.

       (a) General Authority.--
       (1) In general.--The Foundation--
       (A) may conduct business in foreign countries;
       (B) shall have its principal offices in the Washington, 
     D.C. metropolitan area; and
       (C) shall continuously maintain a designated agent in 
     Washington, D.C. who is authorized to accept notice or 
     service of process on behalf of the Foundation.
       (2) Notice and service of process.--The serving of notice 
     to, or service of process upon, the agent referred to in 
     paragraph (1)(C), or mailed to the business address of such 
     agent, shall be deemed as service upon, or notice to, the 
     Foundation.
       (3) Audits.--The Foundation shall be subject to the general 
     audit authority of the Comptroller General of the United 
     States under section 3523 of title 31, United States Code.
       (b) Authorities.--In addition to powers explicitly 
     authorized under this subtitle, the Foundation, in order to 
     carry out the purposes described in section 1293(b), shall 
     have the usual powers of a corporation headquartered in 
     Washington, D.C., including the authority--
       (1) to accept, receive, solicit, hold, administer, and use 
     any gift, devise, or bequest, either absolutely or in trust, 
     or real or personal property or any income derived from such 
     gift or property, or other interest in such gift or property 
     located in the United States;
       (2) to acquire by donation, gift, devise, purchase, or 
     exchange any real or personal property or interest in such 
     property located in the United States;
       (3) unless otherwise required by the instrument of 
     transfer, to sell, donate, lease, invest, reinvest, retain, 
     or otherwise dispose of any property or income derived from 
     such property located in the United States;
       (4) to complain and defend itself in any court of competent 
     jurisdiction (except that the members of the Board shall not 
     be personally liable, except for gross negligence);
       (5) to enter into contracts or other arrangements with 
     public agencies, private organizations, and persons and to 
     make such payments as may be necessary to carry out the 
     purposes of such contracts or arrangements; and
       (6) to award grants for eligible projects, in accordance 
     with section 1297.
       (c) Limitation of Public Liability.--The United States 
     shall not be liable for any debts, defaults, acts, or 
     omissions of the Foundation. The Federal Government shall be 
     held harmless from any damages or awards ordered by a court 
     against the Foundation.

     SEC. 1296. SAFEGUARDS AND ACCOUNTABILITY.

       (a) Safeguards.--The Foundation shall develop, and 
     incorporate into any agreement for support provided by the 
     Foundation, appropriate safeguards, policies, and guidelines, 
     consistent with United States law and best practices and 
     standards for environmental and social safeguards.
       (b) Independent Accountability Mechanism.--
       (1) In general.--The Secretary, or the Secretary's 
     designee, shall establish a transparent and independent 
     accountability mechanism, consistent with best practices, 
     which shall provide--
       (A) a compliance review function that assesses whether 
     Foundation-supported projects adhere to the requirements 
     developed pursuant to subsection (a);
       (B) a dispute resolution function for resolving and 
     remedying concerns between complainants and project 
     implementers regarding the impacts of specific Foundation-
     supported projects with respect to such standards; and
       (C) an advisory function that reports to the Board on 
     projects, policies, and practices.
       (2) Duties.--The accountability mechanism shall--
       (A) report annually to the Board and the appropriate 
     congressional committees regarding the Foundation's 
     compliance with best practices and standards in accordance 
     with paragraph (1)(A) and the nature and resolution of any 
     complaint;
       (B)(i) have permanent staff, led by an independent 
     accountability official, to conduct compliance reviews and 
     dispute resolutions and perform advisory functions; and
       (ii) maintain a roster of experts to serve such roles, to 
     the extent needed; and
       (C) hold a public comment period lasting not fewer than 60 
     days regarding the initial design of the accountability 
     mechanism.
       (c) Internal Accountability.--The Foundation shall 
     establish an ombudsman position at a senior level of 
     executive staff as a confidential, neutral source of 
     information and assistance to anyone affected by the 
     activities of the Foundation.
       (d) Annual Review.--The Secretary shall, periodically, but 
     not less frequent than annually, review assistance provided 
     by the Foundation for the purpose of implementing section 
     1293(b) to ensure consistency with the provisions under 
     section 620M of Foreign Assistance Act of 1961 (22 U.S.C. 
     2378d).

     SEC. 1297. PROJECTS AND GRANTS.

       (a) Project Funding Requirements.--
       (1) In general.--The Foundation shall--
       (A) provide grants to support eligible projects described 
     in paragraph (3) that advance its mission to enable effective 
     management of primarily protected and conserved areas and 
     their contiguous buffer zones in eligible countries;
       (B) advance effective landscape or seascape approaches to 
     conservation that include buffer zones, wildlife dispersal 
     and corridor areas, and other effective area-based 
     conservation measures; and
       (C) not purchase, own, or lease land, including 
     conservation easements, in eligible countries.
       (2) Eligible entities.--Eligible entities shall include--
       (A) not-for-profit organizations with demonstrated 
     expertise in protected and conserved area management and 
     economic development;
       (B) governments of eligible partner countries, as 
     determined by subsection (b), with the exception of 
     governments and government entities that are prohibited from 
     receiving grants from the Foundation pursuant to section 
     1298; and
       (C) Indigenous and local communities in such eligible 
     countries.
       (3) Eligible projects.--Eligible projects shall include 
     projects that--
       (A) focus on supporting--
       (i) transparent and effective long-term management of 
     primarily protected or conserved areas and their contiguous 
     buffer zones in countries described in subsection (b), 
     including terrestrial, coastal, and marine protected or 
     conserved areas, parks, community conservancies, Indigenous 
     reserves, conservation easements, and biological reserves; 
     and

[[Page S4353]]

       (ii) other effective area-based conservation measures;
       (B) are cost-matched at a ratio of not less than $2 from 
     sources other than the United States for every $1 made 
     available under this subtitle;
       (C) are subject to long-term binding memoranda of 
     understanding with the governments of eligible countries and 
     local communities--
       (i) to ensure that local populations have access, resource 
     management responsibilities, and the ability to pursue 
     permissible, sustainable economic activity on affected lands; 
     and
       (ii) that may be signed by governments in such eligible 
     countries to ensure free, prior, and informed consent of 
     affected communities;
       (D) incorporate a set of key performance and impact 
     indicators;
       (E) demonstrate robust local community engagement, with the 
     completion of appropriate environmental and social due 
     diligence, including--
       (i) free, prior, and informed consent of Indigenous Peoples 
     and relevant local communities;
       (ii) inclusive governance structures; and
       (iii) effective grievance mechanisms;
       (F) create economic opportunities for local communities, 
     including through--
       (i) equity and profit-sharing;
       (ii) cooperative management of natural resources;
       (iii) employment activities; and
       (iv) other related economic growth activities;
       (G) leverage stable baseline funding for the effective 
     management of the primarily protected or conserved area 
     project; and
       (H) to the extent possible--
       (i) are viable and prepared for implementation; and
       (ii) demonstrate a plan to strengthen the capacity of, and 
     transfer skills to, local institutions to manage the 
     primarily protected or conserved area before or after grant 
     funding is exhausted.
       (b) Eligible Countries.--
       (1) In general.--Pursuant to the Plan of Action required 
     under section 1293(c), and before awarding any grants or 
     entering into any project agreements for any fiscal year, the 
     Board shall conduct a review to identify eligible countries 
     in which the Foundation may fund projects. Such review shall 
     consider countries that--
       (A) are low-income, lower middle-income, or upper-middle-
     income economies (as defined by the International Bank for 
     Reconstruction and Development and the International 
     Development Association);
       (B) have--
       (i) a high degree of threatened or at-risk biological 
     diversity; or
       (ii) species or ecosystems of significant importance, 
     including threatened or endangered species or ecosystems at 
     risk of degradation or destruction;
       (C) have demonstrated a commitment to conservation through 
     verifiable actions, such as protecting lands and waters 
     through the gazettement of national parks, community 
     conservancies, marine reserves and protected areas, forest 
     reserves, or other legally recognized forms of place-based 
     conservation; and
       (D) are not ineligible to receive United States foreign 
     assistance pursuant to any other provision of law, including 
     laws identified in section 1298.
       (2) Identification of eligible countries.--Not later than 5 
     days after the date on which the Board determines which 
     countries are eligible to receive assistance under this 
     subtitle for a fiscal year, the Executive Director shall--
       (A) submit a report to the appropriate congressional 
     committees that includes--
       (i) a list of all such eligible countries, as determined 
     through the review process described in paragraph (1); and
       (ii) a detailed justification for each such eligibility 
     determination, including--

       (I) an analysis of why the eligible country would be 
     suitable for partnership;
       (II) an evaluation of the eligible partner country's 
     interest in and ability to participate meaningfully in 
     proposed Foundation activities, including an evaluation of 
     such eligible country's prospects to substantially benefit 
     from Foundation assistance;
       (III) an estimation of each such eligible partner country's 
     commitment to conservation; and
       (IV) an assessment of the capacity and willingness of the 
     eligible country to enact or implement reforms that might be 
     necessary to maximize the impact and effectiveness of 
     Foundation support; and

       (B) publish the information contained in the report 
     described in subparagraph (A) in the Federal Register.
       (c) Grantmaking.--
       (1) In general.--In order to maximize program 
     effectiveness, the Foundation shall--
       (A) coordinate with other international public and private 
     donors to the greatest extent practicable and appropriate;
       (B) seek additional financial and nonfinancial 
     contributions and commitments for its projects from 
     governments in eligible countries;
       (C) strive to generate a partnership mentality among all 
     participants, including public and private funders, host 
     governments, local protected areas authorities, and private 
     and nongovernmental organization partners;
       (D) prioritize investments in communities with low levels 
     of economic development to the greatest extent practicable 
     and appropriate; and
       (E) consider the eligible partner country's planned and 
     dedicated resources to the proposed project and the eligible 
     entity's ability to successfully implement the project.
       (2) Grant criteria.--Foundation grants--
       (A) shall fund eligible projects that enhance the 
     management of well-defined primarily protected or conserved 
     areas and the systems of such conservation areas in eligible 
     countries;
       (B) should support adequate baseline funding for eligible 
     projects in eligible countries to be sustained for not less 
     than 10 years;
       (C) should, during the grant period, demonstrate progress 
     in achieving clearly defined key performance indicators (as 
     defined in the grant agreement), which may include--
       (i) the protection of biological diversity;
       (ii) the protection of native flora and habitats, such as 
     trees, forests, wetlands, grasslands, mangroves, coral reefs, 
     and sea grass;
       (iii) community-based economic growth indicators, such as 
     improved land tenure, increases in beneficiaries 
     participating in related economic growth activities, and 
     sufficient income from conservation activities being directed 
     to communities in project areas;
       (iv) improved management of the primarily protected or 
     conserved area covered by the project, as documented through 
     the submission of strategic plans or annual reports to the 
     Foundation; and
       (v) the identification of additional revenue sources or 
     sustainable financing mechanisms to meet the recurring costs 
     of management of the primarily protected or conserved areas; 
     and
       (D) shall be terminated if the Board determines that the 
     project is not--
       (i) meeting applicable requirements under this subtitle; or
       (ii) making progress in achieving the key performance 
     indicators defined in the grant agreement.

     SEC. 1298. PROHIBITION OF SUPPORT FOR CERTAIN GOVERNMENTS.

       (a) In General.--The Foundation may not provide support for 
     any government, or any entity owned or controlled by a 
     government, if the Secretary has determined that such 
     government--
       (1) has repeatedly provided support for acts of 
     international terrorism, as determined under--
       (A) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (22 U.S.C. 4813(c)(1)(A)(i));
       (B) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a));
       (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (D) any other relevant provision of law;
       (2) has been identified pursuant to section 116(a) or 
     502B(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151n(a) and 2304(a)(2)) or any other relevant provision of 
     law; or
       (3) has failed the ``control of corruption'' indicator, as 
     determined by the Millennium Challenge Corporation, within 
     any of the preceding 3 years of the intended grant;
       (b) Prohibition of Support for Sanctioned Persons.--The 
     Foundation may not engage in any dealing prohibited under 
     United States sanctions laws or regulations, including 
     dealings with persons on the list of specially designated 
     persons and blocked persons maintained by the Office of 
     Foreign Assets Control of the Department of the Treasury, 
     except to the extent otherwise authorized by the Secretary or 
     by the Secretary of the Treasury.
       (c) Prohibition of Support for Activities Subject to 
     Sanctions.--The Foundation shall require any person receiving 
     support to certify that such person, and any entity owned or 
     controlled by such person, is in compliance with all United 
     States sanctions laws and regulations.

     SEC. 1299. ANNUAL REPORT.

       Not later than 360 days after the date of the enactment of 
     this Act, and annually thereafter while the Foundation 
     continues to operate, the Executive Director of the 
     Foundation shall submit a report to the appropriate 
     congressional committees that describes--
       (1) the goals of the Foundation;
       (2) the programs, projects, and activities supported by the 
     Foundation;
       (3) private and governmental contributions to the 
     Foundation; and
       (4) the standardized criteria utilized to determine the 
     programs and activities supported by the Foundation, 
     including baselines, targets, desired outcomes, measurable 
     goals, and extent to which those goals are being achieved for 
     each project.

     SEC. 1299A. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--In addition to amounts authorized to be 
     appropriated to carry out international conservation and 
     biodiversity programs under part I and chapter 4 of part II 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.), and subject to the limitations set forth in 
     subsections (b) and (c), there is authorized to be 
     appropriated to the Foundation to carry out the purposes of 
     this subtitle--
       (1) $1,000,000 for fiscal year 2025; and
       (2) not more than $100,000,000 for each of the fiscal years 
     2026 through 2034.
       (b) Cost Matching Requirement.--Amounts appropriated 
     pursuant to subsection (a) may only be made available to 
     grantees to the extent the Foundation or such grantees secure 
     funding for an eligible project from sources other than the 
     United

[[Page S4354]]

     States Government in an amount that is not less than twice 
     the amount received in grants for such project pursuant to 
     section 1297.
       (c) Administrative Costs.--The administrative costs of the 
     Foundation shall come from sources other than the United 
     States Government.
       (d) Prohibition on Use of Grant Amounts for Lobbying 
     Expenses.--Amounts provided as a grant by the Foundation 
     pursuant to section 1297 may not be used for any activity 
     intended to influence legislation pending before the Congress 
     of the United States.
                                 ______
                                 
  SA 2119. Ms. HASSAN (for herself, Mr. Cassidy, Mr. Schmitt, and Mr. 
Kelly) 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. ELIGIBILITY OF SPOUSES FOR SERVICES UNDER THE 
                   DISABLED VETERANS' OUTREACH PROGRAM.

       Section 4103A of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``and eligible persons'' after ``eligible veterans''; and
       (ii) in subparagraph (C), by inserting ``, and eligible 
     persons,'' after ``Other eligible veterans'';
       (B) in paragraph (2), by inserting ``and eligible persons'' 
     after ``veterans'' each place it appears; and
       (C) in paragraph (3)--
       (i) by inserting ``or eligible person'' after ``veteran'' 
     each place it appears; and
       (ii) by inserting ``or eligible person's'' after 
     ``veteran's'';
       (2) in subsection (d)(1)--
       (A) by inserting ``and eligible persons'' after ``eligible 
     veterans'' each place it appears; and
       (B) by striking ``non-veteran-related''; and
       (3) by adding at the end the following new subsection:
       ``(e) Eligible Person Defined.--In this section, the term 
     `eligible person' means--
       ``(1) any spouse described in section 4101(5) of this 
     title; or
       ``(2) the spouse of any person who died while a member of 
     the Armed Forces.''.
                                 ______
                                 
  SA 2120. Mr. MANCHIN (for himself and 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, add the following:

         DIVISION E--COMMISSION ON FISCAL STABILITY AND REFORM

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Fiscal Stability Act of 
     2024''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Co-chair.--The term ``co-chair'' means an individual 
     appointed to serve as a co-chair of the Fiscal Commission 
     under section 5003(a)(2)(C).
       (2) Direct spending.--The term ``direct spending'' has the 
     meaning given that term in section 250(c) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900(c)).
       (3) Discretionary appropriations.--The term ``discretionary 
     appropriations'' has the meaning given that term in section 
     250(c) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 900(c)).
       (4) Fiscal commission.--The term ``Fiscal Commission'' 
     means the commission established under section 5003(a)(1).
       (5) Implementing bill.--The term ``implementing bill'' 
     means a bill consisting solely of the text of the 
     implementing bill that the Fiscal Commission approves and 
     submits under subparagraphs (A) and (D), respectively, of 
     section 5003(c)(2).
       (6) Outside expert.--The term ``outside expert'' means an 
     individual who is not an elected official or an officer or 
     employee of the Federal Government or of any State.

     SEC. 5003. ESTABLISHMENT OF FISCAL COMMISSION.

       (a) Establishment of Fiscal Commission.--
       (1) Establishment.--There is established in the legislative 
     branch a Fiscal Commission.
       (2) Membership.--
       (A) In general.--The Fiscal Commission shall be composed of 
     16 members appointed in accordance with subparagraph (B) and 
     with due consideration to chairs and ranking members of the 
     committees and subcommittees of subject matter jurisdiction, 
     if applicable.
       (B) Appointment.--Not later than 14 days after the date of 
     enactment of this Act--
       (i) the majority leader of the Senate shall appoint 3 
     individuals from among the Members of the Senate, and 1 
     outside expert, who shall serve as members of the Fiscal 
     Commission;
       (ii) the minority leader of the Senate shall appoint 3 
     individuals from among the Members of the Senate, and 1 
     outside expert who shall serve as members of the Fiscal 
     Commission;
       (iii) the Speaker of the House of Representatives shall 
     appoint 3 individuals from among the Members of the House of 
     Representatives, and 1 outside expert, who shall serve as 
     members of the Fiscal Commission; and
       (iv) the minority leader of the House of Representatives 
     shall appoint 3 individuals from among the Members of the 
     House of Representatives, and 1 outside expert, who shall 
     serve as members of the Fiscal Commission.
       (C) Co-chairs.--Not later than 14 days after the date of 
     enactment of this Act--
       (i) the leadership of the Senate and House of 
     Representatives who caucus with the same political party as 
     the President shall appoint 1 individual from among the 
     members of the Fiscal Commission who shall serve as a co-
     chair of the Fiscal Commission; and
       (ii) the leadership of the Senate and House of 
     Representatives who caucus with the opposite political party 
     as the President, shall appoint 1 individual from among the 
     members of the Fiscal Commission who shall serve as a co-
     chair of the Fiscal Commission.
       (D) Period of appointment.--
       (i) In general.--The members of the Fiscal Commission shall 
     be appointed for the life of the Fiscal Commission.
       (ii) Vacancy.--

       (I) In general.--Any vacancy in the Fiscal Commission shall 
     not affect the powers of the Fiscal Commission, but shall be 
     filled not later than 14 days after the date on which the 
     vacancy occurs, in the same manner as the original 
     appointment was made.
       (II) Ineligible members.--If a member of the Fiscal 
     Commission who was appointed as a Member of the Senate or the 
     House Representatives ceases to be a Member of the Senate or 
     the House of Representatives, as applicable--

       (aa) the member shall no longer be a member of the Fiscal 
     Commission; and
       (bb) a vacancy in the Fiscal Commission exists.
       (E) Member personnel issues.--
       (i) Outside expert.--Any outside expert appointed as a 
     member of the Fiscal Commission--

       (I) shall not be considered to be a Federal employee for 
     any purpose by reason of service on the Fiscal Commission;
       (II) shall serve without compensation; and
       (III) shall be allowed travel expenses, including per diem 
     in lieu of subsistence, at rates authorized for employees of 
     agencies under subchapter I of chapter 57 of title 5, United 
     States Code, while away from their homes or regular places of 
     business in the performance of services for the Fiscal 
     Commission.

       (ii) Members of congress.--Each member of the Fiscal 
     Commission who is a Member of the Senate or the House of 
     Representatives shall serve without compensation in addition 
     to the compensation received for the services of the member 
     as a Member of the Senate or the House of Representatives.
       (3) Administration.--
       (A) In general.--To enable the Fiscal Commission to 
     exercise the powers, functions, and duties of the Fiscal 
     Commission, there are authorized to be disbursed by the 
     Senate the actual and necessary expenses of the Fiscal 
     Commission approved by the staff director of the Fiscal 
     Commission, subject to the rules and regulations of the 
     Senate.
       (B) Quorum.--A majority of the members of the Fiscal 
     Commission who are Members of the Senate or the House of 
     Representatives, not fewer than 3 of whom were appointed to 
     the Fiscal Commission by a Member of the Senate or the House 
     of Representatives who caucuses with same political party as 
     the President and not fewer than 3 of whom were appointed to 
     the Fiscal Commission by a Member of the Senate or the House 
     of Representatives who caucuses with the opposite political 
     party as the President, shall constitute a quorum.
       (C) Voting.--
       (i) In general.--Only members of the Fiscal Commission who 
     are Members of the Senate or the House of Representatives may 
     vote on any matter. An outside expert serving as a member of 
     the Fiscal Commission shall be a nonvoting member.
       (ii) Proxy voting.--No proxy voting shall be allowed on 
     behalf of any member of the Fiscal Commission on any matter.
       (iii)  Congressional budget office estimates.--

       (I) In general.--The Director of the Congressional Budget 
     Office shall, with respect to the implementing bill of the 
     Fiscal Commission described in subsection (c)(2)(A)(i)(II), 
     provide to the Fiscal Commission--

       (aa) estimates of the implementing bill in accordance with 
     sections 308(a) and 201(f) of the Congressional Budget Act of 
     1974 (2 U.S.C. 639(a), 601(f)); and
       (bb) information on the budgetary effect of the 
     implementing bill on the long-term fiscal outlook.

       (II) Limitation.--The Fiscal Commission may not vote on any 
     version of the report, recommendations, or implementation 
     bill of the Fiscal Commission under subsection

[[Page S4355]]

     (c)(2)(A) unless the estimates and information described in 
     subclause (I) of this clause are made available for 
     consideration by all members of the Fiscal Commission not 
     later than 48 hours before that vote, as certified by the co-
     chairs of the Fiscal Commission.

       (D) Meetings.--
       (i) Initial meeting.--Not later than 45 days after the date 
     of enactment of this Act, the Fiscal Commission shall hold 
     the first meeting of the Fiscal Commission.
       (ii) Agenda.--The co-chairs of the Fiscal Commission shall 
     provide an agenda to the members of the Fiscal Commission not 
     later than 48 hours before each meeting of the Fiscal 
     Commission.
       (E) Hearings.--
       (i) In general.--The Fiscal Commission may, for the purpose 
     of carrying out this section, hold such hearings, sit and act 
     at such times and places, require attendance of witnesses and 
     production of books, papers, and documents, take such 
     testimony, receive such evidence, and administer such oaths 
     as the Fiscal Commission considers advisable.
       (ii) Hearing procedures and responsibilities of co-
     chairs.--

       (I) Announcement.--The co-chairs of the Fiscal Commission 
     shall make a public announcement of the date, place, time, 
     and subject matter of any hearing to be conducted under this 
     subparagraph not later than 7 days before the date of the 
     hearing, unless the co-chairs determine that there is good 
     cause to begin such hearing on an earlier date.
       (II) Written statement.--A witness appearing before the 
     Fiscal Commission shall file a written statement of the 
     proposed testimony of the witness not later than 2 days 
     before the date of the appearance of the witness, unless the 
     co-chairs of the Fiscal Commission--

       (aa) determine that there is good cause for the witness to 
     not file the written statement; and
       (bb) waive the requirement that the witness file the 
     written statement.
       (F) Technical assistance.--Upon written request of the co-
     chairs of the Fiscal Commission, the head of a Federal agency 
     shall provide technical assistance to the Fiscal Commission 
     in order for the Fiscal Commission to carry out the duties of 
     the Fiscal Commission.
       (b) Staff of Fiscal Commission.--
       (1) In general.--In accordance with the guidelines, rules, 
     and requirements relating to employees of the Senate--
       (A) the co-chairs of the Fiscal Commission may jointly 
     appoint and fix the compensation of a staff director for the 
     Fiscal Commission; and
       (B) the staff director may appoint and fix the compensation 
     of additional staff of the Fiscal Commission.
       (2) Detail of other congressional staff.--With the approval 
     of the Member of Congress employing an employee of a personal 
     office of a Member of Congress or a committee of the Senate 
     or the House of Representatives, such an employee may be 
     detailed to the Fiscal Commission on a reimbursable basis.
       (3) Ethical standards.--
       (A) Senate.--Members of the Fiscal Commission appointed by 
     Members of the Senate and the staff of the Fiscal Commission 
     shall adhere to the ethics rules of the Senate.
       (B) House of representatives.--Members of the Fiscal 
     Commission appointed by Members of the House of 
     Representatives shall be governed by the ethics rules and 
     requirements of the House of Representatives.
       (c) Duties.--
       (1) Improve fiscal condition.--
       (A) In general.--The Fiscal Commission shall identify 
     policies to--
       (i) meaningfully improve the long-term fiscal condition of 
     the Federal Government;
       (ii) achieve a sustainable ratio of the public debt of the 
     Federal Government to the gross domestic product of the 
     United States, which shall be not more than 100 percent, by 
     fiscal year 2039; and
       (iii) improve the solvency of Federal programs for which a 
     Federal trust fund exists for a period of at least 75 years.
       (B) Requirements.--In carrying out subparagraph (A), the 
     Fiscal Commission shall propose recommendations that 
     meaningfully improve the long-term fiscal condition of the 
     Federal Government, including--
       (i) changes to address the current levels of discretionary 
     appropriations, direct spending, and revenues and the gap 
     between current revenues and expenditures of the Federal 
     Government; and
       (ii) changes to address the growth of discretionary 
     appropriations, direct spending, and revenues and the gap 
     between the projected revenues and expenditures of the 
     Federal Government.
       (C) Recommendations of committees.--Not later than 60 days 
     after the date of enactment of this Act, each committee of 
     the Senate and the House of Representatives may transmit to 
     the Fiscal Commission any recommendations of the committee 
     relating to changes in law to achieve the changes described 
     in subparagraph (B).
       (2) Report, recommendations, and implementing bill.--
       (A) Consideration and vote.--
       (i) In general.--Not later than May 1, 2025, the Fiscal 
     Commission shall meet to consider, and vote on--

       (I) a report that contains--

       (aa) a detailed statement of the policies identified by, 
     and the findings, conclusions, and recommendations of, the 
     Fiscal Commission under paragraph (1);
       (bb) the estimate of the Congressional Budget Office 
     required under subsection (a)(3)(C)(iii)(I); and
       (cc) a statement of the economic and budgetary effects of 
     the implementing bill described in subclause (II); and

       (II) an implementing bill to carry out the recommendations 
     of the Fiscal Commission described in subclause (I)(aa).

       (ii) Approval of report and implementing bill.--A report 
     and implementing bill of the Fiscal Commission shall only be 
     approved under clause (i) upon an affirmative vote of a 
     majority of the members of the Fiscal Commission who are 
     Members of the Senate or the House of Representatives, not 
     fewer than 3 of whom were appointed to the Fiscal Commission 
     by a Member of the Senate or the House of Representatives who 
     caucuses with same political party as the President and not 
     fewer than 3 of whom were appointed to the Fiscal Commission 
     by a Member of the Senate or the House of Representatives who 
     caucuses with the opposite political party as the President.
       (iii) Single report and implementing bill.--It shall not be 
     in order for the Fiscal Commission to consider or submit to 
     Congress more than 1 report described in clause (i)(I) or 
     more than 1 implementing bill described in clause (i)(II).
       (B) Additional views.--
       (i) In general.--A member of the Fiscal Commission who 
     gives notice of an intention to file supplemental, minority, 
     or additional views at the time of the final Fiscal 
     Commission vote on the approval of the report and 
     implementing bill of the Fiscal Commission under subparagraph 
     (A) shall be entitled to 3 days to file those views in 
     writing with the staff director of the Fiscal Commission.
       (ii) Inclusion in report.--Views filed under clause (i) 
     shall be included in the report of the Fiscal Commission 
     under subparagraph (A) and printed in the same volume, or 
     part thereof, and such inclusion shall be noted on the cover 
     of the report, except that, in the absence of timely notice, 
     the report may be printed and transmitted immediately without 
     such views.
       (C) Report and implementing bill to be made public.--Upon 
     the approval or disapproval of a report and implementing bill 
     under subparagraph (A) by the Fiscal Commission, the Fiscal 
     Commission shall promptly, and not more than 24 hours after 
     the approval or disapproval or, if timely notice is given 
     under subparagraph (B), not more than 24 hours after 
     additional views are filed under such subparagraph, make the 
     report, the implementing bill, and a record of the vote on 
     the report and implementing bill available to the public.
       (D) Submission of report and implementing bill.--If a 
     report and implementing bill are approved by the Fiscal 
     Commission under subparagraph (A), not later than 3 days 
     after the date on which the report and implementing bill are 
     made available to the public under subparagraph (C), the 
     Fiscal Commission shall submit the report and implementing 
     bill to the President, the Vice President, the Speaker of the 
     House of Representatives, and the majority and minority 
     leaders of each House of Congress. The report shall be 
     referred to all committees of jurisdiction in the respective 
     Houses.
       (d) Termination.--The Fiscal Commission shall terminate on 
     the date that is 30 days after the date the Fiscal Commission 
     submits the report and implementing bill under subsection 
     (c)(2)(D).

     SEC. 5004. EXPEDITED CONSIDERATION OF FISCAL COMMISSION 
                   IMPLEMENTING BILLS.

       (a) Qualifying Legislation.--
       (1) In general.--Only an implementing bill shall be 
     entitled to expedited consideration under this section.
       (2) Single bill.--Except as provided in subsection (d), it 
     shall not be in order in the Senate or the House of 
     Representatives to consider more than 1 implementing bill.
       (b) Consideration in the House of Representatives.--
       (1) Introduction.--If the Fiscal Commission approves and 
     submits an implementing bill under subparagraphs (A) and (D), 
     respectively, of section 5003(c)(2), the implementing bill 
     may be introduced in the House of Representatives (by 
     request)--
       (A) by the majority leader of the House of Representatives, 
     or by a Member of the House of Representatives designated by 
     the majority leader of the House of Representatives, on the 
     third legislative day after the date the Fiscal Commission 
     approves and submits such implementing bill; or
       (B) if the implementing bill is not introduced under 
     subparagraph (A), by any Member of the House of 
     Representatives on any legislative day beginning on the 
     legislative day after the legislative day described in 
     subparagraph (A).
       (2) Referral and reporting.--Any committee of the House of 
     Representatives to which an implementing bill is referred 
     shall report the implementing bill to the House of 
     Representatives without amendment not later than 5 
     legislative days after the date on which the implementing 
     bill was so referred. If any committee of the House of 
     Representatives to which an implementing bill is referred 
     fails to report the implementing bill within that period, 
     that committee shall be automatically discharged from 
     consideration of the implementing bill, and the implementing 
     bill shall be placed on the appropriate calendar.
       (3) Proceeding to consideration.--After the last committee 
     authorized to consider an implementing bill reports it to the 
     House of

[[Page S4356]]

     Representatives or has been discharged from its 
     consideration, it shall be in order to move to proceed to 
     consider implementing bill in the House of Representatives. 
     Such a motion shall not be in order after the House of 
     Representatives has disposed of a motion to proceed with 
     respect to the implementing bill. The previous question shall 
     be considered as ordered on the motion to its adoption 
     without intervening motion.
       (4) Consideration.--The implementing bill shall be 
     considered as read. All points of order against the 
     implementing bill and against its consideration are waived. 
     An amendment to the implementing bill is not in order. The 
     previous question shall be considered as ordered on the 
     implementing bill to its passage without intervening motion 
     except 2 hours of debate equally divided and controlled by 
     the proponent and an opponent.
       (5) Vote on passage.--The vote on passage of the 
     implementing bill shall occur pursuant to the constraints 
     under clause 8 of rule XX of the Rules of the House of 
     Representatives.
       (c) Expedited Procedure in the Senate.--
       (1) Introduction in the senate.--On the day on which an 
     implementing bill is submitted to the Senate under section 
     5003(c)(2)(D), the implementing bill shall be introduced, by 
     request, by the Majority Leader of the Senate for himself or 
     herself and the minority leader of the Senate, or by any 
     Member so designated by them. If the Senate is not in session 
     on the day on which such implementing bill is submitted, it 
     shall be introduced as provided on the first day thereafter 
     on which the Senate is in session. Such implementing bill 
     shall be placed on the Calendar of Business under General 
     Orders.
       (2) Proceeding.--Notwithstanding rule XXII of the Standing 
     Rules of the Senate, it is in order, not later than 2 days of 
     session after the date on which an implementing bill is 
     placed on the Calendar, for the majority leader of the Senate 
     or the designee of the majority leader to move to proceed to 
     the consideration of the implementing bill. It shall also be 
     in order for any Member of the Senate to move to proceed to 
     the consideration of the implementing bill at any time after 
     the conclusion of such 2-day period. A motion to proceed is 
     in order even though a previous motion to the same effect has 
     been disagreed to. All points of order against the motion to 
     proceed to the implementing bill are waived. The motion to 
     proceed is not debatable. The motion is not subject to a 
     motion to postpone. A motion to reconsider the vote by which 
     the motion is agreed to or disagreed to shall not be in 
     order. If a motion to proceed to the consideration of the 
     implementing bill is agreed to, it shall remain the 
     unfinished business until disposed of. All points of order 
     against the implementing bill and against its consideration 
     are waived.
       (3) No amendments.--An amendment to the implementing bill, 
     a motion to postpone, a motion to proceed to the 
     consideration of other business, or a motion to commit the 
     implementing bill is not in order.
       (4) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to an implementing bill shall be decided without 
     debate.
       (d) Consideration by the Other House.--
       (1) In general.--If, before passing an implementing bill, 
     one House receives from the other House an implementing bill 
     consisting solely of the text of the implementing bill 
     approved by the Fiscal Commission--
       (A) the implementing bill of the other House shall not be 
     referred to a committee; and
       (B) the procedure in the receiving House shall be the same 
     as if no implementing bill had been received from the other 
     House until the vote on passage, when the implementing bill 
     received from the other House shall supplant the implementing 
     bill of the receiving House.
       (2) Revenue measures.--This subsection shall not apply to 
     the House of Representatives if an implementing bill received 
     from the Senate is a revenue measure.
       (3) No implementing bill in the senate.--If an implementing 
     bill is not introduced in the Senate or the Senate fails to 
     consider an implementing bill under this section, the 
     implementing bill of the House of Representatives shall be 
     entitled to expedited floor procedures under this section.
       (4) Treatment of companion measure in the senate.--If, 
     following passage of an implementing bill in the Senate, the 
     Senate then receives from the House of Representatives an 
     implementing bill consisting of the same text as the Senate-
     passed implementing bill, the House-passed implementing bill 
     shall not be debatable. The vote on passage of the 
     implementing bill in the Senate shall be considered to be the 
     vote on passage of the implementing bill received from the 
     House of Representatives.
       (e) Vetoes.--If the President vetoes an implementing bill, 
     consideration of a veto message in the Senate shall be 10 
     hours equally divided between the majority and minority 
     leaders of the Senate or the designees of the majority and 
     minority leaders of the Senate.
       (f) Constructive Resubmission.--
       (1) In general.--In addition to the expedited procedures 
     otherwise provided under this section, in the case of any 
     implementing bill submitted under section 5003(c)(2)(D) 
     during the period beginning on the date occurring--
       (A) in the case of the Senate, 30 session days; or
       (B) in the case of the House of Representatives, 30 
     legislative days,
     before the date the Congress adjourns a session of Congress 
     and ending on the date on which the same or succeeding 
     Congress first convenes its next session, the expedited 
     procedures under this section shall apply to such 
     implementing bill in the succeeding session of Congress.
       (2) Application.--In applying this section for the purposes 
     of constructive resubmission, an implementing bill described 
     under paragraph (1) shall be treated as though such 
     implementing bill were submitted by the Fiscal Commission 
     on--
       (A) in the case of the Senate, the 15th session day; or
       (B) in the case of the House of Representatives, the 15th 
     legislative day,
     after the succeeding session of Congress first convenes.
       (3) Limitation.--The constructive resubmission under this 
     subsection shall not apply if a vote with respect to the 
     implementing bill was taken in either House in a preceding 
     session of Congress.

     SEC. 5005. FUNDING.

       Funding for the Fiscal Commission shall be derived from the 
     contingent fund of the Senate from the appropriations account 
     ``Miscellaneous Items'', subject to the rules and regulations 
     of the Senate.

     SEC. 5006. RULEMAKING.

       The provisions of section 5004 are enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and, as such, 
     the provisions--
       (A) shall be considered as part of the rules of each House, 
     respectively, or of that House to which they specifically 
     apply; and
       (B) shall supersede other rules only to the extent that 
     they are inconsistent therewith; and
       (2) with full recognition of the constitutional right of 
     either House to change such rules (so far as relating to such 
     House) at any time, in the same manner, and to the same 
     extent as in the case of any other rule of such House.
                                 ______
                                 
  SA 2121. Mr. PETERS (for himself and Mr. Hawley) 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. FEDERAL INFORMATION SECURITY MODERNIZATION.

       (a) Amendments to Title 44.--
       (1) Subchapter i amendments.--Subchapter I of chapter 35 of 
     title 44, United States Code, is amended--
       (A) in section 3504--
       (i) in subsection (a)(1)(B)--

       (I) by striking clause (v) and inserting the following:

       ``(v) privacy, confidentiality, disclosure, and sharing of 
     information;'';

       (II) by redesignating clause (vi) as clause (vii); and
       (III) by inserting after clause (v) the following:

       ``(vi) in consultation with the National Cyber Director, 
     security of information; and''; and
       (ii) in subsection (g)--

       (I) by redesignating paragraph (2) as paragraph (3); and
       (II) by striking paragraph (1) and inserting the following:

       ``(1) develop and oversee the implementation of policies, 
     principles, standards, and guidelines on privacy, 
     confidentiality, disclosure, and sharing of information 
     collected or maintained by or for agencies;
       ``(2) in consultation with the National Cyber Director, 
     oversee the implementation of policies, principles, 
     standards, and guidelines on security, of information 
     collected or maintained by or for agencies; and'';
       (B) in section 3505--
       (i) by striking the first subsection designated as 
     subsection (c);
       (ii) in paragraph (2) of the second subsection designated 
     as subsection (c), by inserting ``an identification of 
     internet accessible information systems and'' after ``an 
     inventory under this subsection shall include'';
       (iii) in paragraph (3) of the second subsection designated 
     as subsection (c)--

       (I) in subparagraph (B)--

       (aa) by inserting ``the Director of the Cybersecurity and 
     Infrastructure Security Agency, the National Cyber Director, 
     and'' before ``the Comptroller General''; and
       (bb) by striking ``and'' at the end;

       (II) in subparagraph (C)(v), by striking the period at the 
     end and inserting ``; and''; and
       (III) by adding at the end the following:

       ``(D) maintained on a continual basis through the use of 
     automation, machine-readable data, and scanning, wherever 
     practicable.'';
       (C) in section 3506--
       (i) in subsection (a)(3), by inserting ``In carrying out 
     these duties, the Chief Information Officer shall consult, as 
     appropriate, with the Chief Data Officer in accordance

[[Page S4357]]

     with the designated functions under section 3520(c).'' after 
     ``reduction of information collection burdens on the 
     public.'';
       (ii) in subsection (b)(1)(C), by inserting 
     ``availability,'' after ``integrity,'';
       (iii) in subsection (h)(3), by inserting ``security,'' 
     after ``efficiency,''; and
       (iv) by adding at the end the following:
       ``(j)(1) Notwithstanding paragraphs (2) and (3) of 
     subsection (a), the head of each agency shall, in accordance 
     with section 522(a) of division H of the Consolidated 
     Appropriations Act, 2005 (42 U.S.C. 2000ee-2), designate a 
     Chief Privacy Officer with the necessary skills, knowledge, 
     and expertise, who shall have the authority and 
     responsibility to--
       ``(A) lead the privacy program of the agency; and
       ``(B) carry out the privacy responsibilities of the agency 
     under this chapter, section 552a of title 5, and guidance 
     issued by the Director.
       ``(2) The Chief Privacy Officer of each agency shall--
       ``(A) serve in a central leadership position within the 
     agency;
       ``(B) have visibility into relevant agency operations; and
       ``(C) be positioned highly enough within the agency to 
     regularly engage with other agency leaders and officials, 
     including the head of the agency.
       ``(3) A privacy officer of an agency established under a 
     statute enacted before the date of enactment of the Federal 
     Information Security Modernization Act of 2024 may carry out 
     the responsibilities under this subsection for the agency.''; 
     and
       (D) in section 3513--
       (i) by redesignating subsection (c) as subsection (d); and
       (ii) by inserting after subsection (b) the following:
       ``(c) Each agency providing a written plan under subsection 
     (b) shall provide any portion of the written plan addressing 
     information security to the Secretary of Homeland Security 
     and the National Cyber Director.''.
       (2) Subchapter ii definitions.--
       (A) In general.--Section 3552(b) of title 44, United States 
     Code, is amended--
       (i) by redesignating paragraphs (2), (3), (4), (5), (6), 
     and (7) as paragraphs (3), (4), (5), (6), (8), and (10), 
     respectively;
       (ii) by inserting after paragraph (1) the following:
       ``(2) The term `high value asset' means information or an 
     information system that the head of an agency, using 
     policies, principles, standards, or guidelines issued by the 
     Director under section 3553(a), determines to be so critical 
     to the agency that the loss or degradation of the 
     confidentiality, integrity, or availability of such 
     information or information system would have a serious impact 
     on the ability of the agency to perform the mission of the 
     agency or conduct business.'';
       (iii) by inserting after paragraph (6), as so redesignated, 
     the following:
       ``(7) The term `major incident' has the meaning given the 
     term in guidance issued by the Director under section 
     3598(a).'';
       (iv) in paragraph (8)(A), as so redesignated, in the matter 
     preceding clause (i), by striking ``used'' and inserting 
     ``owned, managed,'';
       (v) by inserting after paragraph (8), as so redesignated, 
     the following:
       ``(9) The term `penetration test'--
       ``(A) means an authorized assessment that emulates attempts 
     to gain unauthorized access to, or disrupt the operations of, 
     an information system or component of an information system; 
     and
       ``(B) includes any additional meaning given the term in 
     policies, principles, standards, or guidelines issued by the 
     Director under section 3553(a).''; and
       (vi) by inserting after paragraph (10), as so redesignated, 
     the following:
       ``(11) The term `shared service' means a centralized 
     mission capability or consolidated business function that is 
     provided to multiple organizations within an agency or to 
     multiple agencies.
       ``(12) The term `zero trust architecture' has the meaning 
     given the term in Special Publication 800-207 of the National 
     Institute of Standards and Technology, or any successor 
     document.''.
       (B) Conforming amendments.--
       (i) Homeland security act of 2002.--Section 1001(c)(1)(A) 
     of the Homeland Security Act of 2002 (6 U.S.C. 511(c)(1)(A)) 
     is amended by striking ``section 3552(b)(5)'' and inserting 
     ``section 3552(b)''.
       (ii) Title 10.--

       (I) Section 2222.--Section 2222(i)(8) of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)(A)'' 
     and inserting ``section 3552(b)(8)(A)''.
       (II) Section 2223.--Section 2223(c)(3) of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)'' 
     and inserting ``section 3552(b)''.
       (III) Section 3068.--Section 3068(b) of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)'' 
     and inserting ``section 3552(b)''.
       (IV) Section 3252.--Section 3252(e)(5) of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)'' 
     and inserting ``section 3552(b)''.

       (iii) High-performance computing act of 1991.--Section 
     207(a) of the High-Performance Computing Act of 1991 (15 
     U.S.C. 5527(a)) is amended by striking ``section 
     3552(b)(6)(A)(i)'' and inserting ``section 
     3552(b)(8)(A)(i)''.
       (iv) Internet of things cybersecurity improvement act of 
     2020.--Section 3(5) of the Internet of Things Cybersecurity 
     Improvement Act of 2020 (15 U.S.C. 278g-3a(5)) is amended by 
     striking ``section 3552(b)(6)'' and inserting ``section 
     3552(b)''.
       (v) National defense authorization act for fiscal year 
     2013.--Section 933(e)(1)(B) of the National Defense 
     Authorization Act for Fiscal Year 2013 (10 U.S.C. 2224 note) 
     is amended by striking ``section 3542(b)(2)'' and inserting 
     ``section 3552(b)''.
       (vi) Ike skelton national defense authorization act for 
     fiscal year 2011.--The Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011 (Public Law 111-383) 
     is amended--

       (I) in section 931(b)(3) (10 U.S.C. 2223 note), by striking 
     ``section 3542(b)(2)'' and inserting ``section 3552(b)''; and
       (II) in section 932(b)(2) (10 U.S.C. 2224 note), by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''.

       (vii) E-Government act of 2002.--Section 301(c)(1)(A) of 
     the E-Government Act of 2002 (44 U.S.C. 3501 note) is amended 
     by striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''.
       (viii) National institute of standards and technology 
     act.--Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) is amended--

       (I) in subsection (a)(2), by striking ``section 
     3552(b)(6)'' and inserting ``section 3552(b)''; and
       (II) in subsection (f)--

       (aa) in paragraph (2), by striking ``section 3532(1)'' and 
     inserting ``section 3552(b)''; and
       (bb) in paragraph (5), by striking ``section 3532(b)(2)'' 
     and inserting ``section 3552(b)''.
       (3) Subchapter ii amendments.--Subchapter II of chapter 35 
     of title 44, United States Code, is amended--
       (A) in section 3551--
       (i) in paragraph (4), by striking ``diagnose and improve'' 
     and inserting ``integrate, deliver, diagnose, and improve'';
       (ii) in paragraph (5), by striking ``and'' at the end;
       (iii) in paragraph (6), by striking the period at the end 
     and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(7) recognize that each agency has specific mission 
     requirements and, at times, unique cybersecurity requirements 
     to meet the mission of the agency;
       ``(8) recognize that each agency does not have the same 
     resources to secure agency systems, and an agency should not 
     be expected to have the capability to secure the systems of 
     the agency from advanced adversaries alone; and
       ``(9) recognize that a holistic Federal cybersecurity model 
     is necessary to account for differences between the missions 
     and capabilities of agencies.'';
       (B) in section 3553--
       (i) in subsection (a)--

       (I) in paragraph (5), by striking ``and'' at the end;
       (II) in paragraph (6), by striking the period at the end 
     and inserting ``; and''; and
       (III) by adding at the end the following:

       ``(7) promoting, in consultation with the Director of the 
     Cybersecurity and Infrastructure Security Agency, the 
     National Cyber Director, and the Director of the National 
     Institute of Standards and Technology--
       ``(A) the use of automation to improve Federal 
     cybersecurity and visibility with respect to the 
     implementation of Federal cybersecurity; and
       ``(B) the use of presumption of compromise and least 
     privilege principles, such as zero trust architecture, to 
     improve resiliency and timely response actions to incidents 
     on Federal systems.'';
       (ii) in subsection (b)--

       (I) in the matter preceding paragraph (1), by inserting 
     ``and the National Cyber Director'' after ``Director'';
       (II) in paragraph (2)(A), by inserting ``and reporting 
     requirements under subchapter IV of this chapter'' after 
     ``section 3556'';
       (III) by redesignating paragraphs (8) and (9) as paragraphs 
     (10) and (11), respectively; and
       (IV) by inserting after paragraph (7) the following:

       ``(8) expeditiously seeking opportunities to reduce costs, 
     administrative burdens, and other barriers to information 
     technology security and modernization for agencies, including 
     through shared services (and appropriate commercial off the 
     shelf options for such shared services) for cybersecurity 
     capabilities identified as appropriate by the Director, in 
     coordination with the Director of the Cybersecurity and 
     Infrastructure Security Agency and other agencies as 
     appropriate;'';
       (iii) in subsection (c)--

       (I) in the matter preceding paragraph (1)--

       (aa) by striking ``each year'' and inserting ``each year 
     during which agencies are required to submit reports under 
     section 3554(c)'';
       (bb) by inserting ``, which shall be unclassified but may 
     include 1 or more annexes that contain classified or other 
     sensitive information, as appropriate'' after ``a report''; 
     and
       (cc) by striking ``preceding year'' and inserting 
     ``preceding 2 years'';

       (II) by striking paragraph (1);
       (III) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (1), (2), and (3), respectively;
       (IV) in paragraph (3), as so redesignated, by striking 
     ``and'' at the end; and
       (V) by inserting after paragraph (3), as so redesignated, 
     the following:

       ``(4) a summary of the risks and trends identified in the 
     Federal risk assessment required under subsection (i); and'';
       (iv) in subsection (h)--

       (I) in paragraph (2)--

[[Page S4358]]

       (aa) in subparagraph (A), by inserting ``and the National 
     Cyber Director'' after ``in coordination with the Director'';
       (bb) in subparagraph (B), by inserting ``, the scope of the 
     required action (such as applicable software, firmware, or 
     hardware versions),'' after ``reasons for the required 
     action''; and
       (cc) in subparagraph (D), by inserting ``, the National 
     Cyber Director,'' after ``notify the Director''; and

       (II) in paragraph (3)(A)(iv), by inserting ``, the National 
     Cyber Director'' after ``the Secretary provides prior notice 
     to the Director'';

       (v) by amending subsection (i) to read as follows:
       ``(i) Federal Risk Assessment.--On an ongoing and continual 
     basis, the Director of the Cybersecurity and Infrastructure 
     Security Agency shall assess the Federal risk posture using 
     any available information on the cybersecurity posture of 
     agencies, and brief the Director and National Cyber Director 
     on the findings of such assessment, including--
       ``(1) the status of agency cybersecurity remedial actions 
     for high value assets described in section 3554(b)(7);
       ``(2) any vulnerability information relating to the systems 
     of an agency that is known by the agency;
       ``(3) analysis of incident information under section 3597;
       ``(4) evaluation of penetration testing performed under 
     section 3559A;
       ``(5) evaluation of vulnerability disclosure program 
     information under section 3559B;
       ``(6) evaluation of agency threat hunting results;
       ``(7) evaluation of Federal and non-Federal cyber threat 
     intelligence;
       ``(8) data on agency compliance with standards issued under 
     section 11331 of title 40;
       ``(9) agency system risk assessments required under section 
     3554(a)(1)(A);
       ``(10) relevant reports from inspectors general of agencies 
     and the Government Accountability Office; and
       ``(11) any other information the Director of the 
     Cybersecurity and Infrastructure Security Agency determines 
     relevant.''; and
       (vi) by adding at the end the following:
       ``(m) Directives.--
       ``(1) Emergency directive updates.--If the Secretary issues 
     an emergency directive under this section, the Director of 
     the Cybersecurity and Infrastructure Security Agency shall 
     submit to the Director, the National Cyber Director, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, and the Committees on Oversight and 
     Accountability and Homeland Security of the House of 
     Representatives an update on the status of the implementation 
     of the emergency directive at agencies not later than 7 days 
     after the date on which the emergency directive requires an 
     agency to complete a requirement specified by the emergency 
     directive, and every 30 days thereafter until--
       ``(A) the date on which every agency has fully implemented 
     the emergency directive;
       ``(B) the Secretary determines that an emergency directive 
     no longer requires active reporting from agencies or 
     additional implementation; or
       ``(C) the date that is 1 year after the issuance of the 
     directive.
       ``(2) Binding operational directive updates.--If the 
     Secretary issues a binding operational directive under this 
     section, the Director of the Cybersecurity and Infrastructure 
     Security Agency shall submit to the Director, the National 
     Cyber Director, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committees on 
     Oversight and Accountability and Homeland Security of the 
     House of Representatives an update on the status of the 
     implementation of the binding operational directive at 
     agencies not later than 30 days after the issuance of the 
     binding operational directive, and every 90 days thereafter 
     until--
       ``(A) the date on which every agency has fully implemented 
     the binding operational directive;
       ``(B) the Secretary determines that a binding operational 
     directive no longer requires active reporting from agencies 
     or additional implementation; or
       ``(C) the date that is 1 year after the issuance or 
     substantive update of the directive.
       ``(3) Report.--If the Director of the Cybersecurity and 
     Infrastructure Security Agency ceases submitting updates 
     required under paragraphs (1) or (2) on the date described in 
     paragraph (1)(C) or (2)(C), the Director of the Cybersecurity 
     and Infrastructure Security Agency shall submit to the 
     Director, the National Cyber Director, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committees on Oversight and Accountability and Homeland 
     Security of the House of Representatives a list of every 
     agency that, at the time of the report--
       ``(A) has not completed a requirement specified by an 
     emergency directive; or
       ``(B) has not implemented a binding operational directive.
       ``(n) Review of Office of Management and Budget Guidance 
     and Policy.--
       ``(1) Conduct of review.--Not less frequently than once 
     every 3 years, the Director of the Office of Management and 
     Budget shall review the efficacy of the guidance and policy 
     promulgated by the Director in reducing cybersecurity risks, 
     including a consideration of reporting and compliance burden 
     on agencies.
       ``(2) Congressional notification.--The Director of the 
     Office of Management and Budget shall notify the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Accountability of the House of 
     Representatives of the results of the review under paragraph 
     (1).
       ``(3) GAO review.--The Government Accountability Office 
     shall review guidance and policy promulgated by the Director 
     to assess its efficacy in risk reduction and burden on 
     agencies.
       ``(o) Automated Standard Implementation Verification.--When 
     the Director of the National Institute of Standards and 
     Technology issues a proposed standard or guideline pursuant 
     to paragraphs (2) or (3) of section 20(a) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278g-
     3(a)), the Director of the National Institute of Standards 
     and Technology shall consider developing and, if appropriate 
     and practical, develop specifications to enable the automated 
     verification of the implementation of the controls.
       ``(p) Inspectors General Access to Federal Risk 
     Assessments.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall, upon request, make 
     available Federal risk assessment information under 
     subsection (i) to the Inspector General of the Department of 
     Homeland Security and the inspector general of any agency 
     that was included in the Federal risk assessment.'';
       (C) in section 3554--
       (i) in subsection (a)--

       (I) in paragraph (1)--

       (aa) by redesignating subparagraphs (A), (B), and (C) as 
     subparagraphs (B), (C), and (D), respectively;
       (bb) by inserting before subparagraph (B), as so 
     redesignated, the following:
       ``(A) on an ongoing and continual basis, assessing agency 
     system risk, as applicable, by--
       ``(i) identifying and documenting the high value assets of 
     the agency using guidance from the Director;
       ``(ii) evaluating the data assets inventoried under section 
     3511 for sensitivity to compromises in confidentiality, 
     integrity, and availability;
       ``(iii) identifying whether the agency is participating in 
     federally offered cybersecurity shared services programs;
       ``(iv) identifying agency systems that have access to or 
     hold the data assets inventoried under section 3511;
       ``(v) evaluating the threats facing agency systems and 
     data, including high value assets, based on Federal and non-
     Federal cyber threat intelligence products, where available;
       ``(vi) evaluating the vulnerability of agency systems and 
     data, including high value assets, including by analyzing--

       ``(I) the results of penetration testing performed by the 
     Department of Homeland Security under section 3553(b)(9);
       ``(II) the results of penetration testing performed under 
     section 3559A;
       ``(III) information provided to the agency through the 
     vulnerability disclosure program of the agency under section 
     3559B;
       ``(IV) incidents; and
       ``(V) any other vulnerability information relating to 
     agency systems that is known to the agency;

       ``(vii) assessing the impacts of potential agency incidents 
     to agency systems, data, and operations based on the 
     evaluations described in clauses (ii) and (v) and the agency 
     systems identified under clause (iv); and
       ``(viii) assessing the consequences of potential incidents 
     occurring on agency systems that would impact systems at 
     other agencies, including due to interconnectivity between 
     different agency systems or operational reliance on the 
     operations of the system or data in the system;'';
       (cc) in subparagraph (B), as so redesignated, in the matter 
     preceding clause (i), by striking ``providing information'' 
     and inserting ``using information from the assessment 
     required under subparagraph (A), providing information'';
       (dd) in subparagraph (C), as so redesignated--
       (AA) in clause (ii) by inserting ``binding'' before 
     ``operational''; and
       (BB) in clause (vi), by striking ``and'' at the end;
       (ee) in subparagraph (D), as so redesignated, by inserting 
     ``and'' after the semicolon at the end; and
       (ff) by adding at the end the following:
       ``(E) providing an update on the ongoing and continual 
     assessment required under subparagraph (A)--
       ``(i) upon request, to the inspector general of the agency 
     or the Comptroller General of the United States; and
       ``(ii) at intervals determined by guidance issued by the 
     Director, and to the extent appropriate and practicable using 
     automation, to--

       ``(I) the Director;
       ``(II) the Director of the Cybersecurity and Infrastructure 
     Security Agency; and
       ``(III) the National Cyber Director;'';
       (II) in paragraph (2)--

       (aa) in subparagraph (A), by inserting ``in accordance with 
     the agency system risk assessment required under paragraph 
     (1)(A)'' after ``information systems''; and
       (bb) in subparagraph (D), by inserting ``, through the use 
     of penetration testing, the vulnerability disclosure program 
     established under section 3559B, and other means,'' after 
     ``periodically'';

[[Page S4359]]

       (III) in paragraph (3)(A)--

       (aa) in the matter preceding clause (i), by striking 
     ``senior agency information security officer'' and inserting 
     ``Chief Information Security Officer'';
       (bb) in clause (i), by striking ``this section'' and 
     inserting ``subsections (a) through (c)'';
       (cc) in clause (ii), by striking ``training and'' and 
     inserting ``skills, training, and'';
       (dd) by redesignating clauses (iii) and (iv) as clauses 
     (iv) and (v), respectively;
       (ee) by inserting after clause (ii) the following:
       ``(iii) manage information security, cybersecurity budgets, 
     and risk and compliance activities and explain those concepts 
     to the head of the agency and the executive team of the 
     agency;''; and
       (ff) in clause (iv), as so redesignated, by striking 
     ``information security duties as that official's primary 
     duty'' and inserting ``information, computer network, and 
     technology security duties as the Chief Information Security 
     Officers' primary duty'';

       (IV) in paragraph (5), by striking ``annually'' and 
     inserting ``not less frequently than quarterly''; and
       (V) in paragraph (6), by striking ``official delegated'' 
     and inserting ``Chief Information Security Officer 
     delegated'';

       (ii) in subsection (b)--

       (I) by striking paragraph (1) and inserting the following:

       ``(1) the ongoing and continual assessment of agency system 
     risk required under subsection (a)(1)(A), which may include 
     using guidance and automated tools consistent with standards 
     and guidelines promulgated under section 11331 of title 40, 
     as applicable;'';

       (II) in paragraph (2)--

       (aa) by striking subparagraph (B);
       (bb) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively; and
       (cc) in subparagraph (C), as so redesignated--
       (AA) by redesignating clauses (iii) and (iv) as clauses 
     (iv) and (v), respectively;
       (BB) by inserting after clause (ii) the following:
       ``(iii) binding operational directives and emergency 
     directives issued by the Secretary under section 3553;''; and
       (CC) in clause (iv), as so redesignated, by striking ``as 
     determined by the agency;'' and inserting ``as determined by 
     the agency, considering the agency risk assessment required 
     under subsection (a)(1)(A);'';

       (III) in paragraph (5)(A), by inserting ``, including 
     penetration testing, as appropriate,'' after ``shall include 
     testing'';
       (IV) by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively;
       (V) by inserting after paragraph (6) the following:

       ``(7) a process for securely providing the status of 
     remedial cybersecurity actions and un-remediated identified 
     system vulnerabilities of high value assets to the Director 
     and the Director of the Cybersecurity and Infrastructure 
     Security Agency, using automation and machine-readable data 
     as appropriate;''; and

       (VI) in paragraph (8)(C), as so redesignated--

       (aa) by striking clause (ii) and inserting the following:
       ``(ii) notifying and consulting with the Federal 
     information security incident center established under 
     section 3556 pursuant to the requirements of section 3594;'';
       (bb) by redesignating clause (iii) as clause (iv);
       (cc) by inserting after clause (ii) the following:
       ``(iii) performing the notifications and other activities 
     required under subchapter IV of this chapter; and''; and
       (dd) in clause (iv), as so redesignated--
       (AA) in subclause (II), by adding ``and'' at the end;
       (BB) by striking subclause (III); and
       (CC) by redesignating subclause (IV) as subclause (III); 
     and
       (iii) in subsection (c)--

       (I) by redesignating paragraph (2) as paragraph (4);
       (II) by striking paragraph (1) and inserting the following:

       ``(1) Biennial report.--Not later than 2 years after the 
     date of enactment of the Federal Information Security 
     Modernization Act of 2024 and not less frequently than once 
     every 2 years thereafter, using the ongoing and continual 
     agency system risk assessment required under subsection 
     (a)(1)(A), the head of each agency shall submit to the 
     Director, the National Cyber Director, the Director of the 
     Cybersecurity and Infrastructure Security Agency, the 
     Comptroller General of the United States, the majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Oversight and Accountability of the House of 
     Representatives, the Committee on Homeland Security of the 
     House of Representatives, the Committee on Commerce, Science, 
     and Transportation of the Senate, the Committee on Science, 
     Space, and Technology of the House of Representatives, and 
     the appropriate authorization and appropriations committees 
     of Congress a report that--
       ``(A) summarizes the agency system risk assessment required 
     under subsection (a)(1)(A);
       ``(B) evaluates the adequacy and effectiveness of 
     information security policies, procedures, and practices of 
     the agency to address the risks identified in the agency 
     system risk assessment required under subsection (a)(1)(A), 
     including an analysis of the agency's cybersecurity and 
     incident response capabilities using the metrics established 
     under section 224(c) of the Cybersecurity Act of 2015 (6 
     U.S.C. 1522(c));
       ``(C) summarizes the status of remedial actions identified 
     by inspector general of the agency, the Comptroller General 
     of the United States, and any other source determined 
     appropriate by the head of the agency; and
       ``(D) includes the cybersecurity shared services offered by 
     the Cybersecurity and Infrastructure Security Agency that the 
     agency participates in, if any, and explanations for any non-
     participation in such services.
       ``(2) Unclassified reports.--Each report submitted under 
     paragraph (1)--
       ``(A) shall be, to the greatest extent practicable, in an 
     unclassified and otherwise uncontrolled form; and
       ``(B) may include 1 or more annexes that contain classified 
     or other sensitive information, as appropriate.
       ``(3) Briefings.--During each year during which a report is 
     not required to be submitted under paragraph (1), the 
     Director shall provide to the congressional committees 
     described in paragraph (1) a briefing summarizing current 
     agency and Federal risk postures.''; and

       (III) in paragraph (4), as so redesignated, by striking the 
     period at the end and inserting ``, including the reporting 
     procedures established under section 11315(d) of title 40 and 
     subsection (a)(3)(A)(v) of this section.'';

       (D) in section 3555--
       (i) in the section heading, by striking ``Annual 
     independent'' and inserting ``Independent'';
       (ii) in subsection (a)--

       (I) in paragraph (1), by inserting ``during which a report 
     is required to be submitted under section 3553(c),'' after 
     ``Each year'';
       (II) in paragraph (2)(A), by inserting ``, including by 
     performing, or reviewing the results of, agency penetration 
     testing and analyzing the vulnerability disclosure program of 
     the agency'' after ``information systems''; and
       (III) by adding at the end the following:

       ``(3) An evaluation under this section may include 
     recommendations for improving the cybersecurity posture of 
     the agency.'';
       (iii) in subsection (b)(1), by striking ``annual'';
       (iv) in subsection (e)(1), by inserting ``during which a 
     report is required to be submitted under section 3553(c)'' 
     after ``Each year'';
       (v) in subsection (g)(2)--

       (I) by striking ``this subsection shall'' and inserting 
     ``this subsection--

       ``(A) shall'';

       (II) in subparagraph (A), as so designated, by striking the 
     period at the end and inserting ``; and''; and
       (III) by adding at the end the following:

       ``(B) identify any entity that performs an independent 
     evaluation under subsection (b).'';
       (vi) by striking subsection (j) and inserting the 
     following:
       ``(j) Guidance.--
       ``(1) In general.--The Director, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, the Chief Information Officers Council, the Council 
     of the Inspectors General on Integrity and Efficiency, and 
     other interested parties as appropriate, shall ensure the 
     development of risk-based guidance for evaluating the 
     effectiveness of an information security program and 
     practices.
       ``(2) Priorities.--The risk-based guidance developed under 
     paragraph (1) shall include--
       ``(A) the identification of the most common successful 
     threat patterns;
       ``(B) the identification of security controls that address 
     the threat patterns described in subparagraph (A);
       ``(C) any other security risks unique to Federal systems; 
     and
       ``(D) any other element the Director determines 
     appropriate.''; and
       (vii) by adding at the end the following:
       ``(k) Coordination.--The head of each agency shall 
     coordinate with the inspector general of the agency, as 
     applicable, to ensure consistent understanding of agency 
     cybersecurity or information security policies for the 
     purpose of evaluations of such policies conducted by the 
     inspector general.''; and
       (E) in section 3556(a)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``within the Cybersecurity and Infrastructure Security 
     Agency'' after ``incident center''; and
       (ii) in paragraph (4), by striking ``3554(b)'' and 
     inserting ``3554(a)(1)(A)''.
       (4) Conforming amendments.--
       (A) Table of sections.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by striking 
     the item relating to section 3555 and inserting the 
     following:

``3555. Independent evaluation.''.
       (B) OMB reports.--Section 226(c) of the Cybersecurity Act 
     of 2015 (6 U.S.C. 1524(c)) is amended--
       (i) in paragraph (1)(B), in the matter preceding clause 
     (i), by striking ``annually thereafter'' and inserting 
     ``thereafter during the years during which a report is 
     required to be submitted under section 3553(c) of title 44, 
     United States Code''; and

[[Page S4360]]

       (ii) in paragraph (2)(B), in the matter preceding clause 
     (i)--

       (I) by striking ``annually thereafter'' and inserting 
     ``thereafter during the years during which a report is 
     required to be submitted under section 3553(c) of title 44, 
     United States Code''; and
       (II) by striking ``the report required under section 
     3553(c) of title 44, United States Code'' and inserting 
     ``that report''.

       (C) NIST responsibilities.--Section 20(d)(3)(B) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278g-3(d)(3)(B)) is amended by striking ``annual''.
       (5) Federal system incident response.--
       (A) In general.--Chapter 35 of title 44, United States 
     Code, is amended by adding at the end the following:

           ``SUBCHAPTER IV--FEDERAL SYSTEM INCIDENT RESPONSE

     ``Sec. 3591. Definitions

       ``(a) In General.--Except as provided in subsection (b), 
     the definitions under sections 3502 and 3552 shall apply to 
     this subchapter.
       ``(b) Additional Definitions.--As used in this subchapter:
       ``(1) Appropriate reporting entities.--The term 
     `appropriate reporting entities' means--
       ``(A) the majority and minority leaders of the Senate;
       ``(B) the Speaker and minority leader of the House of 
     Representatives;
       ``(C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(D) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(E) the Committee on Oversight and Accountability of the 
     House of Representatives;
       ``(F) the Committee on Homeland Security of the House of 
     Representatives;
       ``(G) the Committee on Science, Space, and Technology of 
     the House of Representatives;
       ``(H) the appropriate authorization and appropriations 
     committees of Congress;
       ``(I) the Director;
       ``(J) the Director of the Cybersecurity and Infrastructure 
     Security Agency;
       ``(K) the National Cyber Director;
       ``(L) the Comptroller General of the United States; and
       ``(M) the inspector general of any impacted agency.
       ``(2) Awardee.--The term `awardee', with respect to an 
     agency--
       ``(A) means--
       ``(i) the recipient of a grant from an agency;
       ``(ii) a party to a cooperative agreement with an agency; 
     and
       ``(iii) a party to an other transaction agreement with an 
     agency; and
       ``(B) includes a subawardee of an entity described in 
     subparagraph (A).
       ``(3) Breach.--The term `breach'--
       ``(A) means the compromise, unauthorized disclosure, 
     unauthorized acquisition, or loss of control of personally 
     identifiable information owned, maintained or otherwise 
     controlled by an agency, or any similar occurrence; and
       ``(B) includes any additional meaning given the term in 
     policies, principles, standards, or guidelines issued by the 
     Director.
       ``(4) Contractor.--The term `contractor' means a prime 
     contractor of an agency or a subcontractor of a prime 
     contractor of an agency that creates, collects, stores, 
     processes, maintains, or transmits Federal information on 
     behalf of an agency.
       ``(5) Federal information.--The term `Federal information' 
     means information created, collected, processed, maintained, 
     disseminated, disclosed, or disposed of by or for the Federal 
     Government in any medium or form.
       ``(6) Federal information system.--The term `Federal 
     information system' means an information system owned, 
     managed, or operated by an agency, or on behalf of an agency 
     by a contractor, an awardee, or another organization.
       ``(7) Intelligence community.--The term `intelligence 
     community' has the meaning given the term in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003).
       ``(8) Nationwide consumer reporting agency.--The term 
     `nationwide consumer reporting agency' means a consumer 
     reporting agency described in section 603(p) of the Fair 
     Credit Reporting Act (15 U.S.C. 1681a(p)).
       ``(9) Vulnerability disclosure.--The term `vulnerability 
     disclosure' means a vulnerability identified under section 
     3559B.

     ``Sec. 3592. Notification of breach

       ``(a) Definition.--In this section, the term `covered 
     breach' means a breach--
       ``(1) involving not less than 50,000 potentially affected 
     individuals; or
       ``(2) the result of which the head of an agency determines 
     that notifying potentially affected individuals is necessary 
     pursuant to subsection (b)(1), regardless of whether--
       ``(A) the number of potentially affected individuals is 
     less than 50,000; or
       ``(B) the notification is delayed under subsection (d).
       ``(b) Notification.--As expeditiously as practicable and 
     without unreasonable delay, and in any case not later than 45 
     days after an agency has a reasonable basis to conclude that 
     a breach has occurred, the head of the agency, in 
     consultation with the Chief Information Officer and Chief 
     Privacy Officer of the agency and, as appropriate, any non-
     Federal entity supporting the remediation of the breach, 
     shall--
       ``(1) determine whether notice to any individual 
     potentially affected by the breach is appropriate, including 
     by conducting an assessment of the risk of harm to the 
     individual that considers--
       ``(A) the nature and sensitivity of the personally 
     identifiable information affected by the breach;
       ``(B) the likelihood of access to and use of the personally 
     identifiable information affected by the breach;
       ``(C) the type of breach; and
       ``(D) any other factors determined by the Director; and
       ``(2) if the head of the agency determines notification is 
     necessary pursuant to paragraph (1), provide written 
     notification in accordance with subsection (c) to each 
     individual potentially affected by the breach--
       ``(A) to the last known mailing address of the individual; 
     or
       ``(B) through an appropriate alternative method of 
     notification.
       ``(c) Contents of Notification.--Each notification of a 
     breach provided to an individual under subsection (b)(2) 
     shall include, to the maximum extent practicable--
       ``(1) a brief description of the breach;
       ``(2) if possible, a description of the types of personally 
     identifiable information affected by the breach;
       ``(3) contact information of the agency that may be used to 
     ask questions of the agency, which--
       ``(A) shall include an e-mail address or another digital 
     contact mechanism; and
       ``(B) may include a telephone number, mailing address, or a 
     website;
       ``(4) information on any remedy being offered by the 
     agency;
       ``(5) any applicable educational materials relating to what 
     individuals can do in response to a breach that potentially 
     affects their personally identifiable information, including 
     relevant contact information for the appropriate Federal law 
     enforcement agencies and each nationwide consumer reporting 
     agency; and
       ``(6) any other appropriate information, as determined by 
     the head of the agency or established in guidance by the 
     Director.
       ``(d) Delay of Notification.--
       ``(1) In general.--The head of an agency, in coordination 
     with the Director and the National Cyber Director, and as 
     appropriate, the Attorney General, the Director of National 
     Intelligence, or the Secretary of Homeland Security, may 
     delay a notification required under subsection (b) or (e) if 
     the notification would--
       ``(A) impede a criminal investigation or a national 
     security activity;
       ``(B) cause an adverse result (as described in section 
     2705(a)(2) of title 18);
       ``(C) reveal sensitive sources and methods;
       ``(D) cause damage to national security; or
       ``(E) hamper security remediation actions.
       ``(2) Renewal.--A delay under paragraph (1) shall be for a 
     period of 60 days and may be renewed.
       ``(3) National security systems.--The head of an agency 
     delaying notification under this subsection with respect to a 
     breach exclusively of a national security system shall 
     coordinate such delay with the Secretary of Defense.
       ``(e) Update Notification.--If an agency determines there 
     is a significant change in the reasonable basis to conclude 
     that a breach occurred, a significant change to the 
     determination made under subsection (b)(1), or that it is 
     necessary to update the details of the information provided 
     to potentially affected individuals as described in 
     subsection (c), the agency shall as expeditiously as 
     practicable and without unreasonable delay, and in any case 
     not later than 30 days after such a determination, notify 
     each individual who received a notification pursuant to 
     subsection (b) of those changes.
       ``(f) Delay of Notification Report.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Information Security Modernization 
     Act of 2024, and annually thereafter, the head of an agency, 
     in coordination with any official who delays a notification 
     under subsection (d), shall submit to the appropriate 
     reporting entities a report on each delay that occurred 
     during the previous 2 years.
       ``(2) Component of other report.--The head of an agency may 
     submit the report required under paragraph (1) as a component 
     of the report submitted under section 3554(c).
       ``(g) Congressional Reporting Requirements.--
       ``(1) Review and update.--On a periodic basis, the Director 
     of the Office of Management and Budget shall review, and 
     update as appropriate, breach notification policies and 
     guidelines for agencies.
       ``(2) Required notice from agencies.--Subject to paragraph 
     (4), the Director of the Office of Management and Budget 
     shall require the head of an agency affected by a covered 
     breach to expeditiously and not later than 30 days after the 
     date on which the agency discovers the covered breach give 
     notice of the breach, which may be provided electronically, 
     to--
       ``(A) each congressional committee described in section 
     3554(c)(1); and
       ``(B) the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.
       ``(3) Contents of notice.--Notice of a covered breach 
     provided by the head of an agency pursuant to paragraph (2) 
     shall include, to the extent practicable--
       ``(A) information about the covered breach, including a 
     summary of any information about how the covered breach 
     occurred

[[Page S4361]]

     known by the agency as of the date of the notice;
       ``(B) an estimate of the number of individuals affected by 
     the covered breach based on information known by the agency 
     as of the date of the notice, including an assessment of the 
     risk of harm to affected individuals;
       ``(C) a description of any circumstances necessitating a 
     delay in providing notice to individuals affected by the 
     covered breach in accordance with subsection (d); and
       ``(D) an estimate of when the agency will provide notice to 
     individuals affected by the covered breach, if applicable.
       ``(4) Exception.--Any agency that is required to provide 
     notice to Congress pursuant to paragraph (2) due to a covered 
     breach exclusively on a national security system shall only 
     provide such notice to--
       ``(A) the majority and minority leaders of the Senate;
       ``(B) the Speaker and minority leader of the House of 
     Representatives;
       ``(C) the appropriations committees of Congress;
       ``(D) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(E) the Select Committee on Intelligence of the Senate;
       ``(F) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       ``(G) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(5) Rule of construction.--Nothing in paragraphs (1) 
     through (3) shall be construed to alter any authority of an 
     agency.
       ``(h) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) limit--
       ``(A) the authority of the Director to issue guidance 
     relating to notifications of, or the head of an agency to 
     notify individuals potentially affected by, breaches that are 
     not determined to be covered breaches or major incidents;
       ``(B) the authority of the Director to issue guidance 
     relating to notifications and reporting of breaches, covered 
     breaches, or major incidents;
       ``(C) the authority of the head of an agency to provide 
     more information than required under subsection (b) when 
     notifying individuals potentially affected by a breach;
       ``(D) the timing of incident reporting or the types of 
     information included in incident reports provided, pursuant 
     to this subchapter, to--
       ``(i) the Director;
       ``(ii) the National Cyber Director;
       ``(iii) the Director of the Cybersecurity and 
     Infrastructure Security Agency; or
       ``(iv) any other agency;
       ``(E) the authority of the head of an agency to provide 
     information to Congress about agency breaches, including--
       ``(i) breaches that are not covered breaches; and
       ``(ii) additional information beyond the information 
     described in subsection (g)(3); or
       ``(F) any congressional reporting requirements of agencies 
     under any other law; or
       ``(2) limit or supersede any existing privacy protections 
     in existing law.

     ``Sec. 3593. Congressional and executive branch reports on 
       major incidents

       ``(a) Appropriate Congressional Entities.--In this section, 
     the term `appropriate congressional entities' means--
       ``(1) the majority and minority leaders of the Senate;
       ``(2) the Speaker and minority leader of the House of 
     Representatives;
       ``(3) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(4) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(5) the Committee on Oversight and Accountability of the 
     House of Representatives;
       ``(6) the Committee on Homeland Security of the House of 
     Representatives;
       ``(7) the Committee on Science, Space, and Technology of 
     the House of Representatives; and
       ``(8) the appropriate authorization and appropriations 
     committees of Congress.
       ``(b) Initial Notification.--
       ``(1) In general.--Not later than 72 hours after an agency 
     has a reasonable basis to conclude that a major incident 
     occurred, the head of the agency impacted by the major 
     incident shall submit to the appropriate reporting entities a 
     written notification, which may be submitted electronically 
     and include 1 or more annexes that contain classified or 
     other sensitive information, as appropriate.
       ``(2) Contents.--A notification required under paragraph 
     (1) with respect to a major incident shall include the 
     following, based on information available to agency officials 
     as of the date on which the agency submits the notification:
       ``(A) A summary of the information available about the 
     major incident, including how the major incident occurred and 
     the threat causing the major incident.
       ``(B) If applicable, information relating to any breach 
     associated with the major incident, regardless of whether--
       ``(i) the breach was the reason the incident was determined 
     to be a major incident; and
       ``(ii) head of the agency determined it was appropriate to 
     provide notification to potentially impacted individuals 
     pursuant to section 3592(b)(1).
       ``(C) A preliminary assessment of the impacts to--
       ``(i) the agency;
       ``(ii) the Federal Government;
       ``(iii) the national security, foreign relations, homeland 
     security, and economic security of the United States; and
       ``(iv) the civil liberties, public confidence, privacy, and 
     public health and safety of the people of the United States.
       ``(D) If applicable, whether any ransom has been demanded 
     or paid, or is expected to be paid, by any entity operating a 
     Federal information system or with access to Federal 
     information or a Federal information system, including, as 
     available, the name of the entity demanding ransom, the date 
     of the demand, and the amount and type of currency demanded, 
     unless disclosure of such information will disrupt an active 
     Federal law enforcement or national security operation.
       ``(c) Supplemental Update.--Within a reasonable amount of 
     time, but not later than 30 days after the date on which the 
     head of an agency submits a written notification under 
     subsection (b), the head of the agency shall provide to the 
     appropriate congressional entities an unclassified and 
     written update, which may include 1 or more annexes that 
     contain classified or other sensitive information, as 
     appropriate, on the major incident, based on information 
     available to agency officials as of the date on which the 
     agency provides the update, on--
       ``(1) system vulnerabilities relating to the major 
     incident, where applicable, means by which the major incident 
     occurred, the threat causing the major incident, where 
     applicable, and impacts of the major incident to--
       ``(A) the agency;
       ``(B) other Federal agencies, Congress, or the judicial 
     branch;
       ``(C) the national security, foreign relations, homeland 
     security, or economic security of the United States; or
       ``(D) the civil liberties, public confidence, privacy, or 
     public health and safety of the people of the United States;
       ``(2) the status of compliance of the affected Federal 
     information system with applicable security requirements at 
     the time of the major incident;
       ``(3) if the major incident involved a breach, a 
     description of the affected information, an estimate of the 
     number of individuals potentially impacted, and any 
     assessment to the risk of harm to such individuals;
       ``(4) an update to the assessment of the risk to agency 
     operations, or to impacts on other agency or non-Federal 
     entity operations, affected by the major incident;
       ``(5) the detection, response, and remediation actions of 
     the agency, including any support provided by the 
     Cybersecurity and Infrastructure Security Agency under 
     section 3594(d), if applicable;
       ``(6) as appropriate and available, actions undertaken by 
     any non-Federal entities impacted by or supporting 
     remediation of the major incident; and
       ``(7) as appropriate and available, recommendations for 
     mitigating future similar incidents, including 
     recommendations from any non-Federal entity impacted by or 
     supporting the remediation of the major incident.
       ``(d) Additional Update.--If the head of an agency, the 
     Director, or the National Cyber Director determines that 
     there is any significant change in the understanding of the 
     scope, scale, or consequence of a major incident for which 
     the head of the agency submitted a written notification and 
     update under subsections (b) and (c), the head of the agency 
     shall submit to the appropriate congressional entities a 
     written update that includes information relating to the 
     change in understanding.
       ``(e) Biennial Report.--Each agency shall submit as part of 
     the biennial report required under section 3554(c)(1) a 
     description of each major incident that occurred during the 
     2-year period preceding the date on which the biennial report 
     is submitted.
       ``(f) Report Delivery.--
       ``(1) In general.--Any written notification or update 
     required to be submitted under this section--
       ``(A) shall be submitted in an electronic format; and
       ``(B) may be submitted in a paper format.
       ``(2) Classification status.--Any written notification or 
     update required to be submitted under this section--
       ``(A) shall be--
       ``(i) unclassified; and
       ``(ii) submitted through unclassified electronic means 
     pursuant to paragraph (1)(A); and
       ``(B) may include classified annexes, as appropriate.
       ``(g) Report Consistency.--To achieve consistent and 
     coherent agency reporting to Congress, the National Cyber 
     Director, in coordination with the Director, shall--
       ``(1) provide recommendations to agencies on formatting and 
     the contents of information to be included in the reports 
     required under this section, including recommendations for 
     consistent formats for presenting any associated metrics; and
       ``(2) maintain a comprehensive record of each major 
     incident notification, update, and briefing provided under 
     this section, which shall--
       ``(A) include, at a minimum--
       ``(i) the full contents of the written notification or 
     update;
       ``(ii) the identity of the reporting agency; and
       ``(iii) the date of submission; and
       ``(iv) a list of the recipient congressional entities; and
       ``(B) be made available upon request to the majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the

[[Page S4362]]

     House of Representatives, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, and the Committee on 
     Oversight and Accountability of the House of Representatives.
       ``(h) National Security Systems Congressional Reporting 
     Exemption.--With respect to a major incident that occurs 
     exclusively on a national security system, the head of the 
     affected agency shall submit the notifications and reports 
     required to be submitted to Congress under this section only 
     to--
       ``(1) the majority and minority leaders of the Senate;
       ``(2) the Speaker and minority leader of the House of 
     Representatives;
       ``(3) the appropriations committees of Congress;
       ``(4) the appropriate authorization committees of Congress;
       ``(5) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(6) the Select Committee on Intelligence of the Senate;
       ``(7) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       ``(8) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(i) Major Incidents Including Breaches.--If a major 
     incident constitutes a covered breach, as defined in section 
     3592(a), information on the covered breach required to be 
     submitted to Congress pursuant to section 3592(g) may--
       ``(1) be included in the notifications required under 
     subsection (b) or (c); or
       ``(2) be reported to Congress under the process established 
     under section 3592(g).
       ``(j) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) limit--
       ``(A) the ability of an agency to provide additional 
     reports or briefings to Congress;
       ``(B) Congress from requesting additional information from 
     agencies through reports, briefings, or other means; and
       ``(C) any congressional reporting requirements of agencies 
     under any other law; or
       ``(2) limit or supersede any privacy protections under any 
     other law.

     ``Sec. 3594. Government information sharing and incident 
       response

       ``(a) In General.--
       ``(1) Incident sharing.--Subject to paragraph (4) and 
     subsection (b), and in accordance with the applicable 
     requirements pursuant to section 3553(b)(2)(A) for reporting 
     to the Federal information security incident center 
     established under section 3556, the head of each agency shall 
     provide to the Cybersecurity and Infrastructure Security 
     Agency information relating to any incident affecting the 
     agency, whether the information is obtained by the Federal 
     Government directly or indirectly.
       ``(2) Contents.--A provision of information relating to an 
     incident made by the head of an agency under paragraph (1) 
     shall include, at a minimum--
       ``(A) a full description of the incident, including--
       ``(i) all indicators of compromise and tactics, techniques, 
     and procedures;
       ``(ii) an indicator of how the intruder gained initial 
     access, accessed agency data or systems, and undertook 
     additional actions on the network of the agency;
       ``(iii) information that would support enabling defensive 
     measures; and
       ``(iv) other information that may assist in identifying 
     other victims;
       ``(B) information to help prevent similar incidents, such 
     as information about relevant safeguards in place when the 
     incident occurred and the effectiveness of those safeguards; 
     and
       ``(C) information to aid in incident response, such as--
       ``(i) a description of the affected systems or networks;
       ``(ii) the estimated dates of when the incident occurred; 
     and
       ``(iii) information that could reasonably help identify any 
     malicious actor that may have conducted or caused the 
     incident, subject to appropriate privacy protections.
       ``(3) Information sharing.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall--
       ``(A) make incident information provided under paragraph 
     (1) available to the Director and the National Cyber 
     Director;
       ``(B) to the greatest extent practicable, share information 
     relating to an incident with--
       ``(i) the head of any agency that may be--

       ``(I) impacted by the incident;
       ``(II) particularly susceptible to the incident; or
       ``(III) similarly targeted by the incident; and

       ``(ii) appropriate Federal law enforcement agencies to 
     facilitate any necessary threat response activities, as 
     requested;
       ``(C) coordinate any necessary information sharing efforts 
     relating to a major incident with the private sector; and
       ``(D) notify the National Cyber Director of any efforts 
     described in subparagraph (C).
       ``(4) National security systems exemption.--
       ``(A) In general.--Notwithstanding paragraphs (1) and (3), 
     each agency operating or exercising control of a national 
     security system shall share information about an incident 
     that occurs exclusively on a national security system with 
     the Secretary of Defense, the Director, the National Cyber 
     Director, and the Director of the Cybersecurity and 
     Infrastructure Security Agency to the extent consistent with 
     standards and guidelines for national security systems issued 
     in accordance with law and as directed by the President.
       ``(B) Protections.--Any information sharing and handling of 
     information under this paragraph shall be appropriately 
     protected consistent with procedures authorized for the 
     protection of sensitive sources and methods or by procedures 
     established for information that have been specifically 
     authorized under criteria established by an Executive order 
     or an Act of Congress to be kept classified in the interest 
     of national defense or foreign policy.
       ``(b) Automation.--In providing information and selecting a 
     method to provide information under subsection (a), the head 
     of each agency shall implement subsection (a)(1) in a manner 
     that provides such information to the Cybersecurity and 
     Infrastructure Security Agency in an automated and machine-
     readable format, to the greatest extent practicable.
       ``(c) Incident Response.--Each agency that has a reasonable 
     basis to suspect or conclude that a major incident occurred 
     involving Federal information in electronic medium or form 
     that does not exclusively involve a national security system 
     shall coordinate with--
       ``(1) the Cybersecurity and Infrastructure Security Agency 
     to facilitate asset response activities and provide 
     recommendations for mitigating future incidents; and
       ``(2) consistent with relevant policies, appropriate 
     Federal law enforcement agencies to facilitate threat 
     response activities.

     ``Sec. 3595. Responsibilities of contractors and awardees

       ``(a) Notification.--
       ``(1) In general.--Any contractor or awardee of an agency 
     shall provide written notification to the agency if the 
     contractor or awardee has a reasonable basis to conclude 
     that--
       ``(A) an incident or breach has occurred with respect to 
     Federal information the contractor or awardee collected, 
     used, or maintained on behalf of an agency;
       ``(B) an incident or breach has occurred with respect to a 
     Federal information system used, operated, managed, or 
     maintained on behalf of an agency by the contractor or 
     awardee;
       ``(C) a component of any Federal information system 
     operated, managed, or maintained by a contractor or awardee 
     contains a security vulnerability, including a supply chain 
     compromise or an identified software or hardware 
     vulnerability, for which there is reliable evidence of a 
     successful exploitation of the vulnerability by an actor 
     without authorization of the Federal information system 
     owner; or
       ``(D) the contractor or awardee has received from the 
     agency personally identifiable information or personal health 
     information that is beyond the scope of the contract or 
     agreement with the agency that the contractor or awardee is 
     not authorized to receive.
       ``(2) Third-party notification of vulnerabilities.--Subject 
     to the guidance issued by the Director pursuant to paragraph 
     (4), any contractor or awardee of an agency shall provide 
     written notification to the agency and the Cybersecurity and 
     Infrastructure Security Agency if the contractor or awardee 
     has a reasonable basis to conclude that a component of any 
     Federal information system operated, managed, or maintained 
     on behalf of an agency by the contractor or awardee on behalf 
     of the agency contains a security vulnerability, including a 
     supply chain compromise or an identified software or hardware 
     vulnerability, that has been reported to the contractor or 
     awardee by a third party, including through a vulnerability 
     disclosure program.
       ``(3) Procedures.--
       ``(A) Sharing with cisa.--As soon as practicable following 
     a notification of an incident or vulnerability to an agency 
     by a contractor or awardee under paragraph (1), the head of 
     the agency shall provide, pursuant to section 3594, 
     information about the incident or vulnerability to the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency.
       ``(B) Timing of notifications.--Unless a different time for 
     notification is specified in a contract, grant, cooperative 
     agreement, or other transaction agreement, a contractor or 
     awardee shall--
       ``(i) make a notification required under paragraph (1) not 
     later than 1 day after the date on which the contractor or 
     awardee has reasonable basis to suspect or conclude that the 
     criteria under paragraph (1) have been met; and
       ``(ii) make a notification required under paragraph (2) 
     within a reasonable time, but not later than 90 days after 
     the date on which the contractor or awardee has reasonable 
     basis to suspect or conclude that the criteria under 
     paragraph (2) have been met.
       ``(C) Procedures.--Following a notification of a breach or 
     incident to an agency by a contractor or awardee under 
     paragraph (1), the head of the agency, in consultation with 
     the contractor or awardee, shall carry out the applicable 
     requirements under sections 3592, 3593, and 3594 with respect 
     to the breach or incident.
       ``(D) Rule of construction.--Nothing in subparagraph (B) 
     shall be construed to allow the negation of the requirements 
     to notify vulnerabilities under paragraph (1) or (2) through 
     a contract, grant, cooperative agreement, or other 
     transaction agreement.

[[Page S4363]]

       ``(4) Guidance.--The Director shall issue guidance as soon 
     as practicable to agencies relating to the scope of 
     vulnerabilities to be included in required notifications 
     under paragraph (2), such as the minimum severity or minimum 
     risk level of a vulnerability included in required 
     notifications, whether vulnerabilities that are already 
     publicly disclosed must be reported, or likely cybersecurity 
     impact to Federal information systems.
       ``(b) Regulations; Modifications.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Federal Information Security Modernization 
     Act of 2024--
       ``(A) the Federal Acquisition Regulatory Council shall 
     promulgate regulations, as appropriate, relating to the 
     responsibilities of contractors and recipients of other 
     transaction agreements and cooperative agreements to comply 
     with this section; and
       ``(B) the Office of Federal Financial Management shall 
     promulgate regulations under title 2, Code of Federal 
     Regulations, as appropriate, relating to the responsibilities 
     of grantees to comply with this section.
       ``(2) Implementation.--Not later than 1 year after the date 
     on which the Federal Acquisition Regulatory Council and the 
     Office of Federal Financial Management promulgates 
     regulations under paragraph (1), the head of each agency 
     shall implement policies and procedures, as appropriate, 
     necessary to implement those regulations.
       ``(3) Congressional notification.--
       ``(A) In general.--The head of each agency head shall 
     notify the Director upon implementation of policies and 
     procedures necessary to implement the regulations promulgated 
     under paragraph (1).
       ``(B) OMB notification.-- Not later than 30 days after the 
     date described in paragraph (2), the Director shall notify 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committees on Oversight and 
     Accountability and Homeland Security of the House of 
     Representatives on the status of the implementation by each 
     agency of the regulations promulgated under paragraph (1).
       ``(c) Allowable Use.--Information provided to an agency 
     pursuant to this section may be disclosed to, retained by, 
     and used by any agency, component, officer, employee, or 
     agent of the Federal Government solely for any of the 
     following:
       ``(1) A cybersecurity purpose (as defined in section 2200 
     of the Homeland Security Act of 2002 (6 U.S.C. 650)).
       ``(2) Identifying--
       ``(A) a cyber threat (as defined in such section 2200), 
     including the source of the cyber threat; or
       ``(B) a security vulnerability (as defined in such section 
     2200).
       ``(3) Preventing, investigating, disrupting, or prosecuting 
     an offense arising out of an incident notified to an agency 
     pursuant to this section or any of the offenses listed in 
     section 105(d)(5)(A)(v) of the Cybersecurity Information 
     Sharing Act of 2015 (6 U.S.C. 1504(d)(5)(A)(v)).
       ``(d) Harmonization of Other Private-sector Cybersecurity 
     Reporting Obligations.--Any non-Federal entity required to 
     report an incident under section 2242 of the Homeland 
     Security Act of 2002 (6 U.S.C. 681b) may submit as part of 
     the written notification requirements in this section all 
     information required by such section 2242 to the agency of 
     which the entity is a contractor or recipient of Federal 
     financial assistance, or with which the entity holds an other 
     transaction agreement or cooperative agreement, within the 
     deadline specified in subsection (a)(3)(B)(1). If such 
     submission is completed, the non-Federal entity shall not be 
     required to subsequently report the same incident under the 
     requirements of such section 2242. Any incident information 
     shared under this subsection shall be shared with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency pursuant to subsection (a)(3)(A).
       ``(e) National Security Systems Exemption.--Notwithstanding 
     any other provision of this section, a contractor or awardee 
     of an agency that would be required to report an incident or 
     vulnerability pursuant to this section that occurs 
     exclusively on a national security system shall--
       ``(1) report the incident or vulnerability to the head of 
     the agency and the Secretary of Defense; and
       ``(2) comply with applicable laws and policies relating to 
     national security systems.

     ``Sec. 3596. Training

       ``(a) Covered Individual Defined.--In this section, the 
     term `covered individual' means an individual who obtains 
     access to a Federal information system because of the status 
     of the individual as--
       ``(1) an employee, contractor, awardee, volunteer, or 
     intern of an agency; or
       ``(2) an employee of a contractor or awardee of an agency.
       ``(b) Best Practices and Consistency.--The Director of the 
     Cybersecurity and Infrastructure Security Agency, in 
     consultation with the Director, the National Cyber Director, 
     and the Director of the National Institute of Standards and 
     Technology, shall consolidate best practices to support 
     consistency across agencies in cybersecurity incident 
     response training, including--
       ``(1) information to be collected and shared with the 
     Cybersecurity and Infrastructure Security Agency pursuant to 
     section 3594(a) and processes for sharing such information; 
     and
       ``(2) appropriate training and qualifications for cyber 
     incident responders.
       ``(c) Agency Training.--The head of each agency shall 
     develop training for covered individuals on how to identify 
     and respond to an incident, including--
       ``(1) the internal process of the agency for reporting an 
     incident; and
       ``(2) the obligation of a covered individual to report to 
     the agency any suspected or confirmed incident involving 
     Federal information in any medium or form, including paper, 
     oral, and electronic.
       ``(d) Inclusion in Annual Training.--The training developed 
     under subsection (c) may be included as part of an annual 
     privacy, security awareness, or other appropriate training of 
     an agency.

     ``Sec. 3597. Analysis and report on Federal incidents

       ``(a) Analysis of Federal Incidents.--
       ``(1) Quantitative and qualitative analyses.--The Director 
     of the Cybersecurity and Infrastructure Security Agency shall 
     perform and, in coordination with the Director and the 
     National Cyber Director, develop, continuous monitoring and 
     quantitative and qualitative analyses of incidents at 
     agencies, including major incidents, including--
       ``(A) the causes of incidents, including--
       ``(i) attacker tactics, techniques, and procedures; and
       ``(ii) system vulnerabilities, including zero days, 
     unpatched systems, and information system misconfigurations;
       ``(B) the scope and scale of incidents at agencies;
       ``(C) common root causes of incidents across multiple 
     agencies;
       ``(D) agency incident response, recovery, and remediation 
     actions and the effectiveness of those actions, as 
     applicable;
       ``(E) lessons learned and recommendations in responding to, 
     recovering from, remediating, and mitigating future 
     incidents; and
       ``(F) trends across multiple agencies to address intrusion 
     detection and incident response capabilities using the 
     metrics established under section 224(c) of the Cybersecurity 
     Act of 2015 (6 U.S.C. 1522(c)).
       ``(2) Automated analysis.--The analyses developed under 
     paragraph (1) shall, to the greatest extent practicable, use 
     machine-readable data, automation, and machine learning 
     processes.
       ``(3) Sharing of data and analysis.--
       ``(A) In general.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall share on an ongoing 
     basis the analyses and underlying data required under this 
     subsection with agencies, the Director, and the National 
     Cyber Director to--
       ``(i) improve the understanding of cybersecurity risk of 
     agencies; and
       ``(ii) support the cybersecurity improvement efforts of 
     agencies.
       ``(B) Format.--In carrying out subparagraph (A), the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency shall share the analyses--
       ``(i) in human-readable written products; and
       ``(ii) to the greatest extent practicable, in machine-
     readable formats in order to enable automated intake and use 
     by agencies.
       ``(C) Exemption.--This subsection shall not apply to 
     incidents that occur exclusively on national security 
     systems.
       ``(b) Annual Report on Federal Incidents.--Not later than 2 
     years after the date of enactment of this section, and not 
     less frequently than annually thereafter, the Director of the 
     Cybersecurity and Infrastructure Security Agency, in 
     consultation with the Director, the National Cyber Director 
     and the heads of other agencies, as appropriate, shall submit 
     to the appropriate reporting entities a report that 
     includes--
       ``(1) a summary of causes of incidents from across the 
     Federal Government that categorizes those incidents as 
     incidents or major incidents;
       ``(2) the quantitative and qualitative analyses of 
     incidents developed under subsection (a)(1) on an agency-by-
     agency basis and comprehensively across the Federal 
     Government, including--
       ``(A) a specific analysis of breaches; and
       ``(B) an analysis of the Federal Government's performance 
     against the metrics established under section 224(c) of the 
     Cybersecurity Act of 2015 (6 U.S.C. 1522(c)); and
       ``(3) an annex for each agency that includes--
       ``(A) a description of each major incident;
       ``(B) the total number of incidents of the agency; and
       ``(C) an analysis of the agency's performance against the 
     metrics established under section 224(c) of the Cybersecurity 
     Act of 2015 (6 U.S.C. 1522(c)).
       ``(c) Publication.--
       ``(1) In general.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall make a version of each 
     report submitted under subsection (b) publicly available on 
     the website of the Cybersecurity and Infrastructure Security 
     Agency during the year during which the report is submitted.
       ``(2) Exemption.--The publication requirement under 
     paragraph (1) shall not apply to a portion of a report that 
     contains content that should be protected in the interest of 
     national security, as determined by the Director, the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, or the National Cyber Director.
       ``(3) Limitation on exemption.--The exemption under 
     paragraph (2) shall not apply to any version of a report 
     submitted to the appropriate reporting entities under 
     subsection (b).

[[Page S4364]]

       ``(4) Requirement for compiling information.--
       ``(A) Compilation.--Subject to subparagraph (B), in making 
     a report publicly available under paragraph (1), the Director 
     of the Cybersecurity and Infrastructure Security Agency shall 
     sufficiently compile information so that no specific incident 
     of an agency can be identified.
       ``(B) Exception.--The Director of the Cybersecurity and 
     Infrastructure Security Agency may include information that 
     enables a specific incident of an agency to be identified in 
     a publicly available report--
       ``(i) with the concurrence of the Director and the National 
     Cyber Director;
       ``(ii) in consultation with the impacted agency, which may, 
     as appropriate, consult with any non-Federal entity impacted 
     by or supporting the remediation of such incident; and
       ``(iii) in consultation with the inspector general of the 
     impacted agency.
       ``(d) Information Provided by Agencies.--
       ``(1) In general.--The analysis required under subsection 
     (a) and each report submitted under subsection (b) shall use 
     information provided by agencies under section 3594(a).
       ``(2) Noncompliance reports.--During any year during which 
     the head of an agency does not provide data for an incident 
     to the Cybersecurity and Infrastructure Security Agency in 
     accordance with section 3594(a), the head of the agency, in 
     coordination with the Director of the Cybersecurity and 
     Infrastructure Security Agency and the Director, shall submit 
     to the appropriate reporting entities a report that includes 
     the information described in subsection (b) with respect to 
     the agency.
       ``(e) National Security System Reports.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, the Secretary of Defense, in consultation with 
     the Director, the National Cyber Director, the Director of 
     National Intelligence, and the Director of the Cybersecurity 
     and Infrastructure Security Agency shall annually submit a 
     report that includes the information described in subsection 
     (b) with respect to national security systems, to the extent 
     that the submission is consistent with standards and 
     guidelines for national security systems issued in accordance 
     with law and as directed by the President, to--
       ``(A) the majority and minority leaders of the Senate;
       ``(B) the Speaker and minority leader of the House of 
     Representatives;
       ``(C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(D) the Select Committee on Intelligence of the Senate;
       ``(E) the Committee on Armed Services of the Senate;
       ``(F) the Committee on Appropriations of the Senate;
       ``(G) the Committee on Oversight and Accountability of the 
     House of Representatives;
       ``(H) the Committee on Homeland Security of the House of 
     Representatives;
       ``(I) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       ``(J) the Committee on Armed Services of the House of 
     Representatives; and
       ``(K) the Committee on Appropriations of the House of 
     Representatives.
       ``(2) Classified form.--A report required under paragraph 
     (1) may be submitted in a classified form.

     ``Sec. 3598. Major incident definition

       ``(a) In General.--Not later than 1 year after the later of 
     the date of enactment of the Federal Information Security 
     Modernization Act of 2024 and the most recent publication by 
     the Director of guidance to agencies regarding major 
     incidents as of the date of enactment of the Federal 
     Information Security Modernization Act of 2024, the Director 
     shall develop, in coordination with the National Cyber 
     Director, and promulgate guidance on the definition of the 
     term `major incident' for the purposes of subchapter II and 
     this subchapter.
       ``(b) Requirements.--With respect to the guidance issued 
     under subsection (a), the definition of the term `major 
     incident' shall--
       ``(1) include, with respect to any information collected or 
     maintained by or on behalf of an agency or a Federal 
     information system--
       ``(A) any incident the head of the agency determines is 
     likely to result in demonstrable harm to--
       ``(i) the national security interests, foreign relations, 
     homeland security, or economic security of the United States; 
     or
       ``(ii) the civil liberties, public confidence, privacy, or 
     public health and safety of the people of the United States;
       ``(B) any incident the head of the agency determines likely 
     to result in an inability or substantial disruption for the 
     agency, a component of the agency, or the Federal Government, 
     to provide 1 or more critical services;
       ``(C) any incident the head of the agency determines 
     substantially disrupts or substantially degrades the 
     operations of a high value asset owned or operated by the 
     agency;
       ``(D) any incident involving the exposure to a foreign 
     entity of sensitive agency information, such as the 
     communications of the head of the agency, the head of a 
     component of the agency, or the direct reports of the head of 
     the agency or the head of a component of the agency; and
       ``(E) any other type of incident determined appropriate by 
     the Director;
       ``(2) stipulate that the National Cyber Director, in 
     consultation with the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency, may declare 
     a major incident at any agency, and such a declaration shall 
     be considered if it is determined that an incident--
       ``(A) occurs at not less than 2 agencies; and
       ``(B) is enabled by--
       ``(i) a common technical root cause, such as a supply chain 
     compromise, or a common software or hardware vulnerability; 
     or
       ``(ii) the related activities of a common threat actor;
       ``(3) stipulate that, in determining whether an incident 
     constitutes a major incident under the standards described in 
     paragraph (1), the head of the agency shall consult with the 
     National Cyber Director; and
       ``(4) stipulate that the mere report of a vulnerability 
     discovered or disclosed without a loss of confidentiality, 
     integrity, or availability shall not on its own constitute a 
     major incident.
       ``(c) Evaluation and Updates.--Not later than 60 days after 
     the date on which the Director first promulgates the guidance 
     required under subsection (a), and not less frequently than 
     once during the first 90 days of each evenly numbered 
     Congress thereafter, the Director shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committees on Oversight and Accountability 
     and Homeland Security of the House of Representatives a 
     briefing that includes--
       ``(1) an evaluation of any necessary updates to the 
     guidance;
       ``(2) an evaluation of any necessary updates to the 
     definition of the term `major incident' included in the 
     guidance; and
       ``(3) an explanation of, and the analysis that led to, the 
     definition described in paragraph (2).''.
       (B) Clerical amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding at 
     the end the following:

            ``subchapter iv--federal system incident response

``3591. Definitions.
``3592. Notification of breach.
``3593. Congressional and executive branch reports on major incidents.
``3594. Government information sharing and incident response.
``3595. Responsibilities of contractors and awardees.
``3596. Training.
``3597. Analysis and report on Federal incidents.
``3598. Major incident definition.''.
       (b) Amendments to Subtitle III of Title 40.--
       (1) Modernizing government technology.--Subtitle G of title 
     X of division A of the National Defense Authorization Act for 
     Fiscal Year 2018 (40 U.S.C. 11301 note) is amended in section 
     1078--
       (A) by striking subsection (a) and inserting the following:
       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term in section 551 of title 5, United States Code.
       ``(2) High value asset.--The term `high value asset' has 
     the meaning given the term in section 3552 of title 44, 
     United States Code.'';
       (B) in subsection (b), by adding at the end the following:
       ``(8) Proposal evaluation.--The Director shall--
       ``(A) give consideration for the use of amounts in the Fund 
     to improve the security of high value assets; and
       ``(B) require that any proposal for the use of amounts in 
     the Fund includes, as appropriate, and which may be 
     incorporated into otherwise required project proposal 
     documentation--
       ``(i) cybersecurity risk management considerations; and
       ``(ii) a supply chain risk assessment in accordance with 
     section 1326 of title 41.''; and
       (C) in subsection (c)--
       (i) in paragraph (2)(A)(i), by inserting ``, including a 
     consideration of the impact on high value assets'' after 
     ``operational risks'';
       (ii) in paragraph (5)--

       (I) in subparagraph (A), by striking ``and'' at the end;
       (II) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (III) by adding at the end the following:

       ``(C) a senior official from the Cybersecurity and 
     Infrastructure Security Agency of the Department of Homeland 
     Security, appointed by the Director.''; and
       (iii) in paragraph (6)(A), by striking ``shall be--'' and 
     all that follows through ``4 employees'' and inserting 
     ``shall be 4 employees''.
       (2) Subchapter i.--Subchapter I of chapter 113 of subtitle 
     III of title 40, United States Code, is amended--
       (A) in section 11302--
       (i) in subsection (b), by striking ``use, security, and 
     disposal of'' and inserting ``use, and disposal of, and, in 
     consultation with the Director of the Cybersecurity and 
     Infrastructure Security Agency and the National Cyber 
     Director, promote and improve the security of,''; and
       (ii) in subsection (h), by inserting ``, including 
     cybersecurity performances,'' after ``the performances''; and
       (B) in section 11303(b)(2)(B)--
       (i) in clause (i), by striking ``or'' at the end;
       (ii) in clause (ii), by adding ``or'' at the end; and

[[Page S4365]]

       (iii) by adding at the end the following:
       ``(iii) whether the function should be performed by a 
     shared service offered by another executive agency;''.
       (3) Subchapter ii.--Subchapter II of chapter 113 of 
     subtitle III of title 40, United States Code, is amended--
       (A) in section 11312(a), by inserting ``, including 
     security risks'' after ``managing the risks'';
       (B) in section 11313(1), by striking ``efficiency and 
     effectiveness'' and inserting ``efficiency, security, and 
     effectiveness'';
       (C) in section 11317, by inserting ``security,'' before 
     ``or schedule''; and
       (D) in section 11319(b)(1), in the paragraph heading, by 
     striking ``cios'' and inserting ``chief information 
     officers''.
       (c) Actions to Enhance Federal Incident Transparency.--
       (1) Responsibilities of the cybersecurity and 
     infrastructure security agency.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this section, the Director of the Cybersecurity 
     and Infrastructure Security Agency shall--
       (i) develop a plan for the development, using systems in 
     place on the date of enactment of this section, of the 
     analysis required under section 3597(a) of title 44, United 
     States Code, as added by this section, and the report 
     required under subsection (b) of that section that includes--

       (I) a description of any challenges the Director of the 
     Cybersecurity and Infrastructure Security Agency anticipates 
     encountering; and
       (II) the use of automation and machine-readable formats for 
     collecting, compiling, monitoring, and analyzing data; and

       (ii) provide to the appropriate congressional committees a 
     briefing on the plan developed under clause (i).
       (B) Briefing.--Not later than 1 year after the date of 
     enactment of this section, the Director of the Cybersecurity 
     and Infrastructure Security Agency shall provide to the 
     appropriate congressional committees a briefing on--
       (i) the execution of the plan required under subparagraph 
     (A)(i); and
       (ii) the development of the report required under section 
     3597(b) of title 44, United States Code, as added by this 
     section.
       (2) Responsibilities of the director of the office of 
     management and budget.--
       (A) Updating fisma 2014.--Section 2 of the Federal 
     Information Security Modernization Act of 2014 (Public Law 
     113-283; 128 Stat. 3073) is amended--
       (i) by striking subsections (b) and (d); and
       (ii) by redesignating subsections (c), (e), and (f) as 
     subsections (b), (c), and (d), respectively.
       (B) Incident data sharing.--
       (i) In general.--The Director, in coordination with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall develop, and as appropriate update, guidance, 
     on the content, timeliness, and format of the information 
     provided by agencies under section 3594(a) of title 44, 
     United States Code, as added by this section.
       (ii) Requirements.--The guidance developed under clause (i) 
     shall--

       (I) enable the efficient development of--

       (aa) lessons learned and recommendations in responding to, 
     recovering from, remediating, and mitigating future 
     incidents; and
       (bb) the report on Federal incidents required under section 
     3597(b) of title 44, United States Code, as added by this 
     section; and

       (II) include requirements for the timeliness of data 
     production.

       (iii) Automation.--The Director, in coordination with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall promote, as feasible, the use of automation and 
     machine-readable data for data sharing under section 3594(a) 
     of title 44, United States Code, as added by this section.
       (C) Contractor and awardee guidance.--
       (i) In general.--Not later than 1 year after the date of 
     enactment of this section, the Director shall issue guidance 
     to agencies on how to deconflict, to the greatest extent 
     practicable, existing regulations, policies, and procedures 
     relating to the responsibilities of contractors and awardees 
     established under section 3595 of title 44, United States 
     Code, as added by this section.
       (ii) Existing processes.--To the greatest extent 
     practicable, the guidance issued under clause (i) shall allow 
     contractors and awardees to use existing processes for 
     notifying agencies of incidents involving information of the 
     Federal Government.
       (3) Update to the privacy act of 1974.--Section 552a(b) of 
     title 5, United States Code (commonly known as the ``Privacy 
     Act of 1974'') is amended--
       (A) in paragraph (11), by striking ``or'' at the end;
       (B) in paragraph (12), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(13) to another agency, to the extent necessary, to 
     assist the recipient agency in responding to an incident (as 
     defined in section 3552 of title 44) or breach (as defined in 
     section 3591 of title 44) or to fulfill the information 
     sharing requirements under section 3594 of title 44.''.
       (d) Agency Requirements to Notify Private Sector Entities 
     Impacted by Incidents.--
       (1) Guidance on notification of reporting entities.--Not 
     later than 1 year after the date of enactment of this 
     section, the Director shall develop, in consultation with the 
     National Cyber Director, and issue guidance requiring the 
     head of each agency to notify a reporting entity in an 
     appropriate and timely manner, and take into consideration 
     the need to coordinate with Sector Risk Management Agencies 
     (as defined in section 2200 of the Homeland Security Act of 
     2002 (6 U.S.C. 650)), as appropriate, of an incident at the 
     agency that is likely to substantially affect--
       (A) the confidentiality or integrity of sensitive 
     information submitted by the reporting entity to the agency 
     pursuant to a statutory or regulatory requirement; or
       (B) any information system (as defined in section 3502 of 
     title 44, United States Code) used in the transmission or 
     storage of the sensitive information described in 
     subparagraph (A).
       (2) Definitions.--In this subsection:
       (A) Reporting entity.--The term ``reporting entity'' means 
     private organization or governmental unit that is required by 
     statute or regulation to submit sensitive information to an 
     agency.
       (B) Sensitive information.--The term ``sensitive 
     information'' has the meaning given the term by the Director 
     in guidance issued under paragraph (1).
       (e) Federal Penetration Testing Policy.--
       (1) In general.--Subchapter II of chapter 35 of title 44, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 3559A. Federal penetration testing

       ``(a) Guidance.--The Director, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall issue guidance to agencies that--
       ``(1) requires agencies to perform penetration testing on 
     information systems, as appropriate, including on high value 
     assets;
       ``(2) provides policies governing the development of--
       ``(A) rules of engagement for using penetration testing; 
     and
       ``(B) procedures to use the results of penetration testing 
     to improve the cybersecurity and risk management of the 
     agency;
       ``(3) ensures that operational support or a shared service 
     is available; and
       ``(4) in no manner restricts the authority of the Secretary 
     of Homeland Security or the Director of the Cybersecurity and 
     Infrastructure Agency to conduct threat hunting pursuant to 
     section 3553, or penetration testing under this chapter.
       ``(b) Exception for National Security Systems.--The 
     guidance issued under subsection (a) shall not apply to 
     national security systems.
       ``(c) Delegation of Authority for Certain Systems.--The 
     authorities of the Director described in subsection (a) shall 
     be delegated to--
       ``(1) the Secretary of Defense in the case of a system 
     described in section 3553(e)(2); and
       ``(2) the Director of National Intelligence in the case of 
     a system described in section 3553(e)(3).''.
       (2) Existing guidance.--
       (A) In general.--Compliance with guidance issued by the 
     Director relating to penetration testing before the date of 
     enactment of this section shall be deemed to be compliant 
     with section 3559A of title 44, United States Code, as added 
     by this section.
       (B) Immediate new guidance not required.--Nothing in 
     section 3559A of title 44, United States Code, as added by 
     this section, shall be construed to require the Director to 
     issue new guidance to agencies relating to penetration 
     testing before the date described in clause (iii).
       (C) Guidance updates.--Notwithstanding clauses (i) and 
     (ii), not later than 2 years after the date of enactment of 
     this section, the Director shall review and, as appropriate, 
     update existing guidance requiring penetration testing by 
     agencies.
       (3) Clerical amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding 
     after the item relating to section 3559 the following:

``3559A. Federal penetration testing.''.
       (4) Penetration testing by the secretary of homeland 
     security.--Section 3553(b) of title 44, United States Code, 
     as amended by this section, is further amended by inserting 
     after paragraph (8) the following:
       ``(9) performing penetration testing that may leverage 
     manual expert analysis to identify threats and 
     vulnerabilities within information systems--
       ``(A) without consent or authorization from agencies; and
       ``(B) with prior consultation with the head of the agency 
     at least 72 hours in advance of such testing;''.
       (f) Vulnerability Disclosure Policies.--
       (1) In general.--Chapter 35 of title 44, United States 
     Code, is amended by inserting after section 3559A, as added 
     by this section, the following:

     ``Sec. 3559B. Federal vulnerability disclosure policies

       ``(a) Purpose; Sense of Congress.--
       ``(1) Purpose.--The purpose of Federal vulnerability 
     disclosure policies is to create a mechanism to enable the 
     public to inform agencies of vulnerabilities in Federal 
     information systems.
       ``(2) Sense of congress.--It is the sense of Congress that, 
     in implementing the requirements of this section, the Federal 
     Government should take appropriate steps to reduce real and 
     perceived burdens in communications between agencies and 
     security researchers.
       ``(b) Definitions.--In this section:

[[Page S4366]]

       ``(1) Contractor.--The term `contractor' has the meaning 
     given the term in section 3591.
       ``(2) Internet of things.--The term `internet of things' 
     has the meaning given the term in Special Publication 800-213 
     of the National Institute of Standards and Technology, 
     entitled `IoT Device Cybersecurity Guidance for the Federal 
     Government: Establishing IoT Device Cybersecurity 
     Requirements', or any successor document.
       ``(3) Security vulnerability.--The term `security 
     vulnerability' has the meaning given the term in section 102 
     of the Cybersecurity Information Sharing Act of 2015 (6 
     U.S.C. 1501).
       ``(4) Submitter.--The term `submitter' means an individual 
     that submits a vulnerability disclosure report pursuant to 
     the vulnerability disclosure process of an agency.
       ``(5) Vulnerability disclosure report.--The term 
     `vulnerability disclosure report' means a disclosure of a 
     security vulnerability made to an agency by a submitter.
       ``(c) Guidance.--The Director shall issue guidance to 
     agencies that includes--
       ``(1) use of the information system security 
     vulnerabilities disclosure process guidelines established 
     under section 4(a)(1) of the IoT Cybersecurity Improvement 
     Act of 2020 (15 U.S.C. 278g-3b(a)(1));
       ``(2) direction to not recommend or pursue legal action 
     against a submitter or an individual that conducts a security 
     research activity that--
       ``(A) represents a good faith effort to identify and report 
     security vulnerabilities in information systems; or
       ``(B) otherwise represents a good faith effort to follow 
     the vulnerability disclosure policy of the agency developed 
     under subsection (f)(2);
       ``(3) direction on sharing relevant information in a 
     consistent, automated, and machine-readable manner with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency;
       ``(4) the minimum scope of agency systems required to be 
     covered by the vulnerability disclosure policy of an agency 
     required under subsection (f)(2), including exemptions under 
     subsection (g);
       ``(5) requirements for providing information to the 
     submitter of a vulnerability disclosure report on the 
     resolution of the vulnerability disclosure report;
       ``(6) a stipulation that the mere identification by a 
     submitter of a security vulnerability, without a significant 
     compromise of confidentiality, integrity, or availability, 
     does not constitute a major incident; and
       ``(7) the applicability of the guidance to internet of 
     things devices owned or controlled by an agency.
       ``(d) Consultation.--In developing the guidance required 
     under subsection (c)(3), the Director shall consult with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency.
       ``(e) Responsibilities of CISA.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall--
       ``(1) provide support to agencies with respect to the 
     implementation of the requirements of this section;
       ``(2) develop tools, processes, and other mechanisms 
     determined appropriate to offer agencies capabilities to 
     implement the requirements of this section;
       ``(3) upon a request by an agency, assist the agency in the 
     disclosure to vendors of newly identified security 
     vulnerabilities in vendor products and services; and
       ``(4) as appropriate, implement the requirements of this 
     section, in accordance with the authority under section 
     3553(b)(8), as a shared service available to agencies.
       ``(f) Responsibilities of Agencies.--
       ``(1) Public information.--The head of each agency shall 
     make publicly available, with respect to each internet domain 
     under the control of the agency that is not a national 
     security system and to the extent consistent with the 
     security of information systems but with the presumption of 
     disclosure--
       ``(A) an appropriate security contact; and
       ``(B) the component of the agency that is responsible for 
     the internet accessible services offered at the domain.
       ``(2) Vulnerability disclosure policy.--The head of each 
     agency shall develop and make publicly available a 
     vulnerability disclosure policy for the agency, which shall--
       ``(A) describe--
       ``(i) the scope of the systems of the agency included in 
     the vulnerability disclosure policy, including for internet 
     of things devices owned or controlled by the agency;
       ``(ii) the type of information system testing that is 
     authorized by the agency;
       ``(iii) the type of information system testing that is not 
     authorized by the agency;
       ``(iv) the disclosure policy for a contractor; and
       ``(v) the disclosure policy of the agency for sensitive 
     information;
       ``(B) with respect to a vulnerability disclosure report to 
     an agency, describe--
       ``(i) how the submitter should submit the vulnerability 
     disclosure report; and
       ``(ii) if the report is not anonymous, when the reporter 
     should anticipate an acknowledgment of receipt of the report 
     by the agency;
       ``(C) include any other relevant information; and
       ``(D) be mature in scope and cover every internet 
     accessible information system used or operated by that agency 
     or on behalf of that agency.
       ``(3) Identified security vulnerabilities.--The head of 
     each agency shall--
       ``(A) consider security vulnerabilities reported in 
     accordance with paragraph (2);
       ``(B) commensurate with the risk posed by the security 
     vulnerability, address such security vulnerability using the 
     security vulnerability management process of the agency; and
       ``(C) in accordance with subsection (c)(5), provide 
     information to the submitter of a vulnerability disclosure 
     report.
       ``(g) Exemptions.--
       ``(1) In general.--The Director and the head of each agency 
     shall carry out this section in a manner consistent with the 
     protection of national security information.
       ``(2) Limitation.--The Director and the head of each agency 
     may not publish under subsection (f)(1) or include in a 
     vulnerability disclosure policy under subsection (f)(2) host 
     names, services, information systems, or other information 
     that the Director or the head of an agency, in coordination 
     with the Director and other appropriate heads of agencies, 
     determines would--
       ``(A) disrupt a law enforcement investigation;
       ``(B) endanger national security or intelligence 
     activities; or
       ``(C) impede national defense activities or military 
     operations.
       ``(3) National security systems.--This section shall not 
     apply to national security systems.
       ``(h) Delegation of Authority for Certain Systems.--The 
     authorities of the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency described in 
     this section shall be delegated--
       ``(1) to the Secretary of Defense in the case of systems 
     described in section 3553(e)(2); and
       ``(2) to the Director of National Intelligence in the case 
     of systems described in section 3553(e)(3).
       ``(i) Revision of Federal Acquisition Regulation.--The 
     Federal Acquisition Regulation shall be revised as necessary 
     to implement the provisions under this section.''.
       (2) Existing guidance and policies.--
       (A) In general.--Compliance with guidance issued by the 
     Director relating to vulnerability disclosure policies before 
     the date of enactment of this section shall be deemed to be 
     compliance with section 3559B of title 44, United States 
     Code, as added by this section.
       (B) Immediate new guidance not required.--Nothing in 
     section 3559B of title 44, United States Code, as added by 
     this title, shall be construed to require the Director to 
     issue new guidance to agencies relating to vulnerability 
     disclosure policies before the date described in paragraph 
     (4).
       (C) Immediate new policies not required.--Nothing in 
     section 3559B of title 44, United States Code, as added by 
     this title, shall be construed to require the head of any 
     agency to issue new policies relating to vulnerability 
     disclosure policies before the issuance of any updated 
     guidance under paragraph (4).
       (D) Guidance update.--Notwithstanding paragraphs (1), (2) 
     and (3), not later than 4 years after the date of enactment 
     of this section, the Director shall review and, as 
     appropriate, update existing guidance relating to 
     vulnerability disclosure policies.
       (3) Clerical amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding 
     after the item relating to section 3559A, as added by this 
     section, the following:

``3559B. Federal vulnerability disclosure policies.''.
       (4) Conforming update and repeal.--
       (A) Guidelines on the disclosure process for security 
     vulnerabilities relating to information systems, including 
     internet of things devices.--Section 5 of the IoT 
     Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g-3c) is 
     amended by striking subsections (d) and (e).
       (B) Implementation and contractor compliance.--The IoT 
     Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g-3a et 
     seq.) is amended--
       (i) by striking section 6 (15 U.S.C. 278g-3d); and
       (ii) by striking section 7 (15 U.S.C. 278g-3e).
       (g) Implementing Zero Trust Architecture.--
       (1) Briefings.--Not later than 1 year after the date of 
     enactment of this section, the Director shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committees on Oversight and Accountability 
     and Homeland Security of the House of Representatives a 
     briefing on progress in increasing the internal defenses of 
     agency systems, including--
       (A) shifting away from trusted networks to implement 
     security controls based on a presumption of compromise, 
     including through the transition to zero trust architecture;
       (B) implementing principles of least privilege in 
     administering information security programs;
       (C) limiting the ability of entities that cause incidents 
     to move laterally through or between agency systems;
       (D) identifying incidents quickly;
       (E) isolating and removing unauthorized entities from 
     agency systems as quickly as practicable, accounting for 
     intelligence or law enforcement purposes; and
       (F) otherwise increasing the resource costs for entities 
     that cause incidents to be successful.

[[Page S4367]]

       (2) Progress report.--As a part of each report required to 
     be submitted under section 3553(c) of title 44, United States 
     Code, during the period beginning on the date that is 4 years 
     after the date of enactment of this section and ending on the 
     date that is 10 years after the date of enactment of this 
     section, the Director shall include an update on agency 
     implementation of zero trust architecture, which shall 
     include--
       (A) a description of steps agencies have completed, 
     including progress toward achieving any requirements issued 
     by the Director, including the adoption of any models or 
     reference architecture;
       (B) an identification of activities that have not yet been 
     completed and that would have the most immediate security 
     impact; and
       (C) a schedule to implement any planned activities.
       (3) Classified annex.--Each update required under paragraph 
     (2) may include 1 or more annexes that contain classified or 
     other sensitive information, as appropriate.
       (4) National security systems.--
       (A) Briefing.--Not later than 1 year after the date of 
     enactment of this section, the Secretary of Defense shall 
     provide to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Accountability of the House of Representatives, 
     the Committee on Armed Services of the Senate, the Committee 
     on Armed Services of the House of Representatives, the Select 
     Committee on Intelligence of the Senate, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a briefing on the implementation of zero 
     trust architecture with respect to national security systems.
       (B) Progress report.--Not later than the date on which each 
     update is required to be submitted under paragraph (2), the 
     Secretary of Defense shall submit to the congressional 
     committees described in subparagraph (A) a progress report on 
     the implementation of zero trust architecture with respect to 
     national security systems.
       (h) Automation and Artificial Intelligence.--
       (1) Use of artificial intelligence.--
       (A) In general.--As appropriate, the Director shall issue 
     guidance on the use of artificial intelligence by agencies to 
     improve the cybersecurity of information systems.
       (B) Considerations.--The Director and head of each agency 
     shall consider the use and capabilities of artificial 
     intelligence systems in furtherance of the cybersecurity of 
     information systems.
       (C) Report.--Not later than 1 year after the date of 
     enactment of this section, and annually thereafter until the 
     date that is 5 years after the date of enactment of this 
     section, the Director shall submit to the appropriate 
     congressional committees a report on the use of artificial 
     intelligence to further the cybersecurity of information 
     systems.
       (2) Comptroller general reports.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this section, the Comptroller General of the 
     United States shall submit to the appropriate congressional 
     committees a report on the risks to the privacy of 
     individuals and the cybersecurity of information systems 
     associated with the use by Federal agencies of artificial 
     intelligence systems or capabilities.
       (B) Study.--Not later than 2 years after the date of 
     enactment of this section, the Comptroller General of the 
     United States shall perform a study, and submit to the 
     Committees on Homeland Security and Governmental Affairs and 
     Commerce, Science, and Transportation of the Senate and the 
     Committees on Oversight and Accountability, Homeland 
     Security, and Science, Space, and Technology of the House of 
     Representatives a report, on the use of automation, 
     artificial intelligence, including generative artificial 
     intelligence, and machine-readable data across the Federal 
     Government for cybersecurity purposes, including--
       (i) the automated updating of cybersecurity tools, sensors, 
     or processes employed by agencies under paragraphs (1), 
     (5)(C), and (8)(B) of section 3554(b) of title 44, United 
     States Code, as amended by this section; and
       (ii) to combat social engineering attacks.
       (3) Information system defined.--In this subsection, the 
     term ``information system'' has the meaning given the term in 
     section 3502 of title 44, United States Code.
       (i) Federal Cybersecurity Requirements.--
       (1) Codifying federal cybersecurity requirements in title 
     44.--
       (A) Amendment to federal cybersecurity enhancement act of 
     2015.--Section 225 of the Federal Cybersecurity Enhancement 
     Act of 2015 (6 U.S.C. 1523) is amended by striking 
     subsections (b) and (c).
       (B) Title 44.--Section 3554 of title 44, United States 
     Code, as amended by this section, is further amended by 
     adding at the end the following:
       ``(f) Specific Cybersecurity Requirements at Agencies.--
       ``(1) In general.--Consistent with policies, standards, 
     guidelines, and directives on information security under this 
     subchapter, and except as provided under paragraph (3), the 
     head of each agency shall--
       ``(A) identify sensitive and mission critical data stored 
     by the agency consistent with the inventory required under 
     section 3505(c);
       ``(B) assess access controls to the data described in 
     subparagraph (A), the need for readily accessible storage of 
     the data, and the need of individuals to access the data;
       ``(C) encrypt or otherwise render indecipherable to 
     unauthorized users the data described in subparagraph (A) 
     that is stored on or transiting agency information systems;
       ``(D) implement identity and access management systems to 
     ensure the security of Federal information systems and 
     protect agency records and data from fraud resulting from the 
     misrepresentation of identity or identity theft, including--
       ``(i) a single sign-on trusted identity platform for 
     individuals accessing each public website of the agency that 
     requires, at a minimum, user authentication and verification 
     services consistent with applicable law and guidance issued 
     by the Director of the Office of Management and Budget who 
     shall consider any applicable standard or guideline developed 
     by the National Institute of Standards and Technology, which 
     may be one developed by the Administrator of General Services 
     in consultation with the Director of the Office of Management 
     and Budget; and
       ``(ii) multi-factor authentication, consistent with 
     guidance issued by the Director of the Office of Management 
     and Budget who shall consider any applicable standard or 
     guideline developed by the National Institute of Standards 
     and Technology, for--

       ``(I) remote access to an information system; and
       ``(II) each user account with elevated privileges on an 
     information system.

       ``(2) Prohibition.--
       ``(A) Definition.--In this paragraph, the term `internet of 
     things' has the meaning given the term in section 3559B.
       ``(B) Prohibition.--Consistent with policies, standards, 
     guidelines, and directives on information security under this 
     subchapter, and except as provided under paragraph (3), the 
     head of an agency may not procure, obtain, renew a contract 
     to procure or obtain in any amount, notwithstanding section 
     1905 of title 41, or use an internet of things device if the 
     Chief Information Officer of the agency determines during a 
     review required under section 11319(b)(1)(C) of title 40 of a 
     contract for an internet of things device that the use of the 
     device prevents compliance with the standards and guidelines 
     developed under section 4 of the IoT Cybersecurity 
     Improvement Act (15 U.S.C. 278g-3b) with respect to the 
     device.
       ``(3) Exceptions.--
       ``(A) In general.--The requirements under subparagraphs 
     (A), (B), (C), and (D)(ii) of paragraph (1) shall not apply 
     to an information system for which the head of the agency, 
     without delegation, has--
       ``(i) certified to the Director with particularity that--

       ``(I) operational requirements articulated in the 
     certification and related to the information system would 
     make it excessively burdensome to implement the cybersecurity 
     requirement;
       ``(II) the cybersecurity requirement is not necessary to 
     secure the information system or agency information stored on 
     or transiting it; and
       ``(III) the agency has taken all necessary steps to secure 
     the information system and agency information stored on or 
     transiting it; and

       ``(ii) submitted the certification described in clause (i) 
     to the appropriate congressional committees and the 
     authorizing committees of the agency.
       ``(B) Identity management platform waiver.--The head of an 
     agency shall be in compliance with the requirement under 
     paragraph (1)(D)(i) with respect to implementing a single-
     sign on trusted identity system or platform other than one 
     developed by the Administrator of General Services as 
     described under paragraph (1)(D)(i) if the head of the 
     agency--
       ``(i) without delegation--

       ``(I) has certified to the Director that the alternative 
     system or platform, including a procured system or platform, 
     conforms with applicable security and privacy requirements of 
     this subchapter and guidance issued by the Director, at least 
     30 days before use of the system or platform; or
       ``(II) with regard to a system or platform in use as of the 
     date of enactment of this subsection, the head of the agency 
     provides such certification to the Director within 60 days 
     after the date of enactment of this subsection;

       ``(ii) has received a written waiver from the Director in 
     response to the request submitted under clause (i); and
       ``(iii) has submitted the certification described in clause 
     (i) and the waiver described clause (ii) to the appropriate 
     congressional committees and the authorizing committees of 
     the agency.
       ``(4) Duration of certification.--
       ``(A) In general.--A certification and corresponding 
     exemption of an agency under paragraph (3) shall expire on 
     the date that is 4 years after the date on which the head of 
     the agency submits the certification under paragraph (3).
       ``(B) Renewal.--Upon the expiration of a certification of 
     an agency under paragraph (3), the head of the agency may 
     submit an additional certification in accordance with that 
     paragraph.
       ``(5) Presumption of adequacy.--A FedRAMP authorization 
     issued pursuant to chapter 36 of title 44 shall be presumed 
     adequate to fulfill the requirements under subparagraphs (A) 
     through (C) of paragraph (1) with respect to an agency 
     authorization to operate cloud computing products and 
     services if such presumption of adequacy does not alter or 
     modify--
       ``(A) the responsibility of any agency to ensure compliance 
     with this subchapter for

[[Page S4368]]

     any cloud computing product or service used by the agency; or
       ``(B) the authority of the head of any agency to make a 
     determination that there is a demonstrable need to include 
     additional security controls beyond those included in a 
     FedRAMP authorization package for a particular cloud 
     computing product or service.
       ``(6) Rules of construction.--Nothing in this subsection 
     shall be construed--
       ``(A) to alter the authority of the Secretary, the 
     Director, or the Director of the National Institute of 
     Standards and Technology in implementing subchapter II of 
     this title;
       ``(B) to affect the standards or process of the National 
     Institute of Standards and Technology;
       ``(C) to affect the requirement under section 3553(a)(4);
       ``(D) to discourage continued improvements and advancements 
     in the technology, standards, policies, and guidelines used 
     to promote Federal information security; or
       ``(E) to affect the requirements under subchapter III.
       ``(g) Exception.--
       ``(1) National security system requirements.--The 
     requirements under subsection (f)(1) shall not apply to--
       ``(A) a national security system; or
       ``(B) an information system described in paragraph (2) or 
     (3) of section 3553(e)(2).
       ``(2) Prohibition.--The prohibition under subsection (f)(2) 
     shall not apply to--
       ``(A) necessary in the interest of national security;
       ``(B) national security systems; or
       ``(C) a procured internet of things device described in 
     subsection (f)(2)(B) that the Chief Information Officer of an 
     agency determines is--
       ``(i) necessary for research purposes;
       ``(ii) necessary in the interest of national security; or
       ``(iii) secured using alternative and effective methods 
     appropriate to the function of the internet of things 
     device.''.
       (2) Report on exemptions.--Section 3554(c)(1) of title 44, 
     United States Code, as amended by this section, is further 
     amended--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(E) with respect to any exemption from the requirements 
     of subsection (f)(3) that is effective on the date of 
     submission of the report, includes the number of information 
     systems that have received an exemption from those 
     requirements.''.
       (3) Guidance for identity management systems used by 
     agencies.--Not later than 1 year after the date of enactment 
     of this section, the Director of the Office of Management and 
     Budget, in consultation with the Director of the National 
     Institute of Standards and Technology, shall issue, and 
     routinely update thereafter, guidance for agencies to 
     implement identity management systems and a single sign-on 
     trusted identity platform as required under section 
     3554(f)(1)(D)(i) of title 44, United States Code, as amended 
     by this section, which shall at a minimum, include the 
     following:
       (A) Requirements for agencies to routinely certify that 
     such systems are in compliance with this guidance.
       (B) Requirements for agencies to routinely verify and 
     certify that information stored on or transiting through a 
     commercially available product (as defined in section 103 of 
     title 41, United States Code) or commercial service (as 
     defined in section 103a of title 41, United States Code) used 
     to fulfil such requirements is appropriately secured in 
     conformity with subchapter II of chapter 35 of title 44, 
     United States Code.
       (C) Address national security concerns and requirements to 
     ensure the protection of sensitive personal records and 
     biometric data of United States persons from malign foreign 
     ownership, control, or influence and fraud actors.
       (D) Requirements or guidelines to comply with section 3 of 
     the 21st Century Idea Act (44 U.S.C. 3501 note).
       (E) Requirements to prevent discrimination in violation of 
     title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
     seq.).
       (F) A description of the information necessary to be 
     submitted under the exception described in section 
     3554(f)(3)(B) of title 44, United States Code, as amended by 
     this section.
       (4) GAO evaluation of technical capability of identity 
     management systems and platforms.--Not less frequently than 
     every 3 years for the next 6 years after the date of the 
     enactment of this section, the Comptroller General shall 
     submit to the appropriate congressional committees a report 
     on whether the single sign-on trusted identity systems and 
     platforms used by agencies or the one developed by the 
     General Services Administration under section 3554(f)(D)(i) 
     of title 44, United States Code, as amended by this section, 
     adhere to the information security requirements of chapter 35 
     of title 44, United States Code, guidance issued under 
     subparagraph (C), and relevant identity management technical 
     standards promulgated by the National Institute of Standards 
     and Technology, as appropriate, including section 504 of the 
     Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7464).
       (5) Duration of certification effective date.--Paragraph 
     (3) of section 3554(f) of title 44, United States Code, as 
     added by this section, shall take effect on the date that is 
     1 year after the date of enactment of this section.
       (6) Federal cybersecurity enhancement act of 2015 update.--
     Section 222(3)(B) of the Federal Cybersecurity Enhancement 
     Act of 2015 (6 U.S.C. 1521(3)(B)) is amended by inserting 
     ``and the Committee on Oversight and Accountability'' before 
     ``of the House of Representatives''.
       (j) Federal Chief Information Security Officer.--
       (1) Amendment.--Chapter 36 of title 44, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 3617. Federal Chief Information Security Officer

       ``(a) Establishment.--There is established a Federal Chief 
     Information Security Officer, who shall serve in--
       ``(1) the Office of the Federal Chief Information Officer 
     of the Office of Management and Budget; and
       ``(2) the Office of the National Cyber Director.
       ``(b) Appointment.--The Federal Chief Information Security 
     Officer shall be appointed by the President.
       ``(c) OMB Duties.--The Federal Chief Information Security 
     Officer shall report to the Federal Chief Information Officer 
     and assist the Federal Chief Information Officer in carrying 
     out--
       ``(1) every function under this chapter;
       ``(2) every function assigned to the Director under title 
     II of the E-Government Act of 2002 (44 U.S.C. 3501 note; 
     Public Law 107-347);
       ``(3) other electronic government initiatives consistent 
     with other statutes; and
       ``(4) other Federal cybersecurity initiatives determined by 
     the Federal Chief Information Officer.
       ``(d) Additional Duties.--The Federal Chief Information 
     Security Officer shall--
       ``(1) support the Federal Chief Information Officer in 
     overseeing and implementing Federal cybersecurity under the 
     E-Government Act of 2002 (Public Law 107-347; 116 Stat. 2899) 
     and other relevant statutes in a manner consistent with law; 
     and
       ``(2) perform every function assigned to the Director under 
     sections 1321 through 1328 of title 41, United States Code.
       ``(e) Coordination With ONCD.--The Federal Chief 
     Information Security Officer shall support initiatives 
     determined by the Federal Chief Information Officer necessary 
     to coordinate with the Office of the National Cyber 
     Director.''.
       (2) National cyber director duties.--Section 1752 of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (6 U.S.C. 1500) is amended--
       (A) by redesignating subsection (g) as subsection (h); and
       (B) by inserting after subsection (f) the following:
       ``(g) Senior Federal Cybersecurity Officer.--The Federal 
     Chief Information Security Officer appointed by the President 
     under section 3617 of title 44, United States Code, shall be 
     a senior official within the Office and carry out duties 
     applicable to the protection of information technology (as 
     defined in section 11101 of title 40, United States Code), 
     including initiatives determined by the Director necessary to 
     coordinate with the Office of the Federal Chief Information 
     Officer.''.
       (3) Treatment of incumbent.--The individual serving as the 
     Federal Chief Information Security Officer appointed by the 
     President as of the date of enactment of this Act may serve 
     as the Federal Chief Information Security Officer under 
     section 3617 of title 44, United States Code, as added by 
     this section, beginning on the date of enactment of this 
     section, without need for a further or additional appointment 
     under such section.
       (4) Clerical amendment.--The table of sections for chapter 
     36 of title 44, United States Code, is amended by adding at 
     the end the following:

``3617. Federal Chief Information Security Officer.''.
       (k) Renaming Office of the Federal Chief Information 
     Officer.--
       (1) Definitions.--
       (A) In general.--Section 3601 of title 44, United States 
     Code, is amended--
       (i) by striking paragraph (1); and
       (ii) by redesignating paragraphs (2) through (8) as 
     paragraphs (1) through (7), respectively.
       (B) Conforming amendments.--
       (i) Title 10.--Section 2222(i)(6) of title 10, United 
     States Code, is amended by striking ``section 3601(4)'' and 
     inserting ``section 3601''.
       (ii) National security act of 1947.--Section 506D(k)(1) of 
     the National Security Act of 1947 (50 U.S.C. 3100(k)(1)) is 
     amended by striking ``section 3601(4)'' and inserting 
     ``section 3601''.
       (2) Office of electronic government.--Section 3602 of title 
     44, United States Code, is amended--
       (A) in the heading, by striking ``Office of Electronic 
     Government'' and inserting ``Office of the Federal Chief 
     Information Officer'';
       (B) in subsection (a), by striking ``Office of Electronic 
     Government'' and inserting ``Office of the Federal Chief 
     Information Officer'';
       (C) in subsection (b), by striking ``an Administrator'' and 
     inserting ``a Federal Chief Information Officer'';
       (D) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer'';

[[Page S4369]]

       (E) in subsection (d), in the matter preceding paragraph 
     (1), by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer'';
       (F) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer'';
       (G) in subsection (f)--
       (i) in the matter preceding paragraph (1), by striking 
     ``the Administrator'' and inserting ``the Federal Chief 
     Information Officer'';
       (ii) in paragraph (16), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''; and
       (iii) in paragraph (17), by striking ``E-Government'' and 
     inserting ``annual''; and
       (H) in subsection (g), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''.
       (3) Chief information officers council.--Section 3603 of 
     title 44, United States Code, is amended--
       (A) in subsection (b)(2), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer'';
       (B) in subsection (c)(1), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer''; and
       (C) in subsection (f)--
       (i) in paragraph (3), by striking ``the Administrator'' and 
     inserting ``the Federal Chief Information Officer''; and
       (ii) in paragraph (5), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''.
       (4) E-Government fund.--Section 3604 of title 44, United 
     States Code, is amended--
       (A) in subsection (a)(2), by striking ``the Administrator 
     of the Office of Electronic Government'' and inserting ``the 
     Federal Chief Information Officer'';
       (B) in subsection (b), by striking ``Administrator'' each 
     place it appears and inserting ``Federal Chief Information 
     Officer''; and
       (C) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``the Administrator'' and inserting ``the 
     Federal Chief Information Officer''.
       (5) Program to encourage innovative solutions to enhance 
     electronic government services and processes.--Section 3605 
     of title 44, United States Code, is amended--
       (A) in subsection (a), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (B) in subsection (b), by striking ``, the Administrator,'' 
     and inserting ``, the Federal Chief Information Officer,''; 
     and
       (C) in subsection (c)(1)--
       (i) by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer''; and
       (ii) by striking ``proposals submitted to the 
     Administrator'' and inserting ``proposals submitted to the 
     Federal Chief Information Officer'';
       (D) in subsection (c)(2)(B), by striking ``the 
     Administrator'' and inserting ``the Federal Chief Information 
     Officer''; and
       (E) in subsection (c)(4), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''.
       (6) E-Government report.--Section 3606 of title 44, United 
     States Code, is amended--
       (A) in the section heading by striking ``E-Government'' and 
     inserting ``Annual'';
       (B) in subsection (a), by striking ``E-Government'' and 
     inserting ``annual''; and
       (C) in subsection (b)(1), by striking ``202(f)'' and 
     inserting ``202(g)''.
       (7) Treatment of incumbent.--The individual serving as the 
     Administrator of the Office of Electronic Government under 
     section 3602 of title 44, United States Code, as of the date 
     of enactment of this Act, may continue to serve as the 
     Federal Chief Information Officer commencing as of that date, 
     without need for a further or additional appointment under 
     such section.
       (8) Technical and conforming amendments.--The table of 
     sections for chapter 36 of title 44, United States Code, is 
     amended--
       (A) by striking the item relating to section 3602 and 
     inserting the following:

``3602. Office of the Federal Chief Information Officer.'';
     and
       (B) in the item relating to section 3606, by striking ``E-
     Government'' and inserting ``Annual''.
       (9) References.--
       (A) Administrator.--Any reference to the Administrator of 
     the Office of Electronic Government in any law, regulation, 
     map, document, record, or other paper of the United States 
     shall be deemed to be a reference to the Federal Chief 
     Information Officer.
       (B) Office of electronic government.--Any reference to the 
     Office of Electronic Government in any law, regulation, map, 
     document, record, or other paper of the United States shall 
     be deemed to be a reference to the Office of the Federal 
     Chief Information Officer.
       (l) Rules of Construction.--
       (1) Agency actions.--Nothing in this section, or an 
     amendment made by this section, shall be construed to 
     authorize the head of an agency to take an action that is not 
     authorized by this section, an amendment made by this 
     section, or existing law.
       (2) Protection of rights.--Nothing in this section, or an 
     amendment made by this section, shall be construed to permit 
     the violation of the rights of any individual protected by 
     the Constitution of the United States, including through 
     censorship of speech protected by the Constitution of the 
     United States or unauthorized surveillance.
       (3) Protection of privacy.--Nothing in this section, or an 
     amendment made by this section, shall be construed to--
       (A) impinge on the privacy rights of individuals; or
       (B) allow the unauthorized access, sharing, or use of 
     personal data.
       (m) Definitions.--In t his section, unless otherwise 
     specified:
       (1) The term ``agency'' has the meaning given the term in 
     section 3502 of title 44, United States Code.
       (2) The term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       (C) the Committee on Homeland Security of the House of 
     Representatives.
       (3) The term ``awardee'' has the meaning given the term in 
     section 3591 of title 44, United States Code, as added by 
     this section.
       (4) The term ``contractor'' has the meaning given the term 
     in section 3591 of title 44, United States Code, as added by 
     this section.
       (5) The term ``Director'' means the Director of the Office 
     of Management and Budget.
       (6) The term ``Federal information system'' has the meaning 
     given the term in section 3591 of title 44, United States 
     Code, as added by this section.
       (7) The term ``incident'' has the meaning given the term in 
     section 3552(b) of title 44, United States Code.
       (8) The term ``national security system'' has the meaning 
     given the term in section 3552(b) of title 44, United States 
     Code.
       (9) The term ``penetration test'' has the meaning given the 
     term in section 3552(b) of title 44, United States Code, as 
     amended by this section.
       (10) The term ``threat hunting'' means proactively and 
     iteratively searching systems for threats and 
     vulnerabilities, including threats or vulnerabilities that 
     may evade detection by automated threat detection systems.
       (11) The term ``zero trust architecture'' has the meaning 
     given the term in Special Publication 800-207 of the National 
     Institute of Standards and Technology, or any successor 
     document.

     SEC. 1096. RURAL HOSPITAL CYBERSECURITY.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
       (3) Director.--The term ``Director'' means the Director of 
     the Cybersecurity and Infrastructure Security Agency.
       (4) Geographic division.--The term ``geographic division'' 
     means a geographic division that is among the 9 geographic 
     divisions determined by the Bureau of the Census.
       (5) Rural hospital.--The term ``rural hospital'' means a 
     healthcare facility that--
       (A) is located in a non-urbanized area, as determined by 
     the Bureau of the Census; and
       (B) provides inpatient and outpatient healthcare services, 
     including primary care, emergency care, and diagnostic 
     services.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Rural Hospital Cybersecurity Workforce Development 
     Strategy.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, acting through the 
     Director, shall develop and transmit to the appropriate 
     committees of Congress a comprehensive rural hospital 
     cybersecurity workforce development strategy to address the 
     growing need for skilled cybersecurity professionals in rural 
     hospitals.
       (2) Consultation.--
       (A) Agencies.--In carrying out paragraph (1), the Secretary 
     and Director may consult with the Secretary of Health and 
     Human Services, the Secretary of Education, the Secretary of 
     Labor, and any other appropriate head of an agency.
       (B) Providers.--In carrying out paragraph (1), the 
     Secretary shall consult with not less than 2 representatives 
     of rural healthcare providers from each geographic division 
     in the United States.
       (3) Considerations.--The rural hospital cybersecurity 
     workforce development strategy developed under paragraph (1) 
     shall, at a minimum, consider the following components:
       (A) Partnerships between rural hospitals, non-rural 
     healthcare systems, educational institutions, private sector 
     entities, and nonprofit organizations to develop, promote, 
     and expand the rural hospital cybersecurity workforce, 
     including through education and training programs tailored to 
     the needs of rural hospitals.
       (B) The development of a cybersecurity curriculum and 
     teaching resources that focus on teaching technical skills 
     and abilities related to cybersecurity in rural hospitals for 
     use in community colleges, vocational schools, and other 
     educational institutions located in rural areas.
       (C) Identification of--
       (i) cybersecurity workforce challenges that are specific to 
     rural hospitals, as well as

[[Page S4370]]

     challenges that are relative to hospitals generally; and
       (ii) common practices to mitigate both sets of challenges 
     described in clause (i).
       (D) Recommendations for legislation, rulemaking, or 
     guidance to implement the components of the rural hospital 
     cybersecurity workforce development strategy.
       (4) Annual briefing.--Not later than 60 days after the date 
     on which the first full fiscal year ends following the date 
     on which the Secretary transmits the rural hospital 
     cybersecurity workforce development strategy developed under 
     paragraph (1), and not later than 60 days after the date on 
     which each fiscal year thereafter ends, the Secretary shall 
     provide a briefing to the appropriate committees of Congress 
     that includes, at a minimum, information relating to--
       (A) updates to the rural hospital cybersecurity workforce 
     development strategy, as appropriate;
       (B) any programs or initiatives established pursuant to the 
     rural hospital cybersecurity workforce development strategy, 
     as well as the number of individuals trained or educated 
     through such programs or initiatives;
       (C) additional recommendations for legislation, rulemaking, 
     or guidance to implement the components of the rural hospital 
     cybersecurity workforce development strategy; and
       (D) the effectiveness of the rural hospital cybersecurity 
     workforce development strategy in addressing the need for 
     skilled cybersecurity professionals in rural hospitals.
       (c) Instructional Materials for Rural Hospitals.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall make available 
     instructional materials for rural hospitals that can be used 
     to train staff on fundamental cybersecurity efforts.
       (2) Duties.--In carrying out paragraph (1), the Director 
     shall--
       (A) consult with appropriate heads of agencies, experts in 
     cybersecurity education, and rural healthcare experts;
       (B) identify existing cybersecurity instructional materials 
     that can be adapted for use in rural hospitals and create new 
     materials as needed; and
       (C) conduct an awareness campaign to promote the materials 
     available to rural hospitals developed under paragraph (1).
       (d) No Additional Funds.--No additional funds are 
     authorized to be appropriated for the purpose of carrying out 
     this section.
                                 ______
                                 
  SA 2122. Mr. GRASSLEY (for himself and Mr. Durbin) 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, add the following:

     SEC. 1239. MODIFICATION OF REQUIREMENTS FOR TRANSFERS OF 
                   UNITED STATES DEFENSE ARTICLES AND DEFENSE 
                   SERVICES AMONG BALTIC STATES.

       (a) In General.--Any defense article or defense service 
     provided by the United States to a Baltic state may be 
     transferred by such Baltic state to any other Baltic state 
     without the approval of the United States as may be required 
     under any other provision of law.
       (b) Common Coalition Key.--The Secretary of Defense shall 
     establish among the Baltic states a common coalition key 
     within the Baltic states for the purpose of sharing 
     ammunition for High Mobility Artillery Rocket Systems 
     (HIMARS) among the Baltic states for training and operational 
     purposes.
       (c) Definitions.--In this section:
       (1) Baltic state.--The term ``Baltic state'' means the 
     following:
       (A) Estonia.
       (B) Lithuania.
       (C) Latvia.
       (2) Defense article; defense service.--The terms ``defense 
     article'' and ``defense service'' have the meanings given 
     such terms in section 47 of the Arms Export Control Act (22 
     U.S.C. 2794).
                                 ______
                                 
  SA 2123. Mr. SCHMITT (for himself and Ms. Sinema) 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. EXTENSIONS AND MODIFICATIONS RELATING TO HUMAN 
                   OCCUPANT SAFETY.

       (a) License Applications and Requirements for Commercial 
     Space Launch Activities.-- Section 50905 of title 51, United 
     States Code, is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(7) The Secretary shall not issue any regulation or other 
     binding guidance regarding human occupant safety until the 
     date on which all of the following have occurred:
       ``(A) The Secretary has approved or denied all applications 
     submitted under this section during the 2 calendar years 
     ending before the date of the enactment of this paragraph 
     within the timelines set forth in this section, including any 
     period during the processing of such applications that is 
     tolled.
       ``(B) The date specified in subsection (c)(9) has 
     passed.''; and
       (2) in subsection (c)--
       (A) by amending paragraph (3) to read as follows:
       ``(3) Collaboration on development of consensus 
     standards.--
       ``(A) Participation of secretary.--
       ``(i) In general.--The Secretary, in collaboration with the 
     commercial human space flight industry, shall meaningfully 
     participate in the development of voluntary industry 
     consensus standards that facilitate the safety of crew, 
     government astronauts, and space flight participants.
       ``(ii) Technical expertise and feedback.--

       ``(I) In general.--The participation of the Secretary under 
     clause (i) shall include the contribution of technical 
     expertise and feedback during the standards development 
     process.
       ``(II) Limitation.--The technical expertise and feedback 
     referred to in subclause (I) shall be limited to such 
     expertise and feedback provided by technical experts from the 
     National Aeronautics and Space Administration, the Federal 
     Aviation Administration, and the commercial human space 
     flight industry who have experience in reviewing human space 
     flight missions and implementing regulations.

       ``(B) Promotion of standards.--
       ``(i) In general.--The Secretary shall promote the adoption 
     of, but shall not require the commercial space sector to 
     implement, the standards developed through the collaboration 
     under subparagraph (A).
       ``(ii) Engagement with commercial space sector.--In 
     promoting the adoption of such standards, the Secretary shall 
     engage with the commercial space sector to collect feedback 
     on the practical application of such standards.'';
       (B) in paragraph (5)--
       (i) in subparagraph (A)--

       (I) by striking ``December 31, 2016, and every 30 months 
     thereafter until December 31, 2021,'' and inserting ``90 days 
     after the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2025, and biannually 
     thereafter until the date that is 5 years after such date of 
     enactment,'';
       (II) by striking ``a report'' and inserting ``, and publish 
     in the Federal Register, a report''; and
       (III) by striking ``that promote best practices'' and 
     inserting ``to facilitate the safety of crew, government 
     astronauts, and space flight participants and''; and

       (ii) in subparagraph (B)--

       (I) by amending clause (v) to read as follows:

       ``(v) any lessons learned associated with--

       ``(I) the development, potential application, and 
     acceptance of voluntary industry consensus standards; and
       ``(II) commercial space launch operations; and'';
       (II) by redesignating clause (vi) as clause (xi);
       (III) by inserting after clause (v) the following:

       ``(vi) any lessons learned with respect to the need for new 
     standards applicable to emerging human space flight 
     technologies and approaches for future standards development 
     to ensure safety and innovation;
       ``(vii) recommendations on areas in which updates to 
     existing industry consensus standards may be appropriate;
       ``(viii) a description of the participation of the 
     Secretary in the development of the voluntary industry 
     consensus standards under paragraph (3)(A);
       ``(ix) a description of the efforts of the Secretary to 
     promote the adoption of such standards under paragraph 
     (3)(B)(i);
       ``(x) a description of the activities conducted by the 
     Secretary to engage with the commercial space sector to 
     collect feedback on the practical application of such 
     standards under paragraph (3)(B)(ii); and''; and

       (IV) in clause (xi), as redesignated, by striking 
     ``standards that promote'' and all that follows through the 
     period at the end and inserting ``standards--
       ``(I) to facilitate the safety of crew, government 
     astronauts, and space flight participants; and
       ``(II) to improve industry safety.'';

       (C) in paragraph (6)--
       (i) by striking ``Not later than 270 days after the date of 
     enactment of the SPACE Act of 2015,'' and inserting the 
     following:
       ``(A) In general.--Not later than 270 days after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2025,''; and
       (ii) by adding at the end the following:
       ``(B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       ``(i) An assessment of the experience of the Office of 
     Commercial Space Transportation in evaluating novel public 
     safety frameworks.
       ``(ii) An assessment as to whether the timeframe in which 
     the Office of Commercial Space Transportation reviews, 
     processes, and completes applications is consistent with the 
     pace of development of the commercial human space flight 
     industry.
       ``(iii) An assessment of the continued implementation, 
     review, and improvement of

[[Page S4371]]

     part 450 of title 14, Code of Federal Regulations.
       ``(iv) An identification of any additional resources 
     necessary for the Office of Commercial Space Transportation 
     to fulfill its responsibilities.'';
       (D) in paragraph (8), in the first sentence of the matter 
     preceding subparagraph (A), by striking ``December 31, 2022'' 
     and inserting ``December 31, 2030'';
       (E) by amending paragraph (9) to read as follows:
       ``(9) Learning period.--
       ``(A) In general.--Not earlier than 5 years after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2025, the Secretary may propose regulations 
     under this subsection without regard to subparagraphs (C) and 
     (D) of paragraph (2).
       ``(B) Aerospace rulemaking committee for commercial human 
     occupant safety.--Not earlier than 3 years after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2025, and before commencing the development of 
     proposed regulations under this paragraph, the Secretary of 
     Transportation shall, consistent with section 106(p)(5) of 
     title 49, United States Code, establish an aerospace 
     rulemaking committee, to be known as the `Aerospace 
     Rulemaking Committee for Commercial Human Occupant Safety' 
     (referred to in this paragraph as `SpARC').
       ``(C) Purposes.--The purposes of SpARC shall be--
       ``(i) to gather input from the commercial space flight 
     industry on the development of proposed regulations under 
     this paragraph;
       ``(ii) to survey and assess existing voluntary performance-
     based industry consensus standards for commercial human space 
     flight;
       ``(iii) to determine which published standards, or 
     subcomponents of published standards, may contribute to 
     commercial human space flight regulations;
       ``(iv) to provide a forum for Federal Aviation 
     Administration technical experts with regulatory 
     implementation experience to meaningfully engage with 
     industry with respect to the regulation of commercial human 
     space flight; and
       ``(v) to make recommendations with respect to the scope and 
     substance of commercial human space flight regulations in a 
     report to the Secretary.
       ``(D) Composition.--
       ``(i) In general.--SpARC shall be composed only of 
     representatives of the commercial human space flight industry 
     with relevant expertise, including--

       ``(I) current and prospective commercial space launch 
     license and permit holders; and
       ``(II) any other individual or entity involved in 
     commercial human space flight services.

       ``(ii) Co-chairpersons.--The Secretary of Transportation 
     shall appoint as co-chairpersons of SpARC--

       ``(I) an official of the Federal Aviation Administration; 
     and
       ``(II) a representative of the commercial human space 
     flight industry described in clause (i).

       ``(iii) Observers.--The co-chairpersons of SpARC may invite 
     to serve as a SpARC observer any individual with relevant 
     expertise who is an employee of the Department of Commerce, 
     the Department of Defense, the Department of Transportation, 
     the National Aeronautics and Space Administration, or any 
     other Federal agency.
       ``(E) Considerations.--In developing recommendations under 
     this paragraph, SpARC shall take into consideration--
       ``(i) the evolving standards of the commercial space flight 
     industry as identified in the reports published under 
     paragraphs (5), (6), and (7); and
       ``(ii) the input of the commercial space flight industry.
       ``(F) Reporting requirements.--
       ``(i) Briefing.--Not later than 90 days after the date on 
     which SpARC is established under subparagraph (B), the 
     Secretary of Transportation shall provide a briefing to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives on the composition, charter, 
     work plan, and as applicable, work progress of SpARC.
       ``(ii) Biannual report.--

       ``(I) In general.--Not later than 1 year after the date on 
     which the initial briefing required by clause (i) is 
     conducted, and biannually thereafter until the date on which 
     SpARC terminates, the Secretary of Transportation shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Science, 
     Space, and Technology of the House of Representatives, and 
     the Commercial Space Transportation Advisory Committee of the 
     Federal Aviation Administration a report on the efforts of 
     the Secretary and SpARC with respect to the development of 
     voluntary consensus human space flight standards.
       ``(II) Elements.--Each report required by subclause (I) 
     shall include the following:

       ``(aa) A list of voluntary consensus human space flight 
     standards that have been adopted or are in development as of 
     the date of the report.
       ``(bb) A prioritized list of any additional standard the 
     development of which the Secretary of Transportation 
     considers necessary in promoting the safety of commercial 
     human space flight.
       ``(cc) An estimate of the technical, personnel, and capital 
     resources required for the Federal Government to efficiently 
     and effectively develop and implement commercial human space 
     flight regulations.
       ``(dd) A description of the contribution that technical 
     experts of the Federal Government with regulatory 
     implementation experience are making to the development of 
     voluntary consensus human space flight standards and to the 
     efforts of SpARC.
       ``(ee) An assessment of the efforts and progress of SpARC.
       ``(iii) Final report.--Not later than 90 days after the 
     date on which the report referred to in subparagraph (C)(v) 
     is submitted by SpARC, the Secretary of Transportation shall 
     submit to Congress a report that includes the following:

       ``(I) The report submitted by SpARC.
       ``(II) The response of the Secretary of Transportation to 
     such report, including substantive reasoning for any 
     disagreement with the recommendations of SpARC.
       ``(III) A plan for drafting rules, including the extent to 
     which such rules will or will not reflect the input of SpARC.
       ``(IV) A plan for meaningfully engaging industry during the 
     rulemaking process through SpARC, the Commercial Space 
     Transportation Advisory Committee, and the conduct of public 
     forums.'';

       (F) by redesignating paragraph (10) as paragraph (11); and
       (G) by inserting after paragraph (9) the following:
       ``(10) Other agencies.--With respect to a commercial human 
     space flight operator that meets safety requirements, the 
     Secretary shall accept an application described in subsection 
     (a) from the operator that has, using the same or 
     substantially similar hardware and operations as the hardware 
     and operations proposed to be used under the application--
       ``(A) previously launched government astronauts or space 
     flight participants employed by a Federal agency on a launch 
     vehicle or launch system under a contract with any other 
     Federal agency; or
       ``(B)(i) entered into a contract with any other Federal 
     agency to launch government astronauts or space flight 
     participants employed by a Federal agency on a launch vehicle 
     or launch system; and
       ``(ii) has satisfactorily demonstrated compliance with the 
     safety requirements or qualifications of such other Federal 
     agency.''.
       (b) Extension of Liability Insurance and Financial 
     Responsibility Requirements.--Section 50914 of title 51, 
     United States Code, is amended--
       (1) in subsection (a)(5), by striking ``September 30, 
     2025'' and inserting ``September 30, 2033''; and
       (2) in subsection (b)(1)(C), by striking ``September 30, 
     2025'' and inserting ``September 30, 2033''.
       (c) Extension of Payment of Claims Exceeding Liability 
     Insurance and Financial Responsibility Requirements.--Section 
     50915 of title 51, United States Code, is amended--
       (1) in subsection (a)(3)(B), by striking ``September 30, 
     2025'' and inserting ``September 30, 2033''; and
       (2) in subsection (f), in the first sentence, by striking 
     ``September 30, 2025'' and inserting ``September 30, 2033''.
                                 ______
                                 
  SA 2124. 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. BALTIMORE BRIDGE RELIEF.

       (a) Finding.--Congress finds that, in accordance with 
     section 668.105(e) of title 23, Code of Federal Regulations 
     (or a successor regulation), any compensation for damages or 
     insurance proceeds, including interest, recovered by a State, 
     a political subdivision of a State, or a toll authority for 
     repair, including reconstruction, of the bridge described in 
     subsection (b) in response to the damage described in that 
     subsection should be used on receipt to reduce liability on 
     the repair, including reconstruction, of that bridge from the 
     emergency fund authorized under section 125 of title 23, 
     United States Code.
       (b) Federal Share for Certain Emergency Relief Projects.--
     Notwithstanding subsection (e) of section 120 of title 23, 
     United States Code, the Federal share for emergency relief 
     funds made available under section 125 of that title to 
     respond to damage caused by the cargo ship Dali to the 
     Francis Scott Key Bridge located in Baltimore City and 
     Baltimore and Anne Arundel Counties, Maryland, including 
     reconstruction of that bridge and its approaches, shall be 
     100 percent.
       (c) Effective Date.--This section shall take effect as if 
     enacted on March 26, 2024.
                                 ______
                                 
  SA 2125. 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

[[Page S4372]]

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. __. ELIMINATION OF INCREASED PENALTIES FOR COCAINE 
                   OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE 
                   BASE.

       (a) Controlled Substances Act.--The following provisions of 
     the Controlled Substances Act (21 U.S.C. 801 et seq.) are 
     repealed:
       (1) Clause (iii) of section 401(b)(1)(A) (21 U.S.C. 
     841(b)(1)(A)).
       (2) Clause (iii) of section 401(b)(1)(B) (21 U.S.C. 
     841(b)(1)(B)).
       (b) Controlled Substances Import and Export Act.--The 
     following provisions of the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.) are repealed:
       (1) Subparagraph (C) of section 1010(b)(1) (21 U.S.C. 
     960(b)(1)).
       (2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 
     960(b)(2)).
       (c) Applicability to Pending and Past Cases.--
       (1) Pending cases.--This section, and the amendments made 
     by this section, shall apply to any sentence imposed after 
     the date of enactment of this Act, regardless of when the 
     offense was committed.
       (2) Past cases.--In the case of a defendant who, before the 
     date of enactment of this Act, was convicted or sentenced for 
     a Federal offense involving cocaine base, the sentencing 
     court may, on motion of the defendant, the Bureau of Prisons, 
     the attorney for the Government, or on its own motion, impose 
     a reduced sentence after considering the factors set forth in 
     section 3553(a) of title 18, United States Code.
                                 ______
                                 
  SA 2126. 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 appropriate place in title VIII, insert the 
     following:

     SEC. __. COMPLIANCE PROCEDURES FOR PROHIBITION ON CRIMINAL 
                   HISTORY INQUIRIES BY FEDERAL CONTRACTORS PRIOR 
                   TO CONDITIONAL OFFER.

       (a) Civilian Agency Contracts.--Section 4714 of title 41, 
     United States Code, is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Compliance.--
       ``(1) Procedures for submission of complaint.--The 
     Secretary of Labor shall establish, and make available to the 
     public, procedures under which an applicant for a position 
     with a Federal contractor may submit to the Secretary a 
     complaint, or any other information, relating to compliance 
     by the contractor with subsection (a)(1)(B).
       ``(2) Investigation of compliance.--In addition to the 
     authority to investigate compliance by a contractor with 
     subsection (a)(1)(B) pursuant to a complaint submitted under 
     paragraph (1) of this subsection, the Secretary of Labor may 
     investigate compliance with subsection (a)(1)(B) in 
     conducting a compliance evaluation under section 60-1.20, 60-
     300.60, or 60-741.60 of title 41, Code of Federal Regulations 
     (or any successor regulation). The Secretary may publish such 
     procedures by regulation, guidance, or by means which the 
     Secretary deems appropriate.''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``head of an executive agency'' and 
     inserting ``Secretary of Labor'';
       (ii) by inserting ``, based upon the results of a complaint 
     investigation or compliance evaluation conducted by the 
     Secretary of Labor under section 60-1.20, 60-300.60, or 60-
     741.60 of title 41, Code of Federal Regulations (or any 
     successor regulation)'' after ``determines'';
       (iii) by striking ``such head'' and inserting ``the 
     Secretary of Labor''; and
       (iv) in subparagraph (C), by striking ``warning'' and 
     inserting ``notice''; and
       (B) in paragraph (2)--
       (i) by striking ``head of an executive agency'' and 
     inserting ``Secretary of Labor'';
       (ii) by inserting ``, based upon the results of a complaint 
     investigation or compliance evaluation conducted by the 
     Secretary of Labor under section 60-1.20, 60-300.60, or 60-
     741.60 of title 41, Code of Federal Regulations (or any 
     successor regulation),'' after ``determines'';
       (iii) by striking ``such head'' and inserting ``the 
     Secretary of Labor''; and
       (iv) by inserting ``as may be necessary'' after ``Federal 
     agencies''; and
       (v) by amending subparagraph (C) to read as follows:
       ``(C) taking any of the actions described under section 
     202(7) of Executive Order 11246 (related to equal employment 
     opportunity) and section 60-1.27 of title 41, Code of Federal 
     Regulations (or any successor regulation).''.
       (b) Defense Contracts.--Section 4657 of title 10, United 
     States Code, is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Compliance.--
       ``(1) Procedures for submission of complaint.--The 
     Secretary of Labor shall establish, and make available to the 
     public, procedures under which an applicant for a position 
     with a Federal contractor may submit to the Secretary of 
     Labor a complaint, or any other information, relating to 
     compliance by the contractor with subsection (a)(1)(B).
       ``(2) Investigation of compliance.--In addition to the 
     authority to investigate compliance by a contractor with 
     subsection (a)(1)(B) pursuant to a complaint submitted under 
     paragraph (1) of this subsection, the Secretary of Labor may 
     investigate compliance with subsection (a)(1)(B) in 
     conducting a compliance evaluation under section 60-1.20, 60-
     300.60, or 60-741.60 of title 41, Code of Federal Regulations 
     (or any successor regulation). The Secretary may publish such 
     procedures by regulation, guidance, or by means which the 
     Secretary deems appropriate.''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``Defense'' and inserting ``Labor'';
       (ii) by inserting ``of Labor'' before ``shall''; and
       (iii) by inserting ``, based upon the results of a 
     complaint investigation or compliance evaluation conducted by 
     the Secretary of Labor under section 60-1.20, 60-300.60, or 
     60-741.60 of title 41, Code of Federal Regulations (or any 
     successor regulation),'' after ``determines''; and
       (iv) in subparagraph (C), by striking ``warning'' and 
     inserting ``notice''; and
       (B) in paragraph (2)--
       (i) by striking ``Secretary of Defense'' and inserting 
     ``Secretary of Labor'';
       (ii) by inserting ``as may be necessary'' after ``Federal 
     agencies''; and
       (iii) by amending subparagraph (C) to read as follows:
       ``(C) taking any of the actions described under section 
     202(7) of Executive Order 11246 (related to equal employment 
     opportunity) and section 60-1.27 of title 41, Code of Federal 
     Regulations (or any successor regulation).''.
       (c) Application.--This section, and the amendments made by 
     this section, shall apply with respect to contracts awarded 
     on or after the date that is 16 months after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2127. Mr. COONS 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. RESEARCH ADVANCING TO MARKET PRODUCTION FOR 
                   INNOVATORS ACT.

       (a) Improvements to Commercialization Selection.--
       (1) In general.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended--
       (A) in subsection (g)--
       (i) in paragraph (4)(B)(i), by striking ``1 year'' and 
     inserting ``180 days'';
       (ii) in paragraph (16), by striking ``and'' at the end;
       (iii) in paragraph (17), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(18) with respect to peer review carried out under the 
     SBIR program, to the extent practicable, include in the peer 
     review--
       ``(A) the likelihood of commercialization in addition to 
     scientific and technical merit and feasibility; and
       ``(B) not less than 1 reviewer with commercialization 
     expertise who is capable of assessing the likelihood of 
     commercialization.'';
       (B) in subsection (o)--
       (i) in paragraph (4)(B)(i), by striking ``1 year'' and 
     inserting ``180 days'';
       (ii) in paragraph (20), by striking ``and'' at the end;
       (iii) in paragraph (21), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(22) with respect to peer review carried out under the 
     STTR program, to the extent practicable, include in the peer 
     review--
       ``(A) the likelihood of commercialization in addition to 
     scientific and technical merit and feasibility; and
       ``(B) not less than 1 reviewer with commercialization 
     expertise who is capable of assessing the likelihood of 
     commercialization.'';
       (C) in subsection (cc)--
       (i) by striking ``During fiscal years 2012 through 2025, 
     the National Institutes of Health, the Department of Defense, 
     and the Department of Education'' and inserting the 
     following:
       ``(1) In general.--During fiscal years 2024 and 2025, each 
     Federal agency with an SBIR or STTR program''; and
       (ii) by adding at the end the following:
       ``(2) Limitation.--
       ``(A) In general.--The total value of awards provided by a 
     Federal agency under this subsection in a fiscal year shall 
     be--
       ``(i) except as provided in clause (ii) and subparagraph 
     (B), not more than 10 percent

[[Page S4373]]

     of the total funds allocated to the SBIR and STTR programs of 
     the Federal agency during that fiscal year; and
       ``(ii) with respect to the National Institutes of Health, 
     not more than 15 percent of the total funds allocated to the 
     SBIR and STTR programs of the National Institutes of Health 
     during that fiscal year.
       ``(B) Exception.--The limitation under subparagraph (A)(i) 
     shall not apply with respect to the Department of Defense.'';
       (D) in subsection (hh)(2)(A)(i), by striking ``simplified 
     and standardized procedures and model contracts'' and 
     inserting ``a simplified and standardized application process 
     and requirements, procedures, and model contracts''; and
       (E) by adding at the end the following:
       ``(yy) Technology Commercialization Official.--Each Federal 
     agency participating in the SBIR or STTR program shall--
       ``(1) designate an existing official within the Federal 
     agency as the Technology Commercialization Official of the 
     Federal agency, who shall--
       ``(A) have sufficient commercialization experience;
       ``(B) provide guidance to SBIR and STTR program awardees in 
     commercializing and transitioning technologies;
       ``(C) identify and advocate for SBIR and STTR program 
     technologies with sufficient technology and commercialization 
     readiness to advance to Phase III awards or other non-SBIR or 
     STTR program contracts;
       ``(D) coordinate with the Administration and Technology 
     Commercialization Officials of other Federal agencies to 
     identify additional markets and commercialization pathways 
     for promising SBIR and STTR program technologies;
       ``(E) submit to the Administration an annual report on the 
     number of technologies from the SBIR or STTR program that 
     have advanced commercialization activities, including 
     information required in the commercialization impact 
     assessment under subsection (aaa);
       ``(F) submit to the Administration an annual report on 
     actions taken by the Federal agency, and the results of those 
     actions, to simplify, standardize, and expedite the 
     application process and requirements, procedures, and 
     contracts as required under subsection (hh); and
       ``(G) carry out such other duties as the Federal agency 
     determines necessary; or
       ``(2) identify an official carrying out substantially 
     similar responsibilities as those described in paragraph 
     (1).''.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this subsection, the Administrator of the Small 
     Business Administration shall submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives a 
     report summarizing the metrics relating to and an evaluation 
     of the authority provided under section 9(cc) of the Small 
     Business Act (15 U.S.C. 638(cc)), as amended by paragraph 
     (1), which shall include the size and location of the small 
     business concerns (as defined in section 3 of the Small 
     Business Act (15 U.S.C. 632)) receiving awards under the SBIR 
     or STTR program.
       (b) Improvements to Technical and Business Assistance; 
     Commercialization Impact Assessment; Patent Assistance.--
     Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by subsection (a), is amended--
       (1) in subsection (q)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A)--
       (i) by striking ``may enter into an agreement with 1 or 
     more vendors selected under paragraph (2)(A) to provide small 
     business concerns engaged in SBIR or STTR projects with 
     technical and business assistance services'' and inserting 
     ``shall authorize recipients of awards under the SBIR or STTR 
     program to select, if desired, technical and business 
     assistance provided under subparagraph (A), (B), or (C) of 
     paragraph (2) with respect to SBIR or STTR projects'';
       (ii) by inserting ``cybersecurity assistance,'' after 
     ``intellectual property protections,''; and
       (iii) by striking ``such concerns'' and inserting ``such 
     recipients'';
       (B) in paragraph (2), by adding at the end the following:
       ``(C) Staff.--A small business concern may, by contract or 
     otherwise, use funding provided under this section to hire 
     new staff, augment staff, or direct staff to conduct or 
     participate in training activities consistent with the goals 
     listed in paragraph (1).'';
       (C) in paragraph (3), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A) Phase i.--A Federal agency described in paragraph (1) 
     shall authorize a recipient of a Phase I SBIR or STTR award 
     to utilize not more than $6,500 per project, included as part 
     of the award of the recipient or in addition to the amount of 
     the award of the recipient as determined appropriate by the 
     head of the Federal agency, for the services described in 
     paragraph (1)--
       ``(i) provided through a vendor selected under paragraph 
     (2)(A);
       ``(ii) provided through a vendor other than a vendor 
     selected under paragraph (2)(A);
       ``(iii) achieved through the activities described in 
     paragraph (2)(C); or
       ``(iv) provided or achieved through any combination of 
     clauses (i), (ii), and (iii).
       ``(B) Phase ii.--A Federal agency described in paragraph 
     (1) shall authorize a recipient of a Phase II SBIR or STTR 
     award to utilize not more than $50,000 per project, included 
     as part of the award of the recipient or in addition to the 
     amount of the award of the recipient as determined 
     appropriate by the head of the Federal agency, for the 
     services described in paragraph (1)--
       ``(i) provided through a vendor selected under paragraph 
     (2)(A);
       ``(ii) provided through a vendor other than a vendor 
     selected under paragraph (2)(A);
       ``(iii) achieved through the activities described in 
     paragraph (2)(C); or
       ``(iv) provided or achieved through any combination of 
     clauses (i), (ii), and (iii).''; and
       (D) by adding at the end the following:
       ``(5) Targeted review.--A Federal agency may perform 
     targeted reviews of technical and business assistance funding 
     as described in subsection (mm)(1)(F).''; and
       (2) by adding at the end the following:
       ``(zz) I-Corps Participation.--
       ``(1) In general.--Each Federal agency that is required to 
     conduct an SBIR or STTR program with an Innovation Corps 
     (commonly known as `I-Corps') program shall--
       ``(A) provide an option for participation in an I-Corps 
     teams course by recipients of an award under the SBIR or STTR 
     program; and
       ``(B) authorize the recipients described in subparagraph 
     (A) to use an award provided under subsection (q) to provide 
     additional technical assistance for participation in the I-
     Corps teams course.
       ``(2) Cost of participation.--The cost of participation by 
     a recipient described in paragraph (1)(A) in an I-Corps 
     course may be provided by--
       ``(A) an I-Corps team grant;
       ``(B) funds awarded to the recipient under subsection (q);
       ``(C) the participating teams or other sources as 
     appropriate; or
       ``(D) any combination of sources described in subparagraphs 
     (A), (B), and (C).
       ``(aaa) Commercialization Impact Assessment.--
       ``(1) In general.--The Administrator shall coordinate with 
     each Federal agency with an SBIR or STTR program to develop 
     an annual commercialization impact assessment report, which 
     shall measure, for each small business concern that has 
     received not less than 50 Phase II awards on or after October 
     1 of the ninth fiscal year before the fiscal year in which 
     the report is submitted--
       ``(A) total dollar value of Federal awards, contracts, and 
     subcontracts, other than SBIR or STTR awards, received by the 
     small business concern over the preceding 9 fiscal years;
       ``(B) the total dollar value of all SBIR and STTR Phase I 
     and Phase II awards received by the small business concern 
     over the preceding 9 fiscal years;
       ``(C) the average annual gross revenue of the small 
     business concern over the preceding 9 years;
       ``(D) total revenue from the sale or licensing of new 
     products and services resulting from the research conducted 
     under the awards received in the preceding 9 fiscal years;
       ``(E) additional investment from any source other than 
     Phase I or Phase II SBIR or STTR awards, to further the 
     research and development conducted under the awards received 
     in the preceding 9 fiscal years;
       ``(F) mergers and acquisitions of award recipients during 
     or after the completion of a Phase II award;
       ``(G) new, unique spin-out companies resulting from 
     research conducted under the awards received in the preceding 
     9 fiscal years;
       ``(H) patents acquired as a result of research conducted 
     under the awards received in the preceding 9 fiscal years;
       ``(I) the year of first Phase II award and the total number 
     of employees at the time of first Phase II award;
       ``(J) the number of employees, as of the end of the most 
     recent fiscal year; and
       ``(K) the total number and value of Phase III awards 
     received.
       ``(2) Publication.--A commercialization impact assessment 
     report described in paragraph (1) of a Federal agency shall 
     be--
       ``(A) included in the annual report of the Federal agency 
     required under subsections (g)(9) and (o)(10); and
       ``(B) submitted to--
       ``(i) the Committee on Small Business and Entrepreneurship 
     of the Senate; and
       ``(ii) the Committee on Science, Space, and Technology and 
     the Committee on Small Business of the House of 
     Representatives.
       ``(bbb) Patent Assistance.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `Director' means the Under Secretary of 
     Commerce for Intellectual Property and Director of the USPTO; 
     and
       ``(B) the term `USPTO' means the United States Patent and 
     Trademark Office.
       ``(2) Assistance.--The Administrator shall enter into an 
     interagency agreement with the Director under which the 
     Director shall assist recipients of an award under the SBIR 
     or STTR program (in this paragraph referred to as `SBIR and 
     STTR recipients') relating to intellectual property 
     protection by establishing a prioritized patent examination 
     program for SBIR and STTR recipients.
       ``(3) Outreach.--The Administrator shall coordinate with 
     the Director to provide outreach regarding the Pro Se 
     Assistance Program of, and scam prevention services provided 
     by, the USPTO.''.

[[Page S4374]]

  

                                 ______
                                 
  SA 2128. Mr. DURBIN (for himself and Mr. Cassidy) 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. ___. ALEXEI NAVALNY WAY.

       (a) Findings.--Congress finds the following:
       (1) The administration of President Vladimir V. Putin of 
     the Russian Federation has engaged in transnational 
     repression, assassinations of political opponents, poisoning 
     and other attempted murders of political opponents, 
     journalists, and human rights defenders, systemic human 
     rights abuses, and unprovoked military attacks against and 
     deployments to neighboring countries.
       (2) The administration of President Vladimir V. Putin of 
     the Russian Federation has carried out arrests and detentions 
     of individuals who peacefully seek democratic freedoms or 
     oppose his repression, corruption, and invasion of Ukraine.
       (3) Alexei Navalny was a Russian political dissident and 
     activist dedicated to promoting democratic freedoms and 
     fighting corruption in Russia.
       (4) On February 16, 2024, the Russian prison where Alexei 
     Navalny was being held after his conviction on fabricated 
     charges in February 2021 announced that he had died a day 
     after he was seen in good health.
       (5) Alexei Navalny had a history of exposing the widespread 
     corruption that sustained the Putin regime by enriching its 
     enablers. He was recognized and awarded on numerous occasions 
     for his work fighting corruption and promoting democratic 
     ideals. Those recognitions and awards include the 2015 Prize 
     of the Platform of European Memory and Conscience, a 
     nomination for the 2021 Nobel Peace Prize, the 2021 Boris 
     Nemtsov Prize for Courage, the 2021 Moral Courage Award by 
     the Geneva Summit for Human Rights and Democracy, the 2021 
     Knight of Freedom Award by the Casimir Pulaski Foundation, 
     and the 2021 Sakharov Prize by the European Parliament.
       (6) Alexei Navalny and fellow dissident Vladimir Kara-Murza 
     endured several poisonings and other attempts on their lives 
     carried out by Putin's government.
       (7) Renaming the street near the official residence of the 
     Russian Ambassador to the United States serves as a 
     continuing expression of solidarity between the people of the 
     United States and the people of the Russian Federation, who 
     are engaged in a sustained, peaceful, and patriotic struggle 
     for fundamental freedoms.
       (b) Designation of Alexei Navalny Way.--
       (1) Designation of way.--
       (A) In general.--The area of Sumner Row Northwest between 
     16th Street Northwest and L Street Northwest in Washington, 
     District of Columbia, shall be known and designated as 
     ``Alexei Navalny Way''.
       (B) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     area referred to in subparagraph (A) shall be deemed to be a 
     reference to ``Alexei Navalny Way''.
       (2) Signs.--The District of Columbia shall construct 2 
     street signs--
       (A) that contain the phrase ``Alexei Navalny Way'';
       (B) one of which shall be placed immediately above existing 
     signs between 1135 16th Street Northwest and 1119-1125 16th 
     Street Northwest;
       (C) one of which shall be placed on a sign post at 1555 L 
     Street Northwest; and
       (D) that are similar in design to the signs used by the 
     District of Columbia to designate the location of Metro 
     stations.
                                 ______
                                 
  SA 2129. Mr. DURBIN 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. __. READ ACT REAUTHORIZATION.

       Section 4(a) of the Reinforcing Education Accountability in 
     Development Act (division A of Public Law 115-56; 22 U.S.C. 
     2151c note) is amended by striking ``during the following 
     five fiscal years'' and inserting ``during the following ten 
     fiscal years''.
                                 ______
                                 
  SA 2130. Mr. DURBIN (for himself, Mr. Boozman, Mrs. Shaheen, Mr. 
Cassidy, and Mr. Coons) 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 XII, add the following:

     SEC. 12__. INVESTMENT, TRADE, AND DEVELOPMENT IN AFRICA AND 
                   LATIN AMERICA AND THE CARIBBEAN.

       (a) Strategy Required.--
       (1) In general.--The President shall establish a 
     comprehensive United States strategy for public and private 
     investment, trade, and development in Africa and Latin 
     America and the Caribbean.
       (2) Focus of strategy.--The strategy required by paragraph 
     (1) shall focus on increasing exports of United States goods 
     and services to Africa and Latin America and the Caribbean by 
     200 percent in real dollar value by the date that is 10 years 
     after the date of the enactment of this Act.
       (3) Consultations.--In developing the strategy required by 
     paragraph (1), the President shall consult with--
       (A) Congress;
       (B) each agency that is a member of the Trade Promotion 
     Coordinating Committee;
       (C) the relevant multilateral development banks, in 
     coordination with the Secretary of the Treasury and the 
     respective United States Executive Directors of such banks;
       (D) each agency that participates in the Trade Policy Staff 
     Committee;
       (E) the President's Export Council;
       (F) each of the development agencies;
       (G) any other Federal agencies with responsibility for 
     export promotion or financing and development; and
       (H) the private sector, including businesses, 
     nongovernmental organizations, and African and Latin American 
     and Caribbean diaspora groups.
       (4) Submission to appropriate congressional committees.--
       (A) Strategy.--Not later than 200 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees the strategy required by 
     subsection (a).
       (B) Progress report.--Not later than 3 years after the date 
     of the enactment of this Act, the President shall submit to 
     the appropriate congressional committees a report on the 
     implementation of the strategy required by paragraph (1).
       (b) Special Africa and Latin America and the Caribbean 
     Export Strategy Coordinators.--The Secretary of Commerce 
     shall designate an official of the Department of Commerce to 
     serve as Special Africa Export Strategy Coordinator and an 
     official of the Department to serve as Special Latin America 
     and the Caribbean Export Strategy Coordinator--
       (1) to oversee the development and implementation of the 
     strategy required by subsection (a);
       (2) to coordinate developing and implementing the strategy 
     with--
       (A) the Trade Promotion Coordinating Committee;
       (B) the Director General for the United States and Foreign 
     Commercial Service and Assistant Secretary of Commerce for 
     Global Markets;
       (C) the Assistant United States Trade Representative for 
     African Affairs or the Assistant United States Trade 
     Representative for the Western Hemisphere, as appropriate;
       (D) the Assistant Secretary of State for African Affairs or 
     the Assistant Secretary of State for Western Hemisphere 
     Affairs, as appropriate;
       (E) the Administrator of the Foreign Agricultural Service 
     of the Department of Agriculture;
       (F) the Export-Import Bank of the United States;
       (G) the United States International Development Finance 
     Corporation; and
       (H) the development agencies; and
       (3) to consider and reflect on the impact of the promotion 
     of exports of goods and services from the United States on 
     the economies of and employment opportunities in the 
     countries importing those goods and services, with a view 
     toward improving secure supply chains, avoiding economic 
     disruptions, and stabilizing economic growth through a trade 
     and export strategy.
       (c) Trade Missions to Africa and Latin America and the 
     Caribbean.--It is the sense of Congress that, not later than 
     one year after the date of the enactment of this Act, the 
     Secretary of Commerce and other high-level officials of the 
     United States Government with responsibility for export 
     promotion, financing, and development should conduct joint 
     trade missions to Africa and to Latin America and the 
     Caribbean.
       (d) Training.--The President shall develop a plan--
       (1) to standardize the training received by United States 
     and Foreign Commercial Service officers, economic officers of 
     the Department of State, and economic officers of the United 
     States Agency for International Development with respect to 
     the programs and procedures of the Export-Import Bank of the 
     United States, the United States International Development 
     Finance Corporation, the Small Business Administration, and 
     the United States Trade and Development Agency; and
       (2) to ensure that, not later than one year after the date 
     of the enactment of this Act--
       (A) all United States and Foreign Commercial Service 
     officers that are stationed overseas receive the training 
     described in paragraph (1); and

[[Page S4375]]

       (B) in the case of a country to which no United States and 
     Foreign Commercial Service officer is assigned, any economic 
     officer of the Department of State stationed in that country 
     receives that training.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Commerce, Science, and Transportation, the 
     Committee on Finance, and the Committee on Foreign Relations 
     of the Senate; and
       (B) the Committee on Energy and Commerce, the Committee on 
     Foreign Affairs, and the Committee on Ways and Means of the 
     House of Representatives.
       (2) Development agencies.--The term ``development 
     agencies'' means the United States Department of State, the 
     United States Agency for International Development, the 
     Millennium Challenge Corporation, the United States 
     International Development Finance Corporation, the United 
     States Trade and Development Agency, the United States 
     Department of Agriculture, and relevant multilateral 
     development banks.
       (3) Multilateral development banks.--The term 
     ``multilateral development banks'' has the meaning given that 
     term in section 1701(c)(4) of the International Financial 
     Institutions Act (22 U.S.C. 262r(c)(4)) and includes the 
     African Development Foundation.
       (4) Trade policy staff committee.--The term ``Trade Policy 
     Staff Committee'' means the Trade Policy Staff Committee 
     established pursuant to section 2002.2 of title 15, Code of 
     Federal Regulations.
       (5) Trade promotion coordinating committee.--The term 
     ``Trade Promotion Coordinating Committee'' means the Trade 
     Promotion Coordinating Committee established under section 
     2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
       (6) United states and foreign commercial service.--The term 
     ``United States and Foreign Commercial Service'' means the 
     United States and Foreign Commercial Service established by 
     section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 
     4721).
                                 ______
                                 
  SA 2131. Mr. DURBIN 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:

Subtitle __--Transfer or Release of Individuals Detained at Guantanamo 
                         Bay Detention Facility

     SEC. _01. PROHIBITION ON USE OF FUNDS TO OPERATE THE 
                   DETENTION FACILITY AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, AFTER SEPTEMBER 
                   30, 2026.

       None of the funds authorized to be appropriated or 
     otherwise made available by this Act or any other Act may be 
     used to operate the detention facility at United States Naval 
     Station, Guantanamo Bay, Cuba, after September 30, 2026.

     SEC. _02. REPEAL OF PROHIBITIONS RELATING TO DETAINEES AT AND 
                   CLOSURE OF UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA.

       (a) Use of Funds for Transfer or Release of Individuals 
     Detained at United States Naval Station, Guantanamo Bay, 
     Cuba, to the United States.--Section 1033 of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1953), as most recently 
     amended by section 1031 of the National Defense Authorization 
     Act for Fiscal Year 2024 (Public Law 118-31; 137 Stat. 386), 
     is repealed.
       (b) Use of Funds to Construct or Modify Facilities in the 
     United States to House Detainees Transferred From United 
     States Naval Station, Guantanamo Bay, Cuba.--Section 1034 of 
     the John S. McCain National Defense Authorization Act for 
     Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as 
     most recently amended by section 1032 of the National Defense 
     Authorization Act for Fiscal Year 2024 (Public Law 118-31; 
     137 Stat. 387), is repealed.
       (c) Use of Funds for Transfer or Release of Individuals 
     Detained at United States Naval Station, Guantanamo Bay, 
     Cuba, to Certain Countries.--Section 1035 of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1954), as most recently 
     amended by section 1033 of the National Defense Authorization 
     Act for Fiscal Year 2024 (Public Law 118-31; 137 Stat. 387), 
     is repealed.

     SEC. _03. REPEAL OF CERTAIN REQUIREMENTS FOR CERTIFICATIONS 
                   AND NOTIFICATIONS RELATING TO TRANSFER OF 
                   DETAINEES AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND 
                   OTHER FOREIGN ENTITIES.

       (a) Certification.--Section 1034 of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 
     129 Stat. 969; 10 U.S.C. 801 note) is repealed.
       (b) Notification.--Section 308 of the Intelligence 
     Authorization Act for Fiscal Year 2012 (Public Law 112-87; 
     125 Stat. 1883; 10 U.S.C. 801 note) is repealed.

     SEC. _04. REPEAL OF CHAPTER 47A OF TITLE 10, UNITED STATES 
                   CODE.

       (a) In General.--Subchapters I through VI and subchapter 
     VIII of chapter 47A of title 10, United States Code, are 
     repealed.
       (b) Conforming Amendments to Subchapter VII.--
       (1) In general.--Subchapter VII of chapter 47A of such 
     title is amended--
       (A) in section 950d(a)(3), by inserting ``(as in effect on 
     the day before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2025)'' after ``of 
     this title'';
       (B) in section 950f--
       (i) in subsection (b)--

       (I) in paragraph (2), by inserting ``(as in effect on the 
     day before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2025)'' after ``of this 
     title''; and
       (II) in paragraph (6)(B), by striking ``section 949b(b)(4) 
     of this title'' and inserting ``paragraph (7)''; and

       (ii) by adding at the end the following new paragraph:
       ``(7) No appellate military judge on the United States 
     Court of Military Commission Review may be reassigned to 
     other duties, except under circumstances as follows:
       ``(A) The appellate military judge voluntarily requests to 
     be reassigned to other duties and the Secretary of Defense, 
     or the designee of the Secretary, in consultation with the 
     Judge Advocate General of the armed force of which the 
     appellate military judge is a member, approves such 
     reassignment.
       ``(B) The appellate military judge retires or otherwise 
     separates from the armed forces.
       ``(C) The appellate military judge is reassigned to other 
     duties by the Secretary of Defense, or the designee of the 
     Secretary, in consultation with the Judge Advocate General of 
     the armed force of which the appellate military judge is a 
     member, based on military necessity and such reassignment is 
     consistent with service rotation regulations (to the extent 
     such regulations are applicable).
       ``(D) The appellate military judge is withdrawn by the 
     Secretary of Defense, or the designee of the Secretary, in 
     consultation with the Judge Advocate General of the armed 
     force of which the appellate military judge is a member, for 
     good cause consistent with applicable procedures under 
     chapter 47 of this title (the Uniform Code of Military 
     Justice).'';
       (C) in section 950h(c), by inserting ``(as in effect on the 
     day before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2025)'' after ``of this 
     title''; and
       (D) by adding at the end the following new section:

     ``Sec. 950k. Definition

       ``In this subchapter, the term `military commission under 
     this chapter' means a military commission under this chapter 
     as in effect on the day before the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 
     2025.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter VII of chapter 47A of such title is 
     amended by adding at the end the following new item:

``950k. Definition.''.
       (c) Clerical Amendment.--The table of subchapters at the 
     beginning of chapter 47A of such title is amended by striking 
     the items relating to subchapters I through VI and subchapter 
     VIII.
                                 ______
                                 
  SA 2132. Mr. DURBIN 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. ___. EXTENSION OF ANNUAL REPORT ON STRIKES UNDERTAKEN BY 
                   THE UNITED STATES AGAINST TERRORIST TARGETS 
                   OUTSIDE AREAS OF ACTIVE HOSTILITIES.

       Section 1723 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1811) is 
     amended--
       (1) in subsection (a), by striking ``until 2022'' and 
     inserting ``until 2032'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``The report'' and inserting ``Each report''; and
       (B) in paragraph (1), by striking the semicolon and 
     inserting ``; and''; and
       (3) in subsection (d), by striking ``The report'' and 
     inserting ``Each report''.
                                 ______
                                 
  SA 2133. Mr. DURBIN (for himself and Mr. Grassley) 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 S4376]]


  

       At the appropriate place, insert the following:

             TITLE _--FIRST STEP IMPLEMENTATION ACT OF 2024

     SEC. _1. SHORT TITLE.

       This title may be cited as the ``First Step Implementation 
     Act of 2024''.

     SEC. _2. SENTENCING REFORM.

       (a) Application of First Step Act.--
       (1) Definitions.--In this subsection--
       (A) the term ``covered offense'' means--
       (i) a violation of a Federal criminal statute, the 
     statutory penalties for which were modified by section 401 or 
     403 of the First Step Act of 2018 (Public Law 115-391; 132 
     Stat. 5220), that was committed on or before December 21, 
     2018; or
       (ii) a violation of a Federal criminal statute, the 
     statutory penalties for which are modified by paragraph (2) 
     of this subsection; and
       (B) the term ``serious violent felony'' has the meaning 
     given that term in section 102 of the Controlled Substances 
     Act (21 U.S.C. 802).
       (2) Amendments.--
       (A) In general.--
       (i) Controlled substances act.--Section 401(b) of the 
     Controlled Substances Act (21 U.S.C. 841(b)) is amended--

       (I) in paragraph (1)--

       (aa) in subparagraph (C), by striking ``felony drug 
     offense'' and inserting ``serious drug felony or serious 
     violent felony'';
       (bb) in subparagraph (D), by striking ``felony drug 
     offense'' and inserting ``serious drug felony or serious 
     violent felony''; and
       (cc) in subparagraph (E)(ii), by striking ``felony drug 
     offense'' and inserting ``serious drug felony or serious 
     violent felony'';

       (II) in paragraph (2), by striking ``felony drug offense'' 
     and inserting ``serious drug felony or serious violent 
     felony''; and
       (III) in paragraph (3), by striking ``felony drug offense'' 
     and inserting ``serious drug felony or serious violent 
     felony''.

       (ii) Controlled substances import and export act.--Section 
     1010(b)(3) of the Controlled Substances Import and Export Act 
     (21 U.S.C. 960(b)(3)) is amended by striking ``felony drug 
     offense'' and inserting ``serious drug felony or serious 
     violent felony''.
       (B) Pending cases.--This paragraph, and the amendments made 
     by this paragraph, shall apply to any sentence imposed on or 
     after the date of enactment of this title, regardless of when 
     the offense was committed.
       (3) Defendants previously sentenced.--A court that imposed 
     a sentence for a covered offense may, on motion of the 
     defendant, the Director of the Bureau of Prisons, the 
     attorney for the Government, or the court, impose a reduced 
     sentence as if sections 401 and 403 of the First Step Act of 
     2018 (Public Law 115-391; 132 Stat. 5220) and the amendments 
     made by paragraph (2) of this subsection were in effect at 
     the time the covered offense was committed if, after 
     considering the factors set forth in section 3553(a) of title 
     18, United States Code, the nature and seriousness of the 
     danger to any person, the community, or any crime victims, 
     and the post-sentencing conduct of the defendant, the 
     sentencing court finds a reduction is consistent with the 
     amendments made by section 401 or 403 of the First Step Act 
     of 2018 (Public Law 115-391; 132 Stat. 5220) or with 
     paragraph (2) of this subsection.
       (4) Crime victims.--Any proceeding under this subsection 
     shall be subject to section 3771 of title 18, United States 
     Code (commonly known as the ``Crime Victims' Rights Act'').
       (5) Requirement.--For each motion filed under paragraph 
     (3), the Government shall conduct a particularized inquiry of 
     the facts and circumstances of the original sentencing of the 
     defendant in order to assess whether a reduction in sentence 
     would be consistent with the First Step Act of 2018 (Public 
     Law 115-391; 132 Stat. 5194) and the amendments made by that 
     Act, including a review of any prior criminal conduct or any 
     other relevant information from Federal, State, and local 
     authorities.
       (b) Modifying Safety Valve for Drug Offenses.--
       (1) Amendments.--Section 3553 of title 18, United States 
     Code, is amended--
       (A) by redesignating subsection (g) as subsection (h); and
       (B) by inserting after subsection (f) the following:
       ``(g) Inadequacy of Criminal History.--
       ``(1) In general.--If subsection (f) does not apply to a 
     defendant because the defendant does not meet the 
     requirements described in subsection (f)(1) (relating to 
     criminal history), the court may, upon prior notice to the 
     Government, waive subsection (f)(1) if the court specifies in 
     writing the specific reasons why reliable information 
     indicates that excluding the defendant pursuant to subsection 
     (f)(1) substantially overrepresents the seriousness of the 
     defendant's criminal history or the likelihood that the 
     defendant will commit other crimes.
       ``(2) Prohibition.--This subsection shall not apply to any 
     defendant who has been convicted of a serious drug felony or 
     a serious violent felony, as those terms are defined in 
     section 102 of the Controlled Substances Act (21 U.S.C. 
     802).''.

     SEC. _3. CORRECTIONS REFORM.

       (a) Parole for Juveniles.--
       (1) In general.--Chapter 403 of title 18, United States 
     Code, is amended by inserting after section 5032 the 
     following:

     ``Sec. 5032A. Modification of an imposed term of imprisonment 
       for violations of law committed prior to age 18

       ``(a) In General.--Notwithstanding any other provision of 
     law, a court may reduce a term of imprisonment imposed upon a 
     defendant convicted as an adult for an offense committed and 
     completed before the defendant attained 18 years of age if--
       ``(1) the defendant has served not less than 20 years in 
     custody for the offense; and
       ``(2) the court finds, after considering the factors set 
     forth in subsection (c), that the defendant is not a danger 
     to the safety of any person or the community and that the 
     interests of justice warrant a sentence modification.
       ``(b) Supervised Release.--Any defendant whose sentence is 
     reduced pursuant to subsection (a) shall be ordered to serve 
     a period of supervised release of not less than 5 years 
     following release from imprisonment. The conditions of 
     supervised release and any modification or revocation of the 
     term of supervise release shall be in accordance with section 
     3583.
       ``(c) Factors and Information To Be Considered in 
     Determining Whether to Modify a Term of Imprisonment.--The 
     court, in determining whether to reduce a term of 
     imprisonment pursuant to subsection (a), shall consider--
       ``(1) the factors described in section 3553(a), including 
     the nature of the offense and the history and characteristics 
     of the defendant;
       ``(2) the age of the defendant at the time of the offense;
       ``(3) a report and recommendation of the Bureau of Prisons, 
     including information on whether the defendant has 
     substantially complied with the rules of each institution in 
     which the defendant has been confined and whether the 
     defendant has completed any educational, vocational, or other 
     prison program, where available;
       ``(4) a report and recommendation of the United States 
     attorney for any district in which an offense for which the 
     defendant is imprisoned was prosecuted;
       ``(5) whether the defendant has demonstrated maturity, 
     rehabilitation, and a fitness to reenter society sufficient 
     to justify a sentence reduction;
       ``(6) any statement, which may be presented orally or 
     otherwise, by any victim of an offense for which the 
     defendant is imprisoned or by a family member of the victim 
     if the victim is deceased;
       ``(7) any report from a physical, mental, or psychiatric 
     examination of the defendant conducted by a licensed health 
     care professional;
       ``(8) the family and community circumstances of the 
     defendant at the time of the offense, including any history 
     of abuse, trauma, or involvement in the child welfare system;
       ``(9) the extent of the role of the defendant in the 
     offense and whether, and to what extent, an adult was 
     involved in the offense;
       ``(10) the diminished culpability of juveniles as compared 
     to that of adults, and the hallmark features of youth, 
     including immaturity, impetuosity, and failure to appreciate 
     risks and consequences, which counsel against sentencing 
     juveniles to the otherwise applicable term of imprisonment; 
     and
       ``(11) any other information the court determines relevant 
     to the decision of the court.
       ``(d) Limitation on Applications Pursuant to This 
     Section.--
       ``(1) Second application.--Not earlier than 5 years after 
     the date on which an order entered by a court on an initial 
     application under this section becomes final, a court shall 
     entertain a second application by the same defendant under 
     this section.
       ``(2) Final application.--Not earlier than 5 years after 
     the date on which an order entered by a court on a second 
     application under paragraph (1) becomes final, a court shall 
     entertain a final application by the same defendant under 
     this section.
       ``(3) Prohibition.--A court may not entertain an 
     application filed after an application filed under paragraph 
     (2) by the same defendant.
       ``(e) Procedures.--
       ``(1) Notice.--The Bureau of Prisons shall provide written 
     notice of this section to--
       ``(A) any defendant who has served not less than 19 years 
     in prison for an offense committed and completed before the 
     defendant attained 18 years of age for which the defendant 
     was convicted as an adult; and
       ``(B) the sentencing court, the United States attorney, and 
     the Federal Public Defender or Executive Director of the 
     Community Defender Organization for the judicial district in 
     which the sentence described in subparagraph (A) was imposed.
       ``(2) Crime victims' rights.--Upon receiving notice under 
     paragraph (1), the United States attorney shall provide any 
     notifications required under section 3771.
       ``(3) Application.--
       ``(A) In general.--An application for a sentence reduction 
     under this section shall be filed as a motion to reduce the 
     sentence of the defendant and may include affidavits or other 
     written material.
       ``(B) Requirement.--A motion to reduce a sentence under 
     this section shall be filed with the sentencing court and a 
     copy shall be served on the United States attorney for the 
     judicial district in which the sentence was imposed.
       ``(4) Expanding the record; hearing.--
       ``(A) Expanding the record.--After the filing of a motion 
     to reduce a sentence under this section, the court may direct 
     the parties to expand the record by submitting additional 
     written materials relating to the motion.

[[Page S4377]]

       ``(B) Hearing.--
       ``(i) In general.--The court shall conduct a hearing on the 
     motion, at which the defendant and counsel for the defendant 
     shall be given the opportunity to be heard.
       ``(ii) Evidence.--In a hearing under this section, the 
     court may allow parties to present evidence.
       ``(iii) Defendant's presence.--At a hearing under this 
     section, the defendant shall be present unless the defendant 
     waives the right to be present. The requirement under this 
     clause may be satisfied by the defendant appearing by video 
     teleconference.
       ``(iv) Counsel.--A defendant who is unable to obtain 
     counsel is entitled to have counsel appointed to represent 
     the defendant for proceedings under this section, including 
     any appeal, unless the defendant waives the right to counsel.
       ``(v) Findings.--The court shall state in open court, and 
     file in writing, the reasons for granting or denying a motion 
     under this section.
       ``(C) Appeal.--The Government or the defendant may file a 
     notice of appeal in the district court for review of a final 
     order under this section. The time limit for filing such 
     appeal shall be governed by rule 4(a) of the Federal Rules of 
     Appellate Procedure.
       ``(f) Educational and Rehabilitative Programs.--A defendant 
     who is convicted and sentenced as an adult for an offense 
     committed and completed before the defendant attained 18 
     years of age may not be deprived of any educational, 
     training, or rehabilitative program that is otherwise 
     available to the general prison population.''.
       (2) Table of sections.--The table of sections for chapter 
     403 of title 18, United States Code, is amended by inserting 
     after the item relating to section 5032 the following:

``5032A. Modification of an imposed term of imprisonment for violations 
              of law committed prior to age 18.''.
       (3) Applicability.--The amendments made by this subsection 
     shall apply to any conviction entered before, on, or after 
     the date of enactment of this title.
       (b) Juvenile Sealing and Expungement.--
       (1) Purpose.--The purpose of this subsection is to--
       (A) protect children and adults against damage stemming 
     from their juvenile acts and subsequent juvenile delinquency 
     records, including law enforcement, arrest, and court 
     records; and
       (B) prevent the unauthorized use or disclosure of 
     confidential juvenile delinquency records and any potential 
     employment, financial, psychological, or other harm that 
     would result from such unauthorized use or disclosure.
       (2) Definitions.--Section 5031 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 5031. Definitions

       ``In this chapter--
       ``(1) the term `adjudication' means a determination by a 
     judge that a person committed an act of juvenile delinquency;
       ``(2) the term `conviction' means a judgment or disposition 
     in criminal court against a person following a finding of 
     guilt by a judge or jury;
       ``(3) the term `destroy' means to render a file unreadable, 
     whether paper, electronic, or otherwise stored, by shredding, 
     pulverizing, pulping, incinerating, overwriting, reformatting 
     the media, or other means;
       ``(4) the term `expunge' means to destroy a record and 
     obliterate the name of the person to whom the record pertains 
     from each official index or public record;
       ``(5) the term `expungement hearing' means a hearing held 
     under section 5045(b)(2)(B);
       ``(6) the term `expungement petition' means a petition for 
     expungement filed under section 5045(b);
       ``(7) the term `high-risk, public trust position' means a 
     position designated as a public trust position under section 
     731.106(b) of title 5, Code of Federal Regulations, or any 
     successor regulation;
       ``(8) the term `juvenile' means--
       ``(A) except as provided in subparagraph (B), a person who 
     has not attained the age of 18 years; and
       ``(B) for the purpose of proceedings and disposition under 
     this chapter for an alleged act of juvenile delinquency, a 
     person who has not attained the age of 21 years;
       ``(9) the term `juvenile delinquency' means the violation 
     of a law of the United States committed by a person before 
     attaining the age of 18 years which would have been a crime 
     if committed by an adult, or a violation by such a person of 
     section 922(x);
       ``(10) the term `juvenile nonviolent offense' means--
       ``(A) in the case of an arrest or an adjudication that is 
     dismissed or finds the juvenile to be not delinquent, an act 
     of juvenile delinquency that is not--
       ``(i) a criminal homicide, forcible rape or any other sex 
     offense (as defined in section 111 of the Sex Offender 
     Registration and Notification Act (34 U.S.C. 20911)), 
     kidnapping, aggravated assault, robbery, burglary of an 
     occupied structure, arson, or a drug trafficking crime in 
     which a firearm was used; or
       ``(ii) a Federal crime of terrorism (as defined in section 
     2332b(g)); and
       ``(B) in the case of an adjudication that finds the 
     juvenile to be delinquent, an act of juvenile delinquency 
     that is not--
       ``(i) described in clause (i) or (ii) of subparagraph (A); 
     or
       ``(ii) a misdemeanor crime of domestic violence (as defined 
     in section 921(a)(33));
       ``(11) the term `juvenile record'--
       ``(A) means a record maintained by a court, the probation 
     system, a law enforcement agency, or any other government 
     agency, of the juvenile delinquency proceedings of a person;
       ``(B) includes--
       ``(i) a juvenile legal file, including a formal document 
     such as a petition, notice, motion, legal memorandum, order, 
     or decree;
       ``(ii) a social record, including--

       ``(I) a record of a probation officer;
       ``(II) a record of any government agency that keeps records 
     relating to juvenile delinquency;
       ``(III) a medical record;
       ``(IV) a psychiatric or psychological record;
       ``(V) a birth certificate;
       ``(VI) an education record, including an individualized 
     education plan;
       ``(VII) a detention record;
       ``(VIII) demographic information that identifies a juvenile 
     or the family of a juvenile; or
       ``(IX) any other record that includes personally 
     identifiable information that may be associated with a 
     juvenile delinquency proceeding, an act of juvenile 
     delinquency, or an alleged act of juvenile delinquency; and

       ``(iii) a law enforcement record, including a photograph or 
     a State criminal justice information system record; and
       ``(C) does not include--
       ``(i) fingerprints; or
       ``(ii) a DNA sample;
       ``(12) the term `petitioner' means a person who files an 
     expungement petition or a sealing petition;
       ``(13) the term `seal' means--
       ``(A) to close a record from public viewing so that the 
     record cannot be examined except by court order; and
       ``(B) to physically seal the record shut and label the 
     record `SEALED' or, in the case of an electronic record, the 
     substantive equivalent;
       ``(14) the term `sealing hearing' means a hearing held 
     under section 5044(b)(2)(B); and
       ``(15) the term `sealing petition' means a petition for a 
     sealing order filed under section 5044(b).''.
       (3) Confidentiality.--Section 5038 of title 18, United 
     States Code, is amended--
       (A) in subsection (a), in the flush text following 
     paragraph (6), by inserting after ``bonding,'' the following: 
     ``participation in an educational system,''; and
       (B) in subsection (b), by striking ``District courts 
     exercising jurisdiction over any juvenile'' and inserting the 
     following: ``Not later than 7 days after the date on which a 
     district court exercises jurisdiction over a juvenile, the 
     district court''.
       (4) Sealing; expungement.--
       (A) In general.--Chapter 403 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 5044. Sealing

       ``(a) Automatic Sealing of Nonviolent Offenses.--
       ``(1) In general.--Three years after the date on which a 
     person who is adjudicated delinquent under this chapter for a 
     juvenile nonviolent offense completes every term of 
     probation, official detention, or juvenile delinquent 
     supervision ordered by the court with respect to the offense, 
     the court shall order the sealing of each juvenile record or 
     portion thereof that relates to the offense if the person--
       ``(A) has not been convicted of a crime or adjudicated 
     delinquent for an act of juvenile delinquency since the date 
     of the disposition; and
       ``(B) is not engaged in active criminal court proceedings 
     or juvenile delinquency proceedings.
       ``(2) Automatic nature of sealing.--The order of sealing 
     under paragraph (1) shall require no action by the person 
     whose juvenile records are to be sealed.
       ``(3) Notice of automatic sealing.--A court that orders the 
     sealing of a juvenile record of a person under paragraph (1) 
     shall, in writing, inform the person of the sealing and the 
     benefits of sealing the record.
       ``(b) Petitioning for Early Sealing of Nonviolent 
     Offenses.--
       ``(1) Right to file sealing petition.--
       ``(A) In general.--During the 3-year period beginning on 
     the date on which a person who is adjudicated delinquent 
     under this chapter for a juvenile nonviolent offense 
     completes every term of probation, official detention, or 
     juvenile delinquent supervision ordered by the court with 
     respect to the offense, the person may petition the court to 
     seal the juvenile records that relate to the offense, unless 
     the person--
       ``(i) has been convicted of a crime or adjudicated 
     delinquent for an act of juvenile delinquency since the date 
     of the disposition; or
       ``(ii) is engaged in active criminal court proceedings or 
     juvenile delinquency proceedings.
       ``(B) Notice of opportunity to file petition.--If a person 
     is adjudicated delinquent for a juvenile nonviolent offense, 
     the court in which the person is adjudicated delinquent 
     shall, in writing, inform the person of the potential 
     eligibility of the person to file a sealing petition with 
     respect to the offense upon completing every term of 
     probation, official detention, or juvenile delinquent 
     supervision ordered by the court with respect to the offense, 
     and the necessary procedures for filing the sealing 
     petition--
       ``(i) on the date on which the individual is adjudicated 
     delinquent; and

[[Page S4378]]

       ``(ii) on the date on which the individual has completed 
     every term of probation, official detention, or juvenile 
     delinquent supervision ordered by the court with respect to 
     the offense.
       ``(2) Procedures.--
       ``(A) Notification to prosecutor.--If a person files a 
     sealing petition with respect to a juvenile nonviolent 
     offense, the court in which the petition is filed shall 
     provide notice of the petition--
       ``(i) to the Attorney General; and
       ``(ii) upon the request of the petitioner, to any other 
     individual that the petitioner determines may testify as to--

       ``(I) the conduct of the petitioner since the date of the 
     offense; or
       ``(II) the reasons that the sealing order should be 
     entered.

       ``(B) Hearing.--
       ``(i) In general.--If a person files a sealing petition, 
     the court shall--

       ``(I) except as provided in clause (iii), conduct a hearing 
     in accordance with clause (ii); and
       ``(II) determine whether to enter a sealing order for the 
     person in accordance with subparagraph (C).

       ``(ii) Opportunity to testify and offer evidence.--

       ``(I) Petitioner.--The petitioner may testify or offer 
     evidence at the sealing hearing in support of sealing.
       ``(II) Prosecutor.--The Attorney General may send a 
     representative to testify or offer evidence at the sealing 
     hearing in support of or against sealing.
       ``(III) Other individuals.--An individual who receives 
     notice under subparagraph (A)(ii) may testify or offer 
     evidence at the sealing hearing as to the issues described in 
     subclauses (I) and (II) of that subparagraph.

       ``(iii) Waiver of hearing.--If the petitioner and the 
     Attorney General so agree, the court shall make a 
     determination under subparagraph (C) without a hearing.
       ``(C) Basis for decision.--The court shall determine 
     whether to grant the sealing petition after considering--
       ``(i) the sealing petition and any documents in the 
     possession of the court;
       ``(ii) all the evidence and testimony presented at the 
     sealing hearing, if such a hearing is conducted;
       ``(iii) the best interests of the petitioner;
       ``(iv) the age of the petitioner during his or her contact 
     with the court or any law enforcement agency;
       ``(v) the nature of the juvenile nonviolent offense;
       ``(vi) the disposition of the case;
       ``(vii) the manner in which the petitioner participated in 
     any court-ordered rehabilitative programming or supervised 
     services;
       ``(viii) the length of the time period during which the 
     petitioner has been without contact with any court or law 
     enforcement agency;
       ``(ix) whether the petitioner has had any criminal or 
     juvenile delinquency involvement since the disposition of the 
     juvenile delinquency proceeding; and
       ``(x) the adverse consequences the petitioner may suffer if 
     the petition is not granted.
       ``(D) Waiting period after denial.--If the court denies a 
     sealing petition, the petitioner may not file a new sealing 
     petition with respect to the same juvenile nonviolent offense 
     until the date that is 2 years after the date of the denial.
       ``(E) Universal form.--The Director of the Administrative 
     Office of the United States Courts shall create a universal 
     form, available over the internet and in paper form, that an 
     individual may use to file a sealing petition.
       ``(F) No fee for indigent petitioners.--If the court 
     determines that the petitioner is indigent, there shall be no 
     cost for filing a sealing petition.
       ``(G) Reporting.--Not later than 2 years after the date of 
     enactment of this section, and each year thereafter, the 
     Director of the Administrative Office of the United States 
     Courts shall issue a public report that--
       ``(i) describes--

       ``(I) the number of sealing petitions granted and denied 
     under this subsection; and
       ``(II) the number of instances in which the Attorney 
     General supported or opposed a sealing petition;

       ``(ii) includes any supporting data that the Director 
     determines relevant and that does not name any petitioner; 
     and
       ``(iii) disaggregates all relevant data by race, ethnicity, 
     gender, and the nature of the offense.
       ``(H) Public defender eligibility.--
       ``(i) Petitioners under age 18.--The district court shall 
     appoint counsel in accordance with the plan of the district 
     court in operation under section 3006A to represent a 
     petitioner for purposes of this subsection if the petitioner 
     is less than 18 years of age.
       ``(ii) Petitioners age 18 and older.--

       ``(I) Discretion of court.--In the case of a petitioner who 
     is not less than 18 years of age, the district court may, in 
     its discretion, appoint counsel in accordance with the plan 
     of the district court in operation under section 3006A to 
     represent the petitioner for purposes of this subsection.
       ``(II) Considerations.--In determining whether to appoint 
     counsel under subclause (I), the court shall consider--

       ``(aa) the anticipated complexity of the sealing hearing, 
     including the number and type of witnesses called to advocate 
     against the sealing of the records of the petitioner; and
       ``(bb) the potential for adverse testimony by a victim or a 
     representative of the Attorney General.
       ``(c) Effect of Sealing Order.--
       ``(1) Protection from disclosure.--Except as provided in 
     paragraphs (3) and (4), if a court orders the sealing of a 
     juvenile record of a person under subsection (a) or (b) with 
     respect to a juvenile nonviolent offense, the proceedings in 
     the case shall be deemed never to have occurred, and the 
     person may properly reply accordingly to any inquiry about 
     the events the records of which are ordered sealed.
       ``(2) Verification of sealing.--If a court orders the 
     sealing of a juvenile record under subsection (a) or (b) with 
     respect to a juvenile nonviolent offense, the court shall--
       ``(A) send a copy of the sealing order to each entity or 
     person known to the court that possesses a record relating to 
     the offense, including each--
       ``(i) law enforcement agency; and
       ``(ii) public or private correctional or detention 
     facility;
       ``(B) in the sealing order, require each entity or person 
     described in subparagraph (A) to--
       ``(i) seal the record; and
       ``(ii) submit a written certification to the court, under 
     penalty of perjury, that the entity or person has sealed each 
     paper and electronic copy of the record;
       ``(C) seal each paper and electronic copy of the record in 
     the possession of the court; and
       ``(D) after receiving a written certification from each 
     entity or person under subparagraph (B)(ii), notify the 
     petitioner that each entity or person described in 
     subparagraph (A) has sealed each paper and electronic copy of 
     the record.
       ``(3) Law enforcement access to sealed records.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a law enforcement agency may access a sealed juvenile record 
     in the possession of the agency or another law enforcement 
     agency solely--
       ``(i) to determine whether the person who is the subject of 
     the record is a nonviolent offender eligible for a first-
     time-offender diversion program;
       ``(ii) for investigatory or prosecutorial purposes; or
       ``(iii) for a background check that relates to--

       ``(I) law enforcement employment; or
       ``(II) any position that a Federal agency designates as a--

       ``(aa) national security position; or
       ``(bb) high-risk, public trust position.
       ``(B) Transition period.--During the 1-year period 
     beginning on the date on which a court orders the sealing of 
     a juvenile record under this section, a law enforcement 
     agency may, for law enforcement purposes, access the record 
     if the record is in the possession of the agency or another 
     law enforcement agency.
       ``(4) Prohibition on disclosure.--
       ``(A) Prohibition.--Except as provided in subparagraph (C), 
     it shall be unlawful to intentionally make or attempt to make 
     an unauthorized disclosure of any information from a sealed 
     juvenile record in violation of this section.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined under this title, imprisoned for not more than 
     1 year, or both.
       ``(C) Exceptions.--
       ``(i) Background checks.--In the case of a background check 
     for law enforcement employment or for any employment that 
     requires a government security clearance--

       ``(I) a person who is the subject of a juvenile record 
     sealed under this section shall disclose the contents of the 
     record; and
       ``(II) a law enforcement agency that possesses a juvenile 
     record sealed under this section--

       ``(aa) may disclose the contents of the record; and
       ``(bb) if the agency obtains or is subject to a court order 
     authorizing disclosure of the record, may disclose the 
     record.
       ``(ii) Disclosure to armed forces.--A person, including a 
     law enforcement agency that possesses a juvenile record 
     sealed under this section, may disclose information from a 
     juvenile record sealed under this section to the Secretaries 
     of the military departments (or the Secretary of Homeland 
     Security with respect to the Coast Guard when it is not 
     operating as a service in the Navy) for the purpose of 
     vetting an enlistment or commission, or with regard to any 
     member of the Armed Forces.
       ``(iii) Criminal and juvenile proceedings.--A prosecutor or 
     other law enforcement officer may disclose information from a 
     juvenile record sealed under this section, and a person who 
     is the subject of a juvenile record sealed under this section 
     may be required to testify or otherwise disclose information 
     about the record, in a criminal or other proceeding if such 
     disclosure is required by the Constitution of the United 
     States, the constitution of a State, or a Federal or State 
     statute or rule.
       ``(iv) Authorization for person to disclose own record.--A 
     person who is the subject of a juvenile record sealed under 
     this section may choose to disclose the record.
       ``(d) Limitation Relating to Subsequent Incidents.--
       ``(1) After filing and before petition granted.--If, after 
     the date on which a person files a sealing petition with 
     respect to a

[[Page S4379]]

     juvenile offense and before the court determines whether to 
     grant the petition, the person is convicted of a crime, 
     adjudicated delinquent for an act of juvenile delinquency, or 
     engaged in active criminal court proceedings or juvenile 
     delinquency proceedings, the court shall deny the petition.
       ``(2) After petition granted.--If, on or after the date on 
     which a court orders the sealing of a juvenile record of a 
     person under subsection (b), the person is convicted of a 
     crime or adjudicated delinquent for an act of juvenile 
     delinquency--
       ``(A) the court shall--
       ``(i) vacate the order; and
       ``(ii) notify the person who is the subject of the juvenile 
     record, and each entity or person described in subsection 
     (c)(2)(A), that the order has been vacated; and
       ``(B) the record shall no longer be sealed.
       ``(e) Inclusion of State Juvenile Delinquency Adjudications 
     and Proceedings.--For purposes of subparagraphs (A) and (B) 
     of subsection (a)(1), clauses (i) and (ii) of subsection 
     (b)(1)(A), subsection (b)(2)(C)(ix), and paragraphs (1) and 
     (2) of subsection (d), the term `juvenile delinquency' 
     includes the violation of a law of a State committed by a 
     person before attaining the age of 18 years which would have 
     been a crime if committed by an adult.

     ``Sec. 5045. Expungement

       ``(a) Automatic Expungement of Certain Records.--
       ``(1) Attorney general motion.--
       ``(A) Nonviolent offenses committed before a person turned 
     15.--If a person is adjudicated delinquent under this chapter 
     for a juvenile nonviolent offense committed before the person 
     attained 15 years of age and completes every term of 
     probation, official detention, or juvenile delinquent 
     supervision ordered by the court with respect to the offense 
     before attaining 18 years of age, on the date on which the 
     person attains 18 years of age, the Attorney General shall 
     file a motion in the district court of the United States in 
     which the person was adjudicated delinquent requesting that 
     each juvenile record of the person that relates to the 
     offense be expunged.
       ``(B) Arrests.--If a juvenile is arrested by a Federal law 
     enforcement agency for a juvenile nonviolent offense for 
     which a juvenile delinquency proceeding is not instituted 
     under this chapter, and for which the United States does not 
     proceed against the juvenile as an adult in a district court 
     of the United States, the Attorney General shall file a 
     motion in the district court of the United States that would 
     have had jurisdiction of the proceeding requesting that each 
     juvenile record relating to the arrest be expunged.
       ``(C) Expungement order.--Upon the filing of a motion in a 
     district court of the United States with respect to a 
     juvenile nonviolent offense under subparagraph (A) or an 
     arrest for a juvenile nonviolent offense under subparagraph 
     (B), the court shall grant the motion and order that each 
     juvenile record relating to the offense or arrest, as 
     applicable, be expunged.
       ``(2) Dismissed cases.--If a district court of the United 
     States dismisses an information with respect to a juvenile 
     under this chapter or finds a juvenile not to be delinquent 
     in a juvenile delinquency proceeding under this chapter, the 
     court shall concurrently order that each juvenile record 
     relating to the applicable proceeding be expunged.
       ``(3) Automatic nature of expungement.--An order of 
     expungement under paragraph (1)(C) or (2) shall not require 
     any action by the person whose records are to be expunged.
       ``(4) Notice of automatic expungement.--A court that orders 
     the expungement of a juvenile record of a person under 
     paragraph (1)(C) or (2) shall, in writing, inform the person 
     of the expungement and the benefits of expunging the record.
       ``(b) Petitioning for Expungement of Nonviolent Offenses.--
       ``(1) In general.--A person who is adjudicated delinquent 
     under this chapter for a juvenile nonviolent offense 
     committed on or after the date on which the person attained 
     15 years of age may petition the court in which the 
     proceeding took place to order the expungement of the 
     juvenile record that relates to the offense unless the 
     person--
       ``(A) has been convicted of a crime or adjudicated 
     delinquent for an act of juvenile delinquency since the date 
     of the disposition;
       ``(B) is engaged in active criminal court proceedings or 
     juvenile delinquency proceedings; or
       ``(C) has had not less than 2 adjudications of delinquency 
     previously expunged under this section.
       ``(2) Procedures.--
       ``(A) Notification of prosecutor and victims.--If a person 
     files an expungement petition with respect to a juvenile 
     nonviolent offense, the court in which the petition is filed 
     shall provide notice of the petition--
       ``(i) to the Attorney General; and
       ``(ii) upon the request of the petitioner, to any other 
     individual that the petitioner determines may testify as to--

       ``(I) the conduct of the petitioner since the date of the 
     offense; or
       ``(II) the reasons that the expungement order should be 
     entered.

       ``(B) Hearing.--
       ``(i) In general.--If a person files an expungement 
     petition, the court shall--

       ``(I) except as provided in clause (iii), conduct a hearing 
     in accordance with clause (ii); and
       ``(II) determine whether to enter an expungement order for 
     the person in accordance with subparagraph (C).

       ``(ii) Opportunity to testify and offer evidence.--

       ``(I) Petitioner.--The petitioner may testify or offer 
     evidence at the expungement hearing in support of 
     expungement.
       ``(II) Prosecutor.--The Attorney General may send a 
     representative to testify or offer evidence at the 
     expungement hearing in support of or against expungement.
       ``(III) Other individuals.--An individual who receives 
     notice under subparagraph (A)(ii) may testify or offer 
     evidence at the expungement hearing as to the issues 
     described in subclauses (I) and (II) of that subparagraph.

       ``(iii) Waiver of hearing.--If the petitioner and the 
     Attorney General so agree, the court shall make a 
     determination under subparagraph (C) without a hearing.
       ``(C) Basis for decision.--The court shall determine 
     whether to grant an expungement petition after considering--
       ``(i) the petition and any documents in the possession of 
     the court;
       ``(ii) all the evidence and testimony presented at the 
     expungement hearing, if such a hearing is conducted;
       ``(iii) the best interests of the petitioner;
       ``(iv) the age of the petitioner during his or her contact 
     with the court or any law enforcement agency;
       ``(v) the nature of the juvenile nonviolent offense;
       ``(vi) the disposition of the case;
       ``(vii) the manner in which the petitioner participated in 
     any court-ordered rehabilitative programming or supervised 
     services;
       ``(viii) the length of the time period during which the 
     petitioner has been without contact with any court or any law 
     enforcement agency;
       ``(ix) whether the petitioner has had any criminal or 
     juvenile delinquency involvement since the disposition of the 
     juvenile delinquency proceeding; and
       ``(x) the adverse consequences the petitioner may suffer if 
     the petition is not granted.
       ``(D) Waiting period after denial.--If the court denies an 
     expungement petition, the petitioner may not file a new 
     expungement petition with respect to the same offense until 
     the date that is 2 years after the date of the denial.
       ``(E) Universal form.--The Director of the Administrative 
     Office of the United States Courts shall create a universal 
     form, available over the internet and in paper form, that an 
     individual may use to file an expungement petition.
       ``(F) No fee for indigent petitioners.--If the court 
     determines that the petitioner is indigent, there shall be no 
     cost for filing an expungement petition.
       ``(G) Reporting.--Not later than 2 years after the date of 
     enactment of this section, and each year thereafter, the 
     Director of the Administrative Office of the United States 
     Courts shall issue a public report that--
       ``(i) describes--

       ``(I) the number of expungement petitions granted and 
     denied under this subsection; and
       ``(II) the number of instances in which the Attorney 
     General supported or opposed an expungement petition;

       ``(ii) includes any supporting data that the Director 
     determines relevant and that does not name any petitioner; 
     and
       ``(iii) disaggregates all relevant data by race, ethnicity, 
     gender, and the nature of the offense.
       ``(H) Public defender eligibility.--
       ``(i) Petitioners under age 18.--The district court shall 
     appoint counsel in accordance with the plan of the district 
     court in operation under section 3006A to represent a 
     petitioner for purposes of this subsection if the petitioner 
     is less than 18 years of age.
       ``(ii) Petitioners age 18 and older.--

       ``(I) Discretion of court.--In the case of a petitioner who 
     is not less than 18 years of age, the district court may, in 
     its discretion, appoint counsel in accordance with the plan 
     of the district court in operation under section 3006A to 
     represent the petitioner for purposes of this subsection.
       ``(II) Considerations.--In determining whether to appoint 
     counsel under subclause (I), the court shall consider--

       ``(aa) the anticipated complexity of the expungement 
     hearing, including the number and type of witnesses called to 
     advocate against the expungement of the records of the 
     petitioner; and
       ``(bb) the potential for adverse testimony by a victim or a 
     representative of the Attorney General.
       ``(c) Effect of Expunged Juvenile Record.--
       ``(1) Protection from disclosure.--Except as provided in 
     paragraphs (4) through (8), if a court orders the expungement 
     of a juvenile record of a person under subsection (a) or (b) 
     with respect to a juvenile nonviolent offense, the 
     proceedings in the case shall be deemed never to have 
     occurred, and the person may properly reply accordingly to 
     any inquiry about the events the records of which are ordered 
     expunged.
       ``(2) Verification of expungement.--If a court orders the 
     expungement of a juvenile record under subsection (a) or (b) 
     with respect to a juvenile nonviolent offense, the court 
     shall--
       ``(A) send a copy of the expungement order to each entity 
     or person known to the court that possesses a record relating 
     to the offense, including each--
       ``(i) law enforcement agency; and

[[Page S4380]]

       ``(ii) public or private correctional or detention 
     facility;
       ``(B) in the expungement order--
       ``(i) require each entity or person described in 
     subparagraph (A) to--

       ``(I) seal the record for 1 year and, during that 1-year 
     period, apply paragraphs (3) and (4) of section 5044(c) with 
     respect to the record;
       ``(II) on the date that is 1 year after the date of the 
     order, destroy the record unless a subsequent incident 
     described in subsection (d)(2) occurs; and
       ``(III) submit a written certification to the court, under 
     penalty of perjury, that the entity or person has destroyed 
     each paper and electronic copy of the record; and

       ``(ii) explain that if a subsequent incident described in 
     subsection (d)(2) occurs, the order shall be vacated and the 
     record shall no longer be sealed;
       ``(C) on the date that is 1 year after the date of the 
     order, destroy each paper and electronic copy of the record 
     in the possession of the court unless a subsequent incident 
     described in subsection (d)(2) occurs; and
       ``(D) after receiving a written certification from each 
     entity or person under subparagraph (B)(i)(III), notify the 
     petitioner that each entity or person described in 
     subparagraph (A) has destroyed each paper and electronic copy 
     of the record.
       ``(3) Reply to inquiries.--On and after the date that is 1 
     year after the date on which a court orders the expungement 
     of a juvenile record of a person under this section, in the 
     case of an inquiry relating to the juvenile record, the 
     court, each law enforcement officer, any agency that provided 
     treatment or rehabilitation services to the person, and the 
     person (except as provided in paragraphs (4) through (8)) 
     shall reply to the inquiry that no such juvenile record 
     exists.
       ``(4) Civil actions.--
       ``(A) In general.--On and after the date on which a court 
     orders the expungement of a juvenile record of a person under 
     this section, if the person brings an action against a law 
     enforcement agency that arrested, or participated in the 
     arrest of, the person for the offense to which the record 
     relates, or against the State or political subdivision of a 
     State of which the law enforcement agency is an agency, in 
     which the contents of the record are relevant to the 
     resolution of the issues presented in the action, there shall 
     be a rebuttable presumption that the defendant has a complete 
     defense to the action.
       ``(B) Showing by plaintiff.--In an action described in 
     subparagraph (A), the plaintiff may rebut the presumption of 
     a complete defense by showing that the contents of the 
     expunged record would not prevent the defendant from being 
     held liable.
       ``(C) Duty to testify as to existence of record.--The court 
     in which an action described in subparagraph (A) is filed may 
     require the plaintiff to state under oath whether the 
     plaintiff had a juvenile record and whether the record was 
     expunged.
       ``(D) Proof of existence of juvenile record.--If the 
     plaintiff in an action described in subparagraph (A) denies 
     the existence of a juvenile record, the defendant may prove 
     the existence of the record in any manner compatible with the 
     applicable laws of evidence.
       ``(5) Criminal and juvenile proceedings.--On and after the 
     date that is 1 year after the date on which a court orders 
     the expungement of a juvenile record under this section, a 
     prosecutor or other law enforcement officer may disclose 
     underlying information from the juvenile record, and the 
     person who is the subject of the juvenile record may be 
     required to testify or otherwise disclose information about 
     the record, in a criminal or other proceeding if such 
     disclosure is required by the Constitution of the United 
     States, the constitution of a State, or a Federal or State 
     statute or rule.
       ``(6) Background checks.--On and after the date that is 1 
     year after the date on which a court orders the expungement 
     of a juvenile record under this section, in the case of a 
     background check for law enforcement employment or for any 
     employment that requires a government security clearance, the 
     person who is the subject of the juvenile record may be 
     required to disclose underlying information from the record.
       ``(7) Disclosure to armed forces.--On and after the date 
     that is 1 year after the date on which a court orders the 
     expungement of a juvenile record under this section, a 
     person, including a law enforcement agency that possessed 
     such a juvenile record, may be required to disclose 
     underlying information from the record to the Secretaries of 
     the military departments (or the Secretary of Homeland 
     Security with respect to the Coast Guard when it is not 
     operating as a service in the Navy) for the purpose of 
     vetting an enlistment or commission, or with regard to any 
     member of the Armed Forces.
       ``(8) Authorization for person to disclose own record.--A 
     person who is the subject of a juvenile record expunged under 
     this section may choose to disclose the record.
       ``(9) Treatment as sealed record during transition 
     period.--During the 1-year period beginning on the date on 
     which a court orders the expungement of a juvenile record 
     under this section, paragraphs (3) and (4) of section 5044(c) 
     shall apply with respect to the record as if the record had 
     been sealed under that section.
       ``(d) Limitation Relating to Subsequent Incidents.--
       ``(1) After filing and before petition granted.--If, after 
     the date on which a person files an expungement petition with 
     respect to a juvenile offense and before the court determines 
     whether to grant the petition, the person is convicted of a 
     crime, adjudicated delinquent for an act of juvenile 
     delinquency, or engaged in active criminal court proceedings 
     or juvenile delinquency proceedings, the court shall deny the 
     petition.
       ``(2) After petition granted.--If, on or after the date on 
     which a court orders the expungement of a juvenile record of 
     a person under subsection (b), the person is convicted of a 
     crime, adjudicated delinquent for an act of juvenile 
     delinquency, or engaged in active criminal court proceedings 
     or juvenile delinquency proceedings--
       ``(A) the court that ordered the expungement shall--
       ``(i) vacate the order; and
       ``(ii) notify the person who is the subject of the juvenile 
     record, and each entity or person described in subsection 
     (c)(2)(A), that the order has been vacated; and
       ``(B) the record--
       ``(i) shall not be expunged; or
       ``(ii) if the record has been expunged because 1 year has 
     elapsed since the date of the expungement order, shall not be 
     treated as having been expunged.
       ``(e) Inclusion of State Juvenile Delinquency Adjudications 
     and Proceedings.--For purposes of subparagraphs (A) and (B) 
     of subsection (b)(1), subsection (b)(2)(C)(ix), and 
     paragraphs (1) and (2) of subsection (d), the term `juvenile 
     delinquency' includes the violation of a law of a State 
     committed by a person before attaining the age of 18 years 
     which would have been a crime if committed by an adult.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 403 of title 18, United States Code, is 
     amended by adding at the end the following:

``5044. Sealing.
``5045. Expungement.''.
       (C) Applicability.--Sections 5044 and 5045 of title 18, 
     United States Code, as added by subparagraph (A), shall apply 
     with respect to a juvenile nonviolent offense (as defined in 
     section 5031 of such title, as amended by paragraph (2)) that 
     is committed or alleged to have been committed before, on, or 
     after the date of enactment of this title.
       (5) Rule of construction.--Nothing in the amendments made 
     by this subsection shall be construed to authorize the 
     sealing or expungement of a record of a criminal conviction 
     of a juvenile who was proceeded against as an adult in a 
     district court of the United States.
       (c) Ensuring Accuracy of Federal Criminal Records.--
       (1) In general.--Section 534 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(g) Ensuring Accuracy of Federal Criminal Records.--
       ``(1) Definitions.--
       ``(A) In general.--In this subsection--
       ``(i) the term `applicant' means the individual to whom a 
     record sought to be exchanged pertains;
       ``(ii) the term `high-risk, public trust position' means a 
     position designated as a public trust position under section 
     731.106(b) of title 5, Code of Federal Regulations, or any 
     successor regulation;
       ``(iii) the term `incomplete', with respect to a record, 
     means the record--

       ``(I) indicates that an individual was arrested but does 
     not describe the offense for which the individual was 
     arrested; or
       ``(II) indicates that an individual was arrested or 
     criminal proceedings were instituted against an individual 
     but does not include the final disposition of the arrest or 
     of the proceedings if a final disposition has been reached;

       ``(iv) the term `record' means a record or other 
     information collected under this section that relates to--

       ``(I) an arrest by a Federal law enforcement officer; or
       ``(II) a Federal criminal proceeding;

       ``(v) the term `reporting jurisdiction' means any person or 
     entity that provides a record to the Attorney General under 
     this section; and
       ``(vi) the term `requesting entity'--

       ``(I) means a person or entity that seeks the exchange of a 
     record for civil purposes that include employment, housing, 
     credit, or any other type of application; and
       ``(II) does not include a law enforcement or intelligence 
     agency that seeks the exchange of a record for--

       ``(aa) investigative purposes; or
       ``(bb) purposes relating to law enforcement employment.
       ``(B) Rule of construction.--The definition of the term 
     `requesting entity' under subparagraph (A) shall not be 
     construed to authorize access to records that is not 
     otherwise authorized by law.
       ``(2) Incomplete or inaccurate records.--The Attorney 
     General shall establish and enforce procedures to ensure the 
     prompt release of accurate records exchanged for employment-
     related purposes through the records system created under 
     this section.
       ``(3) Required procedures.--The procedures established 
     under paragraph (2) shall include the following:
       ``(A) Inaccurate record or information.--If the Attorney 
     General determines that a record is inaccurate, the Attorney 
     General shall promptly correct the record, including by 
     making deletions to the record if appropriate.
       ``(B) Incomplete record.--

[[Page S4381]]

       ``(i) In general.--If the Attorney General determines that 
     a record is incomplete or cannot be verified, the Attorney 
     General--

       ``(I) shall attempt to complete or verify the record; and
       ``(II) if unable to complete or verify the record, may 
     promptly make any changes or deletions to the record.

       ``(ii) Lack of disposition of arrest.--For purposes of this 
     subparagraph, an incomplete record includes a record that 
     indicates there was an arrest and does not include the 
     disposition of the arrest.
       ``(iii) Obtaining disposition of arrest.--If the Attorney 
     General determines that a record is an incomplete record 
     described in clause (ii), the Attorney General shall, not 
     later than 10 days after the date on which the requesting 
     entity requests the exchange and before the exchange is made, 
     obtain the disposition (if any) of the arrest.
       ``(C) Notification of reporting jurisdiction.--The Attorney 
     General shall notify each appropriate reporting jurisdiction 
     of any action taken under subparagraph (A) or (B).
       ``(D) Opportunity to review records by applicant.--In 
     connection with an exchange of a record under this section, 
     the Attorney General shall--
       ``(i) notify the applicant that the applicant can obtain a 
     copy of the record as described in clause (ii) if the 
     applicant demonstrates a reasonable basis for the applicant's 
     review of the record;
       ``(ii) provide to the applicant an opportunity, upon 
     request and in accordance with clause (i), to--

       ``(I) obtain a copy of the record; and
       ``(II) challenge the accuracy and completeness of the 
     record;

       ``(iii) promptly notify the requesting entity of any such 
     challenge;
       ``(iv) not later than 30 days after the date on which the 
     challenge is made, complete an investigation of the 
     challenge;
       ``(v) provide to the applicant the specific findings and 
     results of that investigation;
       ``(vi) promptly make any changes or deletions to the 
     records required as a result of the challenge; and
       ``(vii) report those changes to the requesting entity.
       ``(E) Certain exchanges prohibited.--
       ``(i) In general.--An exchange shall not include any 
     record--

       ``(I) except as provided in clause (ii), about an arrest 
     more than 2 years old as of the date of the request for the 
     exchange, that does not also include a disposition (if any) 
     of that arrest;
       ``(II) relating to an adult or juvenile nonserious offense 
     of the sort described in section 20.32(b) of title 28, Code 
     of Federal Regulations, as in effect on July 1, 2009; or
       ``(III) to the extent the record is not clearly an arrest 
     or a disposition of an arrest.

       ``(ii) Applicants for sensitive positions.--The prohibition 
     under clause (i)(I) shall not apply in the case of a 
     background check that relates to--

       ``(I) law enforcement employment; or
       ``(II) any position that a Federal agency designates as a--

       ``(aa) national security position; or
       ``(bb) high-risk, public trust position.
       ``(4) Fees.--The Attorney General may collect a reasonable 
     fee for an exchange of records for employment-related 
     purposes through the records system created under this 
     section to defray the costs associated with exchanges for 
     those purposes, including any costs associated with the 
     investigation of inaccurate or incomplete records.''.
       (2) Regulations on reasonable procedures.--Not later than 1 
     year after the date of enactment of this title, the Attorney 
     General shall issue regulations to carry out section 534(g) 
     of title 28, United States Code, as added by paragraph (1).
       (3) Report.--
       (A) Definition.--In this paragraph, the term ``record'' has 
     the meaning given the term in subsection (g) of section 534 
     of title 28, United States Code, as added by paragraph (1).
       (B) Report required.--Not later than 2 years after the date 
     of enactment of this title, the Attorney General shall submit 
     to Congress a report on the implementation of subsection (g) 
     of section 534 of title 28, United States Code, as added by 
     paragraph (1), that includes--
       (i) the number of exchanges of records for employment-
     related purposes made with entities in each State through the 
     records system created under such section 534;
       (ii) any prolonged failure of a Federal agency to comply 
     with a request by the Attorney General for information about 
     dispositions of arrests; and
       (iii) the numbers of successful and unsuccessful challenges 
     to the accuracy and completeness of records, organized by the 
     Federal agency from which each record originated.
                                 ______
                                 
  SA 2134. Mr. DURBIN (for himself, Mr. Warnock, Mr. Booker, Mr. 
Blumenthal, Ms. Butler, and Mr. Schumer) 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:

    TITLE [___]--JOHN R. LEWIS VOTING RIGHTS ADVANCEMENT ACT OF 2024

     SECTION [_01]. SHORT TITLE.

       This title may be cited as the ``John R. Lewis Voting 
     Rights Advancement Act of 2024''.

            Subtitle A--Amendments to the Voting Rights Act

     SEC. [_02]. VOTE DILUTION, DENIAL, AND ABRIDGMENT CLAIMS.

       (a) In General.--Section 2(a) of the Voting Rights Act of 
     1965 (52 U.S.C. 10301(a)) is amended--
       (1) by inserting after ``applied by any State or political 
     subdivision'' the following: ``for the purpose of, or''; and
       (2) by striking ``as provided in subsection (b)'' and 
     inserting ``as provided in subsection (b), (c), (d), or 
     (e)''.
       (b) Vote Dilution.--Section 2 of such Act (52 U.S.C. 
     10301), as amended by subsection (a), is further amended by 
     striking subsection (b) and inserting the following:
       ``(b) A violation of subsection (a) for vote dilution is 
     established if, based on the totality of circumstances, it is 
     shown that the political processes leading to nomination or 
     election in the State or political subdivision are not 
     equally open to participation by members of a class of 
     citizens protected by subsection (a) in that its members have 
     less opportunity than other members of the electorate to 
     participate in the political process and to elect 
     representatives of their choice. The extent to which members 
     of a protected class have been elected to office in the State 
     or political subdivision is one circumstance which may be 
     considered: Provided, That nothing in this section 
     establishes a right to have members of a protected class 
     elected in numbers equal to their proportion in the 
     population. The legal standard articulated in Thornburg v. 
     Gingles, 478 U.S. 30 (1986), governs claims under this 
     subsection. For purposes of this subsection a class of 
     citizens protected by subsection (a) may include a cohesive 
     coalition of members of different racial or language minority 
     groups.''.
       (c) Vote Denial or Abridgement.--Section 2 of such Act (52 
     U.S.C. 10301), as amended by subsections (a) and (b), is 
     further amended by adding at the end the following:
       ``(c)(1) A violation of subsection (a) for vote denial or 
     abridgment is established if the challenged standard, 
     practice, or procedure imposes a discriminatory burden on 
     members of a class of citizens protected by subsection (a), 
     meaning that--
       ``(A) members of the protected class face greater 
     difficulty in complying with the standard, practice, or 
     procedure, considering the totality of the circumstances; and
       ``(B) such greater difficulty is, at least in part, caused 
     by or linked to social and historical conditions that have 
     produced or currently produce discrimination against members 
     of the protected class.
       ``(2) The challenged standard, practice, or procedure need 
     only be a but-for cause of the discriminatory burden or 
     perpetuate a pre-existing discriminatory burden.
       ``(3)(A) The totality of the circumstances for 
     consideration relative to a violation of subsection (a) for 
     vote denial or abridgment shall include the following 
     factors, which, individually and collectively, show how a 
     voting standard, practice, or procedure can function to 
     amplify the effects of past or present racial discrimination:
       ``(i) The history of official voting-related discrimination 
     in the State or political subdivision.
       ``(ii) The extent to which voting in the elections of the 
     State or political subdivision is racially polarized.
       ``(iii) The extent to which the State or political 
     subdivision has used unduly burdensome photographic voter 
     identification requirements, documentary proof of citizenship 
     requirements, documentary proof of residence requirements, or 
     other voting standards, practices, or procedures beyond those 
     required by Federal law that may impair the ability of 
     members of the protected class to participate fully in the 
     political process.
       ``(iv) The extent to which members of the protected class 
     bear the effects of discrimination in areas such as 
     education, employment, and health, which hinder the ability 
     of those members to participate effectively in the political 
     process.
       ``(v) The use of overt or subtle racial appeals either in 
     political campaigns or surrounding the adoption or 
     maintenance of the challenged standard, practice, or 
     procedure.
       ``(vi) The extent to which members of the protected class 
     have been elected to public office in the jurisdiction, 
     except that the fact that the protected class is too small to 
     elect candidates of its choice shall not defeat a claim of 
     vote denial or abridgment under this section.
       ``(vii) Whether there is a lack of responsiveness on the 
     part of elected officials to the particularized needs of 
     members of the protected class.
       ``(viii) Whether the policy underlying the State or 
     political subdivision's use of the challenged qualification, 
     prerequisite, standard, practice, or procedure has a tenuous 
     connection to that qualification, prerequisite, standard, 
     practice, or procedure.
       ``(B) A particular combination or number of factors under 
     subparagraph (A) shall not be required to establish a 
     violation of subsection (a) for vote denial or abridgment.

[[Page S4382]]

       ``(C) The totality of the circumstances for consideration 
     relative to a violation of subsection (a) for vote denial or 
     abridgment shall not include the following factors:
       ``(i) The total number or share of members of a protected 
     class on whom a challenged standard, practice, or procedure 
     does not impose a material burden.
       ``(ii) The degree to which the challenged standard, 
     practice, or procedure has a long pedigree or was in 
     widespread use at some earlier date.
       ``(iii) The use of an identical or similar standard, 
     practice, or procedure in other States or political 
     subdivisions.
       ``(iv) The availability of other forms of voting unimpacted 
     by the challenged standard, practice, or procedure to all 
     members of the electorate, including members of the protected 
     class, unless the State or political subdivision is 
     simultaneously expanding those other standards, practices, or 
     procedures to eliminate any disproportionate burden imposed 
     by the challenged standard, practice, or procedure.
       ``(v) A prophylactic impact on potential criminal activity 
     by individual voters, if such crimes have not occurred in the 
     State or political subdivision in substantial numbers.
       ``(vi) Mere invocation of interests in voter confidence or 
     prevention of fraud.''.
       (d) Intended Vote Dilution or Vote Denial or Abridgment.--
     Section 2 of such Act (52 U.S.C. 10301), as amended by 
     subsections (a), (b), and (c) is further amended by adding at 
     the end the following:
       ``(d)(1) A violation of subsection (a) is also established 
     if a challenged qualification, prerequisite, standard, 
     practice, or procedure is intended, at least in part, to 
     dilute the voting strength of a protected class or to deny or 
     abridge the right of any citizen of the United States to vote 
     on account of race, color, or in contravention of the 
     guarantees set forth in section 4(f)(2).
       ``(2) Discrimination on account of race or color, or in 
     contravention of the guarantees set forth in section 4(f)(2), 
     need only be one purpose of a qualification, prerequisite, 
     standard, practice, or procedure in order to establish a 
     violation of subsection (a), as described in this subsection. 
     A qualification, prerequisite, standard, practice, or 
     procedure intended to dilute the voting strength of a 
     protected class or to make it more difficult for members of a 
     protected class to cast a ballot that will be counted 
     constitutes a violation of subsection (a), as described in 
     this subsection, even if an additional purpose of the 
     qualification, prerequisite, standard, practice, or procedure 
     is to benefit a particular political party or group.
       ``(3) Recent context, including actions by official 
     decisionmakers in prior years or in other contexts preceding 
     the decision responsible for the challenged qualification, 
     prerequisite, standard, practice, or procedure, and including 
     actions by predecessor government actors or individual 
     members of a decisionmaking body, may be relevant to making a 
     determination about a violation of subsection (a), as 
     described under this subsection.
       ``(4) A claim that a violation of subsection (a) has 
     occurred, as described under this subsection, shall require 
     proof of a discriminatory impact but shall not require proof 
     of violation of subsection (b) or (c).''.

     SEC. [_03]. RETROGRESSION.

       Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301 
     et seq.), as amended by section [_02] of this title, is 
     further amended by adding at the end the following:
       ``(e) A violation of subsection (a) is established when a 
     State or political subdivision enacts or seeks to administer 
     any qualification or prerequisite to voting or standard, 
     practice, or procedure with respect to voting in any election 
     that has the purpose of or will have the effect of 
     diminishing the ability of any citizens of the United States 
     on account of race or color, or in contravention of the 
     guarantees set forth in section 4(f)(2), to participate in 
     the electoral process or elect their preferred candidates of 
     choice. This subsection applies to any action taken on or 
     after January 1, 2021, by a State or political subdivision to 
     enact or seek to administer any such qualification or 
     prerequisite to voting or standard, practice or procedure.
       ``(f) Notwithstanding the provisions of subsection (e), 
     final decisions of the United States District Court of the 
     District of Columbia on applications or petitions by States 
     or political subdivisions for preclearance under section 5 of 
     any changes in voting prerequisites, standards, practices, or 
     procedures, supersede the provisions of subsection (e).''.

     SEC. [_04]. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO 
                   RETAIN JURISDICTION.

       (a) Types of Violations.--Section 3(c) of the Voting Rights 
     Act of 1965 (52 U.S.C. 10302(c)) is amended by striking 
     ``violations of the fourteenth or fifteenth amendment'' and 
     inserting ``violations of the 14th or 15th Amendment, 
     violations of this Act, or violations of any Federal law that 
     prohibits discrimination in voting on the basis of race, 
     color, or membership in a language minority group,''.
       (b) Conforming Amendment.--Section 3(a) of such Act (52 
     U.S.C. 10302(a)) is amended by striking ``violations of the 
     fourteenth or fifteenth amendment'' and inserting 
     ``violations of the 14th or 15th Amendment, violations of 
     this Act, or violations of any Federal law that prohibits 
     discrimination in voting on the basis of race, color, or 
     membership in a language minority group,''.

     SEC. [_05]. CRITERIA FOR COVERAGE OF STATES AND POLITICAL 
                   SUBDIVISIONS.

       (a) Determination of States and Political Subdivisions 
     Subject to Section 4(a).--
       (1) In general.--Section 4(b) of the Voting Rights Act of 
     1965 (52 U.S.C. 10303(b)) is amended to read as follows:
       ``(b) Determination of States and Political Subdivisions 
     Subject to Requirements.--
       ``(1) Existence of voting rights violations during previous 
     25 years.--
       ``(A) Statewide application.--Subsection (a) applies with 
     respect to a State and all political subdivisions within the 
     State during a calendar year if--
       ``(i) fifteen or more voting rights violations occurred in 
     the State during the previous 25 calendar years; or
       ``(ii) ten or more voting rights violations occurred in the 
     State during the previous 25 calendar years, at least one of 
     which was committed by the State itself (as opposed to a 
     political subdivision within the State).
       ``(B) Application to specific political subdivisions.--
     Subsection (a) applies with respect to a political 
     subdivision as a separate unit during a calendar year if 
     three or more voting rights violations occurred in the 
     subdivision during the previous 25 calendar years.
       ``(2) Period of application.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     if, pursuant to paragraph (1), subsection (a) applies with 
     respect to a State or political subdivision during a calendar 
     year, subsection (a) shall apply with respect to such State 
     or political subdivision for the period--
       ``(i) that begins on January 1 of the year in which 
     subsection (a) applies; and
       ``(ii) that ends on the date which is 10 years after the 
     date described in clause (i).
       ``(B) No further application after declaratory judgment.--
       ``(i) States.--If a State obtains a declaratory judgment 
     under subsection (a), and the judgment remains in effect, 
     subsection (a) shall no longer apply to such State and all 
     political subdivisions in the State pursuant to paragraph 
     (1)(A) unless, after the issuance of the declaratory 
     judgment, paragraph (1)(A) applies to the State solely on the 
     basis of voting rights violations occurring after the 
     issuance of the declaratory judgment.
       ``(ii) Political subdivisions.--If a political subdivision 
     obtains a declaratory judgment under subsection (a), and the 
     judgment remains in effect, subsection (a) shall no longer 
     apply to such political subdivision pursuant to paragraph 
     (1), including pursuant to paragraph (1)(A) (relating to the 
     statewide application of subsection (a)), unless, after the 
     issuance of the declaratory judgment, paragraph (1)(B) 
     applies to the political subdivision solely on the basis of 
     voting rights violations occurring after the issuance of the 
     declaratory judgment.
       ``(3) Determination of voting rights violation.--For 
     purposes of paragraph (1), a voting rights violation occurred 
     in a State or political subdivision if any of the following 
     applies:
       ``(A) Judicial relief; violation of the 14th or 15th 
     amendment.--Any final judgment (that was not reversed on 
     appeal) occurred, in which the plaintiff prevailed and in 
     which any court of the United States determined that a denial 
     or abridgement of the right of any citizen of the United 
     States to vote on account of race, color, or membership in a 
     language minority group occurred, or that a voting 
     qualification or prerequisite to voting or standard, 
     practice, or procedure with respect to voting created an 
     undue burden on the right to vote in connection with a claim 
     that the law unduly burdened voters of a particular race, 
     color, or language minority group, in violation of the 14th 
     or 15th Amendment to the Constitution of the United States, 
     anywhere within the State or subdivision.
       ``(B) Judicial relief; violations of this act.--Any final 
     judgment (that was not reversed on appeal) occurred in which 
     the plaintiff prevailed and in which any court of the United 
     States determined that a voting qualification or prerequisite 
     to voting or standard, practice, or procedure with respect to 
     voting was imposed or applied or would have been imposed or 
     applied anywhere within the State or subdivision in a manner 
     that resulted or would have resulted in a denial or 
     abridgement of the right of any citizen of the United States 
     to vote on account of race, color, or membership in a 
     language minority group, in violation of subsection (e) or 
     (f) or section 2, 201, or 203.
       ``(C) Final judgment; denial of declaratory judgment.--In a 
     final judgment (that was not been reversed on appeal), any 
     court of the United States has denied the request of the 
     State or subdivision for a declaratory judgment under section 
     3(c) or section 5, and thereby prevented a voting 
     qualification or prerequisite to voting or standard, 
     practice, or procedure with respect to voting from being 
     enforced anywhere within the State or subdivision.
       ``(D) Objection by the attorney general.--The Attorney 
     General has interposed an objection under section 3(c) or 
     section 5, and thereby prevented a voting qualification or 
     prerequisite to voting or standard, practice, or procedure 
     with respect to voting from being enforced anywhere within 
     the State or subdivision. A violation under this subparagraph 
     has not occurred where an objection has been withdrawn by the 
     Attorney General, unless the withdrawal was in response to a 
     change in the law or practice

[[Page S4383]]

     that served as the basis of the objection. A violation under 
     this subparagraph has not occurred where the objection is 
     based solely on a State or political subdivision's failure to 
     comply with a procedural process that would not otherwise 
     count as an independent violation of this Act.
       ``(E) Consent decree, settlement, or other agreement.--
       ``(i) Agreement.--A consent decree, settlement, or other 
     agreement was adopted or entered by a court of the United 
     States that contains an admission of liability by the 
     defendants, which resulted in the alteration or abandonment 
     of a voting practice anywhere in the territory of such State 
     or subdivision that was challenged on the ground that the 
     practice denied or abridged the right of any citizen of the 
     United States to vote on account of race, color, or 
     membership in a language minority group in violation of 
     subsection (e) or (f) or section 2, 201, or 203, or the 14th 
     or 15th Amendment.
       ``(ii) Independent violations.--A voluntary extension or 
     continuation of a consent decree, settlement, or agreement 
     described in clause (i) shall not count as an independent 
     violation under this subparagraph. Any other extension or 
     modification of such a consent decree, settlement, or 
     agreement, if the consent decree, settlement, or agreement 
     has been in place for ten years or longer, shall count as an 
     independent violation under this subparagraph. If a court of 
     the United States finds that a consent decree, settlement, or 
     agreement described in clause (i) itself denied or abridged 
     the right of any citizen of the United States to vote on 
     account of race, color, or membership in a language minority 
     group, violated subsection (e) or (f) or section 2, 201, or 
     203, or created an undue burden on the right to vote in 
     connection with a claim that the consent decree, settlement, 
     or other agreement unduly burdened voters of a particular 
     race, color, or language minority group, that finding shall 
     count as an independent violation under this subparagraph.
       ``(F) Multiple violations.--Each instance in which a voting 
     qualification or prerequisite to voting or standard, 
     practice, or procedure with respect to voting, including each 
     redistricting plan, is found to be a violation by a court of 
     the United States pursuant to subparagraph (A) or (B), or 
     prevented from being enforced pursuant to subparagraph (C) or 
     (D), or altered or abandoned pursuant to subparagraph (E) 
     shall count as an independent violation under this paragraph. 
     Within a redistricting plan, each violation under this 
     paragraph found to discriminate against any group of voters 
     based on race, color, or language minority group shall count 
     as an independent violation under this paragraph.
       ``(4) Timing of determinations.--
       ``(A) Determinations of voting rights violations.--As early 
     as practicable during each calendar year, the Attorney 
     General shall make the determinations required by this 
     subsection, including updating the list of voting rights 
     violations occurring in each State and political subdivision 
     for the previous calendar year.
       ``(B) Effective upon publication in federal register.--A 
     determination or certification of the Attorney General under 
     this section or under section 8 or 13 shall be effective upon 
     publication in the Federal Register.''.
       (2) Conforming amendments.--Section 4(a) of such Act (52 
     U.S.C. 10303(a)) is amended--
       (A) in paragraph (1), in the first sentence of the matter 
     preceding subparagraph (A), by striking ``any State with 
     respect to which'' and all that follows through ``unless'' 
     and inserting ``any State to which this subsection applies 
     during a calendar year pursuant to determinations made under 
     subsection (b), or in any political subdivision of such State 
     (as such subdivision existed on the date such determinations 
     were made with respect to such State), though such 
     determinations were not made with respect to such subdivision 
     as a separate unit, or in any political subdivision with 
     respect to which this subsection applies during a calendar 
     year pursuant to determinations made with respect to such 
     subdivision as a separate unit under subsection (b), 
     unless'';
       (B) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking the second sentence;
       (C) in paragraph (1)(A), by striking ``(in the case of a 
     State or subdivision seeking a declaratory judgment under the 
     second sentence of this subsection)'';
       (D) in paragraph (1)(B), by striking ``(in the case of a 
     State or subdivision seeking a declaratory judgment under the 
     second sentence of this subsection)'';
       (E) in paragraph (3), by striking ``(in the case of a State 
     or subdivision seeking a declaratory judgment under the 
     second sentence of this subsection)'';
       (F) in paragraph (5), by striking ``(in the case of a State 
     or subdivision which sought a declaratory judgment under the 
     second sentence of this subsection)'';
       (G) by striking paragraphs (7) and (8); and
       (H) by redesignating paragraph (9) as paragraph (7).
       (b) Clarification of Treatment of Members of Language 
     Minority Groups.--Section 4(a)(1) of such Act (52 U.S.C. 
     10303(a)(1)), as amended by subsection (a), is further 
     amended, in the first sentence, by striking ``race or 
     color,'' and inserting ``race or color, or in contravention 
     of the guarantees of subsection (f)(2),''.
       (c) Facilitating Bailout.--Section 4(a) of the Voting 
     Rights Act of 1965 (52 U.S.C. 10303(a)), as amended by 
     subsection (a), is further amended--
       (1) by striking paragraph (1)(C) and redesignating 
     subparagraphs (D) through (F) as subparagraphs (C) through 
     (E), respectively;
       (2) by inserting at the beginning of paragraph (7), as 
     redesignated by subsection (a)(2)(H), the following: ``Any 
     plaintiff seeking a declaratory judgment under this 
     subsection on the grounds that the plaintiff meets the 
     requirements of paragraph (1) may request that the Attorney 
     General consent to entry of judgment.''; and
       (3) by adding at the end the following:
       ``(8) If a political subdivision is subject to the 
     application of this subsection, due to the applicability of 
     subsection (b)(1)(A), the political subdivision may seek a 
     declaratory judgment under this section if the subdivision 
     demonstrates that the subdivision meets the criteria 
     established by the subparagraphs of paragraph (1), for the 10 
     years preceding the date on which subsection (a) applied to 
     the political subdivision under subsection (b)(1)(A).
       ``(9) If a political subdivision was not subject to the 
     application of this subsection by reason of a declaratory 
     judgment entered prior to the date of enactment of the John 
     R. Lewis Voting Rights Advancement Act of 2024, and is not, 
     subsequent to that date of enactment, subject to the 
     application of this subsection under subsection (b)(1)(B), 
     then that political subdivision shall not be subject to the 
     requirements of this subsection.''.

     SEC. [_06]. DETERMINATION OF STATES AND POLITICAL 
                   SUBDIVISIONS SUBJECT TO PRECLEARANCE FOR 
                   COVERED PRACTICES.

       The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is 
     further amended by inserting after section 4 the following:

     ``SEC. 4A. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS 
                   SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES.

       ``(a) Practice-Based Preclearance.--
       ``(1) In general.--Each State and each political 
     subdivision shall--
       ``(A) identify any newly enacted or adopted law, 
     regulation, or policy that includes a voting qualification or 
     prerequisite to voting, or a standard, practice, or procedure 
     with respect to voting, that is a covered practice described 
     in subsection (b); and
       ``(B) ensure that no such covered practice is implemented 
     unless or until the State or political subdivision, as the 
     case may be, complies with subsection (c).
       ``(2) Determinations of characteristics of voting-age 
     population.--
       ``(A) In general.--As early as practicable during each 
     calendar year, the Attorney General, in consultation with the 
     Director of the Bureau of the Census and the heads of other 
     relevant offices of the government, shall make the 
     determinations required by this section regarding voting-age 
     populations and the characteristics of such populations, and 
     shall publish a list of the States and political subdivisions 
     to which a voting-age population characteristic described in 
     subsection (b) applies.
       ``(B) Publication in the federal register.--A determination 
     (including a certification) of the Attorney General under 
     this paragraph shall be effective upon publication in the 
     Federal Register.
       ``(b) Covered Practices.--To assure that the right of 
     citizens of the United States to vote is not denied or 
     abridged on account of race, color, or membership in a 
     language minority group as a result of the implementation of 
     certain qualifications or prerequisites to voting, or 
     standards, practices, or procedures with respect to voting, 
     newly adopted in a State or political subdivision, the 
     following shall be covered practices subject to the 
     requirements described in subsection (a):
       ``(1) Changes to method of election.--Any change to the 
     method of election--
       ``(A) to add seats elected at-large in a State or political 
     subdivision where--
       ``(i) two or more racial groups or language minority groups 
     each represent 20 percent or more of the voting-age 
     population in the State or political subdivision, 
     respectively; or
       ``(ii) a single language minority group represents 20 
     percent or more of the voting-age population on Indian lands 
     located in whole or in part in the State or political 
     subdivision; or
       ``(B) to convert one or more seats elected from a single-
     member district to one or more at-large seats or seats from a 
     multi-member district in a State or political subdivision 
     where--
       ``(i) two or more racial groups or language minority groups 
     each represent 20 percent or more of the voting-age 
     population in the State or political subdivision, 
     respectively; or
       ``(ii) a single language minority group represents 20 
     percent or more of the voting-age population on Indian lands 
     located in whole or in part in the State or political 
     subdivision.
       ``(2) Changes to political subdivision boundaries.--Any 
     change or series of changes within a year to the boundaries 
     of a political subdivision that reduces by 3 or more 
     percentage points the percentage of the political 
     subdivision's voting-age population that is comprised of 
     members of a single racial group or language minority group 
     in the political subdivision where--
       ``(A) two or more racial groups or language minority groups 
     each represent 20 percent or more of the political 
     subdivision's voting-age population; or

[[Page S4384]]

       ``(B) a single language minority group represents 20 
     percent or more of the voting-age population on Indian lands 
     located in whole or in part in the political subdivision.
       ``(3) Changes through redistricting.--Any change to the 
     boundaries of districts for Federal, State, or local 
     elections in a State or political subdivision where any 
     racial group or language minority group that is not the 
     largest racial group or language minority group in the 
     jurisdiction and that represents 15 percent or more of the 
     State or political subdivision's voting-age population 
     experiences a population increase of at least 20 percent of 
     its voting-age population, over the preceding decade (as 
     calculated by the Bureau of the Census under the most recent 
     decennial census), in the jurisdiction.
       ``(4) Changes in documentation or qualifications to vote.--
     Any change to requirements for documentation or proof of 
     identity to vote or register to vote in elections for 
     Federal, State, or local offices that will exceed or be more 
     stringent than such requirements under State law on the day 
     before the date of enactment of the John R. Lewis Voting 
     Rights Advancement Act of 2024.
       ``(5) Changes to multilingual voting materials.--Any change 
     that reduces multilingual voting materials or alters the 
     manner in which such materials are provided or distributed, 
     where no similar reduction or alteration occurs in materials 
     provided in English for such election.
       ``(6) Changes that reduce, consolidate, or relocate voting 
     locations, or reduce voting opportunities.--Any change that 
     reduces, consolidates, or relocates voting locations in 
     elections for Federal, State, or local office, including 
     early, absentee, and election-day voting locations, or 
     reduces days or hours of in-person voting on any Sunday 
     during a period occurring prior to the date of an election 
     for Federal, State, or local office during which voters may 
     cast ballots in such election, or prohibits the provision of 
     food or non-alcoholic drink to persons waiting to vote in an 
     election for Federal, State, or local office, except where 
     the provision would violate prohibitions on expenditures to 
     influence voting, if the location change, reduction in days 
     or hours, or prohibition applies--
       ``(A) in one or more census tracts in which two or more 
     language minority groups or racial groups each represent 20 
     percent or more of the voting-age population; or
       ``(B) on Indian lands in which at least 20 percent of the 
     voting-age population belongs to a single language minority 
     group.
       ``(7) New list maintenance process.--Any change to the 
     maintenance process for voter registration lists that adds a 
     new basis for removal from the list of active voters 
     registered to vote in elections for Federal, State, or local 
     office, or that incorporates new sources of information in 
     determining a voter's eligibility to vote in elections for 
     Federal, State, or local office, if such a change would have 
     a statistically significant disparate impact, concerning the 
     removal from voter rolls, on members of racial groups or 
     language minority groups that constitute greater than 5 
     percent of the voting-age population--
       ``(A) in the case of a political subdivision imposing such 
     change if--
       ``(i) two or more racial groups or language minority groups 
     each represent 20 percent or more of the voting-age 
     population of the political subdivision; or
       ``(ii) a single language minority group represents 20 
     percent or more of the voting-age population on Indian lands 
     located in whole or in part in the political subdivision; or
       ``(B) in the case of a State imposing such change, if two 
     or more racial groups or language minority groups each 
     represent 20 percent or more of the voting-age population 
     of--
       ``(i) the State; or
       ``(ii) a political subdivision in the State, except that 
     the requirements under subsections (a) and (c) shall apply 
     only with respect to each such political subdivision 
     individually.
       ``(c) Preclearance.--
       ``(1) In general.--
       ``(A) Action.--Whenever a State or political subdivision 
     with respect to which the requirements set forth in 
     subsection (a) are in effect shall enact, adopt, or seek to 
     implement any covered practice described under subsection 
     (b), such State or subdivision may institute an action in the 
     United States District Court for the District of Columbia for 
     a declaratory judgment that such covered practice neither has 
     the purpose nor will have the effect of denying or abridging 
     the right to vote on account of race, color, or membership in 
     a language minority group, and unless and until the court 
     enters such judgment such covered practice shall not be 
     implemented.
       ``(B) Submission to attorney general.--
       ``(i) In general.--Notwithstanding subparagraph (A), such 
     covered practice may be implemented without such proceeding 
     if the covered practice has been submitted by the chief legal 
     officer or other appropriate official of such State or 
     subdivision to the Attorney General and the Attorney General 
     has not interposed an objection within 60 days after such 
     submission, or upon good cause shown, to facilitate an 
     expedited approval within 60 days after such submission, the 
     Attorney General has affirmatively indicated that such 
     objection will not be made. For purposes of determining 
     whether expedited consideration of approval is required under 
     this subparagraph or section 5(a), an exigency such as a 
     natural disaster, that requires a change in a voting 
     qualification or prerequisite to voting or standard, 
     practice, or procedure with respect to voting during the 
     period of 30 days before a Federal election, shall be 
     considered to be good cause requiring that expedited 
     consideration.
       ``(ii) Effect of indication.--Neither an affirmative 
     indication by the Attorney General that no objection will be 
     made, nor the Attorney General's failure to object, nor a 
     declaratory judgment entered under this subsection shall bar 
     a subsequent action to enjoin implementation of such covered 
     practice. In the event the Attorney General affirmatively 
     indicates that no objection will be made within the 60-day 
     period following receipt of a submission, the Attorney 
     General may reserve the right to reexamine the submission if 
     additional information comes to the Attorney General's 
     attention during the remainder of the 60-day period which 
     would otherwise require objection in accordance with this 
     subsection.
       ``(C) Court.--Any action under this subsection shall be 
     heard and determined by a court of three judges in accordance 
     with the provisions of section 2284 of title 28, United 
     States Code, and any appeal shall lie to the Supreme Court.
       ``(2) Denying or abridging the right to vote.--Any covered 
     practice described in subsection (b) that has the purpose of 
     or will have the effect of diminishing the ability of any 
     citizens of the United States on account of race, color, or 
     membership in a language minority group, to elect their 
     preferred candidates of choice denies or abridges the right 
     to vote within the meaning of paragraph (1).
       ``(3) Purpose defined.--The term `purpose' in paragraphs 
     (1) and (2) shall include any discriminatory purpose.
       ``(4) Purpose of paragraph (2).--The purpose of paragraph 
     (2) is to protect the ability of such citizens to elect their 
     preferred candidates of choice.
       ``(d) Enforcement.--The Attorney General or any aggrieved 
     citizen may file an action in a district court of the United 
     States to compel any State or political subdivision to 
     satisfy the obligations set forth in this section. Such an 
     action shall be heard and determined by a court of three 
     judges under section 2284 of title 28, United States Code. In 
     any such action, the court shall provide as a remedy that 
     implementation of any voting qualification or prerequisite to 
     voting, or standard, practice, or procedure with respect to 
     voting, that is the subject of the action under this 
     subsection be enjoined unless the court determines that--
       ``(1) the voting qualification or prerequisite to voting, 
     or standard, practice, or procedure with respect to voting, 
     is not a covered practice described in subsection (b); or
       ``(2) the State or political subdivision has complied with 
     subsection (c) with respect to the covered practice at issue.
       ``(e) Counting of Racial Groups and Language Minority 
     Groups.--For purposes of this section, the calculation of the 
     population of a racial group or a language minority group 
     shall be carried out using the methodology in the guidance of 
     the Department of Justice entitled `Guidance Concerning 
     Redistricting Under Section 5 of the Voting Rights Act; 
     Notice' (76 Fed. Reg. 7470 (February 9, 2011)).
       ``(f) Special Rule.--For purposes of determinations under 
     this section, any data provided by the Bureau of the Census, 
     whether based on estimation from a sample or actual 
     enumeration, shall not be subject to challenge or review in 
     any court.
       ``(g) Multilingual Voting Materials.--In this section, the 
     term `multilingual voting materials' means registration or 
     voting notices, forms, instructions, assistance, or other 
     materials or information relating to the electoral process, 
     including ballots, provided in the language or languages of 
     one or more language minority groups.''.

     SEC. [_07]. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING 
                   RIGHTS ACT.

       (a) Transparency.--The Voting Rights Act of 1965 (52 U.S.C. 
     10301 et seq.) is amended by inserting after section 5 the 
     following:

     ``SEC. 6. TRANSPARENCY REGARDING CHANGES TO PROTECT VOTING 
                   RIGHTS.

       ``(a) Notice of Enacted Changes.--
       ``(1) Notice of changes.--If a State or political 
     subdivision makes any change in any qualification or 
     prerequisite to voting or standard, practice, or procedure 
     with respect to voting in any election for Federal office 
     that will result in the qualification or prerequisite, 
     standard, practice, or procedure being different from that 
     which was in effect as of 180 days before the date of the 
     election for Federal office, the State or political 
     subdivision shall provide reasonable public notice in such 
     State or political subdivision and on the website of the 
     State or political subdivision, of a concise description of 
     the change, including the difference between the changed 
     qualification or prerequisite, standard, practice, or 
     procedure and the qualification, prerequisite, standard, 
     practice, or procedure which was previously in effect. The 
     public notice described in this paragraph, in such State or 
     political subdivision and on the website of a State or 
     political subdivision, shall be in a format that is 
     reasonably convenient and accessible to persons with 
     disabilities who are eligible to vote, including persons who 
     have low vision or are blind.
       ``(2) Deadline for notice.--A State or political 
     subdivision shall provide the public notice required under 
     paragraph (1) not later than 48 hours after making the change 
     involved.

[[Page S4385]]

       ``(b) Transparency Regarding Polling Place Resources.--
       ``(1) In general.--In order to identify any changes that 
     may impact the right to vote of any person, prior to the 30th 
     day before the date of an election for Federal office, each 
     State or political subdivision with responsibility for 
     allocating registered voters, voting machines, and official 
     poll workers to particular precincts and polling places shall 
     provide reasonable public notice in such State or political 
     subdivision and on the website of a State or political 
     subdivision, of the information described in paragraph (2) 
     for precincts and polling places within such State or 
     political subdivision. The public notice described in this 
     paragraph, in such State or political subdivision and on the 
     website of a State or political subdivision, shall be in a 
     format that is reasonably convenient and accessible to 
     persons with disabilities who are eligible to vote, including 
     persons who have low vision or are blind.
       ``(2) Information described.--The information described in 
     this paragraph with respect to a precinct or polling place is 
     each of the following:
       ``(A) The name or number.
       ``(B) In the case of a polling place, the location, 
     including the street address, and whether such polling place 
     is accessible to persons with disabilities.
       ``(C) The voting-age population of the area served by the 
     precinct or polling place, broken down by demographic group 
     if such breakdown is reasonably available to such State or 
     political subdivision.
       ``(D) The number of registered voters assigned to the 
     precinct or polling place, broken down by demographic group 
     if such breakdown is reasonably available to such State or 
     political subdivision.
       ``(E) The number of voting machines assigned, including the 
     number of voting machines accessible to persons with 
     disabilities who are eligible to vote, including persons who 
     have low vision or are blind.
       ``(F) The number of official paid poll workers assigned.
       ``(G) The number of official volunteer poll workers 
     assigned.
       ``(H) In the case of a polling place, the dates and hours 
     of operation.
       ``(3) Updates in information reported.--If a State or 
     political subdivision makes any change in any of the 
     information described in paragraph (2), the State or 
     political subdivision shall provide reasonable public notice 
     in such State or political subdivision and on the website of 
     a State or political subdivision, of the change in the 
     information not later than 48 hours after the change occurs 
     or, if the change occurs fewer than 48 hours before the date 
     of the election for Federal office, as soon as practicable 
     after the change occurs. The public notice described in this 
     paragraph and published on the website of a State or 
     political subdivision shall be in a format that is reasonably 
     convenient and accessible to persons with disabilities who 
     are eligible to vote, including persons who have low vision 
     or are blind.
       ``(c) Transparency of Changes Relating to Demographics and 
     Electoral Districts.--
       ``(1) Requiring public notice of changes.--Not later than 
     10 days after making any change in the constituency that will 
     participate in an election for Federal, State, or local 
     office or the boundaries of a voting unit or electoral 
     district in an election for Federal, State, or local office 
     (including through redistricting, reapportionment, changing 
     from at-large elections to district-based elections, or 
     changing from district-based elections to at-large 
     elections), a State or political subdivision shall provide 
     reasonable public notice in such State or political 
     subdivision and on the website of a State or political 
     subdivision, of the demographic and electoral data described 
     in paragraph (3) for each of the geographic areas described 
     in paragraph (2).
       ``(2) Geographic areas described.--The geographic areas 
     described in this paragraph are as follows:
       ``(A) The State as a whole, if the change applies 
     statewide, or the political subdivision as a whole, if the 
     change applies across the entire political subdivision.
       ``(B) If the change includes a plan to replace or eliminate 
     voting units or electoral districts, each voting unit or 
     electoral district that will be replaced or eliminated.
       ``(C) If the change includes a plan to establish new voting 
     units or electoral districts, each such new voting unit or 
     electoral district.
       ``(3) Demographic and electoral data.--The demographic and 
     electoral data described in this paragraph with respect to a 
     geographic area described in paragraph (2) are each of the 
     following:
       ``(A) The voting-age population, broken down by demographic 
     group.
       ``(B) The number of registered voters, broken down by 
     demographic group if such breakdown is reasonably available 
     to the State or political subdivision involved.
       ``(C)(i) If the change applies to a State, the actual 
     number of votes, or (if it is not reasonably practicable for 
     the State to ascertain the actual number of votes) the 
     estimated number of votes received by each candidate in each 
     statewide election held during the 5-year period which ends 
     on the date the change involved is made; and
       ``(ii) if the change applies to only one political 
     subdivision, the actual number of votes, or (if it is not 
     reasonably practicable for the political subdivision to 
     ascertain the actual number of votes) the estimated number of 
     votes in each subdivision-wide election held during the 5-
     year period which ends on the date the change involved is 
     made.
       ``(4) Voluntary compliance by smaller jurisdictions.--
     Compliance with this subsection shall be voluntary for a 
     political subdivision of a State unless the subdivision is 
     one of the following:
       ``(A) A county or parish.
       ``(B) A municipality with a population greater than 10,000, 
     as determined by the Bureau of the Census under the most 
     recent decennial census.
       ``(C) A school district with a population greater than 
     10,000, as determined by the Bureau of the Census under the 
     most recent decennial census. For purposes of this 
     subparagraph, the term `school district' means the geographic 
     area under the jurisdiction of a local educational agency (as 
     defined in section 8101 of the Elementary and Secondary 
     Education Act of 1965).
       ``(d) Rules Regarding Format of Information.--The Attorney 
     General may issue rules specifying a reasonably convenient 
     and accessible format that States and political subdivisions 
     shall use to provide public notice of information under this 
     section.
       ``(e) No Denial of Right To Vote.--The right to vote of any 
     person shall not be denied or abridged because the person 
     failed to comply with any change made by a State or political 
     subdivision to a voting qualification, prerequisite, 
     standard, practice, or procedure if the State or political 
     subdivision involved did not meet the applicable requirements 
     of this section with respect to the change.
       ``(f) Definitions.--In this section--
       ``(1) the term `demographic group' means each group which 
     section 2 protects from the denial or abridgement of the 
     right to vote on account of race or color, or in 
     contravention of the guarantees set forth in section 4(f)(2);
       ``(2) the term `election for Federal office' means any 
     general, special, primary, or runoff election held solely or 
     in part for the purpose of electing any candidate for the 
     office of President, Vice President, Presidential elector, 
     Senator, Member of the House of Representatives, or Delegate 
     or Resident Commissioner to the Congress; and
       ``(3) the term `persons with disabilities', means 
     individuals with a disability, as defined in section 3 of the 
     Americans with Disabilities Act of 1990.''.
       (b) Effective Date.--The amendment made by subsection 
     (a)(1) shall apply with respect to changes which are made on 
     or after the expiration of the 60-day period which begins on 
     the date of the enactment of this Act.

     SEC. [_08]. AUTHORITY TO ASSIGN OBSERVERS.

       (a) Clarification of Authority in Political Subdivisions 
     Subject to Preclearance.--Section 8(a)(2)(B) of the Voting 
     Rights Act of 1965 (52 U.S.C. 10305(a)(2)(B)) is amended to 
     read as follows:
       ``(B) in the Attorney General's judgment, the assignment of 
     observers is otherwise necessary to enforce the guarantees of 
     the 14th or 15th Amendment or any provision of this Act or 
     any other Federal law protecting the right of citizens of the 
     United States to vote; or''.
       (b) Assignment of Observers To Enforce Bilingual Election 
     Requirements.--Section 8(a) of such Act (52 U.S.C. 10305(a)) 
     is amended--
       (1) by striking ``or'' at the end of paragraph (1);
       (2) by inserting after paragraph (2) the following:
       ``(3) the Attorney General certifies with respect to a 
     political subdivision that--
       ``(A) the Attorney General has received written meritorious 
     complaints from residents, elected officials, or civic 
     participation organizations that efforts to violate section 
     203 are likely to occur; or
       ``(B) in the Attorney General's judgment, the assignment of 
     observers is necessary to enforce the guarantees of section 
     203;''; and
       (3) by moving the margin for the continuation text 
     following paragraph (3), as added by paragraph (2) of this 
     subsection, 2 ems to the left.
       (c) Transferral of Authority Over Observers to the Attorney 
     General.--
       (1) Enforcement proceedings.--Section 3(a) of the Voting 
     Rights Act of 1965 (52 U.S.C. 10302(a)) is amended by 
     striking ``United States Civil Service Commission in 
     accordance with section 6'' and inserting ``Attorney General 
     in accordance with section 8''.
       (2) Observers; appointment and compensation.--Section 8 of 
     the Voting Rights Act of 1965 (52 U.S.C. 10305) is amended--
       (A) in subsection (a), in the flush matter at the end, by 
     striking ``Director of the Office of Personnel Management 
     shall assign as many observers for such subdivision as the 
     Director'' and inserting ``Attorney General shall assign as 
     many observers for such subdivision as the Attorney 
     General'';
       (B) in subsection (c), by striking ``Director of the Office 
     of Personnel Management'' and inserting ``Attorney General''; 
     and
       (C) in subsection (c), by adding at the end the following: 
     ``The Director of the Office of Personnel Management may, 
     with the consent of the Attorney General, assist in the 
     selection, recruitment, hiring, training, or deployment of 
     these or other individuals authorized by the Attorney General 
     for the purpose of observing whether persons who are entitled 
     to vote are being permitted to vote and whether those votes 
     are being properly tabulated.''.
       (3) Termination of certain appointments of observers.--
     Section 13(a)(1) of the Voting

[[Page S4386]]

     Rights Act of 1965 (52 U.S.C. 10309(a)(1)) is amended by 
     striking ``notifies the Director of the Office of Personnel 
     Management,'' and inserting ``determines,''.

     SEC. [_09]. CLARIFICATION OF AUTHORITY TO SEEK RELIEF.

       (a) Poll Tax.--Section 10(b) of the Voting Rights Act of 
     1965 (52 U.S.C. 10306(b)) is amended by striking ``the 
     Attorney General is authorized and directed to institute 
     forthwith in the name of the United States such actions,'' 
     and inserting ``an aggrieved person or (in the name of the 
     United States) the Attorney General may institute such 
     actions''.
       (b) Cause of Action.--Section 12(d) of the Voting Rights 
     Act of 1965 (52 U.S.C. 10308(d)) is amended to read as 
     follows:
       ``(d)(1) Whenever there are reasonable grounds to believe 
     that any person has engaged in, or is about to engage in, any 
     act or practice that would (1) deny any citizen the right to 
     register, to cast a ballot, or to have that ballot counted 
     properly and included in the appropriate totals of votes cast 
     in violation of the 14th, 15th, 19th, 24th, or 26th 
     Amendments to the Constitution of the United States, (2) 
     violate subsection (a) or (b) of section 11, or (3) violate 
     any other provision of this Act or any other Federal voting 
     rights law that prohibits discrimination on the basis of 
     race, color, or membership in a language minority group, an 
     aggrieved person or (in the name of the United States) the 
     Attorney General may institute an action for preventive 
     relief, including an application for a temporary or permanent 
     injunction, restraining order, or other appropriate order. 
     Nothing in this subsection shall be construed to create a 
     cause of action for civil enforcement of criminal provisions 
     of this or any other Act.''.
       (c) Judicial Relief.--Section 204 of the Voting Rights Act 
     of 1965 (52 U.S.C. 10504) is amended by striking the first 
     sentence and inserting the following: ``Whenever there are 
     reasonable grounds to believe that a State or political 
     subdivision has engaged or is about to engage in any act or 
     practice prohibited by a provision of this subtitle, an 
     aggrieved person or (in the name of the United States) the 
     Attorney General may institute an action in a district court 
     of the United States, for a restraining order, a preliminary 
     or permanent injunction, or such other order as may be 
     appropriate.''.
       (d) Enforcement of Twenty-Sixth Amendment.--Section 
     301(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 
     10701(a)(1)) is amended to read as follows:
       ``(a)(1) An aggrieved person or (in the name of the United 
     States) the Attorney General may institute an action in a 
     district court of the United States, for a restraining order, 
     a preliminary or permanent injunction, or such other order as 
     may be appropriate to implement the 26th Amendment to the 
     Constitution of the United States.''.

     SEC. [_10]. PREVENTIVE RELIEF.

       Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 
     10308(d)), as amended by section [_09], is further amended by 
     adding at the end the following:
       ``(2)(A) In considering any motion for preliminary relief 
     in any action for preventive relief described in this 
     subsection, the court shall grant the relief if the court 
     determines that the complainant has raised a serious question 
     as to whether the challenged voting qualification or 
     prerequisite to voting or standard, practice, or procedure 
     violates any of the provisions listed in section [_12(a)(1)] 
     of the John R. Lewis Voting Rights Advancement Act of 2024 
     and, on balance, the hardship imposed on the defendant by the 
     grant of the relief will be less than the hardship which 
     would be imposed on the plaintiff if the relief were not 
     granted.
       ``(B) In making its determination under this paragraph with 
     respect to a change in any voting qualification, prerequisite 
     to voting, or standard, practice, or procedure with respect 
     to voting, the court shall consider all relevant factors and 
     give due weight to the following factors, if they are 
     present:
       ``(i) Whether the qualification, prerequisite, standard, 
     practice, or procedure in effect prior to the change was 
     adopted as a remedy for a Federal court judgment, consent 
     decree, or admission regarding--
       ``(I) discrimination on the basis of race or color in 
     violation of the 14th or 15th Amendment to the Constitution 
     of the United States;
       ``(II) a violation of the 19th, 24th, or 26th Amendments to 
     the Constitution of the United States;
       ``(III) a violation of this Act; or
       ``(IV) voting discrimination on the basis of race, color, 
     or membership in a language minority group in violation of 
     any other Federal or State law.
       ``(ii) Whether the qualification, prerequisite, standard, 
     practice, or procedure in effect prior to the change served 
     as a ground for the dismissal or settlement of a claim 
     alleging--
       ``(I) discrimination on the basis of race or color in 
     violation of the 14th or 15th Amendment to the Constitution 
     of the United States;
       ``(II) a violation of the 19th, 24th, or 26th Amendment to 
     the Constitution of the United States;
       ``(III) a violation of this Act; or
       ``(IV) voting discrimination on the basis of race, color, 
     or membership in a language minority group in violation of 
     any other Federal or State law.
       ``(iii) Whether the change was adopted fewer than 180 days 
     before the date of the election with respect to which the 
     change is to take or takes effect.
       ``(iv) Whether the defendant has failed to provide timely 
     or complete notice of the adoption of the change as required 
     by applicable Federal or State law.
       ``(3) A jurisdiction's inability to enforce its voting or 
     election laws, regulations, policies, or redistricting plans, 
     standing alone, shall not be deemed to constitute irreparable 
     harm to the public interest or to the interests of a 
     defendant in an action arising under the Constitution or any 
     Federal law that prohibits discrimination on the basis of 
     race, color, or membership in a language minority group in 
     the voting process, for the purposes of determining whether a 
     stay of a court's order or an interlocutory appeal under 
     section 1253 of title 28, United States Code, is 
     warranted.''.

     SEC. [_11]. BILINGUAL ELECTION REQUIREMENTS.

       Section 203(b)(1) of the Voting Rights Act of 1965 (52 
     U.S.C. 10503(b)(1)) is amended by striking ``2032'' and 
     inserting ``2037''.

     SEC. [_12]. RELIEF FOR VIOLATIONS OF VOTING RIGHTS LAWS.

       (a) In General.--
       (1) Relief for violations of voting rights laws.--In this 
     section, the term ``prohibited act or practice'' means--
       (A) any act or practice--
       (i) that creates an undue burden on the fundamental right 
     to vote in violation of the 14th Amendment to the 
     Constitution of the United States or violates the Equal 
     Protection Clause of the 14th Amendment to the Constitution 
     of the United States; or
       (ii) that is prohibited by the 15th, 19th, 24th, or 26th 
     Amendment to the Constitution of the United States, section 
     2004 of the Revised Statutes (52 U.S.C. 10101), the Voting 
     Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National 
     Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the 
     Uniformed and Overseas Citizens Absentee Voting Act (52 
     U.S.C. 20301 et seq.), the Help America Vote Act of 2002 (52 
     U.S.C. 20901 et seq.), the Voting Accessibility for the 
     Elderly and Handicapped Act (52 U.S.C. 20101 et seq.), or 
     section 2003 of the Revised Statutes (52 U.S.C. 10102); and
       (B) any act or practice in violation of any Federal law 
     that prohibits discrimination with respect to voting, 
     including the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12101 et seq.).
       (2) Rule of construction.--Nothing in this section shall be 
     construed to diminish the authority or scope of authority of 
     any person to bring an action under any Federal law.
       (3) Attorney's fees.--Section 722(b) of the Revised 
     Statutes (42 U.S.C. 1988(b)) is amended by inserting ``a 
     provision described in section [_12(a)(1)] of the John R. 
     Lewis Voting Rights Advancement Act of 2024,'' after ``title 
     VI of the Civil Rights Act of 1964,''.
       (b) Grounds for Equitable Relief.--In any action for 
     equitable relief pursuant to a law listed under subsection 
     (a), proximity of the action to an election shall not be a 
     valid reason to deny such relief, or stay the operation of or 
     vacate the issuance of such relief, unless the party opposing 
     the issuance or continued operation of relief meets the 
     burden of proving by clear and convincing evidence that the 
     issuance of the relief would be so close in time to the 
     election as to cause irreparable harm to the public interest 
     or that compliance with such relief would impose serious 
     burdens on the party opposing relief.
       (1) In general.--In considering whether to grant, deny, 
     stay, or vacate any order of equitable relief, the court 
     shall give substantial weight to the public's interest in 
     expanding access to the right to vote. A State's generalized 
     interest in enforcing its enacted laws shall not be a 
     relevant consideration in determining whether equitable 
     relief is warranted.
       (2) Presumptive safe harbor.--Where equitable relief is 
     sought either within 30 days of the adoption or reasonable 
     public notice of the challenged policy or practice, or more 
     than 45 days before the date of an election to which the 
     relief being sought will apply, proximity to the election 
     will be presumed not to constitute a harm to the public 
     interest or a burden on the party opposing relief.
       (c) Grounds for Stay or Vacatur in Federal Claims Involving 
     Voting Rights.--
       (1) Prospective effect.--In reviewing an application for a 
     stay or vacatur of equitable relief granted pursuant to a law 
     listed in subsection (a), a court shall give substantial 
     weight to the reliance interests of citizens who acted 
     pursuant to such order under review. In fashioning a stay or 
     vacatur, a reviewing court shall not order relief that has 
     the effect of denying or abridging the right to vote of any 
     citizen who has acted in reliance on the order.
       (2) Written explanation.--No stay or vacatur under this 
     subsection shall issue unless the reviewing court makes 
     specific findings that the public interest, including the 
     public's interest in expanding access to the ballot, will be 
     harmed by the continuing operation of the equitable relief or 
     that compliance with such relief will impose serious burdens 
     on the party seeking such a stay or vacatur such that those 
     burdens substantially outweigh the benefits to the public 
     interest. In reviewing an application for a stay or vacatur 
     of equitable relief, findings of fact made in issuing the 
     order under review shall not be set aside unless clearly 
     erroneous.

     SEC. [_13]. PROTECTION OF TABULATED VOTES.

       The Voting Rights Act of 1965 (52 U.S.C. 10307) is 
     amended--

[[Page S4387]]

       (1) in section 11--
       (A) by amending subsection (a) to read as follows:
       ``(a) No person acting under color of law shall--
       ``(1) fail or refuse to permit any person to vote who is 
     entitled to vote under Federal law or is otherwise qualified 
     to vote;
       ``(2) willfully fail or refuse to tabulate, count, and 
     report such person's vote; or
       ``(3) willfully fail or refuse to certify the aggregate 
     tabulations of such persons' votes or certify the election of 
     the candidates receiving sufficient such votes to be elected 
     to office.''; and
       (B) in subsection (b), by inserting ``subsection (a) or'' 
     after ``duties under''; and
       (2) in section 12--
       (A) in subsection (b)--
       (i) by striking ``a year following an election in a 
     political subdivision in which an observer has been 
     assigned'' and inserting ``22 months following an election 
     for Federal office''; and
       (ii) by adding at the end the following: ``Whenever the 
     Attorney General has reasonable grounds to believe that any 
     person has engaged in or is about to engage in an act in 
     violation of this subsection, the Attorney General may 
     institute (in the name of the United States) a civil action 
     in Federal district court seeking appropriate relief.'';
       (B) in subsection (c), by inserting ``or solicits a 
     violation of'' after ``conspires to violate''; and
       (C) in subsection (e), by striking the first and second 
     sentences and inserting the following: ``If, after the 
     closing of the polls in an election for Federal office, 
     persons allege that notwithstanding (1) their registration by 
     an appropriate election official and (2) their eligibility to 
     vote in the political subdivision, their ballots have not 
     been counted in such election, and if upon prompt receipt of 
     notifications of these allegations, the Attorney General 
     finds such allegations to be well founded, the Attorney 
     General may forthwith file with the district court an 
     application for an order providing for the counting and 
     certification of the ballots of such persons and requiring 
     the inclusion of their votes in the total vote for all 
     applicable offices before the results of such election shall 
     be deemed final and any force or effect given thereto.''.

     SEC. [_14]. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL.

       Section 12 of the Voting Rights Act of 1965 (52 U.S.C. 
     10308), as amended by this title, is further amended by 
     adding at the end the following:
       ``(g) Voting Rights Enforcement by Attorney General.--
       ``(1) In general.--In order to fulfill the Attorney 
     General's responsibility to enforce this Act and other 
     Federal laws that protect the right to vote, the Attorney 
     General (or upon designation by the Attorney General, the 
     Assistant Attorney General for Civil Rights) is authorized, 
     before commencing a civil action, to issue a demand for 
     inspection and information in writing to any State or 
     political subdivision, or other governmental representative 
     or agent, with respect to any relevant documentary material 
     that the Attorney General has reason to believe is within 
     their possession, custody, or control. A demand by the 
     Attorney General under this subsection may require--
       ``(A) the production of such documentary material for 
     inspection and copying;
       ``(B) answers in writing to written questions with respect 
     to such documentary material; or
       ``(C) both the production described under subparagraph (A) 
     and the answers described under subparagraph (B).
       ``(2) Contents of an attorney general demand.--
       ``(A) In general.--Any demand issued under paragraph (1), 
     shall include a sworn certificate to identify the voting 
     qualification or prerequisite to voting or standard, 
     practice, or procedure with respect to voting, or other 
     voting related matter or issue, whose lawfulness the Attorney 
     General is investigating and to identify the Federal law that 
     protects the right to vote under which the investigation is 
     being conducted. The demand shall be reasonably calculated to 
     lead to the discovery of documentary material and information 
     relevant to such investigation. Documentary material includes 
     any material upon which relevant information is recorded, and 
     includes written or printed materials, photographs, tapes, or 
     materials upon which information is electronically or 
     magnetically recorded. Such demands shall be aimed at the 
     Attorney General having the ability to inspect and obtain 
     copies of relevant materials (as well as obtain information) 
     related to voting and are not aimed at the Attorney General 
     taking possession of original records, particularly those 
     that are required to be retained by State and local election 
     officials under Federal or State law.
       ``(B) No requirement for production.--Any demand issued 
     under paragraph (1) may not require the production of any 
     documentary material or the submission of any answers in 
     writing to written questions if such material or answers 
     would be protected from disclosure under the standards 
     applicable to discovery requests under the Federal Rules of 
     Civil Procedure in an action in which the Attorney General or 
     the United States is a party.
       ``(C) Documentary material.--If the demand issued under 
     paragraph (1) requires the production of documentary 
     material, it shall--
       ``(i) identify the class of documentary material to be 
     produced with such definiteness and certainty as to permit 
     such material to be fairly identified; and
       ``(ii) prescribe a return date for production of the 
     documentary material at least 20 days after issuance of the 
     demand to give the State or political subdivision, or other 
     governmental representative or agent, a reasonable period of 
     time for assembling the documentary material and making it 
     available for inspection and copying.
       ``(D) Answers to written questions.--If the demand issued 
     under paragraph (1) requires answers in writing to written 
     questions, it shall--
       ``(i) set forth with specificity the written question to be 
     answered; and
       ``(ii) prescribe a date at least 20 days after the issuance 
     of the demand for submitting answers in writing to the 
     written questions.
       ``(E) Service.--A demand issued under paragraph (1) may be 
     served by a United States marshal or a deputy marshal, or by 
     certified mail, at any place within the territorial 
     jurisdiction of any court of the United States.
       ``(3) Responses to an attorney general demand.--A State or 
     political subdivision, or other governmental representative 
     or agent, shall, with respect to any documentary material or 
     any answer in writing produced under this subsection, provide 
     a sworn certificate, in such form as the demand issued under 
     paragraph (1) designates, by a person having knowledge of the 
     facts and circumstances relating to such production or 
     written answer, authorized to act on behalf of the State or 
     political subdivision, or other governmental representative 
     or agent, upon which the demand was served. The certificate--
       ``(A) shall state that--
       ``(i) all of the documentary material required by the 
     demand and in the possession, custody, or control of the 
     State or political subdivision, or other governmental 
     representative or agent, has been produced;
       ``(ii) with respect to every answer in writing to a written 
     question, all information required by the question and in the 
     possession, custody, control, or knowledge of the State or 
     political subdivision, or other governmental representative 
     or agent, has been submitted; or
       ``(iii) the requirements described in both clause (i) and 
     clause (ii) have been met; or
       ``(B) provide the basis for any objection to producing the 
     documentary material or answering the written question.
     To the extent that any information is not furnished, the 
     information shall be identified and reasons set forth with 
     particularity regarding the reasons why the information was 
     not furnished.
       ``(4) Judicial proceedings.--
       ``(A) Petition for enforcement.--Whenever any State or 
     political subdivision, or other governmental representative 
     or agent, fails to comply with demand issued by the Attorney 
     General under paragraph (1), the Attorney General may file, 
     in a district court of the United States in which the State 
     or political subdivision, or other governmental 
     representative or agent, is located, a petition for a 
     judicial order enforcing the Attorney General demand issued 
     under paragraph (1).
       ``(B) Petition to modify.--
       ``(i) In general.--Any State or political subdivision, or 
     other governmental representative or agent, that is served 
     with a demand issued by the Attorney General under paragraph 
     (1) may file in the United States District Court for the 
     District of Columbia a petition for an order of the court to 
     modify or set aside the demand of the Attorney General.
       ``(ii) Petition to modify.--Any petition to modify or set 
     aside a demand of the Attorney General issued under paragraph 
     (1) must be filed within 20 days after the date of service of 
     the Attorney General's demand or at any time before the 
     return date specified in the Attorney General's demand, 
     whichever date is earlier.
       ``(iii) Contents of petition.--The petition shall specify 
     each ground upon which the petitioner relies in seeking 
     relief under clause (i), and may be based upon any failure of 
     the Attorney General's demand to comply with the provisions 
     of this section or upon any constitutional or other legal 
     right or privilege of the State or political subdivision, or 
     other governmental representative or agent. During the 
     pendency of the petition in the court, the court may stay, as 
     it deems proper, the running of the time allowed for 
     compliance with the Attorney General's demand, in whole or in 
     part, except that the State or political subdivision, or 
     other governmental representative or agent, filing the 
     petition shall comply with any portions of the Attorney 
     General's demand not sought to be modified or set aside.''.

     SEC. [_15]. DEFINITIONS.

       Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301) 
     is amended by adding at the end the following:

     ``SEC. 21. DEFINITIONS.

       ``In this Act:
       ``(1) Indian.--The term `Indian' has the meaning given the 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304).
       ``(2) Indian lands.--The term `Indian lands' means--
       ``(A) any Indian country of an Indian tribe, as such term 
     is defined in section 1151 of title 18, United States Code;

[[Page S4388]]

       ``(B) any land in Alaska that is owned, pursuant to the 
     Alaska Native Claims Settlement Act, by an Indian tribe that 
     is a Native village (as such term is defined in section 3 of 
     such Act), or by a Village Corporation that is associated 
     with the Indian tribe (as such term is defined in section 3 
     of such Act);
       ``(C) any land on which the seat of government of the 
     Indian tribe is located; and
       ``(D) any land that is part or all of a tribal designated 
     statistical area associated with the Indian tribe, or is part 
     or all of an Alaska Native village statistical area 
     associated with the tribe, as defined by the Bureau of the 
     Census for the purposes of the most recent decennial census.
       ``(3) Indian tribe.--The term `Indian tribe' or `tribe' has 
     the meaning given the term `Indian tribe' in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).
       ``(4) Tribal government.--The term `Tribal Government' 
     means the recognized governing body of an Indian Tribe.
       ``(5) Voting-age population.--The term `voting-age 
     population' means the numerical size of the population within 
     a State, within a political subdivision, or within a 
     political subdivision that contains Indian lands, as the case 
     may be, that consists of persons age 18 or older, as 
     calculated by the Bureau of the Census under the most recent 
     decennial census.''.

     SEC. [_16]. ATTORNEYS' FEES.

       Section 14(c) of the Voting Rights Act of 1965 (52 U.S.C. 
     10310(c)) is amended by adding at the end the following:
       ``(4) The term `prevailing party' means a party to an 
     action that receives at least some of the benefit sought by 
     such action, states a colorable claim, and can establish that 
     the action was a significant cause of a change to the status 
     quo.''.

     SEC. [_17]. OTHER TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Actions Covered Under Section 3.--Section 3(c) of the 
     Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended--
       (1) by striking ``any proceeding instituted by the Attorney 
     General or an aggrieved person under any statute to enforce'' 
     and inserting ``any action under any statute in which a party 
     (including the Attorney General) seeks to enforce''; and
       (2) by striking ``at the time the proceeding was 
     commenced'' and inserting ``at the time the action was 
     commenced''.
       (b) Clarification of Treatment of Members of Language 
     Minority Groups.--Section 4(f) of such Act (52 U.S.C. 
     10303(f)) is amended--
       (1) in paragraph (1), by striking the second sentence; and
       (2) by striking paragraphs (3) and (4).
       (c) Period During Which Changes in Voting Practices Are 
     Subject to Preclearance Under Section 5.--Section 5 of such 
     Act (52 U.S.C. 10304) is amended--
       (1) in subsection (a), by striking ``based upon 
     determinations made under the first sentence of section 4(b) 
     are in effect'' and inserting ``are in effect during a 
     calendar year'';
       (2) in subsection (a), by striking ``November 1, 1964'' and 
     all that follows through ``November 1, 1972'' and inserting 
     ``the applicable date of coverage''; and
       (3) by adding at the end the following new subsection:
       ``(e) The term `applicable date of coverage' means, with 
     respect to a State or political subdivision--
       ``(1) June 25, 2013, if the most recent determination for 
     such State or subdivision under section 4(b) was made on or 
     before December 31, 2021; or
       ``(2) the date on which the most recent determination for 
     such State or subdivision under section 4(b) was made, if 
     such determination was made after December 31, 2021.''.
       (d) Review of Preclearance Submission Under Section 5 Due 
     to Exigency.--Section 5 of such Act (52 U.S.C. 10304) is 
     amended, in subsection (a), by inserting ``An exigency, 
     including a natural disaster, inclement weather, or other 
     unforeseeable event, requiring such different qualification, 
     prerequisite, standard, practice, or procedure within 30 days 
     of a Federal, State, or local election shall constitute good 
     cause requiring the Attorney General to expedite 
     consideration of the submission.'' after ``will not be 
     made.''.

     SEC. [_18]. SEVERABILITY.

        If any provision of the John R. Lewis Voting Rights 
     Advancement Act of 2024 or any amendment made by this 
     subtitle, or the application of such a provision or amendment 
     to any person or circumstance, is held to be unconstitutional 
     or is otherwise enjoined or unenforceable, the remainder of 
     this subtitle and amendments made by this subtitle, and the 
     application of the provisions and amendments to any other 
     person or circumstance, and any remaining provision of the 
     Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), shall 
     not be affected by the holding. In addition, if any provision 
     of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), 
     or any amendment to the Voting Rights Act of 1965, or the 
     application of such a provision or amendment to any person or 
     circumstance, is held to be unconstitutional or is otherwise 
     enjoined or unenforceable, the application of the provision 
     and amendment to any other person or circumstance, and any 
     remaining provisions of the Voting Rights Act of 1965, shall 
     not be affected by the holding.

     SEC. [_19]. GRANTS TO ASSIST WITH NOTICE REQUIREMENTS UNDER 
                   THE VOTING RIGHTS ACT OF 1965.

       (a) In General.--The Attorney General shall make grants 
     each fiscal year to small jurisdictions who submit 
     applications under subsection (b) for purposes of assisting 
     such small jurisdictions with compliance with the 
     requirements of the Voting Rights Act of 1965 to submit or 
     publish notice of any change to a qualification, 
     prerequisite, standard, practice or procedure affecting 
     voting.
       (b) Application.--To be eligible for a grant under this 
     section, a small jurisdiction shall submit an application to 
     the Attorney General in such form and containing such 
     information as the Attorney General may require regarding the 
     compliance of such small jurisdiction with the provisions of 
     the Voting Rights Act of 1965.
       (c) Small Jurisdiction Defined.--For purposes of this 
     section, the term ``small jurisdiction'' means any political 
     subdivision of a State with a population of 10,000 or less.

        Subtitle B--Election Worker and Polling Place Protection

     SEC. [_21]. SHORT TITLE.

       This subtitle may be cited as the ``Election Worker and 
     Polling Place Protection Act''.

     SEC. [_22]. PROHIBITION ON INTERFERENCE AND INTIMIDATION.

       Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 
     10307) is amended by adding at the end the following:
       ``(f)(1)(A) Whoever, whether or not acting under color of 
     law, by force or threat of force, or by violence or threat of 
     violence to any person or property, willfully interferes with 
     or attempts to interfere with, the ability of any person or 
     any class of persons to vote or qualify to vote, or to 
     qualify or act as a poll watcher or as any legally authorized 
     election official, in any primary, special, or general 
     election, or any person who is, or is employed by, an agent, 
     contractor, or vendor of a legally authorized election 
     official assisting in the administration of any primary, 
     special, or general election to assist in that 
     administration, shall be fined not more than $2,500, or 
     imprisoned not more than 6 months, or both.
       ``(B) Whoever, whether or not acting under color of law, by 
     force or threat of force, or by violence or threat of 
     violence to any person or property, willfully intimidates or 
     attempts to intimidate, any person or any class of persons 
     seeking to vote or qualify to vote, or to qualify or act as a 
     poll watcher or as any legally authorized election official, 
     in any primary, special, or general election, or any person 
     who is, or is employed by, an agent, contractor, or vendor of 
     a legally authorized election official assisting in the 
     administration of any primary, special, or general election, 
     shall be fined not more than $2,500, or imprisoned not more 
     than 6 months, or both.
       ``(C) If bodily injury results from an act committed in 
     violation of this paragraph or if such act includes the use, 
     attempted use, or threatened use of a dangerous weapon, an 
     explosive, or fire, then, in lieu of the remedy described in 
     subparagraph (A) or (B), the violator shall be fined not more 
     than $5,000 or imprisoned not more than 1 year, or both.
       ``(2)(A) Whoever, whether or not acting under color of law, 
     willfully physically damages or threatens to physically 
     damage any physical property being used as a polling place or 
     tabulation center or other election infrastructure, with the 
     intent to interfere with the administration of a primary, 
     general, or special election or the tabulation or 
     certification of votes for such an election, shall be fined 
     not more than $2,500, or imprisoned not more than 6 months, 
     or both.
       ``(B) If bodily injury results from an act committed in 
     violation of this paragraph or if such act includes the use, 
     attempted use, or threatened use of a dangerous weapon, an 
     explosive, or fire, then, in lieu of the remedy described in 
     subparagraph (A), the violator shall be fined not more than 
     $5,000 or imprisoned not more than 1 year, or both.
       ``(3) For purposes of this subsection, de minimus damage or 
     a threat of de minimus damage to physical property shall not 
     be considered a violation of this subsection.
       ``(4) For purposes of this subsection, the term `election 
     infrastructure' means any office of a legally authorized 
     election official, or a staffer, worker, or volunteer, 
     assisting such an election official or any physical, 
     mechanical, or electrical device, structure, or tangible 
     item, used in the process of creating, distributing, voting, 
     returning, counting, tabulating, auditing, storing, or other 
     handling of voter registration or ballot information.
       ``(g) No prosecution of any offense described in subsection 
     (f) may be undertaken by the United States, except under the 
     certification in writing of the Attorney General, or a 
     designee, that--
       ``(1) the State does not have jurisdiction;
       ``(2) the State has requested that the Federal Government 
     assume jurisdiction; or
       ``(3) a prosecution by the United States is in the public 
     interest and necessary to secure substantial justice.''.
                                 ______
                                 
  SA 2135. Mr. DURBIN (for himself and Mr. Rounds) 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

[[Page S4389]]

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

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

     SEC. 324. CENTERS OF EXCELLENCE FOR ASSESSING PERFLUOROALKYL 
                   AND POLYFLUOROALKYL SUBSTANCES IN WATER SOURCES 
                   AND PERFLUOROALKYL AND POLYFLUOROALKYL 
                   SUBSTANCE REMEDIATION SOLUTIONS.

       (a) Purpose.--The purpose of this section is to dedicate 
     resources to advancing, and expanding access to, 
     perfluoroalkyl or polyfluoroalkyl substance detection and 
     remediation science, research, and technologies through the 
     establishment of Centers of Excellence for Assessing 
     Perfluoroalkyl and Polyfluoroalkyl Substances in Water 
     Sources and Perfluoroalkyl and Polyfluoroalkyl Substance 
     Remediation Solutions.
       (b) Establishment of Centers.--
       (1) In general.--The Administrator shall--
       (A) select from among the applications submitted under 
     paragraph (2)(A) an eligible research university, an eligible 
     rural university, and a National Laboratory applying jointly 
     for the establishment of centers, to be known as the 
     ``Centers of Excellence for Assessing Perfluoroalkyl and 
     Polyfluoroalkyl Substances in Water Sources and 
     Perfluoroalkyl and Polyfluoroalkyl Substance Remediation 
     Solutions'', which shall be a tri-institutional collaboration 
     between the eligible research university, eligible rural 
     university, and National Laboratory co-applicants (in this 
     section referred to as the ``Centers''); and
       (B) guide the eligible research university, eligible rural 
     university, and National Laboratory in the establishment of 
     the Centers.
       (2) Applications.--
       (A) In general.--An eligible research university, eligible 
     rural university, and National Laboratory desiring to 
     establish the Centers shall jointly submit to the 
     Administrator an application at such time, in such manner, 
     and containing such information as the Administrator may 
     require.
       (B) Criteria.--In evaluating applications submitted under 
     subparagraph (A), the Administrator shall only consider 
     applications that--
       (i) include evidence of an existing partnership between not 
     fewer than two of the co-applicants that is dedicated to 
     supporting and expanding shared scientific goals with a clear 
     pathway to collaborating on furthering science and research 
     relating to perfluoroalkyl or polyfluoroalkyl substances;
       (ii) demonstrate a history of collaboration between not 
     fewer than two of the co-applicants on the advancement of 
     shared research capabilities, including instrumentation and 
     research infrastructure relating to perfluoroalkyl or 
     polyfluoroalkyl substances;
       (iii) indicate that the co-applicants have the capacity to 
     expand education and research opportunities for undergraduate 
     and graduate students to prepare a generation of experts in 
     sciences relating to perfluoroalkyl or polyfluoroalkyl 
     substances;
       (iv) demonstrate that the National Laboratory co-applicant 
     is equipped to scale up newly discovered materials and 
     methods for perfluoroalkyl or polyfluoroalkyl substance 
     detection and perfluoroalkyl or polyfluoroalkyl substance 
     removal processes for low-risk, cost-effective, and validated 
     commercialization; and
       (v) identify one or more staff members of each co-applicant 
     who--

       (I) have expertise in sciences relevant to perfluoroalkyl 
     or polyfluoroalkyl substance detection and remediation; and
       (II) have been jointly selected, and will be jointly 
     appointed, by the co-applicants to lead and carry out the 
     purposes of the Centers.

       (3) Timing.--
       (A) In general.--Subject to subparagraph (B), the Centers 
     shall be established not later than one year after the date 
     of the enactment of this Act.
       (B) Delay.--If the Administrator determines that a delay in 
     the establishment of the Centers is necessary, the 
     Administrator--
       (i) not later than the date specified in subparagraph (A), 
     shall submit a notification to the appropriate committees of 
     Congress explaining the necessity of the delay; and
       (ii) shall ensure that the Centers are established not 
     later than three years after the date of the enactment of 
     this Act.
       (4) Coordination.--The Administrator shall carry out 
     paragraph (1) in coordination with other relevant officials 
     of the Federal Government as the Administrator determines 
     appropriate.
       (c) Duties and Capabilities of the Centers.--
       (1) In general.--The Centers shall develop and maintain--
       (A) capabilities for measuring perfluoroalkyl or 
     polyfluoroalkyl substance contamination in drinking water, 
     ground water, and any other relevant environmental, 
     municipal, industrial, or residential water samples using 
     methods certified by the Environmental Protection Agency; and
       (B) capabilities for--
       (i) evaluating emerging perfluoroalkyl or polyfluoroalkyl 
     substance removal and destruction technologies and methods; 
     and
       (ii) benchmarking those technologies and methods relative 
     to existing technologies and methods.
       (2) Requirements.--
       (A) In general.--In carrying out paragraph (1), the Centers 
     shall, at a minimum--
       (i) develop instruments and personnel capable of analyzing 
     perfluoroalkyl or polyfluoroalkyl substance contamination in 
     water using--

       (I) the method described by the Environmental Protection 
     Agency in the document entitled ``Method 533: Determination 
     of Per- and Polyfluoroalkyl Substances in Drinking Water by 
     Isotope Dilution Anion Exchange Solid Phase Extraction and 
     Liquid Chromatography/Tandem mass Spectrometry'' (commonly 
     known as ``EPA Method 533'');
       (II) the method described by the Environmental Protection 
     Agency in the document entitled ``Method 537.1: Determination 
     of Selected Per- and Polyfluorinated Alkyl Substances in 
     Drinking Water by Solid Phase Extraction and Liquid 
     Chromatography/Tandem Mass Spectrometry (LC/MS/MS)'' 
     (commonly known as ``EPA Method 537.1'');
       (III) any updated or future method developed by the 
     Environmental Protection Agency; and
       (IV) any other method the Administrator considers relevant;

       (ii) develop and maintain capabilities for evaluating the 
     removal of perfluoroalkyl or polyfluoroalkyl substances from 
     water using newly developed adsorbents or membranes;
       (iii) develop and maintain capabilities to evaluate the 
     degradation of perfluoroalkyl or polyfluoroalkyl substances 
     in water or other media;
       (iv) make the capabilities and instruments developed under 
     clauses (i) through (iii) available to researchers throughout 
     the regions in which the Centers are located; and
       (v) make reliable perfluoroalkyl or polyfluoroalkyl 
     substance measurement capabilities and instruments available 
     to municipalities and individuals in the regions in which the 
     Centers are located at reasonable cost.
       (B) Open-access research.--The Centers shall provide open 
     access to the research findings of the Centers.
       (d) Coordination With Other Federal Agencies.--The 
     Administrator may, as the Administrator determines to be 
     necessary, use staff and other resources from other Federal 
     agencies in carrying out this section.
       (e) Reports.--
       (1) Report on establishment of centers.--Not later than one 
     year after the date of the establishment of the Centers under 
     subsection (b), the Administrator, in coordination with the 
     Centers, shall submit to the appropriate committees of 
     Congress a report describing--
       (A) the establishment of the Centers; and
       (B) the activities of the Centers since the date on which 
     the Centers were established.
       (2) Annual reports.--Not later than one year after the date 
     on which the report under paragraph (1) is submitted, and 
     annually thereafter until the date on which the Centers are 
     terminated under subsection (f), the Administrator, in 
     coordination with the Centers, shall submit to the 
     appropriate committees of Congress a report describing--
       (A) the activities of the Centers during the year covered 
     by the report; and
       (B) any policy, research, or funding recommendations 
     relating to the purposes or activities of the Centers.
       (f) Termination.--
       (1) In general.--Subject to paragraph (2), the Centers 
     shall terminate on October 1, 2034.
       (2) Extension.--If the Administrator, in consultation with 
     the Centers, determines that the continued operation of the 
     Centers beyond the date described in paragraph (1) is 
     necessary to advance science and technologies to address 
     perfluoroalkyl or polyfluoroalkyl substance contamination--
       (A) the Administrator shall submit to the appropriate 
     committees of Congress--
       (i) a notification of that determination; and
       (ii) a description of the funding necessary for the Centers 
     to continue in operation and fulfill their purpose; and
       (B) subject to the availability of funds, may extend the 
     duration of the Centers for such time as the Administrator 
     determines to be appropriate.
       (g) Funding.--
       (1) In general.--Of the amounts authorized to be 
     appropriated to the Department of Defense for fiscal year 
     2025 for the Strategic Environmental Research and Development 
     Program and the Environmental Security Technology 
     Certification Program of the Department of Defense, 
     $25,000,000 shall be made available to the Administrator to 
     carry out this section.
       (2) Availability of amounts.--Amounts made available under 
     paragraph (1) shall remain available to the Administrator for 
     the purposes specified in that paragraph until September 30, 
     2033.
       (3) Administrative costs.--Not more than four percent of 
     the amounts made available to the Administrator under 
     paragraph (1) shall be used for the administrative costs of 
     carrying out this section.
       (h) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term the 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Environment and Public Works of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Energy and Commerce of the House of Representatives.

[[Page S4390]]

       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) Eligible research university.--The term ``eligible 
     research university'' means an institution of higher 
     education that--
       (A) has annual research expenditures of not less than 
     $750,000,000; and
       (B) is located near a population center of not fewer than 
     5,000,000 individuals.
       (4) Eligible rural university.--The term ``eligible rural 
     university'' means an institution of higher education that 
     is--
       (A) located in one of the five States with the lowest 
     population density as determined by data from the most recent 
     census;
       (B) a member of the National Security Innovation Network in 
     the Rocky Mountain Region; and
       (C) in proximity to the geographic center of the United 
     States, as determined by the Administrator.
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (6) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (7) Perfluoroalkyl or polyfluoroalkyl substance.--The term 
     ``perfluoroalkyl or polyfluoroalkyl substance'' means a 
     substance that is a perfluoroalkyl substance or a 
     polyfluoroalkyl substance (as those terms are defined in 
     section 7331(2)(B) of the PFAS Act of 2019 (15 U.S.C. 
     8931(2)(B))), including a mixture of those substances.
                                 ______
                                 
  SA 2136. Mr. REED (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 subtitle H of title X, add the following:

     SEC. 1095. EMERGENCY RELIEF.

       Notwithstanding subsections (a), (b), and (d)(1)(A) of 
     section 125 of title 23, United States Code, the Secretary of 
     Transportation is authorized to expend funds under that 
     section for the repair and reconstruction of the westbound 
     Washington Bridge, Interstate Route 195, located in 
     Providence, Rhode Island, in order to fully reopen all lanes 
     to traffic after the closure of that bridge that began on 
     December 11, 2023.
                                 ______
                                 
  SA 2137. Mrs. GILLIBRAND (for herself and Ms. Lummis) 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. _____. CRYPTO ASSETS.

       (a) Crypto Asset Anti-money Laundering Examination 
     Standards.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Conference of State Bank Supervisors 
     and Federal functional regulators, as defined in section 
     1010.100 of title 31, Code of Federal Regulations, shall 
     establish a risk-focused examination and review process for 
     financial institutions, as defined in that section, to assess 
     the following relating to crypto assets, as determined by the 
     Secretary:
       (1) The adequacy of reporting obligations and anti-money 
     laundering programs under subsections (g) and (h) of section 
     5318 of title 31, United States Code, respectively as applied 
     to those institutions.
       (2) Compliance of those institutions with anti-money 
     laundering and countering the financing of terrorism 
     requirements under subchapter II of chapter 53 of title 31, 
     United States Code.
       (b) Combating Anonymous Crypto Asset Transactions.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Secretary of the Treasury shall submit a report and 
     provide a briefing, as determined by the Secretary, to the 
     Committee on Banking, Housing and Urban Affairs of the Senate 
     and the Committee on Financial Services of the House of 
     Representatives that assess the following issues:
       (1) Categories of anonymity-enhancing technologies or 
     services used in connection with crypto assets, such as 
     mixers and tumblers, in use as of the date on which the 
     report is submitted.
       (2) As data are available, estimates of the magnitude of 
     transactions related to the categories in paragraph (1) that 
     are believed to be connected, directly or indirectly, to 
     illicit finance, including crypto asset transaction volumes 
     associated with sanctioned entities and entities subject to 
     special measures pursuant to section 5318A of title 31, 
     United States Code, and a description of any limitations 
     applicable to the data used in such estimates.
       (3) Categories of privacy-enhancing technologies or 
     services used in connection with crypto assets in use as of 
     the date on which the report is submitted.
       (4) Legislative and regulatory approaches employed by other 
     jurisdictions relating to the technologies and services 
     described in paragraphs (1) and (3).
       (5) Recommendations for legislation or regulation relating 
     to the technologies and services described in paragraphs (1) 
     and (3).
                                 ______
                                 
  SA 2138. Mr. COONS (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 end of subtitle H of title X, add the following:

     SEC. _____. ELIMINATING AGE REQUIREMENT FOR EXPUNGEMENT OF 
                   CERTAIN RECORDS OF DISPOSITION FOR SIMPLE 
                   POSSESSION OF CONTROLLED SUBSTANCES BY 
                   NONVIOLENT OFFENDERS.

       Section 3607(c) of title 18, United States Code, is amended 
     by striking ``and the person was less than twenty-one years 
     old at the time of the offense,''.
                                 ______
                                 
  SA 2139. Mrs. MURRAY (for herself, Mr. Tuberville, Mr. Lujan, and Mr. 
Romney) 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. REAUTHORIZATION OF POISON CONTROL PROGRAMS.

       (a) National Toll-Free Number and Other Communication 
     Capabilities.--Section 1271(c) of the Public Health Service 
     Act (42 U.S.C. 300d-71(c)) is amended by striking ``fiscal 
     years 2020 through 2024'' and inserting ``fiscal years 2025 
     through 2029''.
       (b) Promoting Poison Control Center Utilization.--Section 
     1272(c) of the Public Health Service Act (42 U.S.C. 300d-
     72(c)) is amended by striking ``fiscal years 2020 through 
     2024'' and inserting ``fiscal years 2025 through 2029''.
       (c) Poison Control Center Grant Program.--Section 1273(g) 
     of the Public Health Service Act (42 U.S.C. 300d-73(g)) is 
     amended by striking ``fiscal years 2020 through 2024'' and 
     inserting ``fiscal years 2025 through 2029''.
                                 ______
                                 
  SA 2140. Mr. LUJAN (for himself, Mr. Romney, and Mr. Heinrich) 
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--NAVAJO-GALLUP WATER SUPPLY PROJECT AMENDMENTS ACT OF 2024

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Navajo-Gallup Water 
     Supply Project Amendments Act of 2024''.

     SEC. 5002. DEFINITIONS.

       Section 10302 of the Northwestern New Mexico Rural Water 
     Projects Act (43 U.S.C. 407 note; Public Law 111-11) is 
     amended--
       (1) by striking paragraph (29);
       (2) by redesignating paragraphs (12), (13), (14), (15), 
     (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), 
     (26), (27), (28), and (30) as paragraphs (13), (14), (15), 
     (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), 
     (27), (28), (30), (31), and (32), respectively;
       (3) by inserting after paragraph (11) the following:
       ``(12) Deferred construction fund.--The term `Deferred 
     Construction Fund' means the Navajo Nation's Navajo-Gallup 
     Water Supply Project Deferred Construction Fund established 
     by section 10602(i)(1)(A).'';
       (4) in paragraph (14) (as so redesignated)--
       (A) in the paragraph heading, by striking ``Draft'' and 
     inserting ``Final environmental'';
       (B) by striking ``Draft Impact'' and inserting ``Final 
     Environmental'';
       (C) by striking ``draft environmental'' and inserting 
     ``final environmental''; and
       (D) by striking ``March 2007'' and inserting ``July 6, 
     2009'';
       (5) in paragraph (19) (as so redesignated), by striking 
     ``Draft'' and inserting ``Final Environmental'';

[[Page S4391]]

       (6) by inserting after paragraph (25) (as so redesignated) 
     the following:
       ``(26) Project service area.--The term `Project Service 
     Area' means the area that encompasses the 43 Nation chapters, 
     the southwest portion of the Jicarilla Apache Reservation, 
     and the City that is identified to be served by the Project, 
     as illustrated in figure IV-5 (Drawing No. 1695-406-49) of 
     the Final Environmental Impact Statement.'';
       (7) by inserting after paragraph (28) (as so redesignated) 
     the following:
       ``(29) Settlement trust funds.--The term `Settlement Trust 
     Funds' means--
       ``(A) the Navajo Nation Water Resources Development Trust 
     Fund established by subsection (a)(1) of section 10702;
       ``(B) the Navajo Nation Operations, Maintenance, and 
     Replacement Trust Fund established under subsection (b)(1) of 
     that section; and
       ``(C) the Jicarilla Apache Nation Operations, Maintenance, 
     and Replacement Trust Fund established under subsection 
     (c)(2) of that section.''; and
       (8) by adding at the end the following:
       ``(33) Working cost estimate.--The term `Working Cost 
     Estimate' means the Bureau of Reclamation document entitled 
     `NGWSP October 2022 WCE' and dated February 26, 2023, that 
     details the costs totaling $2,138,387,000, at the October 
     2022 price level, of the Project, as configured on that 
     date.''.

     SEC. 5003. NAVAJO-GALLUP WATER SUPPLY PROJECT.

       (a) Authorization of Navajo-Gallup Water Supply Project.--
     Section 10602 of the Northwestern New Mexico Rural Water 
     Projects Act (Public Law 111-11; 123 Stat. 1379) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``In General'' 
     and inserting ``Authorization'';
       (B) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'';
       (C) in paragraph (1) (as so designated), by striking 
     ``Draft Impact Statement'' and inserting ``Final 
     Environmental Impact Statement, as further refined in, and 
     including the facilities identified in, the Working Cost 
     Estimate and any subsequent supplemental documents prepared 
     in accordance with the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).''; and
       (D) by adding at the end the following:
       ``(2) Additional service areas.--
       ``(A) Findings.--Congress finds that--
       ``(i) expanding the Project Service Area would create 
     opportunities to increase service for additional Nation 
     Tribal members and would not increase the cost of the Project 
     beyond authorization levels described in section 10609(a); 
     and
       ``(ii) the unit operations and maintenance costs of the 
     Project would be reduced by adding more customers to the 
     Project.
       ``(B) Authorizations for additional project service 
     areas.--
       ``(i) New mexico.--In addition to delivering water supply 
     from the Project to the Nation communities in the San Juan 
     River Basin, the Nation may expand the Project Service Area 
     in order to deliver water supply from the Project to 
     communities of the Nation within the Rio San Jose Basin, New 
     Mexico.
       ``(ii) Arizona.--In addition to delivering water supply 
     from the Project to the Nation communities of Fort Defiance 
     and Window Rock, Arizona, and subject to section 10603(c)(1), 
     the Nation may expand the Project Service Area in order to 
     deliver water supply from the Project to the Nation community 
     of Lupton, Arizona, within the Little Colorado River Basin, 
     Arizona.'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1)--
       (i) by inserting ``acquire,'' before ``construct,''; and
       (ii) by striking ``Draft Impact Statement'' and inserting 
     ``Final Environmental Impact Statement, as further refined 
     in, and including the facilities identified in, the Working 
     Cost Estimate and any subsequent supplemental documents 
     prepared in accordance with the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.)'';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) The water conveyance and storage facilities 
     associated with the San Juan Generating Station (the coal-
     fired, 4-unit electric power plant and ancillary features 
     located by the San Juan Mine near Waterflow, New Mexico), 
     including the diversion dam, the intake structure, the river 
     pumping plant, the pipeline from the river to the reservoir, 
     the dam and associated reservoir, and any associated land, or 
     interest in land, or ancillary features.'';
       (C) in paragraph (2)(A)--
       (i) by striking ``River near Kirtland, New Mexico,'' and 
     inserting ``Generating Station Reservoir''; and
       (ii) by inserting ``generally'' before ``follows United 
     States Highway 491'';
       (D) in paragraph (3)(A), by inserting ``generally'' before 
     ``follows United States Highway 550''; and
       (E) in paragraph (5), by inserting ``(including any 
     reservoir facility)'' after ``treatment facility'';
       (3) in subsection (c)--
       (A) in the subsection heading, by inserting ``and 
     Facilities'' after ``Land'';
       (B) in paragraph (1), by striking ``any land or interest in 
     land that is'' and inserting ``any land or facilities, or 
     interest in land or facilities, that are''; and
       (C) by adding at the end the following:
       ``(4) Land to be taken into trust.--
       ``(A) In general.--On satisfaction of the conditions 
     described in paragraph (7) of the Agreement and after the 
     requirements of sections 10701(e) and 10703 are met, the 
     Secretary shall take legal title to the following land and, 
     subject to subparagraph (D), hold that land in trust for the 
     benefit of the Nation:
       ``(i) Fee land of the Nation, including--

       ``(I) the parcels of land on which the Tohlakai Pumping 
     Plant, Reach 12A and Reach 12B, are located, including, in 
     McKinley County, New Mexico--

       ``(aa) sec. 5, T. 16 N., R. 18 W., New Mexico Prime 
     Meridian; and
       ``(bb) sec. 33, T. 17 N., R. 17 W., New Mexico Prime 
     Meridian (except lot 9 and the NW\1/4\ of lot 4);

       ``(II) the parcel of land on which Reach 12.1 is located, 
     including--

       ``(aa) NW\1/4\ and SW\1/4\ sec. 5, T. 16 N., R. 18 W.;
       ``(bb) N\1/2\ sec. 11, T. 16 N., R. 19 W.; and
       ``(cc) sec. 12, T. 16 N., R. 20 W.; and

       ``(III) the parcel of land on which Reach 12.2 is located, 
     including NW\1/4\. sec. 2, T. 16 N., R. 21 W.

       ``(ii) Public domain land managed by the Bureau of Land 
     Management, including--

       ``(I) the parcel of land on which the Cutter Lateral Water 
     Treatment Plant is located, including S\1/2\ sec. 9, T. 25 
     N., R. 9 W., New Mexico Prime Meridian; and
       ``(II) the parcel of land on which the Navajo Agricultural 
     Products Industry turnout is located, including NW\1/4\ and 
     NE\1/4\ sec. 34, T. 26 N., R. 9 W., New Mexico Prime 
     Meridian.

       ``(iii) The land underlying the San Juan Generating Station 
     (the coal-fired, 4-unit electric power plant and ancillary 
     features located by the San Juan Mine near Waterflow, New 
     Mexico) acquired by the United States, as described in 
     subsection (b)(1).
       ``(B) Part of navajo nation.--The land taken into trust 
     under subparagraph (A) shall be part of the Navajo 
     Reservation and administered in accordance with the laws and 
     regulations generally applicable to land held in trust by the 
     United States for the benefit of an Indian Tribe.
       ``(C) Restrictions.--
       ``(i) Fee land of the nation.--The fee land of the Nation 
     taken into trust under subparagraph (A)(i) shall be subject 
     to valid existing rights, contracts, and management 
     agreements, including easements and rights-of-way, unless the 
     holder of the right, contract, lease, permit, or right-of-way 
     requests an earlier termination in accordance with existing 
     law.
       ``(ii) Public domain land.--

       ``(I) In general.--The public domain land managed by the 
     Bureau of Land Management taken into trust under subparagraph 
     (A)(ii) shall be subject to valid existing rights, contracts, 
     leases, permits, and rights-of-way, unless the holder of the 
     right, contract, lease, permit, or right-of-way requests an 
     earlier termination in accordance with existing law.
       ``(II) BIA assumption of benefits and obligations.--The 
     Bureau of Indian Affairs shall--

       ``(aa) assume all benefits and obligations of the previous 
     land management agency under the existing rights, contracts, 
     leases, permits, or rights-of-way described in subclause (I); 
     and
       ``(bb) disburse to the Nation any amounts that accrue to 
     the United States from those rights, contracts, leases, 
     permits, or rights-of-ways after the date on which the land 
     described in clause (ii) of subparagraph (A) is taken into 
     trust for the benefit of the Nation from any sale, bonus, 
     royalty, or rental relating to that land in the same manner 
     as amounts received from other land held by the Secretary in 
     trust for the Nation.
       ``(iii) Land underlying the san juan generating station.--

       ``(I) In general.--The land underlying the San Juan 
     Generating Station (the coal-fired, 4-unit electric power 
     plant and ancillary features located by the San Juan Mine 
     near Waterflow, New Mexico) taken into trust under 
     subparagraph (A)(iii) shall be subject to a perpetual 
     easement on and over all of the land underlying the San Juan 
     Generating Station reserved to the United States for use by 
     the Bureau of Reclamation and its contractors and assigns--

       ``(aa) for ingress and egress;
       ``(bb) to continue construction of the Project; and
       ``(cc) for operation and maintenance of Project facilities 
     located on that land.

       ``(II) Reserved perpetual easement.--The reserved perpetual 
     easement described in subclause (I) shall remain vested in 
     the United States unless title to the Project facilities and 
     appropriate interests in land are conveyed pursuant to 
     subsection (f).
       ``(III) Reserved federal facilities.--The United States 
     shall retain ownership of the San Juan Generating Station 
     (the coal-fired, 4-unit electric power plant and ancillary 
     features located by the San Juan Mine near Waterflow, New 
     Mexico) water conveyance and storage facilities when the 
     underlying land is taken into trust under subparagraph 
     (A)(iii) and title to those facilities shall remain vested in 
     the United States unless title to those facilities are 
     conveyed pursuant to subsection (f).

       ``(D) Savings clause.--Nothing in this paragraph affects 
     any--
       ``(i) water right of the Nation in existence on the day 
     before the date of enactment of the Navajo-Gallup Water 
     Supply Project Amendments Act of 2024; and

[[Page S4392]]

       ``(ii) right or claim of the Nation to any land or interest 
     in land in existence on the day before the date of enactment 
     of the Navajo-Gallup Water Supply Project Amendments Act of 
     2024.'';
       (4) in subsection (d)(1)(D), by striking ``Draft'' and 
     inserting ``Final Environmental'';
       (5) in subsection (e)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Renewable energy and hydroelectric power.--
       ``(A) Renewable energy.--For any portion of the Project 
     that does not have access to Colorado River Storage Project 
     power, the Secretary may use not more than $6,250,000 of the 
     amounts made available under section 10609(a)(1) to develop 
     renewable energy.
       ``(B) Hydroelectric power.--Notwithstanding whether a 
     Project facility has access to Colorado River Storage Project 
     power, the Secretary may use not more than $1,250,000 of the 
     $6,250,000 authorized to be used to develop renewable energy 
     under subparagraph (A) to develop hydroelectric power for any 
     Project facility that can use hydraulic head to produce 
     electricity.'';
       (6) in subsection (h)(1), in the matter preceding 
     subparagraph (A), by inserting ``, store,'' after ``treat''; 
     and
       (7) by adding at the end the following:
       ``(i) Deferred Construction of Project Facilities.--
       ``(1) Deferred construction of project facilities.--On 
     mutual agreement between the Nation and the Secretary, and 
     the Jicarilla Apache Nation if the deferred Project 
     facilities benefit the Jicarilla Apache Nation, construction 
     of selected Project facilities may be deferred to save 
     operation and maintenance expenses associated with that 
     construction.
       ``(2) Deferred construction fund.--
       ``(A) Establishment.--There is established in the Treasury 
     a fund, to be known as the `Navajo Nation's Navajo-Gallup 
     Water Supply Project Deferred Construction Fund', to consist 
     of--
       ``(i) amounts that correspond to portions of the Project 
     that have been deferred under paragraph (1); and
       ``(ii) any interest or other gains on amounts referred to 
     in clause (i).
       ``(B) Use of the deferred construction fund.--The Nation 
     may use amounts in the Deferred Construction Fund--
       ``(i) to construct Project facilities that have been 
     deferred under paragraph (1); or
       ``(ii) to construct alternate facilities agreed on under 
     subparagraph (C).
       ``(C) Alternate facilities consistent with the purpose of 
     the project.--On agreement between the Nation and the 
     Secretary, and the Jicarilla Apache Nation if the deferred 
     Project facilities benefit the Jicarilla Apache Nation, and 
     in compliance with all applicable environmental and cultural 
     resource protection laws, facilities other than those 
     previously agreed to be deferred under paragraph (1) may be 
     constructed if those alternate facilities are consistent with 
     the purposes of the Project described in section 10601.
       ``(3) Amounts to be deposited.--Funds allocated from the 
     amounts made available under section 10609(a)(1) to build 
     facilities referred to in paragraph (1) shall be deposited 
     into the Deferred Construction Fund.
       ``(4) Adjustments.--On deposit of amounts into the Deferred 
     Construction Fund under paragraph (3), the adjustments to 
     authorized appropriations under section 10609(a)(2) shall no 
     longer apply to those amounts.
       ``(5) Deadline to construct project facilities.--On deposit 
     of all amounts into the Deferred Construction Fund for 
     construction of Project facilities agreed on under paragraph 
     (1), the Secretary shall be deemed to have met the obligation 
     under section 10701(e)(1)(A)(ix).
       ``(6) Future construction of project facilities.--On 
     agreement between the Nation and the Secretary, and the 
     Jicarilla Apache Nation if the deferred Project facilities 
     benefit the Jicarilla Apache Nation, the Nation shall use 
     amounts deposited into the Deferred Construction Fund to 
     construct--
       ``(A) Project facilities deferred under paragraph (1); or
       ``(B) alternate Project facilities described in paragraph 
     (2)(C).''.
       (b) Delivery and Use of Navajo-Gallup Water Supply Project 
     Water.--Section 10603 of the Northwestern New Mexico Rural 
     Water Projects Act (Public Law 111-11; 123 Stat. 1382) is 
     amended--
       (1) in subsection (a)(3)(B)--
       (A) in clause (i), by inserting ``or, if generated on City-
     owned facilities, by the City'' after ``the Nation''; and
       (B) in clause (ii), by inserting ``, except that the City 
     shall retain all revenue from the sale of hydroelectric power 
     that is generated on City-owned facilities'' after 
     ``hydroelectric power''; and
       (2) in subsection (g)(2), by striking ``, except as 
     provided in section 10604(f)''.
       (c) Project Contracts.--Section 10604 of the Northwestern 
     New Mexico Rural Water Projects Act (Public Law 111-11; 123 
     Stat. 1388) is amended--
       (1) in subsection (a)(4), by striking ``Subject to 
     subsection (f), the'' and inserting ``The'';
       (2) in subsection (b)(3)--
       (A) in subparagraph (A), by striking ``subparagraph (B)'' 
     and inserting ``subparagraphs (B) and (C)'';
       (B) in subparagraph (B)--
       (i) in the subparagraph heading, by striking ``Minimum 
     percentage'' and inserting ``Maximum percentage'';
       (ii) by striking ``at least 25 percent'' and inserting 
     ``not more than 25 percent''; and
       (iii) by striking ``, but shall in no event exceed 35 
     percent''; and
       (C) by adding at the end the following:
       ``(C) Maximum repayment obligation.--The repayment 
     obligation of the City referred to in subparagraphs (A) and 
     (B) shall not exceed $76,000,000.'';
       (3) in subsection (c)(1)(B), by inserting ``subsection (f) 
     and'' before ``section 10603(g)'';
       (4) in subsection (d)(1), by striking ``Draft'' and 
     inserting ``Final Environmental'';
       (5) in subsection (e), by striking ``Draft'' and inserting 
     ``Final Environmental'';
       (6) by striking subsection (f); and
       (7) by redesignating subsection (g) as subsection (f).
       (d) Authorization of Appropriations.--Section 10609 of the 
     Northwestern New Mexico Rural Water Projects Act (Public Law 
     111-11; 123 Stat. 1395; 129 Stat. 528) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``$870,000,000 for the 
     period of fiscal years 2009 through 2024'' and inserting 
     ``$2,175,000,000 for the period of fiscal years 2009 through 
     2029'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Adjustments.--
       ``(A) In general.--The amount under paragraph (1) shall be 
     adjusted by such amounts as may be required--
       ``(i) by reason of changes since October 2022 in 
     construction cost changes in applicable regulatory standards, 
     as indicated by engineering cost indices applicable to the 
     types of construction involved; and
       ``(ii) to address construction cost changes necessary to 
     account for unforeseen market volatility that may not 
     otherwise be captured by engineering cost indices described 
     in clause (i), as determined by the Secretary, including 
     repricing applicable to the types of construction and current 
     industry standards involved.
       ``(B) Deferred construction fund.--Amounts deposited in the 
     Deferred Construction Fund shall not be adjusted pursuant to 
     this paragraph.''; and
       (C) in paragraph (4)(B), by striking ``10 years'' and 
     inserting ``15 years''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``$30,000,000, as 
     adjusted under paragraph (3), for the period of fiscal years 
     2009 through 2019'' and inserting ``$37,500,000, as adjusted 
     under paragraph (3), for the period of fiscal years 2009 
     through 2032'';
       (B) in paragraph (2), by striking ``2024'' and inserting 
     ``2032''; and
       (C) in paragraph (3), by striking ``The amount under 
     paragraph (1)'' and inserting ``The amount under paragraphs 
     (1) and (2)''.
       (e) Taxation of Construction, Operation, and Maintenance of 
     Project Facilities.--Part III of the Northwestern New Mexico 
     Rural Water Projects Act (Public Law 111-11; 123 Stat. 1379) 
     is amended by adding at the end the following:

     ``SEC. 10610. TAXATION OF CONSTRUCTION, OPERATION, AND 
                   MAINTENANCE OF PROJECT FACILITIES.

       ``(a) Nation Land.--Any activity constituting the 
     construction, operation, or maintenance of Project 
     facilities--
       ``(1) shall, if the activity takes place on land that is 
     held in trust by the United States for the benefit of the 
     Nation, be subject to taxation by the Nation; and
       ``(2) shall not be subject to any fee, tax, assessment, 
     levy, or other charge imposed by any State or political 
     subdivision of a State.
       ``(b) Other Land.--Any activity constituting the 
     construction, operation, or maintenance of Project 
     facilities--
       ``(1) shall, if the activity takes place on land other than 
     the land described in subsection (a)(1), be subject to 
     taxation by the State in which the land is located, or by a 
     political subdivision of that State to the extent authorized 
     by the laws of that State; and
       ``(2) shall not be subject to any fee, tax, assessment, 
     levy, or other charge imposed by the Nation.''.

     SEC. 5004. NAVAJO NATION WATER RIGHTS.

       (a) Agreement.--Section 10701(e) of the Northwestern New 
     Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat. 
     1400; 129 Stat. 528) is amended--
       (1) in paragraph (1)(A)--
       (A) by striking clause (vii) and inserting the following:
       ``(vii) Navajo nation water resources development trust 
     fund.--Not later than December 31, 2019, the United States 
     shall make all deposits into the Navajo Nation Water 
     Resources Development Trust Fund established by section 
     10702(a)(1).'';
       (B) in clause (viii), by striking ``2019'' and inserting 
     ``2032'';
       (C) in clause (ix), by striking ``2024'' and inserting 
     ``2029''; and
       (D) by adding at the end the following:
       ``(x) Deferred construction fund.--

       ``(I) In general.--Not later than December 31, 2029, the 
     United States shall make all deposits into the Deferred 
     Construction Fund in accordance with section 10602(i)(3).
       ``(II) Project deadline.--On deposit of the amounts into 
     the Deferred Construction Fund under subclause (I), even if 
     certain Project facilities have not yet been constructed, the 
     Secretary shall be deemed to

[[Page S4393]]

     have met the deadline described in clause (ix).''; and

       (2) in paragraph (2)(B)--
       (A) in clause (i), by striking ``Trust Fund'' and inserting 
     ``Settlement Trust Funds''; and
       (B) in clause (ii), by striking ``Trust Fund'' and 
     inserting ``Settlement Trust Funds''.
       (b) Settlement Trust Funds.--Section 10702 of the 
     Northwestern New Mexico Rural Water Projects Act (Public Law 
     111-11; 123 Stat. 1402) is amended to read as follows:

     ``SEC. 10702. SETTLEMENT TRUST FUNDS.

       ``(a) Navajo Nation Water Resources Development Trust 
     Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     a fund, to be known as the `Navajo Nation Water Resources 
     Development Trust Fund', consisting of--
       ``(A) such amounts as are appropriated to the Navajo Nation 
     Water Resources Development Trust Fund under paragraph (5); 
     and
       ``(B) any interest earned on investment of amounts in the 
     Navajo Nation Water Resources Development Trust Fund under 
     paragraph (3).
       ``(2) Use of funds.--The Nation may use amounts in the 
     Navajo Nation Water Resources Development Trust Fund--
       ``(A) to investigate, construct, operate, maintain, or 
     replace water project facilities, including facilities 
     conveyed to the Nation under this subtitle and facilities 
     owned by the United States for which the Nation is 
     responsible for operation, maintenance, and replacement 
     costs; and
       ``(B) to investigate, implement, or improve a water 
     conservation measure (including a metering or monitoring 
     activity) necessary for the Nation to make use of a water 
     right of the Nation under the Agreement.
       ``(3) Investment.--Beginning on October 1, 2019, the 
     Secretary shall invest amounts in the Navajo Nation Water 
     Resources Development Trust Fund in accordance with 
     subsection (e).
       ``(4) Investment earnings.--Any investment earnings, 
     including interest, credited to amounts held in the Navajo 
     Nation Water Resources Development Trust Fund are authorized 
     to be used in accordance with paragraph (2).
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated for deposit in the Navajo 
     Nation Water Resources Development Trust Fund--
       ``(A) $6,000,000 for each of fiscal years 2010 through 
     2014; and
       ``(B) $4,000,000 for each of fiscal years 2015 through 
     2019.
       ``(6) Availability.--Any amount authorized to be 
     appropriated to the Navajo Nation Water Resources Development 
     Trust Fund under paragraph (5) shall not be available for 
     expenditure or withdrawal--
       ``(A) before December 31, 2019; and
       ``(B) until the date on which the court in the stream 
     adjudication has entered--
       ``(i) the Partial Final Decree; and
       ``(ii) the Supplemental Partial Final Decree.
       ``(7) Management.--The Secretary shall manage the Navajo 
     Nation Water Resources Development Trust Fund in accordance 
     with subsection (d).
       ``(8) Conditions for expenditure and withdrawal.--After the 
     funds become available pursuant to paragraph (6), all 
     expenditures and withdrawals by the Nation of funds in the 
     Navajo Nation Water Resources Development Trust Fund must 
     comply with the requirements of subsection (f).
       ``(b) Navajo Nation Operations, Maintenance, and 
     Replacement Trust Fund.--
       ``(1) Establishment.--The Secretary shall establish a trust 
     fund to be known as the `Navajo Nation Operations, 
     Maintenance, and Replacement Trust Fund' for the purposes set 
     forth in paragraph (2), to be managed, invested, and 
     distributed by the Secretary, and to remain available until 
     expended, withdrawn, or reverted to the general fund of the 
     Treasury, consisting of the amounts deposited in the trust 
     fund under paragraph (3), together with any interests earned 
     on those amounts under paragraph (4).
       ``(2) Use of funds.--The Nation may use amounts in the 
     Navajo Nation Operations, Maintenance, and Replacement Trust 
     Fund to pay operation, maintenance, and replacement costs of 
     the Project allocable to the Nation under section 10604.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated for deposit in the Navajo 
     Nation Operations, Maintenance, and Replacement Trust Fund 
     $250,000,000.
       ``(4) Investment.--Upon deposit of funding into the Navajo 
     Nation Operations, Maintenance, and Replacement Trust Fund 
     pursuant to paragraph (3), the Secretary shall invest amounts 
     deposited in accordance with subsection (e).
       ``(5) Investment earnings.--Any investment earnings, 
     including interest, credited to amounts held in the Navajo 
     Nation Operations, Maintenance, and Replacement Trust Fund 
     are authorized to be used in accordance with paragraph (2).
       ``(6) Availability.--Any amount authorized to be 
     appropriated to the Navajo Nation Operations, Maintenance, 
     and Replacement Trust Fund under paragraph (3) shall not be 
     available for expenditure or withdrawal until the Nation is 
     responsible for payment of operation, maintenance, and 
     replacement costs as set forth in section 10603(g).
       ``(7) Fluctuation in costs.--
       ``(A) In general.--The amounts authorized to be 
     appropriated under paragraph (3) shall be increased or 
     decreased, as appropriate, by such amounts as may be 
     justified by reason of ordinary fluctuations in costs 
     occurring after October 2022 as indicated by the Bureau of 
     Reclamation Operation and Maintenance Cost Index.
       ``(B) Repetition.--The adjustment process under this 
     subparagraph shall be repeated for each subsequent amount 
     appropriated until the amount authorized, as adjusted, has 
     been appropriated.
       ``(C) Period of indexing.--The period of indexing 
     adjustment under this subparagraph for any increment of 
     funding shall end on the date on which the funds are 
     deposited into the Navajo Nation Operations, Maintenance, and 
     Replacement Trust Fund.
       ``(8) Management.--The Secretary shall manage the Navajo 
     Nation Operations, Maintenance, and Replacement Trust Fund in 
     accordance with subsection (d).
       ``(9) Conditions for expenditure and withdrawal.--All 
     expenditures and withdrawals by the Nation of funds in the 
     Navajo Nation Operations, Maintenance, and Replacement Trust 
     Fund must comply with the requirements of subsection (f).
       ``(c) Jicarilla Apache Nation Operations, Maintenance, and 
     Replacement Trust Fund.--
       ``(1) Prerequisite to establishment.--Prior to 
     establishment of the trust fund under paragraph (2), the 
     Secretary shall conduct an Ability to Pay study to determine 
     what operation, maintenance, and replacement costs of that 
     section of the Project serving the Jicarilla Apache Nation 
     are in excess of the ability of the Jicarilla Apache Nation 
     to pay.
       ``(2) Establishment.--Upon completion of the Ability to Pay 
     study as set forth in paragraph (1), the Secretary shall 
     establish a trust fund to be known as the `Jicarilla Apache 
     Nation Operations, Maintenance, and Replacement Trust Fund' 
     for the purposes set forth in paragraph (3), to be managed, 
     invested, and distributed by the Secretary and to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury, consisting of the amounts 
     deposited in the trust fund under paragraph (4), together 
     with any interests earned on those amounts under paragraph 
     (5).
       ``(3) Use of funds.--The Jicarilla Apache Nation may use 
     amounts in the Jicarilla Apache Nation Operations, 
     Maintenance, and Replacement Trust Fund to pay operation, 
     maintenance, and replacement costs of the Project allocable 
     to the Jicarilla Nation under section 10604.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated for deposit in the Jicarilla 
     Apache Nation Operations, Maintenance, and Replacement Trust 
     Fund the amounts the Secretary has determined are in excess 
     of the ability of the Jicarilla Apache Nation to pay in the 
     Ability to Pay study required under paragraph (1) up to a 
     maximum of $10,000,000.
       ``(5) Investment.--Upon deposit of funding into the 
     Jicarilla Apache Nation Operations, Maintenance, and 
     Replacement Trust Fund pursuant to paragraph (4), the 
     Secretary shall invest amounts in the fund in accordance with 
     subsection (e).
       ``(6) Investment earnings.--Any investment earnings , 
     including interest, credited to amounts held in the Jicarilla 
     Apache Nation Operations, Maintenance, and Replacement Trust 
     Fund are authorized to be used in accordance with paragraph 
     (3).
       ``(7) Availability.--Any amount authorized to be 
     appropriated to the Jicarilla Apache Nation Operations, 
     Maintenance, and Replacement Trust Fund under paragraph (4) 
     shall not be available for expenditure or withdrawal until 
     the Jicarilla Apache Nation is responsible for payment of 
     operation, maintenance, and replacement costs as set forth in 
     section 10603(g).
       ``(8) Fluctuation in costs.--
       ``(A) In general.--The amounts authorized to be 
     appropriated under paragraph (4) shall be increased or 
     decreased, as appropriate, by such amounts as may be 
     justified by reason of ordinary fluctuations in costs 
     occurring after October 2022 as indicated by the Bureau of 
     Reclamation Operation and Maintenance Cost Index.
       ``(B) Repetition.--The adjustment process under this 
     subparagraph shall be repeated for each subsequent amount 
     appropriated until the amount authorized, as adjusted, has 
     been appropriated.
       ``(C) Period of indexing.--The period of indexing 
     adjustment under this subparagraph for any increment of 
     funding shall end on the date on which the funds are 
     deposited into the Jicarilla Apache Nation Operations, 
     Maintenance, and Replacement Trust Fund.
       ``(9) Management.--The Secretary shall manage the Jicarilla 
     Apache Nation Operations, Maintenance, and Replacement Trust 
     Fund in accordance with subsection (d).
       ``(10) Conditions for expenditure and withdrawal.--All 
     expenditures and withdrawals by the Jicarilla Apache Nation 
     of funds in the Jicarilla Apache Nation Operations, 
     Maintenance, and Replacement Trust Fund must comply with the 
     requirements of subsection (f).
       ``(d) Management.--The Secretary shall manage the 
     Settlement Trust Funds, invest amounts in the Settlement 
     Trust Funds pursuant to subsection (e), and make amounts 
     available from the Settlement Trust Funds for distribution to 
     the Nation and the Jicarilla Apache Nation in accordance with 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.).

[[Page S4394]]

       ``(e) Investment of the Trust Funds.--The Secretary shall 
     invest amounts in the Settlement Trust Funds in accordance 
     with--
       ``(1) the Act of April 1, 1880 (25 U.S.C. 161);
       ``(2) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a); and
       ``(3) the American Indian Trust Fund Management Reform Act 
     of 1994 (25 U.S.C. 4001 et seq.).
       ``(f) Conditions for Expenditures and Withdrawals.--
       ``(1) Tribal management plan.--
       ``(A) In general.--On approval by the Secretary of a Tribal 
     management plan in accordance with the American Indian Trust 
     Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), 
     the Nation and the Jicarilla Apache Nation may withdraw all 
     or a portion of the amounts in the Settlement Trust Funds.
       ``(B) Requirements.--In addition to any requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), a Tribal management plan shall 
     require that the Nation and Jicarilla Apache Nation only use 
     amounts in the Settlement Trust Funds for the purposes 
     described in subsection (a)(2), (b)(2), or (c)(3), as 
     applicable.
       ``(2) Enforcement.--The Secretary may take judicial or 
     administrative action to enforce the provisions of any Tribal 
     management plan to ensure that any amounts withdrawn from the 
     Settlement Trust Funds are used in accordance with this 
     subtitle.
       ``(3) No liability.--The Secretary or the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Settlement Trust 
     Funds by the Nation or the Jicarilla Apache Nation.
       ``(4) Expenditure plan.--
       ``(A) In general.--The Nation and Jicarilla Apache Nation 
     shall submit to the Secretary for approval an expenditure 
     plan for any portion of the amounts in the Settlement Trust 
     Funds made available under this section that the Nation or 
     the Jicarilla Apache Nation does not withdraw under this 
     subsection.
       ``(B) Description.--An expenditure plan submitted under 
     subparagraph (A) shall describe the manner in which, and the 
     purposes for which, funds of the Nation or the Jicarilla 
     Apache Nation remaining in the Settlement Trust Funds will be 
     used.
       ``(C) Approval.--On receipt of an expenditure plan under 
     subparagraph (A), the Secretary shall approve the plan if the 
     Secretary determines that the plan is reasonable and 
     consistent with this subtitle.
       ``(5) Annual report.--The Nation and Jicarilla Apache 
     Nation shall submit to the Secretary an annual report that 
     describes any expenditures from the Settlement Trust Funds 
     during the year covered by the report.
       ``(6) Limitation.--No portion of the amounts in the 
     Settlement Trust Funds shall be distributed to any Nation or 
     Jicarilla Apache Nation member on a per capita basis.''.
       (c) Waivers and Releases.--Section 10703 of the 
     Northwestern New Mexico Rural Water Projects Act (Public Law 
     111-11; 123 Stat. 1403) is amended--
       (1) in subsection (d)(1)(A), by striking ``2025'' and 
     inserting ``2030''; and
       (2) in subsection (e)(2), in the matter preceding 
     subparagraph (A), by striking ``2025'' and inserting 
     ``2030''.

     SEC. 5005. NON-PROJECT WATER FOR USE IN THE STATE OF UTAH.

       Section 10602(h) of the Northwestern New Mexico Rural Water 
     Projects Act (Public Law 111-11; 123 Stat. 1382) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``paragraph (2)'' and inserting ``paragraph 
     (3)'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Conveyance of non-project water to the state of 
     utah.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Navajo/Utah settlement agreement.--The term `Navajo/
     Utah Settlement Agreement' means the agreement entitled 
     `Navajo Nation/State of Utah Water Rights Settlement 
     Agreement', dated May 27, 2022, and authorized by section 
     1102 of title XI of division FF of Public Law 116-260 (134 
     Stat. 3224).
       ``(ii) Navajo-utah water rights.--The term `Navajo-Utah 
     water rights' has the meaning given the term `Navajo water 
     rights' in section 1102(b) of title XI of division FF of 
     Public Law 116-260 (134 Stat. 3225).
       ``(B) In general.--Subject to paragraph (1), the Nation may 
     provide non-Project water to communities of the Nation in the 
     State of Utah, subject to the conditions that--
       ``(i) not more than 2,000 acre-feet per year of non-Project 
     water may be treated, stored, or conveyed through Project and 
     non-Project infrastructure for the benefit of those 
     communities;
       ``(ii) any non-Project water treated or conveyed through 
     Project and non-Project infrastructure and delivered to the 
     New Mexico state line for the benefit of those communities 
     shall--

       ``(I) be considered part of the Navajo-Utah water rights as 
     quantified in section 1102(d)(1)(A) of title XI of division 
     FF of Public Law 116-260 (134 Stat. 3227); and
       ``(II) be accounted for as a depletion by the Nation to be 
     counted against the apportionment of the State of Utah under 
     the Compact for purposes of the depletion accounting under 
     the Navajo/Utah Settlement Agreement;

       ``(iii) Project funds shall not be used to design, plan, 
     construct, operate, maintain, or repair any additional 
     infrastructure in the State of New Mexico or any 
     infrastructure in the State of Arizona or Utah to join the 
     Project infrastructure to the Sweetwater pipeline (non-
     Project infrastructure);
       ``(iv) the share of any Project Participants' Project 
     operation, maintenance, and replacement costs shall not be 
     increased in connection with the use of non-Project 
     infrastructure;
       ``(v) the United States shall have no responsibility or 
     obligation to provide non-Project water to those communities 
     under this paragraph and no Federal funding shall be provided 
     for the costs to construct, operate, maintain, and replace 
     any non-Project infrastructure necessary for storage and 
     conveyance of non-Project water from the State of New Mexico 
     to serve those communities except for funds authorized 
     under--

       ``(I) section 1102 of title XI of division FF of Public Law 
     116-260 (134 Stat. 3224);
       ``(II) section 7 of the Act of August 5, 1954 (42 U.S.C. 
     2004a); and
       ``(III) the Indian Health Care Improvement Act (25 U.S.C. 
     1601 et seq.);

       ``(vi) efforts associated with providing non-Project water 
     to those communities shall not delay the Project, or any 
     component of the Project, in a manner that would be 
     prejudicial to any Project Participant; and
       ``(vii) in addition to the requirements of this paragraph, 
     delivery of non-Project water under this paragraph is subject 
     to--

       ``(I) the terms of the Navajo/Utah Settlement Agreement;
       ``(II) the State of Utah issuing a decreed water right 
     pursuant to the terms of the Navajo/Utah Settlement 
     Agreement;
       ``(III) the State of Utah not incurring additional 
     financial obligations beyond those identified in the Navajo/
     Utah Settlement Agreement; and
       ``(IV) the execution of an implementation agreement between 
     the Nation and the State of Utah relating to accounting and 
     measurement of non-Project water under this paragraph to be 
     consistent with the terms of the Navajo/Utah Settlement 
     Agreement.

       ``(C) Clarification.--The State of New Mexico shall have no 
     responsibility or obligation to provide--
       ``(i) non-Project water to communities of the Nation in the 
     State of Utah under this paragraph; or
       ``(ii) any funding under this paragraph.''.
                                 ______
                                 
  SA 2141. 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. DESIGNATION OF PAUL S. SARBANES VISITOR AND 
                   EDUCATION CENTER.

       (a) Designation.--The visitor and education center at Fort 
     McHenry National Monument and Historic Shrine located at 2400 
     East Fort Ave, Baltimore, Maryland, is designated as the 
     ``Paul S. Sarbanes Visitor and Education Center''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other document of the United States to 
     the visitor center referred to in subsection (a) shall be 
     deemed to be a reference to the ``Paul S. Sarbanes Visitor 
     and Education Center''.
                                 ______
                                 
  SA 2142. 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 VIII, insert the following:

     SEC. 8____. MODIFICATION OF EVALUATION FACTORS FOR DEFENSE 
                   CONTRACTS TO INCLUDE CONSIDERATION OF COST-
                   SAVING POTENTIAL.

       Section 3206(c) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1)(B), by striking ``Federal Government'' 
     and inserting ``Federal Government, including the potential 
     for the product to provide future cost savings, enable 
     reduced maintenance, or permit more effective use of 
     personnel,''; and
       (2) in paragraph (2)--
       (A) by striking ``Restriction on implementing regulations'' 
     and inserting ``Restrictions on implementation'';
       (B) by striking ``The regulations'' and inserting ``(A) The 
     regulations''; and
       (C) by adding at the end the following new subparagraph:
       ``(B) In implementing paragraph (1)(B), the head of an 
     agency may not condition or evaluate cost savings based on an 
     assertion of government purpose rights.''.
                                 ______
                                 
  SA 2143. Mr. CORNYN submitted an amendment intended to be proposed by

[[Page S4395]]

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. __. REPORT ON PRICE ELASTICITY OF LABOR SUPPLY AT 
                   SHIPYARDS AND SUPPLIER FIRMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Navy shall 
     submit to the congressional defense committees a report on 
     the price elasticity of the labor supply for the industrial 
     base for building and maintaining naval vessels, including--
       (1) private-sector shipyards;
       (2) public-sector naval shipyards; and
       (3) supplier firms.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the full cost of hiring and training 
     workers at shipyards and supplier firms.
       (2) An assessment of the extent to which retention and 
     attrition of workers at shipyards and supplier firms is 
     related to pay and benefits for those workers.
       (3) An assessment of the extent to which challenges in 
     recruiting and retaining desired numbers of workers at 
     shipyards and supplier firms can be met by increasing pay and 
     benefits for those workers.
       (4) An assessment of the potential impact of such increases 
     in pay and benefits on costs for procuring and maintaining 
     naval vessels.
       (5) An assessment of and recommendation for any 
     extraordinary relief that may be appropriate for the fixed-
     price, multi-year procurement contracts for Virginia-class 
     submarines in order to increase pay and benefits for workers 
     at shipyards and supplier firms under those contracts.
       (c) Contract Authority.--The Secretary of the Navy may 
     contract with a private entity for the preparation of the 
     report required by subsection (c).
       (d) Congressional Defense Committees Defined.--In this 
     section, the term ``congressional defense committees'' has 
     the meaning given that term in section 101(a) of title 10, 
     United States Code.
                                 ______
                                 
  SA 2144. 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 in title XI, insert the following:

     SEC. ___. DIRECT HIRE AUTHORITY FOR CERTAIN PERSONNEL OF THE 
                   DEPARTMENT OF DEFENSE IN THE INDO-PACIFIC.

       Section 9905(a) of title 5, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(15) Any position in Guam, the Commonwealth of the 
     Northern Mariana Islands, the Republic of Palau, the 
     Federated States of Micronesia, or the Republic of the 
     Marshall Islands supporting military mission or posture 
     requirements in the Indo-Pacific.''.
                                 ______
                                 
  SA 2145. 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. ___. DIGITAL ELECTRONICS SYSTEMS ENGINEERING.

       (a) In General.--Not later than 90 days after enactment of 
     this Act, the Secretary of Defense shall seek to enter into a 
     contract or other agreement with a federally funded research 
     and development center, a university-affiliated research 
     center, or a National Laboratory to conduct an assessment of 
     the implementation by the Department of Defense of digital 
     engineering and modeling for electronics systems.
       (b) Elements.--The assessment required under subsection (a) 
     shall include the following:
       (1) The results and lessons learned from the pilot projects 
     conducted by each of the military department as of the date 
     of the enactment of this Act, including any cost and schedule 
     impacts realized by incorporating digital electronic systems 
     engineering and digital twinning.
       (2) The resources and timelines required for the 
     development, execution, and sustainment of digital electronic 
     systems engineering to develop hardware accurate digital 
     twins of the electronic systems associated with each current 
     major defense acquisition program.
       (3) The resources and timelines required to expand the use 
     of digital electronic systems engineering to programs other 
     than the major defense acquisition programs.
       (4) The workforce development and education requirements to 
     support adoption of digital electronic systems engineering 
     and digital twinning.
       (5) Recommendations for how to programmatically implement 
     and manage such a digital electronics systems engineering and 
     digital twinning capability to ensure cost efficiency and 
     sufficient capacity to satisfy the digital electronic systems 
     engineering demands for each of the military departments.
       (c) Results.--
       (1) In general.--Following the completion of the assessment 
     under subsection (a), the federally funded research and 
     development center, university-affiliated research center, or 
     National Laboratory shall submit to the Secretary a report on 
     the results of the assessment.
       (2) Form.--The report submitted pursuant to paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (d) Submittal to Congress.--Not later than 60 days after 
     the date the Secretary receives the report under subsection 
     (c), the Secretary shall submit to the congressional defense 
     committees an unaltered copy of the report along with any 
     comments the Secretary may have with respect to the report.
       (e) Definitions.--In this section:
       (1) The term ``major defense acquisition program'' has the 
     meaning given that term in section 4201 of title 10, United 
     States Code.
       (2) The term ``National Laboratory'' has the meaning given 
     that term in section 2 of the Energy Policy Act of 2005 (42 
     U.S.C. 15801).
                                 ______
                                 
  SA 2146. 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 in title X, insert the following:

     SEC. 10__. INCREASE IN MAXIMUM BALANCE OF DEFENSE PRODUCTION 
                   ACT FUND.

       Section 304(e) of the Defense Production Act of 1950 (50 
     U.S.C. 4534(e)) is amended by striking ``$750,000,000'' each 
     place it appears and inserting ``$1,500,000,000''.
                                 ______
                                 
  SA 2147. 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 in title VII, insert the 
     following:

     SEC. 7___. REPORT ON MEDICAL INSTRUMENT STERILIZATION.

       (a) Study Required.--
       (1) In general.--The Inspector General of the Defense 
     Health Agency shall conduct a study on the adequacy of 
     sterilization of medical instruments at medical facilities of 
     the Defense Health Agency.
       (2) Elements.--Each study required by paragraph (1) shall 
     include the following elements:
       (A) A description of the processes or checks used to ensure 
     medical instruments are sterilized prior to use on patients 
     at medical facilities of the Defense Health Agency.
       (B) A description of the policies and processes used to 
     identify and mitigate the use of insufficiently sterilized 
     medical instruments at such medical facilities and the 
     processes and timelines for informing patients of any such 
     near-miss (if any disclosure is required).
       (C) An identification of the aggregate number of adverse 
     events or near-misses as a result of insufficiently 
     sterilized medical instruments at such medical facilities 
     during the period beginning on January 1, 2022, and ending on 
     January 1, 2024.
       (D) A determination of primary factors that result in 
     insufficiently sterilized medical instruments at such medical 
     facilities.
       (E) A description of the extent to which unsterilized 
     medical instruments have impacted the operation of such 
     medical facilities.
       (F) An assessment of whether such medical facilities have 
     sufficient--
       (i) medical instruments;
       (ii) medical devices to timely clean and sterilize medical 
     instruments; and
       (iii) staff to sterilize medical instruments.
       (G) An assessment of whether staff at such medical 
     facilities are properly trained to sterilize medical 
     instruments.
       (H) A determination of the number of surgeries at such 
     medical facilities that were delayed or rescheduled as a 
     result of unsterilized medical instruments.
       (I) Recommendations to improve the sterilization of medical 
     instruments at such medical facilities, including an 
     identification

[[Page S4396]]

     and evaluation of existing options, such as mobile 
     sterilization units and coordinating with community medical 
     centers to expand surgical capacity.
       (b) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Director of the 
     Defense Health Agency shall submit to Congress a report on 
     the study required by subsection (a), which shall include an 
     action plan to consider and implement the recommendations 
     included in such study.
                                 ______
                                 
  SA 2148. Mr. CORNYN (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 title VII, insert the 
     following:

     SEC. 7__. IDENTIFICATION IN PATIENT MEDICAL RECORDS OF 
                   AFFILIATION OF CERTAIN NON-DEPARTMENT OF 
                   DEFENSE HEALTH CARE PROVIDERS.

       (a) In General.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1091 the 
     following new section:

     ``Sec. 1091a. Identification in patient medical records of 
       affiliation of certain non-Department of Defense health 
       care providers

       ``(a) In General.--The Secretary of Defense shall ensure 
     that medical records of the Department of Defense include the 
     organizational affiliation of any covered health care 
     provider identified in such medical records.
       ``(b) Covered Health Care Provider Defined.--In this 
     section, the term `covered health care provider' means a 
     health care provider who is not--
       ``(1) a member of the uniformed services;
       ``(2) an employee of the Department of Defense;
       ``(3) an employee of another agency of the Federal 
     Government detailed to the Department of Defense;
       ``(4) a personal services contractor under section 1091 of 
     this title; or
       ``(5) a volunteer under section 1588 of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1091 the following new item:

``1091a. Identification in patient medical records of affiliation of 
              certain non-Department of Defense health care 
              providers.''.
                                 ______
                                 
  SA 2149. 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 in title VIII, insert the 
     following:

     SEC. __. TRANSFER AUTHORITY APPLICABLE TO CERTAIN DEFENSE 
                   ACQUISITION PROGRAMS.

       (a) In General.--Subchapter IV of chapter 322 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 4274. Transfer authority applicable to certain defense 
       acquisition programs

       ``(a) In General.--For a period of up to three years after 
     Milestone B approval or entry into a Middle Tier of 
     Acquisition or Software Acquisition Pathway for a defense 
     acquisition program, the Secretary of Defense may transfer in 
     any fiscal year, in an amount not to exceed applicable 
     standards for below-threshold reprogramming, amounts made 
     available for research, development, test, and evaluation for 
     such program for that fiscal year to amounts made available 
     for procurement for the program for such fiscal year. The 
     authority provided under this subsection is in addition to 
     any other transfer authority available to the Department of 
     Defense.
       ``(b) Notification Requirement.--The Secretary of Defense 
     shall notify the Congress within 30 days of a transfer made 
     pursuant to the authority provided under subsection (a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter IV of chapter 322 of title 10, United 
     States Code, is amended by inserting after the item relating 
     to section 4273 the following new item:

``4274. Transfer authority applicable to certain defense acquisition 
              programs.''.
                                 ______
                                 
  SA 2150. 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 in title VI, insert the following:

     SEC. 6__. PILOT PROGRAMS TO ASSESS FEASIBILITY OF BUDGET-
                   NEUTRALITY FOR DEFENSE COMMISSARY SYSTEM WITH 
                   IMPROVED SERVICE.

       (a) Findings.--Congress makes the following findings:
       (1) The commissary benefit is no longer meeting its 
     original intent in serving families of members of the Armed 
     Forces stationed in austere locations. With commercial 
     grocery stores now located outside every military 
     installation in the continental United States and potentially 
     able to operate commissaries on those installations 
     efficiently without an annual subsidy, providing subsidies 
     for the operation of commissaries may no longer be necessary.
       (2) Congress is aware that to keep costs low for commissary 
     customers amid declining year-to-year sales, the Federal 
     Government subsidizes commissaries with taxpayer funds. In 
     2023, the Defense Commissary Agency received $1,400,000,000 
     in appropriations, and the President's fiscal year 2025 
     budget request increases that to $1,570,200,000, despite the 
     funding level constraints imposed by the Fiscal 
     Responsibility Act of 2023 (Public Law 118-5; 137 Stat. 10).
       (3) Additionally, supply chain challenges, minimal market 
     share, and availability of better alternatives near most 
     commissary locations are limiting selections, increasing 
     costs, and decreasing patronage at commissaries. Members of 
     the Armed Forces and their families should have affordable 
     access to American-style goods while they are stationed in 
     foreign and remote areas, but reports indicate the shelves 
     are bare in places like Camp Humphreys, South Korea, and 
     costs are higher than they would be for commercial grocery 
     stores. Unlike commercial grocery chains, the costs to supply 
     the Defense Commissary Agency are higher than the costs to 
     supply commercial grocery chains because the Defense 
     Commissary Agency does not have direct control over its 
     supply chain and commissary goods are bought through multiple 
     independent brokers who add their own fees to the cost of 
     products they sell to the commissaries, which raises the 
     costs of the goods. The broker markup can run as much as 30 
     to 40 percent more than the actual cost of an item. In 
     addition, since the volume of sales at commissaries is 
     relatively small, they do not have the buying power to bring 
     the volume discounts that the major supermarket chains get. 
     Additional broken costs are part of the supply chain 
     inefficiencies that make the Defense Commissary Agency 
     uncompetitive with civilian sector options. The purchasing 
     power of commercial grocers could significantly lower the 
     cost of goods because the leverage those grocers have to 
     obtain quantity discounts offered by suppliers.
       (4) While the commissary benefit is designed to save 
     shoppers more than 25 cents on the dollar over other 
     retailers' prices every time they shop, a Government 
     Accountability Office report in June 2022 determined that the 
     Defense Commissary Agency used unreliable and inconsistent 
     methodologies to calculate the annual savings realized by 
     commissary shoppers, resulting in inflated savings. Other 
     reports indicate commissaries sales declined 26 percent from 
     2015 to 2020, while Nielsen Company retail data demonstrated 
     that private sector retail grocery sales increased 16.60 
     percent for 2020 alone. From 2019 to 2022, sales at many 
     private sector retail grocery stores were up 51 percent while 
     commissary sales were down 13 percent during the same period. 
     Finally, off-base shopping currently offers options and 
     conveniences not available at commissaries, such as same-day 
     home delivery and extended shopping hours.
       (b) Pilot Programs.--
       (1) In general.--The Secretary of Defense shall conduct one 
     or more pilot programs to evaluate the feasibility and 
     advisability of processes and methods for achieving budget 
     neutrality in the delivery of commissary and exchange 
     benefits and meeting other applicable benchmarks in 
     accordance with this subsection.
       (2) Establishment of prices.--The Secretary shall require 
     any commissary or private sector entity participating in a 
     pilot program carried out under paragraph (1) to establish 
     appropriate prices in response to market conditions and 
     customer demand, provided that the level of savings required 
     by paragraph (4) is maintained.
       (3) Establishment of benchmarks.--
       (A) In general.--In carrying out pilot programs under 
     paragraph (1), the Secretary shall, with review by the 
     Government Accountability Office, the Nielsen Company, and an 
     independent accounting firm, establish specific, measurable 
     benchmarks for measuring success in the provision of high-
     quality grocery goods and products, discount savings to 
     patrons, and high levels of customer satisfaction while 
     achieving budget-neutrality in the delivery of commissary and 
     exchange benefits.
       (B) Use of ups codes.--In establishing the benchmarks 
     required by subparagraph (A), the Secretary shall ensure that 
     the market basket of goods use for purposes of the benchmarks 
     consists of goods with Universal Product Codes so that 
     identical goods sold by various different retailers can be 
     identified and tracked.

[[Page S4397]]

       (C) Audits.--The baseline of savings for purposes of the 
     benchmarks required by subparagraph (A) shall be audited by 
     the Government Accountability Office, the Nielsen Company, 
     and an independent accounting firm.
       (4) Required savings to patrons.--
       (A) In general.--The Secretary shall ensure that the level 
     of savings for commissary patrons under any pilot program 
     carried out under paragraph (1) is not less than the level of 
     savings for such patrons before the implementation of the 
     pilot program, as follows:
       (i) Before commencing a pilot program under paragraph (1), 
     the Secretary shall establish a baseline of savings for 
     patrons at each commissary participating in the pilot program 
     by comparing prices charged by the commissary for a 
     representative market basket of goods to prices charged by 
     local competitors for the same market basket of goods.
       (ii) After implementing a pilot program under paragraph 
     (1), the Secretary shall ensure that each commissary or 
     private sector entity participating in the pilot program--

       (I) conducts market-basket price comparisons not less 
     frequently than once a month; and
       (II) adjusts pricing as necessary to ensure that pricing 
     achieves savings for patrons that are reasonably consistent 
     with the baseline savings for the commissary established 
     pursuant to clause (i).

       (B) Verification.--The Secretary shall arrange to have the 
     baseline of savings established under clause (i) of 
     subparagraph (A) and the price comparisons and adjustments 
     required by clause (ii) of that subparagraph validated by the 
     Government Accountability Office, the Nielsen Company, and an 
     independent accounting firm.
       (5) Waiver of certain requirements.--In carrying out a 
     pilot program under paragraph (1), the Secretary may waive 
     any requirement of chapter 147 of title 10, United States 
     Code, that the Secretary determines necessary.
       (6) Duration of authority.--
       (A) In general.--Except as provided by subparagraph (B), 
     the authority of the Secretary to carry out a pilot program 
     under paragraph (1) shall expire on the date that is five 
     years after the date of the enactment of this Act.
       (B) Extension.--If a pilot program carried out under 
     paragraph (1) achieves budget-neutrality in the delivery of 
     commissary and exchange benefits and meets other applicable 
     benchmarks, as measured using the benchmarks required by 
     paragraph (3), the Secretary may continue the pilot program 
     for an additional period of not more than 10 years after the 
     date described in subparagraph (A).
       (7) Reports required.--
       (A) Initial reports.--Not later than 30 days before 
     commencing a pilot program under paragraph (1), the Secretary 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the pilot 
     program that includes the following:
       (i) A description of the pilot program.
       (ii) The provisions, if any, of chapter 147 of title 10, 
     United States Code, that will be waived to carry out the 
     pilot program.
       (B) Final reports.--Not later than 90 days after the date 
     of the completion of any pilot program carried out under 
     paragraph (1) or the date of the commencement of an extension 
     of a pilot program under paragraph (6)(B), the Secretary 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the pilot 
     program that includes the following:
       (i) A description and assessment of the pilot program.
       (ii) Such recommendations for administrative or legislative 
     action as the Secretary considers appropriate in light of the 
     pilot program.
                                 ______
                                 
  SA 2151. 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. ___. LIMITED EXCEPTION TO FUNDING PROHIBITION FOR 
                   FOREIGN SECURITY FORCES THAT HAVE COMMITTED A 
                   GROSS VIOLATION OF HUMAN RIGHTS.

       Section 362(b) of title 10, United States Code, is amended 
     by striking ``has taken all necessary corrective steps'' and 
     inserting ``is taking effective steps''.
                                 ______
                                 
  SA 2152. Mr. CORNYN (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 appropriate place in title X, insert the following:

     SEC. 10__. PERIODIC REVIEW OF AUTOMATIC MAXIMUM COVERAGE 
                   UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE AND 
                   VETERANS' GROUP LIFE INSURANCE.

       (a) In General.--Subchapter III of chapter 19 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1980B. Periodic review of automatic maximum coverage

       ``(a) In General.--On January 1, 2025, and every five years 
     thereafter, the Secretary shall--
       ``(1) complete a review of how the amount specified in 
     section 1967(a)(3)(A)(i) compares to the amount described in 
     subsection (b); and
       ``(2) submit to the Committees on Veterans' Affairs of the 
     House of Representatives and the Senate the results of the 
     review, which may serve as a guide for coverage increases 
     within the existing administrative incremental structure.
       ``(b) Amount Described.--The amount described in this 
     subsection is the amount equal to--
       ``(1) $500,000; multiplied by
       ``(2) the average percentage by which the Consumer Price 
     Index changed during the five fiscal years preceding the 
     review under subsection (a).
       ``(c) Consumer Price Index Defined.--In this section, the 
     term `Consumer Price Index' means the Consumer Price Index 
     for All Urban Consumers published by the Bureau of Labor 
     Statistics of the Department of Labor.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 19 of such title is amended by inserting 
     after the item relating to section 1980A the following new 
     item:

``1980B. Periodic review of automatic maximum coverage.''.
                                 ______
                                 
  SA 2153. Mr. CORNYN (for himself and Mr. Coons) 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 XII, insert the 
     following:

     SEC. __. INCREASED REPORTING REGARDING DEPARTMENT OF STATE 
                   TAIWAN GUIDELINES.

       Section 315 of the Taiwan Assurance Act of 2020 (subtitle B 
     of title III of division FF of Public Law 116-260; 134 Stat. 
     3100) is amended--
       (1) in subsection (c)(1), by inserting ``and any successor 
     document or related document that includes guidance on 
     relations with Taiwan'' after ``memorandum''; and
       (2) by adding at the end the following new subsection:
       ``(d) Periodic Reviews and Updated Reports.--
       ``(1) In general.--For as long as the Department of State 
     maintains guidance that governs relations with Taiwan as 
     described in subsection (a), the Secretary of State shall--
       ``(A) not less than every four years, conduct a review of 
     the Department of State's guidance that governs relations 
     with Taiwan, including the periodic memorandum entitled, 
     `Guidelines on Relations with Taiwan' and related documents, 
     and reissue such guidance to executive branch departments and 
     agencies; and
       ``(B) not later than 90 days after completing a review 
     required by paragraph (1)(A), submit an updated report to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives.
       ``(2) Matters to be included.--The updated reports required 
     under paragraph (1)(B) shall include--
       ``(A) all the information required under subsection (c);
       ``(B) a description of how the updated guidance meets the 
     goals and objectives described in subsection (b); and
       ``(C) an identification of self-imposed restrictions on 
     relations with Taiwan lifted by the Secretary of State in the 
     most recent updated guidance, including the periodic 
     memorandum entitled `Guidelines on Relations with Taiwan' and 
     related documents.''.
                                 ______
                                 
  SA 2154. Mr. CORNYN (for himself, Mr. Whitehouse, Mr. Grassley, 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 appropriate place, insert the following:

[[Page S4398]]

  


     SEC. [___]. TREATMENT OF CERTAIN EXEMPTIONS UNDER FARA.

       (a) Exemptions.--Section 3 of the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 613) is 
     amended--
       (1) in the matter preceding subsection (a), by inserting 
     ``, except as provided in subsection (i)'' after 
     ``principals''; and
       (2) by adding at the end the following:
       ``(i) Limitations.--
       ``(1) In general.--The exemptions under subsection (d)(1), 
     (d)(2), or (h) shall not apply to any agent of a foreign 
     principal, wherever located, that is owned or controlled by 1 
     of the identified countries described in paragraph (2).
       ``(2) Identified countries.--The countries described in 
     this paragraph are:
       ``(A) The People's Republic of China.
       ``(B) The Russian Federation.
       ``(C) The Islamic Republic of Iran.''.
       (b) Modification to Countries.--
       (1) In general.--The Secretary of State may, in 
     consultation with the Attorney General of the United States, 
     propose the addition or deletion of countries described in 
     section 3(i) of the Foreign Agents Registration Act of 1938, 
     as amended, as added by this Act.
       (2) Submission.--Any proposal described in paragraph (1)--
       (A) shall be submitted to the Chairman and Ranking Member 
     of the Committee on Foreign Relations of the Senate and the 
     Chairman and Ranking Member of the Committee on the Judiciary 
     of the House of Representatives; and
       (B) shall become effective upon enactment of a joint 
     resolution of approval as described in subsection (c).
       (c) Joint Resolution of Approval.--
       (1) In general.--For purposes of subsection (b), the term 
     ``joint resolution of approval'' means only a joint 
     resolution--
       (A) that does not have a preamble;
       (B) that includes in the matter after the resolving clause 
     the following: ``That Congress approves the modification of 
     countries relating to the treatment of certain exemptions 
     under the Foreign Agents Registration Act of 1938, as 
     amended, as submitted by the Secretary of State on ____; and 
     section 3(i) of the Foreign Agents Registration Act of 1938, 
     as amended (22 U.S.C. 613) is amended by ______.'', the blank 
     spaces being appropriately filled in with the appropriate 
     date and the amendatory language required to add or delete 1 
     or more countries from the list of countries described in 
     section 3(i) of the Foreign Agents Registration Act of 1938, 
     as amended, as added by subsection (a)(2) of this section, 
     respectively; and
       (C) the title of which is as follows: ``Joint resolution 
     approving modifications to countries relating to the 
     treatment of certain exemptions under the Foreign Agents 
     Registration Act of 1938, as amended.''
       (2) Referral.--
       (A) Senate.--A resolution described in this subsection that 
     is introduced in the Senate shall be referred to the 
     Committee on Foreign Relations of the Senate.
       (B) House of representatives.--A resolution described in 
     this subsection that is introduced in the House of 
     Representatives shall be referred to the Committee on the 
     Judiciary of the House of Representatives.
       (d) Sunset.--The amendments made by this section shall 
     terminate on October 1, 2028.
                                 ______
                                 
  SA 2155. Mr. CORNYN (for himself, Mr. Coons, Mrs. Shaheen, and Mr. 
Scott of South Carolina) 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 XII, insert the 
     following:

     SEC. 12___. EXTENSION AND MODIFICATION OF LEND-LEASE 
                   AUTHORITY TO UKRAINE.

       Section 2 of the Ukraine Democracy Defense Lend-Lease Act 
     of 2022 (Public Law 117-118; 136 Stat. 1184) is amended--
       (1) in subsection (a)(1), by striking ``fiscal years 2022 
     and 2023'' and inserting ``fiscal years 2022 through 2026'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Report.--Not later than 90 days after the use of the 
     authority under subsection (a), the Secretary of Defense 
     shall submit to Congress a report that includes--
       ``(1) a description of the defense articles loaned or 
     leased to the Government of Ukraine, or to the government of 
     an Eastern European country impacted by the Russian 
     Federation's invasion of Ukraine, under such authority; and
       ``(2) a strategy and timeline for recovery and return of 
     such defense articles.''.
                                 ______
                                 
  SA 2156. Mr. COONS 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. _____. ADVERSE INFORMATION ABOUT CONSUMERS UNLAWFULLY OR 
                   WRONGFULLY DETAINED ABROAD OR HELD HOSTAGE 
                   ABROAD.

       (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 
     1681 et seq.) is amended by inserting after section 605C the 
     following:

     ``Sec. 605D. Adverse information about consumers unlawfully 
       or wrongfully detained abroad or held hostage abroad

       ``(a) Definitions.--In this section:
       ``(1) Covered consumer.--The term `covered consumer' means 
     an individual who has been--
       ``(A) a United States national unlawfully or wrongfully 
     detained abroad, as determined under section 302(a) of the 
     Robert Levinson Hostage Recovery and Hostage-Taking 
     Accountability Act (22 U.S.C. 1741(a)); or
       ``(B) a United States national taken hostage abroad, as 
     determined by the Hostage Recovery Fusion Cell (as described 
     in section 304 of the Robert Levinson Hostage Recovery and 
     Hostage-Taking Accountability Act (22 U.S.C. 1741b).
       ``(2) Detention or hostage documentation.--The term 
     `detention or hostage documentation' means--
       ``(A) documentation of a determination that a consumer is a 
     covered consumer, including the time period during which the 
     consumer was a covered consumer made by a Federal entity; and
       ``(B) documentation that identifies items of adverse 
     information that should not be furnished by a consumer 
     reporting agency because the items were about a consumer 
     during the time period the consumer was a covered consumer.
       ``(b) Adverse Information.--A consumer reporting agency may 
     not furnish a consumer report containing any adverse item of 
     information about a covered consumer if the covered consumer 
     has provided detention or hostage documentation to the 
     consumer reporting agency.
       ``(c) Rulemaking.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this section, the Director shall issue 
     rules to implement subsection (a).
       ``(2) Contents.--The rules issued pursuant to paragraph (1) 
     shall establish a method by which consumers or legal 
     representatives of consumers shall submit detention or 
     hostage documentation to consumer reporting agencies.''.
       (b) Table of Contents Amendment.--The table of contents of 
     the Fair Credit Reporting Act is amended by inserting after 
     the item relating to section 605C the following:

``605D. Adverse information about consumers unlawfully or wrongfully 
              detained abroad or held hostage abroad.''.
       (c) Application.--The amendments made by this section shall 
     apply on the date that is 30 days after the date on which the 
     Director of the Bureau of Consumer Financial Protection 
     issues a rule pursuant to section 605D(c) of the Fair Credit 
     Reporting Act, as added by subsection (a) of this section. 
     Any rule issued by the Director to implement such section 
     605D shall be limited to preventing a consumer reporting 
     agency from furnishing a consumer report containing any 
     adverse item of information about a covered consumer (as such 
     terms are defined, respectively, in section 603 the Fair 
     Credit Reporting Act (15 U.S.C. 1681a)).
                                 ______
                                 
  SA 2157. Mr. COONS (for himself, Mr. Cornyn, Ms. Hirono, and Mr. 
Tillis) 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. ___. PROTECTING AND ENHANCING PUBLIC ACCESS TO CODES.

       (a) Findings.--Congress finds the following:
       (1) Congress, the executive branch, and State and local 
     governments have long recognized that the people of the 
     United States benefit greatly from the work of private 
     standards development organizations with expertise in highly 
     specialized areas.
       (2) The organizations described in paragraph (1) create 
     technical standards and voluntary consensus standards through 
     a process requiring openness, balance, consensus, and due 
     process to ensure all interested parties have an opportunity 
     to participate in standards development.
       (3) The standards that result from the process described in 
     paragraph (2) are used by private industry, academia, the 
     Federal Government, and State and local governments that 
     incorporate those standards by reference into laws and 
     regulations.
       (4) The standards described in paragraph (3) further 
     innovation, commerce, and public safety, all without cost to 
     governments or taxpayers because standards development 
     organizations fund the process described in

[[Page S4399]]

     paragraph (2) through the sale and licensing of their 
     standards.
       (5) Congress and the executive branch have repeatedly 
     declared that, wherever possible, governments should rely on 
     voluntary consensus standards and have set forth policies and 
     procedures by which those standards are incorporated by 
     reference into laws and regulations and that balance the 
     interests of access with protection for copyright.
       (6) Circular A-119 of the Office of Management and Budget 
     entitled ``Federal Participation in the Development and Use 
     of Voluntary Consensus Standards and in Conformity Assessment 
     Activities'', issued in revised form on January 27, 2016, 
     recognizes the benefits of voluntary consensus standards and 
     incorporation by reference, stating that ``[i]f a standard is 
     used and published in an agency document, your agency must 
     observe and protect the rights of the copyright holder and 
     meet any other similar obligations.''.
       (7) Federal agencies have relied extensively on the 
     incorporation by reference system to leverage the value of 
     technical standards and voluntary consensus standards for the 
     benefit of the public, resulting in more than 23,000 sections 
     in the Code of Federal Regulations that incorporate by 
     reference technical and voluntary consensus standards.
       (8) State and local governments have also recognized that 
     technical standards and voluntary consensus standards are 
     critical to protecting public health and safety, which has 
     resulted in many such governments--
       (A) incorporating those standards by reference into their 
     laws and regulations; or
       (B) entering into license agreements with standards 
     development organizations to use the standards created by 
     those organizations.
       (9) Standards development organizations rely on copyright 
     protection to generate the revenues necessary to fund the 
     voluntary consensus process and to continue creating and 
     updating these important standards.
       (10) The people of the United States have a strong interest 
     in--
       (A) ensuring that standards development organizations 
     continue to utilize a voluntary consensus process--
       (i) in which all interested parties can participate; and
       (ii) that continues to create and update standards in a 
     timely manner to--

       (I) account for technological advances;
       (II) address new threats to public health and safety; and
       (III) improve the usefulness of those standards; and

       (B) the provision of access that allows people to read 
     technical and voluntary consensus standards that are 
     incorporated by reference into laws and regulations.
       (11) As of the date of enactment of this Act, many 
     standards development organizations make their standards 
     available to the public free of charge online in a manner 
     that does not substantially disrupt the ability of those 
     organizations to earn revenue from the industries and 
     professionals that purchase copies and subscription-access to 
     those standards (such as through read-only access), which 
     ensures that the public may read the current, accurate 
     version of such a standard without significantly interfering 
     with the revenue model that has long supported those 
     organizations and their creation of, and investment in, new 
     standards.
       (12) Through this section, and the amendments made by this 
     section, Congress intends to balance the goals of furthering 
     the creation of standards and ensuring public access to 
     standards that are incorporated by reference into law or 
     regulation.
       (b) Works Incorporated by Reference Into Law.--
       (1) In general.--Chapter 1 of title 17, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 123. Works incorporated by reference into law

       ``(a) Definitions.--In this section:
       ``(1) Circular a-119.--The term `Circular A-119' means 
     Circular A-119 of the Office of Management and Budget 
     entitled `Federal Participation in the Development and Use of 
     Voluntary Consensus Standards and in Conformity Assessment 
     Activities', issued in revised form on January 27, 2016.
       ``(2) Incorporated by reference.--
       ``(A) In general.--The term `incorporated by reference' 
     means, with respect to a standard, that the text of a 
     Federal, State, local, or municipal law or regulation--
       ``(i) references all or part of the standard; and
       ``(ii) does not copy the text of that standard directly 
     into that law or regulation.
       ``(B) Application.--The creation or publication of a work 
     that includes both the text of a law or regulation and all or 
     part of a standard that has been incorporated by reference, 
     as described in subparagraph (A), shall not affect the status 
     of the standard as incorporated by reference under that 
     subparagraph.
       ``(3) Publicly accessible online.--
       ``(A) In general.--The term `publicly accessible online', 
     with respect to material, means that the material is 
     displayed for review in a readily accessible manner on a 
     public website that is compliant with section 508 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794d), including the 
     regulations implementing that section, as set forth in part 
     1194 of title 36, Code of Federal Regulations, or any 
     successor regulations.
       ``(B) Rule of construction.--If a user is required to 
     create an account or agree to the terms of service of a 
     website or organization in order to access material online, 
     that requirement shall not be construed to render the 
     material not publicly accessible online for the purposes of 
     subparagraph (A), if--
       ``(i) there is no monetary cost to the user to access that 
     material; and
       ``(ii) no personally identifiable information collected 
     pursuant to such a requirement is used without the 
     affirmative and express consent of the user.
       ``(4) Standard.--The term `standard' means a standard or 
     code that is--
       ``(A) a technical standard, as that term is defined in 
     section 12(d) of the National Technology Transfer and 
     Advancement Act of 1995 (15 U.S.C. 272 note); or
       ``(B) a voluntary consensus standard, as that term is used 
     for the purposes of Circular A-119.
       ``(5) Standards development organization.--The term 
     `standards development organization' means a holder of a 
     copyright under this title that plans, develops, establishes, 
     or coordinates voluntary consensus standards using procedures 
     that incorporate the attributes of openness, balance of 
     interests, due process, an appeals process, and consensus in 
     a manner consistent with the requirements of Circular A-119.
       ``(b) Standards Incorporated by Reference Into Law or 
     Regulation.--A standard to which copyright protection 
     subsists under section 102(a) at the time of its fixation 
     shall retain such protection, notwithstanding that the 
     standard is incorporated by reference, if the applicable 
     standards development organization, within a reasonable 
     period of time after obtaining actual or constructive notice 
     that the standard has been incorporated by reference, makes 
     all portions of the standard so incorporated--
       ``(1) publicly accessible online at no monetary cost; and
       ``(2) in a format that includes a searchable table of 
     contents and index (or equivalent aids) to facilitate finding 
     the location of specific content.
       ``(c) Burden of Proof.--In any proceeding in which a party 
     asserts that a standards development organization has failed 
     to comply with the requirements under subsection (b) for 
     retaining copyright protection with respect to a standard, 
     the burden of proof shall be on the party making that 
     assertion to prove that the standards development 
     organization has failed to comply with those requirements.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 1 of title 17, United States Code, is 
     amended by adding at the end the following:

``123. Works incorporated by reference into law.''.
                                 ______
                                 
  SA 2158. Mr. KELLY (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, insert the following:

     SEC. ___. SEMICONDUCTOR PROGRAM.

       Title XCIX of division H of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 (15 
     U.S.C. 4651 et seq.) is amended--
       (1) in section 9902 (15 U.S.C. 4652)--
       (A) by redesignating subsections (h) and (i) as subsections 
     (i) and (j), respectively; and
       (B) by inserting after subsection (g) the following:
       ``(h) Authority Relating to Environmental Review.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the provision by the Secretary of Federal financial 
     assistance for a project described in this section that 
     satisfies the requirements under subsection (a)(2)(C)(i) of 
     this section shall not be considered to be a major Federal 
     action under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) (referred to in this subsection as 
     `NEPA') or an undertaking for the purposes of division A of 
     subtitle III of title 54, United States Code, if--
       ``(A) the activity described in the application for that 
     project has commenced not later than December 31, 2024;
       ``(B) the Federal financial assistance provided is in the 
     form of a loan or loan guarantee; or
       ``(C) the Federal financial assistance provided, excluding 
     any loan or loan guarantee, comprises not more than 10 
     percent of the total estimated cost of the project.
       ``(2) Savings clause.--Nothing in this subsection may be 
     construed as altering whether an activity described in 
     subparagraph (A), (B), or (C) of paragraph (1) is considered 
     to be a major Federal action under NEPA, or an undertaking 
     under division A of subtitle III of title 54, United States 
     Code, for a reason other than that the activity is eligible 
     for Federal financial assistance provided under this 
     section.''; and
       (2) in section 9909 (15 U.S.C. 4659), by adding at the end 
     the following:
       ``(c) Lead Federal Agency and Cooperating Agencies.--
       ``(1) Definition.--In this subsection, the term `lead 
     agency' has the meaning given the term in section 111 of NEPA 
     (42 U.S.C. 4336e).

[[Page S4400]]

       ``(2) Option to serve as lead agency.--With respect to a 
     covered activity that is a major Federal action under NEPA, 
     and with respect to which the Department of Commerce is 
     authorized or required by law to issue an authorization or 
     take action for or relating to that covered activity, the 
     Department of Commerce shall have the first right to serve as 
     the lead agency with respect to that covered activity under 
     NEPA.
       ``(d) Categorical Exclusions.--
       ``(1) Establishment of categorical exclusions.--Each of the 
     following categorical exclusions is established for the 
     National Institute of Standards and Technology with respect 
     to a covered activity and, beginning on the date of enactment 
     of this subsection, is available for use by the Secretary 
     with respect to a covered activity:
       ``(A) Categorical exclusion 17.04.d (relating to the 
     acquisition of machinery and equipment) in the document 
     entitled `EDA Program to Implement the National Environmental 
     Policy Act of 1969 and Other Federal Environmental Mandates 
     As Required' (Directive No. 17.02-2; effective date October 
     14, 1992).
       ``(B) Categorical exclusion A9 in Appendix A to subpart D 
     of part 1021 of title 10, Code of Federal Regulations, or any 
     successor regulation.
       ``(C) Categorical exclusions B1.24, B1.31, B2.5, and B5.1 
     in Appendix B to subpart D of part 1021 of title 10, Code of 
     Federal Regulations, or any successor regulation.
       ``(D) The categorical exclusions described in paragraphs 
     (4) and (13) of section 50.19(b) of title 24, Code of Federal 
     Regulations, or any successor regulation.
       ``(E) Categorical exclusion (c)(1) in Appendix B to part 
     651 of title 32, Code of Federal Regulations, or any 
     successor regulation.
       ``(F) Categorical exclusions A2.3.8 and A2.3.14 in Appendix 
     B to part 989 of title 32, Code of Federal Regulations, or 
     any successor regulation.
       ``(2) Additional categorical exclusions.--Notwithstanding 
     any other provision of law, each of the following shall be 
     treated as a category of action categorically excluded from 
     the requirements relating to environmental assessments and 
     environmental impact statements under section 1501.4 of title 
     40, Code of Federal Regulations, or any successor regulation:
       ``(A) The provision by the Secretary of any Federal 
     financial assistance for a project described in section 9902, 
     if the facility that is the subject of the project is on or 
     adjacent to a site--
       ``(i) that is owned or leased by the covered entity to 
     which Federal financial assistance is provided for that 
     project; and
       ``(ii) on which, as of the date on which the Secretary 
     provides that Federal financial assistance, substantially 
     similar construction, expansion, or modernization is being or 
     has been carried out, such that the facility would not more 
     than double existing developed acreage or on-site supporting 
     infrastructure.
       ``(B) The provision by the Secretary of Defense of any 
     Federal financial assistance relating to--
       ``(i) the creation, expansion, or modernization of one or 
     more facilities described in the second sentence of section 
     9903(a)(1); or
       ``(ii) carrying out section 9903(b), as in effect on the 
     date of enactment of this subsection.
       ``(C) Any activity undertaken by the Secretary relating to 
     carrying out section 9906, as in effect on the date of 
     enactment of this subsection.
       ``(e) Incorporation of Prior Planning Decisions.--
       ``(1) Definition.--In this subsection, the term `prior 
     studies and decisions' means baseline data, planning 
     documents, studies, analyses, decisions, and documentation 
     that a Federal agency has completed for a project (or that 
     have been completed under the laws and procedures of a State 
     or Indian Tribe), including for determining the reasonable 
     range of alternatives for that project.
       ``(2) Reliance on prior studies and decisions.--In 
     completing an environmental review under NEPA for a covered 
     activity, the Secretary may consider and, as appropriate, 
     rely on or adopt prior studies and decisions, if the 
     Secretary determines that--
       ``(A) those prior studies and decisions meet the standards 
     for an adequate statement, assessment, or determination under 
     applicable procedures of the Department of Commerce 
     implementing the requirements of NEPA;
       ``(B) in the case of prior studies and decisions completed 
     under the laws and procedures of a State or Indian Tribe, 
     those laws and procedures are of equal or greater rigor than 
     those of each applicable Federal law, including NEPA, 
     implementing procedures of the Department of Commerce; or
       ``(C) if applicable, the prior studies and decisions are 
     informed by other analysis or documentation that would have 
     been prepared if the prior studies and decisions were 
     prepared by the Secretary under NEPA.
       ``(f) Definitions.--In this section:
       ``(1) Covered activity.--The term `covered activity' means 
     any activity relating to the construction, expansion, or 
     modernization of a facility, the investment in which is 
     eligible for Federal financial assistance under section 9902 
     or 9906.
       ``(2) NEPA.--The term `NEPA' means the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
                                 ______
                                 
  SA 2159. Mr. PETERS (for himself and Mr. Johnson) 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. COUNTER-UAS AUTHORITIES.

       (a) Short Title.--This section may be cited as the 
     ``Safeguarding the Homeland from the Threats Posed by 
     Unmanned Aircraft Systems Act of 2024''.
       (b) Department of Homeland Security and Department of 
     Justice Unmanned Aircraft System Detection and Mitigation 
     Enforcement Authority.--Subtitle A of title II of the 
     Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is 
     amended by striking section 210G (6 U.S.C. 124n) and 
     inserting the following:

     ``SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
                   UNMANNED AIRCRAFT.

       ``(a) Definitions.--In this section:
       ``(1) The term `air navigation facility' has the meaning 
     given the term in section 40102(a) of title 49, United States 
     Code.
       ``(2) The term `airport' has the meaning given the term in 
     section 47102 of title 49, United States Code.
       ``(3) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Commerce, Science, and 
     Transportation, and the Committee on the Judiciary of the 
     Senate; and
       ``(B) the Committee on Homeland Security, the Committee on 
     Transportation and Infrastructure, the Committee on Oversight 
     and Accountability, the Committee on Energy and Commerce, and 
     the Committee on the Judiciary of the House of 
     Representatives.
       ``(4) The term `budget', with respect to a fiscal year, 
     means the budget for that fiscal year that is submitted to 
     Congress by the President under section 1105(a) of title 31, 
     United States Code.
       ``(5) The term `covered facility or asset' means any 
     facility or asset that--
       ``(A) is identified as high-risk and a potential target for 
     unlawful unmanned aircraft or unmanned aircraft system 
     activity by the Secretary or the Attorney General, or by the 
     chief executive of the jurisdiction in which a State, local, 
     Tribal, or territorial law enforcement agency designated 
     pursuant to subsection (d)(2) operates after review and 
     approval of the Secretary or the Attorney General, in 
     coordination with the Secretary of Transportation with 
     respect to potentially impacted airspace, through a risk-
     based assessment for purposes of this section (except that in 
     the case of the missions described in clauses (i)(II) and 
     (iii)(I) of subparagraph (C), such missions shall be presumed 
     to be for the protection of a facility or asset that is 
     assessed to be high-risk and a potential target for unlawful 
     unmanned aircraft or unmanned aircraft system activity);
       ``(B) is located in the United States; and
       ``(C) directly relates to 1 or more--
       ``(i) missions authorized to be performed by the 
     Department, consistent with governing statutes, regulations, 
     and orders issued by the Secretary, pertaining to--

       ``(I) security or protection functions of U.S. Customs and 
     Border Protection, including securing or protecting 
     facilities, aircraft, and vessels, whether moored or 
     underway;
       ``(II) United States Secret Service protection operations 
     pursuant to sections 3056(a) and 3056A(a) of title 18, United 
     States Code, and the Presidential Protection Assistance Act 
     of 1976 (18 U.S.C. 3056 note);
       ``(III) protection of facilities pursuant to section 
     1315(a) of title 40, United States Code;
       ``(IV) transportation security functions of the 
     Transportation Security Administration; or
       ``(V) the security or protection functions for facilities, 
     assets, and operations of Homeland Security Investigations;

       ``(ii) missions authorized to be performed by the 
     Department of Justice, consistent with governing statutes, 
     regulations, and orders issued by the Attorney General, 
     pertaining to--

       ``(I) personal protection operations by--

       ``(aa) the Federal Bureau of Investigation as specified in 
     section 533 of title 28, United States Code; or
       ``(bb) the United States Marshals Service as specified in 
     section 566 of title 28, United States Code;

       ``(II) protection of penal, detention, and correctional 
     facilities and operations conducted by the Federal Bureau of 
     Prisons and prisoner operations and transport conducted by 
     the United States Marshals Service;
       ``(III) protection of the buildings and grounds leased, 
     owned, or operated by or for the Department of Justice, and 
     the provision of security for Federal courts, as specified in 
     section 566 of title 28, United States Code; or
       ``(IV) protection of an airport or air navigation facility;

       ``(iii) missions authorized to be performed by the 
     Department or the Department of Justice, acting together or 
     separately, consistent with governing statutes, regulations, 
     and orders issued by the Secretary or the Attorney General, 
     respectively, pertaining to--

[[Page S4401]]

       ``(I) protection of National Special Security Events and 
     Special Event Assessment Rating events;
       ``(II) the provision of support to a State, local, Tribal, 
     or territorial law enforcement agency, upon request of the 
     chief executive officer of the State or territory, to ensure 
     protection of people and property at mass gatherings, that is 
     limited to a specified duration and location, within 
     available resources, and without delegating any authority 
     under this section to State, local, Tribal, or territorial 
     law enforcement;
       ``(III) protection of an active Federal law enforcement 
     investigation, emergency response, or security function, that 
     is limited to a specified duration and location; or
       ``(IV) the provision of security or protection support to 
     critical infrastructure owners or operators, for static 
     critical infrastructure facilities and assets upon the 
     request of the owner or operator;

       ``(iv) missions authorized to be performed by the United 
     States Coast Guard, including those described in clause (iii) 
     as directed by the Secretary, and as further set forth in 
     section 528 of title 14, United States Code, and consistent 
     with governing statutes, regulations, and orders issued by 
     the Secretary of the Department in which the Coast Guard is 
     operating; and
       ``(v) responsibilities of State, local, Tribal, and 
     territorial law enforcement agencies designated pursuant to 
     subsection (d)(2) pertaining to--

       ``(I) protection of National Special Security Events and 
     Special Event Assessment Rating events or other mass 
     gatherings in the jurisdiction of the State, local, Tribal, 
     or territorial law enforcement agency;
       ``(II) protection of critical infrastructure assessed by 
     the Secretary as high-risk for unmanned aircraft systems or 
     unmanned aircraft attack or disruption, including airports in 
     the jurisdiction of the State, local, Tribal, or territorial 
     law enforcement agency;
       ``(III) protection of government buildings, assets, or 
     facilities in the jurisdiction of the State, local, Tribal, 
     or territorial law enforcement agency; or
       ``(IV) protection of disaster response in the jurisdiction 
     of the State, local, Tribal, or territorial law enforcement 
     agency.

       ``(6) The term `critical infrastructure' has the meaning 
     given the term in section 1016(e) of the Critical 
     Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
       ``(7) The terms `electronic communication', `intercept', 
     `oral communication', and `wire communication' have the 
     meanings given those terms in section 2510 of title 18, 
     United States Code.
       ``(8) The term `homeland security or justice budget 
     materials', with respect to a fiscal year, means the 
     materials submitted to Congress by the Secretary and the 
     Attorney General in support of the budget for that fiscal 
     year.
       ``(9)(A) The term `personnel' means--
       ``(i) an officer, employee, or contractor of the Department 
     or the Department of Justice, who is authorized to perform 
     duties that include safety, security, or protection of 
     people, facilities, or assets; or
       ``(ii) an employee who--
       ``(I) is authorized to perform law enforcement and security 
     functions on behalf of a State, local, Tribal, or territorial 
     law enforcement agency designated under subsection (d)(2); 
     and
       ``(II) is trained and certified to perform those duties, 
     including training specific to countering unmanned aircraft 
     threats and mitigating risks in the national airspace, 
     including with respect to protecting privacy and civil 
     liberties.
       ``(B) To qualify for use of the authorities described in 
     subsection (b) or (c), respectively, a contractor conducting 
     operations described in those subsections shall--
       ``(i) be directly contracted by the Department or the 
     Department of Justice;
       ``(ii) operate at a government-owned or government-leased 
     facility or asset;
       ``(iii) not conduct inherently governmental functions;
       ``(iv) be trained to safeguard privacy and civil liberties; 
     and
       ``(v) be trained and certified by the Department or the 
     Department of Justice to meet the established guidance and 
     regulations of the Department or the Department of Justice, 
     respectively.
       ``(C) For purposes of subsection (c)(1), the term 
     `personnel' includes any officer, employee, or contractor who 
     is authorized to perform duties that include the safety, 
     security, or protection of people, facilities, or assets, 
     of--
       ``(i) a State, local, Tribal, or territorial law 
     enforcement agency; and
       ``(ii) an owner or operator of an airport or critical 
     infrastructure.
       ``(10) The term `risk-based assessment' means an evaluation 
     of threat information specific to a covered facility or asset 
     and, with respect to potential impacts on the safety and 
     efficiency of the national airspace system and the needs of 
     law enforcement and national security at each covered 
     facility or asset identified by the Secretary or the Attorney 
     General, respectively, of each of the following factors:
       ``(A) Potential impacts to safety, efficiency, and use of 
     the national airspace system, including potential effects on 
     manned aircraft and unmanned aircraft systems or unmanned 
     aircraft, aviation safety, airport operations, 
     infrastructure, and air navigation services relating to the 
     use of any system or technology for carrying out the actions 
     described in subsection (e)(2).
       ``(B) Options for mitigating any identified impacts to the 
     national airspace system relating to the use of any system or 
     technology, including minimizing, when possible, the use of 
     any technology that disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (e)(2).
       ``(C) Potential consequences of the impacts of any actions 
     taken under subsection (e)(2) to the national airspace system 
     and infrastructure if not mitigated.
       ``(D) The ability to provide reasonable advance notice to 
     aircraft operators consistent with the safety of the national 
     airspace system and the needs of law enforcement and national 
     security.
       ``(E) The setting and character of any covered facility or 
     asset, including--
       ``(i) whether the covered facility or asset is located in a 
     populated area or near other structures;
       ``(ii) whether the covered facility or asset is open to the 
     public;
       ``(iii) whether the covered facility or asset is used for 
     nongovernmental functions; and
       ``(iv) any potential for interference with wireless 
     communications or for injury or damage to persons or 
     property.
       ``(F) The setting, character, duration, and national 
     airspace system impacts of National Special Security Events 
     and Special Event Assessment Rating events, to the extent not 
     already discussed in the National Special Security Event and 
     Special Event Assessment Rating nomination process.
       ``(G) Potential consequences to national security, public 
     safety, or law enforcement if threats posed by unmanned 
     aircraft systems or unmanned aircraft are not mitigated or 
     defeated.
       ``(H) Civil rights and civil liberties guaranteed by the 
     First and Fourth Amendments to the Constitution of the United 
     States.
       ``(11) The terms `unmanned aircraft' and `unmanned aircraft 
     system' have the meanings given those terms in section 44801 
     of title 49, United States Code.
       ``(b) Authority of the Department of Homeland Security and 
     Department of Justice.--Notwithstanding section 46502 of 
     title 49, United States Code, or sections 32, 1030, 1367, and 
     chapters 119 and 206 of title 18, United States Code, the 
     Secretary and the Attorney General may, for their respective 
     Departments, take, and may authorize personnel with assigned 
     duties that include the safety, security, or protection of 
     people, facilities, or assets to take, actions described in 
     subsection (e)(2) that are necessary to detect, identify, 
     monitor, track, and mitigate a credible threat (as defined by 
     the Secretary and the Attorney General, in consultation with 
     the Secretary of Transportation, acting through the 
     Administrator of the Federal Aviation Administration) that an 
     unmanned aircraft system or unmanned aircraft poses to the 
     safety or security of a covered facility or asset.
       ``(c) Additional Limited Authority for Detection, 
     Identification, Monitoring, and Tracking.--
       ``(1) In general.--Subject to paragraphs (2) and (3), and 
     notwithstanding sections 1030 and 1367 and chapters 119 and 
     206 of title 18, United States Code, any State, local, 
     Tribal, or territorial law enforcement agency, the Department 
     of Justice, the Department, and any owner or operator of an 
     airport or critical infrastructure may authorize personnel, 
     with assigned duties that include the safety, security, or 
     protection of people, facilities, or assets, to use equipment 
     authorized under this subsection to take actions described in 
     subsection (e)(1) that are necessary to detect, identify, 
     monitor, or track an unmanned aircraft system or unmanned 
     aircraft within the respective areas of responsibility or 
     jurisdiction of the authorized personnel.
       ``(2) Authorized equipment.--Equipment authorized for 
     unmanned aircraft system detection, identification, 
     monitoring, or tracking under this subsection shall be 
     limited to systems or technologies--
       ``(A) tested and evaluated by the Department or the 
     Department of Justice, including evaluation of any potential 
     counterintelligence or cybersecurity risks;
       ``(B) that are annually reevaluated for any changes in 
     risks, including counterintelligence and cybersecurity risks;
       ``(C) determined by the Federal Communications Commission 
     and the National Telecommunications and Information 
     Administration not to adversely impact the use of the 
     communications spectrum;
       ``(D) determined by the Federal Aviation Administration not 
     to adversely impact the use of the aviation spectrum or 
     otherwise adversely impact the national airspace system; and
       ``(E) that are included on a list of authorized equipment 
     maintained by the Department, in coordination with the 
     Department of Justice, the Federal Aviation Administration, 
     the Federal Communications Commission, and the National 
     Telecommunications and Information Administration.
       ``(3) State, local, tribal, and territorial compliance.--
     Each State, local, Tribal, or territorial law enforcement 
     agency or owner or operator of an airport or critical 
     infrastructure acting pursuant to this subsection shall--
       ``(A) prior to any such action, issue a written policy 
     certifying compliance with the privacy protections of 
     subparagraphs (A) through (D) of subsection (j)(2);

[[Page S4402]]

       ``(B) certify compliance with such policy to the Secretary 
     and the Attorney General annually, and immediately notify the 
     Secretary and Attorney General of any noncompliance with such 
     policy or the privacy protections of subparagraphs (A) 
     through (D) of subsection (j)(2); and
       ``(C) comply with any additional guidance issued by the 
     Secretary or the Attorney General relating to implementation 
     of this subsection.
       ``(4) Prohibition.--Nothing in this subsection shall be 
     construed to authorize the taking of any action described in 
     subsection (e) other than the actions described in paragraph 
     (1) of that subsection.
       ``(d) Pilot Program for State, Local, Tribal, and 
     Territorial Law Enforcement.--
       ``(1) In general.--The Secretary and the Attorney General 
     may carry out a pilot program to evaluate the potential 
     benefits of State, local, , and territorial law enforcement 
     agencies taking actions that are necessary to mitigate a 
     credible threat (as defined by the Secretary and the Attorney 
     General, in consultation with the Secretary of 
     Transportation, acting through the Administrator of the 
     Federal Aviation Administration) that an unmanned aircraft 
     system or unmanned aircraft poses to the safety or security 
     of a covered facility or asset.
       ``(2) Designation.--
       ``(A) In general.--The Secretary or the Attorney General, 
     with the concurrence of the Secretary of Transportation 
     (acting through the Administrator of the Federal Aviation 
     Administration), may, under the pilot program established 
     under paragraph (1), designate 1 or more State, local, , or 
     territorial law enforcement agencies approved by the 
     respective chief executive officer of the State, local, , or 
     territorial law enforcement agency to engage in the 
     activities authorized in paragraph (4) under the direct 
     oversight of the Department or the Department of Justice, in 
     carrying out the responsibilities authorized under subsection 
     (a)(5)(C)(v).
       ``(B) Designation process.--
       ``(i) Number of agencies and duration.--On and after the 
     date that is 180 days after the date of enactment of the 
     Safeguarding the Homeland from the Threats Posed by Unmanned 
     Aircraft Systems Act of 2024, the Secretary and the Attorney 
     General, pursuant to subparagraph (A), may designate a 
     combined total of not more than 12 State, local, , and 
     territorial law enforcement agencies for participation in the 
     pilot program, and may designate 12 additional State, local, 
     , and territorial law enforcement agencies each year 
     thereafter, provided that not more than 60 State, local, , 
     and territorial law enforcement agencies in total may be 
     designated during the 5-year period of the pilot program.
       ``(ii) Revocation.--The Secretary and the Attorney General, 
     in consultation with the Secretary of Transportation (acting 
     through the Administrator of the Federal Aviation 
     Administration)--

       ``(I) may revoke a designation under subparagraph (A) if 
     the Secretary, Attorney General, and Secretary of 
     Transportation (acting through the Administrator of the 
     Federal Aviation Administration) concur in the revocation; 
     and
       ``(II) shall revoke a designation under subparagraph (A) if 
     the Secretary, the Attorney General, or the Secretary of 
     Transportation (acting through the Administrator of the 
     Federal Aviation Administration) withdraws concurrence.

       ``(3) Termination of pilot program.--
       ``(A) Designation.--The authority to designate an agency 
     for inclusion in the pilot program established under this 
     subsection shall terminate 5 years after the date that is 180 
     days after the date of enactment of the Safeguarding the 
     Homeland from the Threats Posed by Unmanned Aircraft Systems 
     Act of 2024.
       ``(B) Authority of pilot program agencies.--The authority 
     of an agency designated under the pilot program established 
     under this subsection to exercise any of the authorities 
     granted under the pilot program shall terminate not later 
     than 6 years after the date that is 180 days after the date 
     of enactment of the Safeguarding the Homeland from the 
     Threats Posed by Unmanned Aircraft Systems Act of 2024, or 
     upon revocation pursuant to paragraph (2)(B)(ii).
       ``(4) Authorization.--Notwithstanding section 46502 of 
     title 49, United States Code, or sections 32, 1030, 1367, and 
     chapters 119 and 206 of title 18, United States Code, any 
     State, local, , or territorial law enforcement agency 
     designated pursuant to paragraph (2) may authorize personnel 
     with assigned duties that include the safety, security, or 
     protection of people, facilities, or assets to take such 
     actions as are described in subsection (e)(2) that are 
     necessary to detect, identify, monitor, track, or mitigate a 
     credible threat (as defined by the Secretary and the Attorney 
     General, in consultation with the Secretary of 
     Transportation, acting through the Administrator of the 
     Federal Aviation Administration) that an unmanned aircraft 
     system or unmanned aircraft poses to the safety or security 
     of a covered facility or asset in carrying out the 
     responsibilities authorized under subsection (a)(5)(C)(v).
       ``(5) Exemption.--
       ``(A) In general.--Subject to subparagraph (B), the Chair 
     of the Federal Communications Commission, in consultation 
     with the Administrator of the National Telecommunications and 
     Information Administration, shall implement a process for 
     considering the exemption of 1 or more law enforcement 
     agencies designated under paragraph (2), or any station 
     operated by the agency, from any provision of title III of 
     the Communications Act of 1934 (47 U.S.C. 151 et seq.) to the 
     extent that the designated law enforcement agency takes such 
     actions as are described in subsection (e)(2) and may 
     establish conditions or requirements for such exemption.
       ``(B) Requirements.--The Chair of the Federal 
     Communications Commission, in consultation with the 
     Administrator of the National Telecommunications and 
     Information Administration, may grant an exemption under 
     subparagraph (A) only if the Chair of the Federal 
     Communications Commission in consultation with the 
     Administrator of the National Telecommunications and 
     Information Administration finds that the grant of an 
     exemption--
       ``(i) is necessary to achieve the purposes of this 
     subsection; and
       ``(ii) will serve the public interest.
       ``(C) Revocation.--Any exemption granted under subparagraph 
     (A) shall terminate automatically if the designation granted 
     to the law enforcement agency under paragraph (2)(A) is 
     revoked by the Secretary or the Attorney General under 
     paragraph (2)(B)(ii) or is terminated under paragraph (3)(B).
       ``(6) Reporting.--Not later than 2 years after the date on 
     which the first law enforcement agency is designated under 
     paragraph (2), and annually thereafter for the duration of 
     the pilot program, the Secretary and the Attorney General 
     shall inform the appropriate committees of Congress in 
     writing of the use by any State, local, , or territorial law 
     enforcement agency of any authority granted pursuant to 
     paragraph (4), including a description of any privacy or 
     civil liberties complaints known to the Secretary or Attorney 
     General in connection with the use of that authority by the 
     designated agencies.
       ``(7) Restrictions.--Any entity acting pursuant to the 
     authorities granted under this subsection--
       ``(A) may do so only using equipment authorized by the 
     Department, in coordination with the Department of Justice, 
     the Federal Communications Commission, the National 
     Telecommunications and Information Administration, and the 
     Department of Transportation (acting through the Federal 
     Aviation Administration) according to the criteria described 
     in subsection (c)(2);
       ``(B) shall, prior to any such action, issue a written 
     policy certifying compliance with the privacy protections of 
     subparagraphs (A) through (D) of subsection (j)(2);
       ``(C) shall ensure that all personnel undertaking any 
     actions listed under this subsection are properly trained in 
     accordance with the criteria that the Secretary and Attorney 
     General shall collectively establish, in consultation with 
     the Secretary of Transportation, the Administrator of the 
     Federal Aviation Administration, the Chair of the Federal 
     Communications Commission, the Assistant Secretary of 
     Commerce for Communications and Information, and the 
     Administrator of the National Telecommunications and 
     Information Administration; and
       ``(D) shall comply with any additional guidance relating to 
     compliance with this subsection issued by the Secretary or 
     Attorney General.
       ``(e) Actions Described.--
       ``(1) In general.--The actions authorized under subsection 
     (c) that may be taken by a State, local, , or territorial law 
     enforcement agency, the Department, the Department of 
     Justice, and any owner or operator of an airport or critical 
     infrastructure, are limited to actions during the operation 
     of an unmanned aircraft system, to detect, identify, monitor, 
     and track the unmanned aircraft system or unmanned aircraft, 
     without prior consent, including by means of intercept or 
     other access of a wire communication, an oral communication, 
     or an electronic communication used to control the unmanned 
     aircraft system or unmanned aircraft.
       ``(2) Clarification.--The actions authorized in subsections 
     (b) and (d)(4) are the following:
       ``(A) During the operation of the unmanned aircraft system 
     or unmanned aircraft, detect, identify, monitor, and track 
     the unmanned aircraft system or unmanned aircraft, without 
     prior consent, including by means of intercept or other 
     access of a wire communication, an oral communication, or an 
     electronic communication used to control the unmanned 
     aircraft system or unmanned aircraft.
       ``(B) Warn the operator of the unmanned aircraft system or 
     unmanned aircraft, including by passive or active, and direct 
     or indirect, physical, electronic, radio, and electromagnetic 
     means.
       ``(C) Disrupt control of the unmanned aircraft system or 
     unmanned aircraft, without prior consent of the operator of 
     the unmanned aircraft system or unmanned aircraft, including 
     by disabling the unmanned aircraft system or unmanned 
     aircraft by intercepting, interfering, or causing 
     interference with wire, oral, electronic, or radio 
     communications used to control the unmanned aircraft system 
     or unmanned aircraft.
       ``(D) Seize or exercise control of the unmanned aircraft 
     system or unmanned aircraft.
       ``(E) Seize or otherwise confiscate the unmanned aircraft 
     system or unmanned aircraft.
       ``(F) Use reasonable force, if necessary, to disable, 
     damage, or destroy the unmanned aircraft system or unmanned 
     aircraft.

[[Page S4403]]

       ``(f) Research, Testing, Training, and Evaluation.--
       ``(1) Requirement.--
       ``(A) In general.--Notwithstanding section 46502 of title 
     49, United States Code, or any provision of title 18, United 
     States Code, the Secretary, the Attorney General, and the 
     heads of the State, local, , or territorial law enforcement 
     agencies designated pursuant to subsection (d)(2) shall 
     conduct research, testing, and training on, and evaluation 
     of, any equipment, including any electronic equipment, to 
     determine the capability and utility of the equipment prior 
     to the use of the equipment in carrying out any action 
     described in subsection (e).
       ``(B) Coordination.--Personnel and contractors who do not 
     have duties that include the safety, security, or protection 
     of people, facilities, or assets may engage in research, 
     testing, training, and evaluation activities pursuant to 
     subparagraph (A).
       ``(2) Training of federal, state, local, territorial, and 
     tribal law enforcement personnel.--The Attorney General, 
     acting through the Director of the Federal Bureau of 
     Investigation, may--
       ``(A) provide training relating to measures to mitigate a 
     credible threat that an unmanned aircraft or unmanned 
     aircraft system poses to the safety or security of a covered 
     facility or asset to any personnel who are authorized to take 
     such measures, including personnel authorized to take the 
     actions described in subsection (e); and
       ``(B) establish or designate 1 or more facilities or 
     training centers for the purpose described in subparagraph 
     (A).
       ``(3) Coordination for research, testing, training, and 
     evaluation.--
       ``(A) In general.--The Secretary, the Attorney General, and 
     the heads of the State, local, , or territorial law 
     enforcement agencies designated pursuant to subsection (d)(2) 
     shall coordinate procedures governing research, testing, 
     training, and evaluation to carry out any provision under 
     this subsection with the Administrator of the Federal 
     Aviation Administration before initiating such activity in 
     order that the Administrator of the Federal Aviation 
     Administration may ensure the activity does not adversely 
     impact or interfere with safe airport operations, navigation, 
     air traffic services, or the safe and efficient operation of 
     the national airspace system.
       ``(B) Additional requirement.--Each head of a State, local, 
     , or territorial law enforcement agency designated pursuant 
     to subsection (d)(2) shall coordinate the procedures 
     governing research, testing, training, and evaluation of the 
     law enforcement agency through the Secretary and the Attorney 
     General, in coordination with the Federal Aviation 
     Administration.
       ``(g) Forfeiture.--Any unmanned aircraft system or unmanned 
     aircraft that is lawfully seized by the Secretary or the 
     Attorney General pursuant to subsection (b) is subject to 
     forfeiture to the United States pursuant to the provisions of 
     chapter 46 of title 18, United States Code.
       ``(h) Regulations and Guidance.--The Secretary, the 
     Attorney General, and the Secretary of Transportation--
       ``(1) may prescribe regulations and shall issue guidance in 
     the respective areas of each Secretary or the Attorney 
     General to carry out this section; and
       ``(2) in developing regulations and guidance described in 
     paragraph (1), shall consult the Chair of the Federal 
     Communications Commission, the Administrator of the National 
     Telecommunications and Information Administration, and the 
     Administrator of the Federal Aviation Administration.
       ``(i) Coordination.--
       ``(1) In general.--The Secretary and the Attorney General 
     shall coordinate with the Administrator of the Federal 
     Aviation Administration before carrying out any action 
     authorized under this section in order that the Administrator 
     may ensure the action does not adversely impact or interfere 
     with--
       ``(A) safe airport operations;
       ``(B) navigation;
       ``(C) air traffic services; or
       ``(D) the safe and efficient operation of the national 
     airspace system.
       ``(2) Guidance.--Before issuing any guidance, or otherwise 
     implementing this section, the Secretary or the Attorney 
     General shall each coordinate with--
       ``(A) the Secretary of Transportation in order that the 
     Secretary of Transportation may ensure the guidance or 
     implementation does not adversely impact or interfere with 
     any critical infrastructure relating to transportation; and
       ``(B) the Administrator of the Federal Aviation 
     Administration in order that the Administrator may ensure the 
     guidance or implementation does not adversely impact or 
     interfere with--
       ``(i) safe airport operations;
       ``(ii) navigation;
       ``(iii) air traffic services; or
       ``(iv) the safe and efficient operation of the national 
     airspace system.
       ``(3) Coordination with the faa.--The Secretary and the 
     Attorney General shall coordinate the development of their 
     respective guidance under subsection (h) with the Secretary 
     of Transportation (acting through the Administrator of the 
     Federal Aviation Administration).
       ``(4) Coordination with the department of transportation 
     and national telecommunications and information 
     administration.--The Secretary and the Attorney General, and 
     the heads of any State, local, , or territorial law 
     enforcement agencies designated pursuant to subsection 
     (d)(2), through the Secretary and the Attorney General, shall 
     coordinate the development for their respective departments 
     or agencies of the actions described in subsection (e) with 
     the Secretary of Transportation (acting through the 
     Administrator of the Federal Aviation Administration), the 
     Assistant Secretary of Commerce for Communications and 
     Information, and the Administrator of the National 
     Telecommunications and Information Administration.
       ``(5) State, local, tribal, and territorial 
     implementation.--Prior to taking any action authorized under 
     subsection (d)(4), each head of a State, local, Tribal, or 
     territorial law enforcement agency designated under 
     subsection (d)(2) shall coordinate, through the Secretary and 
     the Attorney General--
       ``(A) with the Secretary of Transportation in order that 
     the Administrators of non-aviation modes of the Department of 
     Transportation may evaluate whether the action may have 
     adverse impacts on critical infrastructure relating to non-
     aviation transportation;
       ``(B) with the Administrator of the Federal Aviation 
     Administration in order that the Administrator may ensure the 
     action will not adversely impact or interfere with--
       ``(i) safe airport operations;
       ``(ii) navigation;
       ``(iii) air traffic services; or
       ``(iv) the safe and efficient operation of the national 
     airspace system; and
       ``(C) to allow the Department and the Department of Justice 
     to ensure that any action authorized by this section is 
     consistent with Federal law enforcement or in the interest of 
     national security.
       ``(j) Privacy Protection.--
       ``(1) In general.--Any regulation or guidance issued to 
     carry out an action under subsection (e) by the Secretary or 
     the Attorney General shall ensure for the Department or the 
     Department of Justice, respectively, that--
       ``(A) the interception of, acquisition of, access to, 
     maintenance of, or use of any communication to or from an 
     unmanned aircraft system or unmanned aircraft under this 
     section is conducted in a manner consistent with the First 
     and Fourth Amendments to the Constitution of the United 
     States and any applicable provision of Federal law;
       ``(B) any communication to or from an unmanned aircraft 
     system or unmanned aircraft are intercepted or acquired only 
     to the extent necessary to support an action described in 
     subsection (e);
       ``(C) any record of a communication described in 
     subparagraph (B) is maintained only for as long as necessary, 
     and in no event for more than 180 days, unless the Secretary 
     or the Attorney General, as applicable, determines that 
     maintenance of the record is--
       ``(i) required under Federal law;
       ``(ii) necessary for the purpose of litigation; and
       ``(iii) necessary to investigate or prosecute a violation 
     of law, including by--

       ``(I) directly supporting an ongoing security operation; or
       ``(II) protecting against dangerous or unauthorized 
     activity by unmanned aircraft systems or unmanned aircraft; 
     and

       ``(D) a communication described in subparagraph (B) is not 
     disclosed to any person not employed or contracted by the 
     Department or the Department of Justice unless the 
     disclosure--
       ``(i) is necessary to investigate or prosecute a violation 
     of law;
       ``(ii) will support--

       ``(I) the Department of Defense;
       ``(II) a Federal law enforcement, intelligence, or security 
     agency;
       ``(III) a State, local, Tribal, or territorial law 
     enforcement agency; or
       ``(IV) another relevant entity or person if the entity or 
     person is engaged in a security or protection operation;

       ``(iii) is necessary to support a department or agency 
     listed in clause (ii) in investigating or prosecuting a 
     violation of law;
       ``(iv) will support the enforcement activities of a Federal 
     regulatory agency relating to a criminal or civil 
     investigation of, or any regulatory, statutory, or other 
     enforcement action relating to, an action described in 
     subsection (e);
       ``(v) is between the Department and the Department of 
     Justice in the course of a security or protection operation 
     of either department or a joint operation of those 
     departments; or
       ``(vi) is otherwise required by law.
       ``(2) Local privacy protection.--In exercising any 
     authority described in subsection (c) or (d), a State, local, 
     Tribal, or territorial law enforcement agency designated 
     under subsection (d)(2) or owner or operator of an airport or 
     critical infrastructure shall ensure that--
       ``(A) the interception of, acquisition of, access to, 
     maintenance of, or use of communications to or from an 
     unmanned aircraft system or unmanned aircraft under this 
     section is conducted in a manner consistent with--
       ``(i) the First and Fourth Amendments to the Constitution 
     of the United States; and
       ``(ii) applicable provisions of Federal law, and where 
     required, State, local, Tribal, and territorial law;
       ``(B) any communication to or from an unmanned aircraft 
     system or unmanned aircraft is intercepted or acquired only 
     to the extent necessary to support an action described in 
     subsection (e);

[[Page S4404]]

       ``(C) any record of a communication described in 
     subparagraph (B) is maintained only for as long as necessary, 
     and in no event for more than 180 days, unless the Secretary, 
     the Attorney General, or the head of a State, local, Tribal, 
     or territorial law enforcement agency designated under 
     subsection (d)(2) determines that maintenance of the record 
     is--
       ``(i) required to be maintained under Federal, State, 
     local, Tribal, or territorial law;
       ``(ii) necessary for the purpose of any litigation; or
       ``(iii) necessary to investigate or prosecute a violation 
     of law, including by--

       ``(I) directly supporting an ongoing security or protection 
     operation; or
       ``(II) protecting against dangerous or unauthorized 
     activity by an unmanned aircraft system or unmanned aircraft; 
     and

       ``(D) the communication is not disclosed outside the agency 
     or entity unless the disclosure--
       ``(i) is necessary to investigate or prosecute a violation 
     of law;
       ``(ii) would support the Department of Defense, a Federal 
     law enforcement, intelligence, or security agency, or a 
     State, local, Tribal, or territorial law enforcement agency;
       ``(iii) would support the enforcement activities of a 
     Federal regulatory agency in connection with a criminal or 
     civil investigation of, or any regulatory, statutory, or 
     other enforcement action relating to, an action described in 
     subsection (e);
       ``(iv) is to the Department or the Department of Justice in 
     the course of a security or protection operation of either 
     the Department or the Department of Justice, or a joint 
     operation of the Department and Department of Justice; or
       ``(v) is otherwise required by law.
       ``(k) Budget.--
       ``(1) In general.--The Secretary and the Attorney General 
     shall submit to Congress, as a part of the homeland security 
     or justice budget materials for each fiscal year after fiscal 
     year 2024, a consolidated funding display that identifies the 
     funding source for the actions described in subsection (e) 
     within the Department and the Department of Justice.
       ``(2) Classification.--Each funding display submitted under 
     paragraph (1) shall be in unclassified form but may contain a 
     classified annex.
       ``(l) Public Disclosures.--
       ``(1) In general.--Notwithstanding any provision of State, 
     local, Tribal, or territorial law, information shall be 
     governed by the disclosure obligations set forth in section 
     552 of title 5, United States Code (commonly known as the 
     `Freedom of Information Act'), if the information relates 
     to--
       ``(A) any capability, limitation, or sensitive detail of 
     the operation of any technology used to carry out an action 
     described in subsection (e)(1) of this section; or
       ``(B) an operational procedure or protocol used to carry 
     out this section.
       ``(2) State, local, tribal, or territorial agency use.--
       ``(A) Control.--Information described in paragraph (1) that 
     is obtained by a State, local, Tribal, or territorial law 
     enforcement agency from a Federal agency under this section--
       ``(i) shall remain subject to the control of the Federal 
     agency, notwithstanding that the State, local, Tribal, or 
     territorial law enforcement agency has the information 
     described in paragraph (1) in the possession of the State, 
     local, Tribal, or territorial law enforcement agency; and
       ``(ii) shall not be subject to any State, local, Tribal, or 
     territorial law authorizing or requiring disclosure of the 
     information described in paragraph (1).
       ``(B) Access.--Any request for public access to information 
     described in paragraph (1) shall be submitted to the 
     originating Federal agency, which shall process the request 
     as required under section 552(a)(3) of title 5, United States 
     Code.
       ``(m) Assistance and Support.--
       ``(1) Facilities and services of other agencies and non-
     federal entities.--
       ``(A) In general.--The Secretary and the Attorney General 
     are authorized to use or accept from any other Federal 
     agency, or any other public or private entity, any supply or 
     service to facilitate or carry out any action described in 
     subsection (e).
       ``(B) Reimbursement.--In accordance with subparagraph (A), 
     the Secretary and the Attorney General may accept any supply 
     or service with or without reimbursement to the entity 
     providing the supply or service and notwithstanding any 
     provision of law that would prevent the use or acceptance of 
     the supply or service.
       ``(C) Agreements.--To implement the requirements of 
     subsection (a)(5)(C), the Secretary or the Attorney General 
     may enter into 1 or more agreements with the head of another 
     executive agency or with an appropriate official of a non-
     Federal public or private agency or entity, as may be 
     necessary and proper to carry out the responsibilities of the 
     Secretary and Attorney General under this section.
       ``(2) Mutual support.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary and the Attorney General are authorized to provide 
     support or assistance, upon the request of a Federal agency 
     or department conducting--
       ``(i) a mission described in subsection (a)(5)(C);
       ``(ii) a mission described in section 130i of title 10, 
     United States Code; or
       ``(iii) a mission described in section 4510 of the Atomic 
     Energy Defense Act (50 U.S.C. 2661).
       ``(B) Requirements.--Any support or assistance provided by 
     the Secretary or the Attorney General shall only be granted--
       ``(i) for the purpose of fulfilling the roles and 
     responsibilities of the Federal agency or department that 
     made the request for the mission for which the request was 
     made;
       ``(ii) when exigent circumstances exist;
       ``(iii) for a specified duration and location;
       ``(iv) within available resources;
       ``(v) on a non-reimbursable basis; and
       ``(vi) in coordination with the Administrator of the 
     Federal Aviation Administration.
       ``(n) Semiannual Briefings and Notifications.--
       ``(1) In general.--On a semiannual basis beginning 180 days 
     after the date of enactment of the Safeguarding the Homeland 
     from the Threats Posed by Unmanned Aircraft Systems Act of 
     2024, the Secretary and the Attorney General shall each 
     provide a briefing to the appropriate committees of Congress 
     on the activities carried out pursuant to this section.
       ``(2) Requirement.--The Secretary and the Attorney General 
     each shall conduct the briefing required under paragraph (1) 
     jointly with the Secretary of Transportation.
       ``(3) Content.--Each briefing required under paragraph (1) 
     shall include--
       ``(A) policies, programs, and procedures to mitigate or 
     eliminate impacts of activities carried out pursuant to this 
     section to the national airspace system and other critical 
     infrastructure relating to national transportation;
       ``(B) a description of--
       ``(i) each instance in which any action described in 
     subsection (e) has been taken, including any instances that 
     may have resulted in harm, damage, or loss to a person or to 
     private property;
       ``(ii) the guidance, policies, or procedures established by 
     the Secretary or the Attorney General to address privacy, 
     civil rights, and civil liberties issues implicated by the 
     actions permitted under this section, as well as any changes 
     or subsequent efforts by the Secretary or the Attorney 
     General that would significantly affect privacy, civil 
     rights, or civil liberties;
       ``(iii) options considered and steps taken by the Secretary 
     or the Attorney General to mitigate any identified impacts to 
     the national airspace system relating to the use of any 
     system or technology, including the minimization of the use 
     of any technology that disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (e)(2); and
       ``(iv) each instance in which a communication intercepted 
     or acquired during the course of operations of an unmanned 
     aircraft system or unmanned aircraft was--

       ``(I) held in the possession of the Department or the 
     Department of Justice for more than 180 days; or
       ``(II) shared with any entity other than the Department or 
     the Department of Justice;

       ``(C) an explanation of how the Secretary, the Attorney 
     General, and the Secretary of Transportation have--
       ``(i) informed the public as to the possible use of 
     authorities granted under this section; and
       ``(ii) engaged with Federal, State, local, Tribal, and 
     territorial law enforcement agencies to implement and use 
     authorities granted under this section;
       ``(D) an assessment of whether any gaps or insufficiencies 
     remain in laws, regulations, and policies that impede the 
     ability of the Federal Government or State, local, Tribal, 
     and territorial governments and owners or operators of 
     critical infrastructure to counter the threat posed by the 
     malicious use of unmanned aircraft systems and unmanned 
     aircraft;
       ``(E) an assessment of efforts to integrate unmanned 
     aircraft system threat assessments within National Special 
     Security Event and Special Event Assessment Rating event 
     planning and protection efforts;
       ``(F) recommendations to remedy any gaps or insufficiencies 
     described in subparagraph (D), including recommendations 
     relating to necessary changes in law, regulations, or 
     policies;
       ``(G) a description of the impact of the authorities 
     granted under this section on--
       ``(i) lawful operator access to national airspace; and
       ``(ii) unmanned aircraft systems and unmanned aircraft 
     integration into the national airspace system; and
       ``(H) a summary from the Secretary of any data and results 
     obtained pursuant to subsection (r), including an assessment 
     of--
       ``(i) how the details of the incident were obtained; and
       ``(ii) whether the operation involved a violation of 
     Federal Aviation Administration aviation regulations.
       ``(4) Unclassified form.--Each briefing required under 
     paragraph (1) shall be in unclassified form but may be 
     accompanied by an additional classified briefing.
       ``(5) Notification.--
       ``(A) In general.--Not later than 30 days after an 
     authorized department, agency, or owner or operator of an 
     airport or critical infrastructure deploys any new technology 
     to carry out the actions described in subsection (e), the 
     Secretary and the Attorney General shall, individually or 
     jointly, as appropriate, submit a notification of the 
     deployment to the appropriate committees of Congress.

[[Page S4405]]

       ``(B) Contents.--Each notification submitted pursuant to 
     subparagraph (A) shall include a description of options 
     considered to mitigate any identified impacts to the national 
     airspace system relating to the use of any system or 
     technology, including the minimization of the use of any 
     technology that disrupts the transmission of radio or 
     electronic signals in carrying out the actions described in 
     subsection (e).
       ``(o) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) vest in the Secretary, the Attorney General, or any 
     State, local, Tribal, or territorial law enforcement agency 
     that is authorized under subsection (c) or designated under 
     subsection (d)(2) any authority of the Secretary of 
     Transportation or the Administrator of the Federal Aviation 
     Administration;
       ``(2) vest in the Secretary of Transportation, the 
     Administrator of the Federal Aviation Administration, or any 
     State, local, Tribal, or territorial law enforcement agency 
     designated under subsection (d)(2) any authority of the 
     Secretary or the Attorney General;
       ``(3) vest in the Secretary any authority of the Attorney 
     General;
       ``(4) vest in the Attorney General any authority of the 
     Secretary; or
       ``(5) provide a new basis of liability with respect to an 
     officer of a State, local, Tribal, or territorial law 
     enforcement agency designated under subsection (d)(2) or who 
     participates in the protection of a mass gathering identified 
     by the Secretary or Attorney General under subsection 
     (a)(5)(C)(iii)(II), who--
       ``(A) is acting in the official capacity of the individual 
     as an officer; and
       ``(B) does not exercise the authority granted to the 
     Secretary and the Attorney General by this section.
       ``(p) Termination.--
       ``(1) Termination of additional limited authority for 
     detection, identification, monitoring, and tracking.--The 
     authority to carry out any action authorized under subsection 
     (c), if performed by a non-Federal entity, shall terminate on 
     the date that is 5 years and 6 months after the date of 
     enactment of the Safeguarding the Homeland from the Threats 
     Posed by Unmanned Aircraft Systems Act of 2024 and the 
     authority under the pilot program established under 
     subsection (d) shall terminate as provided for in paragraph 
     (3) of that subsection.
       ``(2) Termination of authorities with respect to covered 
     facilities and assets.--The authority to carry out this 
     section with respect to a covered facility or asset shall 
     terminate on the date that is 7 years after the date of 
     enactment of the Safeguarding the Homeland from the Threats 
     Posed by Unmanned Aircraft Systems Act of 2024.
       ``(q) Scope of Authority.--Nothing in this section shall be 
     construed to provide the Secretary or the Attorney General 
     with any additional authority other than the authorities 
     described in subsections (a)(5)(C)(iii), (b), (c), (d), (f), 
     (m), and (r).
       ``(r) United States Government Database.--
       ``(1) Authorization.--The Department is authorized to 
     develop a Federal database to enable the transmission of data 
     concerning security-related incidents in the United States 
     involving unmanned aircraft and unmanned aircraft systems 
     between Federal, State, local, Tribal, and territorial law 
     enforcement agencies for purposes of conducting analyses of 
     such threats in the United States.
       ``(2) Policies, plans, and procedures.--
       ``(A) Coordination and consultation.--Before implementation 
     of the database developed under paragraph (1), the Secretary 
     shall develop policies, plans, and procedures for the 
     implementation of the database--
       ``(i) in coordination with the Attorney General, the 
     Secretary of Defense, and the Secretary of Transportation 
     (acting through the Administrator of the Federal Aviation 
     Administration); and
       ``(ii) in consultation with State, local, Tribal, and 
     territorial law enforcement agency representatives, including 
     representatives of fusion centers.
       ``(B) Reporting.--The policies, plans, and procedures 
     developed under subparagraph (A) shall include criteria for 
     Federal, State, local, Tribal, and territorial reporting of 
     unmanned aircraft systems or unmanned aircraft incidents.
       ``(C) Data retention.--The policies, plans, and procedures 
     developed under subparagraph (A) shall ensure that data on 
     security-related incidents in the United States involving 
     unmanned aircraft and unmanned aircraft systems that is 
     retained as criminal intelligence information is retained 
     based on the reasonable suspicion standard, as permitted 
     under part 23 of title 28, Code of Federal Regulations.''.
                                 ______
                                 
  SA 2160. Mr. SULLIVAN (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 H of title X, add the following:

     SEC. 1095. TECHNICAL CORRECTION RELATING TO COAST GUARD 
                   ACQUISITION OF ICEBREAKER.

       Section 11223(b)(2) of the Don Young Coast Guard 
     Authorization Act of 2022 (Public Law 117-263; 14 U.S.C. 561 
     note) is amended by striking ``shall apply'' and inserting 
     ``shall not apply''.
                                 ______
                                 
  SA 2161. Mr. SULLIVAN 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. CONTRACT MODIFICATIONS UNDER FOREIGN MILITARY 
                   SALES PROCESS.

       (a) In General.--A contract between the United States 
     Government and a manufacturer of United States defense 
     articles--
       (1) may be modified at any time for the purpose of the 
     acquisition of defense articles or services pursuant to a 
     letter of offer and acceptance with an eligible foreign 
     purchaser; and
       (2) shall not be subject to an annual limitations with 
     respect to the number of times the contract may be modified.
       (b) Costs.--Costs associated with a modification under 
     subsection (a) shall be paid by the eligible foreign 
     purchaser concerned.
                                 ______
                                 
  SA 2162. Mr. SULLIVAN 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. AGREEMENTS WITH MANUFACTURERS FOR ACQUISITION OF 
                   LONG-LEAD GOVERNMENT-FURNISHED EQUIPMENT UNDER 
                   FOREIGN MILITARY SALES PROCESS.

       (a) In General.--Notwithstanding any other provision of 
     law, including section 30 of the Arms Export Control Act (22 
     U.S.C. 2770), a United States prime contractor may enter into 
     a covered agreement with a manufacturer to begin the process 
     of acquiring long-lead Government-furnished equipment, 
     including sensitive and closely controlled items such as 
     communications security devices, military grade GPS, and 
     anti-spoofing devices, on forecast prior to the execution of 
     a signed commercial contract or issuance of a letter of offer 
     and acceptance.
       (b) Covered Agreement Defined.--In this paragraph, the term 
     ``covered agreement'' means an agreement between a United 
     States prime contractor and a manufacturer pursuant to 
     which--
       (1) the prime contractor, in anticipation of a foreign 
     military sale, contracts for the production by the 
     manufacturer of one or more articles that will be supplied to 
     the prime contractor as government-furnished equipment prior 
     to execution of a signed commercial contract or issuance of a 
     letter of offer and acceptance in connection with such sale;
       (2) the parties agree to the allocation of risks, 
     obligations, profits, and costs in the event the anticipated 
     foreign military sale does not occur, including whether the 
     articles manufactured under the agreement are retained by the 
     manufacturer for eventual supply to the prime contractor or a 
     third party in connection with a future foreign military sale 
     or other transaction; and
       (3) the United States Government assumes no liability with 
     respect to either party in the event the anticipated foreign 
     military sale does not occur.
       (c) Department of Defense Policy.--
       (1) In general.--The Secretary of Defense shall implement 
     policies, and ensure that the head of each military 
     department implements policies, that allow United States 
     prime contractors to enter into covered agreements with 
     manufacturers of Government-furnished equipment.
       (2) Elements.--The policies required by paragraph (1) shall 
     require that--
       (A) United States prime contractors shall be responsible 
     for--
       (i) negotiating directly with the manufacturer of 
     Government-furnished equipment, including with respect to the 
     terms and conditions described in subsection (b)(2); and
       (ii) providing any payment to such manufacturer; and
       (B) transfer of Government-furnished equipment from such 
     manufacturer to the primary contractor shall not occur until 
     the date on which a letter of offer and acceptance or 
     commercial contract is produced.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed as authorizing, requiring, or providing for the 
     United States Government to assume any liability or other 
     financial responsibility with respect to a covered agreement.
                                 ______
                                 
  SA 2163. Mr. SULLIVAN (for himself and Ms. Duckworth) submitted an 
amendment intended to be proposed by

[[Page S4406]]

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--STAND WITH TAIWAN ACT OF 2024

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Sanctions Targeting 
     Aggressors of Neighboring Democracies with Taiwan Act of 
     2024'' or the ``STAND with Taiwan Act of 2024''.

     SEC. 1702. FINDINGS.

       Congress makes the following findings:
       (1) Taiwan is a free and prosperous democracy of nearly 
     24,000,000 people, an important contributor to peace and 
     stability around the world, and continues to embody and 
     promote democratic values, freedom, and human rights in Asia.
       (2) The policy of the United States toward Taiwan is guided 
     by the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the 
     United States-People's Republic of China joint communiques 
     concluded in 1972, 1978, and 1982, and the Six Assurances 
     that President Ronald Reagan communicated to Taiwan in 1982.
       (3) Under section 2 of the Taiwan Relations Act (22 U.S.C. 
     3301), it is the policy of the United States--
       (A) ``to preserve and promote extensive, close, and 
     friendly commercial, cultural, and other relations between 
     the people of the United States and the people on Taiwan, as 
     well as the people on the China mainland and all other 
     peoples of the Western Pacific area'';
       (B) ``to declare that peace and stability in the area are 
     in the political, security, and economic interests of the 
     United States, and are matters of international concern'';
       (C) ``to make clear that the United States decision to 
     establish diplomatic relations with the People's Republic of 
     China rests upon the expectation that the future of Taiwan 
     will be determined by peaceful means'';
       (D) ``to consider any effort to determine the future of 
     Taiwan by other than peaceful means, including by boycotts or 
     embargoes, a threat to the peace and security of the Western 
     Pacific area and of grave concern to the United States'';
       (E) ``to provide Taiwan with arms of a defensive 
     character''; and
       (F) ``to maintain the capacity of the United States to 
     resist any resort to force or other forms of coercion that 
     would jeopardize the security, or the social or economic 
     system, of the people on Taiwan''.
       (4) For decades and increasingly since the election of 
     President Tsai Ing-wen as President of Taiwan in 2016, the 
     Chinese Communist Party has employed a variety of coercive 
     military and nonmilitary tactics short of armed conflict in 
     its efforts to exert existential pressure on Taiwan, 
     including through diplomatic isolation, restricting tourism, 
     cyberattacks, spreading disinformation, and controlling the 
     ability of Taiwan to purchase COVID-19 vaccines from other 
     countries.
       (5) Since 2020, military incursions by the People's 
     Republic of China into Taiwan's air defense identification 
     zone have been occurring at a rapidly increasing pace. In 
     2022, such incursions occurred 1,700 times, nearly double the 
     total in 2021, which was itself almost triple the 2020 total.
       (6) Since 2021, there has been a notable increase in 
     military provocations by the People's Liberation Army against 
     Taiwan, including incursions over the midline separating the 
     People's Republic of China from Taiwan, holding military 
     exercises in the vicinity of Taiwan's controlled waters, and 
     performing live-fire exercises in the South China Sea.
       (7) In August 2022, the People's Republic of China held 
     unprecedented live-fire military exercises and a simulated 
     blockade involving hundreds of military aircraft, dozens of 
     warships, and launches of short-range ballistic missiles over 
     the territory of Taiwan.
       (8) The People's Republic of China is attempting to erase 
     the midline separating it from Taiwan, increasing the 
     prospects for incidental contact between forces of the 
     People's Republic of China and Taiwan as well as shorting 
     reaction times related to provocations by the People's 
     Republic of China.
       (9) On August 10, 2022, the Taiwan Affairs Office of the 
     State Council of the People's Republic of China released a 
     white paper entitled ``The Taiwan Question and China's 
     Reunification in the New Era'' that reiterated the long-
     standing position of the Government of the People's Republic 
     of China not to renounce the use of force to bring about 
     unification with Taiwan and to ``always be ready to respond 
     with the use of force . . . to interference by external 
     forces or radical action by separatist elements''.
       (10) In March 2021, then Commander of the United States 
     Indo-Pacific Command Admiral Philip Davidson testified that 
     the threat of a military invasion of Taiwan by the People's 
     Liberation Army ``is manifest during this decade, in fact in 
     the next six years''.
       (11) In March 2021, then Commander of the United States 
     Pacific Fleet Admiral John Aquilino testified that the threat 
     of a military invasion by the People's Liberation Army of 
     Taiwan is ``much closer to us than most think'' and could 
     materialize well before 2035.
       (12) On February 24, 2022, the Armed Forces of the Russian 
     Federation initiated an unprovoked and unjustified invasion 
     of Ukraine, resulting in at least 14,000 civilian casualties, 
     including more than 5,000 deaths.
       (13) The Russian Federation invasion has destabilized 
     global markets and supply chains, from energy to food, 
     contributing to high inflation and recession in the United 
     States and deep cuts to global gross domestic product.
       (14) With the assistance of the United States and European 
     allies, Ukrainian forces have successfully repelled the 
     Russian Federation invasion and recaptured significant 
     portions of territory taken by the Russian Federation in the 
     initial stages of the invasion.
       (15) In addition to military power, timely messaging around 
     the use of economic and financial instruments of United 
     States power and their potential use can have an important 
     deterrent effect on the actions of other countries.

     SEC. 1703. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) it is in the interests of the United States to maintain 
     a free and open Indo-Pacific region, with peace and stability 
     in the Taiwan Strait as a critical component;
       (2) efforts by the Government of the People's Republic of 
     China and the Chinese Communist Party to unilaterally 
     determine the future of Taiwan through non-peaceful means, 
     including threats and the direct use of force, military 
     coercion, economic boycotts or embargoes, cyberattacks, and 
     efforts to internationally isolate or annex Taiwan--
       (A) directly undermine the spirit, intent, and purpose of 
     the Taiwan Relations Act (22 U.S.C. 3301 et seq.);
       (B) undermine peace and stability in the Taiwan Strait;
       (C) limit a free and open Indo-Pacific region; and
       (D) are of grave concern to the Government of the United 
     States;
       (3) the initiation of a military invasion of Taiwan by the 
     People's Liberation Army would--
       (A) constitute a threat to the peace and security of the 
     Western Pacific Area and threaten the peace stability of the 
     entire globe; and
       (B) undermine the core political, security, and economic 
     interests of the United States at home and abroad; and
       (4) as an important deterrent measure against a military 
     invasion of Taiwan, the Government of the People's Republic 
     of China and the Chinese Communist Party must understand that 
     initiating such an invasion will result in catastrophic 
     economic and financial consequences for the People's Republic 
     of China.

     SEC. 1704. STATEMENT OF POLICY.

       The policy of the Government of the United States on Taiwan 
     is guided by the Taiwan Relations Act (22 U.S.C. 3301 et 
     seq.), the United States-People's Republic of China joint 
     communiques concluded in 1972, 1978, and 1982, and the Six 
     Assurances that President Ronald Reagan communicated to 
     Taiwan in 1982, but in the event of the initiation of a 
     military invasion of Taiwan by the People's Liberation Army, 
     it is the policy of the United States--
       (1) to use and deploy all economic, commercial, and 
     financial instruments and levers of power, including--
       (A) the imposition of sanctions with respect to leadership 
     of the Chinese Communist Party, key officials of the 
     Government of the People's Republic of China, and financial 
     institutions and other entities affiliated with the Chinese 
     Communist Party or the Government of the People's Republic of 
     China;
       (B) prohibiting the listing or trading of the securities of 
     Chinese entities on United States securities exchanges;
       (C) prohibiting investments by United States financial 
     institutions in economic sectors of the People's Republic of 
     China; and
       (D) prohibiting the importation of certain goods mined, 
     produced, or manufactured in the People's Republic of China 
     into the United States; and
       (2) to work in close coordination with allies and partners 
     of the United States to encourage those allies and partners 
     to undertake similar economic, commercial, and financial 
     actions against the Government of the People's Republic of 
     China and the Chinese Communist Party.

     SEC. 1705. DEFINITIONS.

       In this title:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Financial Services of 
     the House of Representatives.

[[Page S4407]]

       (4) Covered determination.--The term ``covered 
     determination'' means a determination by the President, not 
     later than 24 hours after a military invasion of Taiwan by 
     the People's Liberation Army or any of its proxies, that such 
     an invasion has occurred.
       (5) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Y) of section 5312(a)(2) of title 31, United 
     States Code.
       (6) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (7) Knowingly.--The term ``knowingly'' with respect to 
     conduct, a circumstance, or a result, means that a person had 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) Military invasion.--The term ``military invasion'' 
     includes--
       (A) an amphibious landing or assault;
       (B) an airborne operation or air assault;
       (C) an aerial bombardment or blockade;
       (D) missile attacks, including rockets, ballistic missiles, 
     cruise missiles, and hypersonic missiles;
       (E) a naval bombardment or armed blockade; and
       (F) attack on any territory controlled or administered by 
     the Government of Taiwan, including offshore islands 
     controlled or administered by that Government.
       (9) 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.

     SEC. 1706. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS 
                   OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF 
                   CHINA AND MEMBERS OF THE CHINESE COMMUNIST 
                   PARTY.

       (a) In General.--Not later than 3 days after making a 
     covered determination, the President shall impose the 
     sanctions described in subsection (d) with respect to 
     officials of the Government of the People's Republic of China 
     and members of the Chinese Communist Party specified in 
     subsection (b), to the extent such officials and members can 
     be identified.
       (b) Officials Specified.--The officials specified in this 
     subsection shall include--
       (1) senior civilian and military officials of the People's 
     Republic of China and military officials who have command or 
     clear and direct decision-making power over military 
     campaigns, military operations, and military planning against 
     Taiwan conducted by the People's Liberation Army;
       (2) senior civilian and military officials of the People's 
     Republic of China who have command or clear and direct 
     decision-making power in the Chinese Coast Guard and the 
     Chinese People's Armed Police and are engaged in planning or 
     implementing activities that involve the use of force against 
     Taiwan;
       (3) senior or special advisors to the General Secretary of 
     the Chinese Communist Party, the Chairman of the Central 
     Military Commission, or the President of the People's 
     Republic of China;
       (4) officials of the Government of the People's Republic of 
     China who are members of the top decision-making bodies of 
     that Government;
       (5) the highest-ranking Chinese Communist Party members of 
     the decision-making bodies referred to in paragraph (4); and
       (6) officials of the Government of the People's Republic of 
     China in the intelligence agencies or security services who--
       (A) have clear and direct decision-making power; and
       (B) have engaged in or implemented activities that--
       (i) materially undermine the military readiness of Taiwan;
       (ii) overthrow or decapitate the Taiwan's government;
       (iii) debilitate Taiwan's electric grid, critical 
     infrastructure, or cybersecurity systems through offensive 
     electronic or cyber attacks;
       (iv) undermine Taiwan's democratic processes through 
     campaigns to spread disinformation; or
       (v) involve committing serious human rights abuses against 
     citizens of Taiwan, including forceful transfers, enforced 
     disappearances, unjust detainment, or torture.
       (c) Additional Officials.--
       (1) List required.--Not later than 30 days after making a 
     covered determination, and every 90 days thereafter, the 
     President shall submit a list to the appropriate 
     congressional committees that identifies any additional 
     foreign persons who--
       (A) the President determines are officials specified in 
     subsection (b); and
       (B) who were not included on any previous list of such 
     officials.
       (2) Imposition of sanctions.--Upon the submission of the 
     list required under paragraph (1), the President shall impose 
     the sanctions described in subsection (d) with respect to 
     each official included on the list.
       (d) Sanctions Described.--The sanctions described in this 
     subsection to be imposed with respect to an official 
     specified in subsection (b) or (c) are the following:
       (1) Blocking of property.--
       (A) In general.--The President shall exercise all of the 
     powers granted by the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.) to block and prohibit all 
     transactions in all property and interests in property of the 
     official 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.
       (B) 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 this section.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--The official 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 
     the official shall be revoked, regardless of when such visa 
     or other entry documentation is or was issued.
       (ii) Immediate effect.--A revocation under subparagraph (A) 
     shall--

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

       (e) Exception for Compliance With International Obligations 
     and Law Enforcement Activities.--Sanctions under this section 
     shall not apply with respect to an official if--
       (1) admitting or paroling the official 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 on 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 law enforcement activity in the 
     United States; or
       (2) the alien holds a valid, unexpired A-1, A-2, C-2, G-1, 
     or G-2 visa.
       (f) Top Decision-making Bodies Defined.--In this section, 
     the term ``top decision-making bodies'' may include--
       (1) the Political Bureau of the Central Committee of the 
     Chinese Communist Party;
       (2) the Standing Committee of the Political Bureau of the 
     Central Committee of the Chinese Communist Party;
       (3) the Central Military Commission of the Chinese 
     Communist Party;
       (4) the Central Military Commission of the People's 
     Republic of China;
       (5) the National People's Congress of the People's Republic 
     of China;
       (6) the Central Committee of the Chinese Communist Party; 
     and
       (7) the State Council of the People's Republic of China.

     SEC. 1707. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL 
                   INSTITUTIONS AFFILIATED WITH THE GOVERNMENT OF 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Not later than 3 days after a covered 
     determination is made, the Secretary of the Treasury--
       (1) shall impose the sanctions described in subsection (b) 
     with respect to--
       (A) the People's Bank of China; and
       (B) state-owned banks; and
       (2) may impose those sanctions with respect to any 
     subsidiary of, or successor entity to, a state-owned bank.
       (b) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Blocking of property.--
       (A) In general.--The President shall exercise all of the 
     powers granted 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 financial institution 
     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.
       (B) 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 this section.
       (2) Restrictions on correspondent and payable-through 
     accounts.--The President shall prohibit the opening, and 
     prohibit or impose strict conditions on the maintaining, in 
     the United States of a correspondent account or payable-
     through account by a financial institution subject to 
     subsection (a).
       (c) State-owned Bank Defined.--In this section, the term 
     ``state-owned bank''--
       (1) means a bank that--
       (A) is incorporated in the People's Republic of China; and
       (B) is owned in whole or part by the Government of the 
     People's Republic of China; and
       (2) includes--
       (A) the Export-Import Bank of China;
       (B) the China Development Bank;
       (C) the Agricultural Development Bank of China;
       (D) the Industrial and Commercial Bank of China;

[[Page S4408]]

       (E) the China Construction Bank;
       (F) the Bank of Communications;
       (G) the Agricultural Bank of China; and
       (H) the Bank of China.

     SEC. 1708. IMPOSITION OF SANCTIONS WITH RESPECT TO ENTITIES 
                   OWNED BY OR AFFILIATED WITH THE GOVERNMENT OF 
                   THE PEOPLE'S REPUBLIC OF CHINA OR THE CHINESE 
                   COMMUNIST PARTY.

       (a) In General.--Not later than 3 days after a covered 
     determination is made, the Secretary of the Treasury shall 
     impose the sanctions described in subsection (b) with respect 
     to any entity that--
       (1) the Government of the People's Republic of China or the 
     Chinese Communist Party has an ownership interest in; or
       (2) is otherwise affiliated with the Government of the 
     People's Republic of China or the Chinese Communist Party.
       (b) Blocking of Property.--
       (1) In general.--The President shall exercise all of the 
     powers granted 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 an entity 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) 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 this section.

     SEC. 1709. PROHIBITION ON TRANSFERS OF FUNDS INVOLVING THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Except as provided by subsection (b), not 
     later than 3 days after a covered determination is made, a 
     depository institution (as defined in section 19(b)(1)(A) of 
     the Federal Reserve Act (12 U.S.C. 461(b)(1)(A))) or a broker 
     or dealer in securities registered with the Securities and 
     Exchange Commission under the Securities Exchange Act of 1934 
     (15 U.S.C. 78a et seq.) may not process transfers of funds--
       (1) to or from the People's Republic of China; or
       (2) for the direct or indirect benefit of officials of the 
     Government of the People's Republic of China or members of 
     the Chinese Communist Party.
       (b) Exception.--A depository institution, broker, or dealer 
     described in subsection (a) may process a transfer described 
     in that subsection if the transfer--
       (1) arises from, and is ordinarily incident and necessary 
     to give effect to, an underlying transaction that is 
     authorized by a specific or general license; and
       (2) does not involve debiting or crediting an Chinese 
     account.

     SEC. 1710. PROHIBITION ON LISTING OR TRADING OF CHINESE 
                   ENTITIES ON UNITED STATES SECURITIES EXCHANGES.

       (a) In General.--The Securities and Exchange Commission 
     shall prohibit the securities of an issuer described in 
     subsection (b) from being traded on a national securities 
     exchange on and after the date that is 3 days after a covered 
     determination is made.
       (b) Issuers.--An issuer described in this subsection is an 
     issuer that is--
       (1) an official of or individual affiliated with the 
     Government of the People's Republic of China or the Chinese 
     Communist Party; or
       (2) an entity that--
       (A) the Government of the People's Republic of China or the 
     Chinese Communist Party has an ownership interest in; or
       (B) is otherwise affiliated with the Government of the 
     People's Republic of China or the Chinese Communist Party.
       (c) Definitions.--In this section:
       (1) Issuer; security.--The terms ``issuer'' and 
     ``security'' have the meanings given those terms in section 
     3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c).
       (2) National securities exchange.--The term ``national 
     securities exchange'' means an exchange registered as a 
     national securities exchange in accordance with section 6 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78f).

     SEC. 1711. PROHIBITION ON INVESTMENTS BY UNITED STATES 
                   FINANCIAL INSTITUTIONS THAT BENEFIT THE 
                   GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA OR 
                   THE CHINESE COMMUNIST PARTY.

       (a) In General.--Not later than 3 days after a covered 
     determination is made, the Secretary of the Treasury shall 
     prohibit any United States financial institution from making 
     any investments described in subsection (b).
       (b) Investments Described.--An investment described in this 
     subsection is a monetary investment--
       (1) to--
       (A) an entity owned or controlled by the Government of the 
     People's Republic of China or the Chinese Communist Party; or
       (B) the People's Liberation Army; or
       (2) for the benefit of any priority industrial sector 
     identified in the ``Made in China 2025'' plan or the ``14th 
     Five Year Smart Manufacturing Development Plan'', including--
       (A) agriculture machinery;
       (B) information technology;
       (C) artificial intelligence, machine learning, and 
     robotics;
       (D) green energy and green vehicles;
       (E) aerospace equipment;
       (F) ocean engineering and high tech ships;
       (G) railway equipment;
       (H) power equipment;
       (I) new materials;
       (J) medicine and medical devices;
       (K) fifth generation and future generation 
     telecommunications and other advanced wireless networking 
     technologies;
       (L) semiconductor manufacturing;
       (M) biotechnology;
       (N) quantum computing;
       (O) surveillance technologies, including facial recognition 
     technologies and censorship software;
       (P) fiber optic cables; and
       (Q) mining and resource development.
       (c) United States Financial Institution Defined.--In this 
     section, the term ``United States financial institution''--
       (1) means any financial institution that is a United States 
     person; and
       (2) includes an investment company, private equity company, 
     venture capital company, or hedge fund that is a United 
     States person.

     SEC. 1712. PROHIBITION ON ENERGY EXPORTS TO, AND INVESTMENTS 
                   IN ENERGY SECTOR OF, THE PEOPLE'S REPUBLIC OF 
                   CHINA.

       (a) Prohibition on Exports.--
       (1) In general.--On and after the date that is 3 days after 
     a covered determination is made, the Secretary of Commerce 
     shall prohibit, under the Export Control Reform Act of 2018 
     (50 U.S.C. 4801 et seq.), the export, reexport, or in-country 
     transfer to or in the People's Republic of China any energy 
     or energy product produced in the United States.
       (2) Definitions.--In this subsection, the terms ``export'', 
     ``in-country transfer'', ``reexport'', and ``United States 
     person'' have the meanings given those terms in section 1742 
     of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
       (b) Prohibition on Investments.--On and after the date that 
     is 3 days after a covered determination is made, a United 
     States person may not make an investment in the energy sector 
     of the People's Republic of China.

     SEC. 1713. SUSPENSION OF NORMAL TRADE RELATIONS WITH THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       Notwithstanding the provisions of title I of Public Law 
     106-286 (114 Stat. 880) or any other provision of law, 
     beginning on the date that is 3 days after a covered 
     determination is made, normal trade relations treatment shall 
     not apply pursuant to section 101(a) of that Act to the 
     products of the People's Republic of China.

     SEC. 1714. EXCEPTIONS; WAIVER.

       (a) Exception for Intelligence Activities.--This title 
     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 activities of the United States.
       (b) National Security Waiver.--The President may waive the 
     imposition of sanctions under this title with respect to a 
     person if the President--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) submits to the appropriate congressional committees a 
     notification of the waiver and the reasons for the waiver.

     SEC. 1715. IMPLEMENTATION; PENALTIES.

       (a) 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 title.
       (b) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     title or any regulation, license, or order issued to carry 
     out this title 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.
                                 ______
                                 
  SA 2164. Mr. CORNYN (for himself 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 title X, add the following:

              Subtitle I--CTPAT Pilot Program Act of 2024

     SEC. 1095. SHORT TITLE.

       This subtitle may be cited as the ``Customs Trade 
     Partnership Against Terrorism Pilot Program Act of 2024'' or 
     the ``CTPAT Pilot Program Act of 2024''.

     SEC. 1096. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Finance of the Senate; and
       (B) the Committee on Homeland Security and the Committee on 
     Ways and Means of the House of Representatives.
       (2) CTPAT.--The term ``CTPAT'' means the Customs Trade 
     Partnership Against Terrorism established under subtitle B of 
     title II

[[Page S4409]]

     of the Security and Accountability for Every Port Act (6 
     U.S.C. 961 et seq.).

     SEC. 1097. PILOT PROGRAM ON PARTICIPATION OF THIRD-PARTY 
                   LOGISTICS PROVIDERS IN CTPAT.

       (a) Establishment.--
       (1) In general.--The Secretary of Homeland Security shall 
     carry out a pilot program to assess whether allowing entities 
     described in subsection (b) to participate in CTPAT would 
     enhance port security, combat terrorism, prevent supply chain 
     security breaches, or otherwise meet the goals of CTPAT.
       (2) Federal register notice.--Not later than one year after 
     the date of the enactment of this Act, the Secretary shall 
     publish in the Federal Register a notice specifying the 
     requirements for the pilot program required by paragraph (1).
       (b) Entities Described.--An entity described in this 
     subsection is--
       (1) a non-asset-based third-party logistics provider that--
       (A) arranges international transportation of freight and is 
     licensed by the Department of Transportation; and
       (B) meets such other requirements as the Secretary 
     specifies in the Federal Register notice required by 
     subsection (a)(2); or
       (2) an asset-based third-party logistics provider that--
       (A) facilitates cross border activity and is licensed or 
     bonded by the Federal Maritime Commission, the Transportation 
     Security Administration, U.S. Customs and Border Protection, 
     or the Department of Transportation;
       (B) manages and executes logistics services using its own 
     warehousing assets and resources on behalf of its customers; 
     and
       (C) meets such other requirements as the Secretary 
     specifies in the Federal Register notice required by 
     subsection (a)(2).
       (c) Requirements.--In carrying out the pilot program 
     required by subsection (a)(1), the Secretary shall--
       (1) ensure that--
       (A) not more than 10 entities described in paragraph (1) of 
     subsection (b) participate in the pilot program; and
       (B) not more than 10 entities described in paragraph (2) of 
     that subsection participate in the program;
       (2) provide for the participation of those entities on a 
     voluntary basis;
       (3) continue the program for a period of not less than one 
     year after the date on which the Secretary publishes the 
     Federal Register notice required by subsection (a)(2); and
       (4) terminate the pilot program not more than 5 years after 
     that date.
       (d) Report Required.--Not later than 180 days after the 
     termination of the pilot program under subsection (c)(4), the 
     Secretary shall submit to the appropriate congressional 
     committees a report on the findings of, and any 
     recommendations arising from, the pilot program concerning 
     the participation in CTPAT of entities described in 
     subsection (b), including an assessment of participation by 
     those entities.

     SEC. 1098. REPORT ON EFFECTIVENESS OF CTPAT.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the appropriate congressional 
     committees a report assessing the effectiveness of CTPAT.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An analysis of--
       (A) security incidents in the cargo supply chain during the 
     5-year period preceding submission of the report that 
     involved criminal activity, including drug trafficking, human 
     smuggling, commercial fraud, or terrorist activity; and
       (B) whether those incidents involved participants in CTPAT 
     or entities not participating in CTPAT.
       (2) An analysis of causes for the suspension or removal of 
     entities from participating in CTPAT as a result of security 
     incidents during that 5-year period.
       (3) An analysis of the number of active CTPAT participants 
     involved in one or more security incidents while maintaining 
     their status as participants.
       (4) Recommendations to the Commissioner of U.S. Customs and 
     Border Protection for improvements to CTPAT to improve 
     prevention of security incidents in the cargo supply chain 
     involving participants in CTPAT.

     SEC. 1099. NO ADDITIONAL FUNDS AUTHORIZED.

       No additional funds are authorized to be appropriated for 
     the purpose of carrying out this subtitle.
                                 ______
                                 
  SA 2165. Mr. CORNYN (for himself, Mr. Casey, and Mr. Sullivan) 
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. ___. OUTBOUND INVESTMENT TRANSPARENCY.

       The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 
     is amended by adding at the end the following:

              ``TITLE VIII--PROTECTION OF COVERED SECTORS

     ``SEC. 801. DEFINITIONS.

       ``In this title:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Armed Services, the Committee on 
     Finance, the Committee on Banking, Housing, and Urban 
     Affairs, the Select Committee on Intelligence, and the 
     Committee on Foreign Relations of the Senate; and
       ``(B) the Committee on Armed Services, the Committee on 
     Ways and Means, the Committee on Financial Services, the 
     Permanent Select Committee on Intelligence, and the Committee 
     on Foreign Affairs of the House of Representatives.
       ``(2) Country of concern.--The term `country of concern' 
     means, subject to such regulations as may be prescribed in 
     accordance with section 806, a country specified in section 
     4872(d)(2) of title 10, United States Code.
       ``(3) Covered activity.--
       ``(A) In general.--Subject to such regulations as may be 
     prescribed in accordance with section 806, and except as 
     provided in subparagraph (B), the term `covered activity' 
     means any activity engaged in by a United States person in a 
     related to a covered sector that involves--
       ``(i) an acquisition by such United States person of an 
     equity interest or contingent equity interest, or monetary 
     capital contribution, in a covered foreign entity, directly 
     or indirectly, by contractual commitment or otherwise, with 
     the goal of generating income or gain;
       ``(ii) an arrangement for an interest held by such United 
     States person in the short- or long-term debt obligations of 
     a covered foreign entity that includes governance rights that 
     are characteristic of an equity investment, management, or 
     other important rights, as defined in regulations prescribed 
     in accordance with section 806;
       ``(iii) the establishment of a wholly owned subsidiary in a 
     country of concern, such as a greenfield investment, for the 
     purpose of production, design, testing, manufacturing, 
     fabrication, or development related to one or more covered 
     sectors;
       ``(iv) the establishment by such United States person of a 
     joint venture in a country of concern or with a covered 
     foreign entity for the purpose of production, design, 
     testing, manufacturing, fabrication, or research involving 
     one or more covered sectors, or other contractual or other 
     commitments involving a covered foreign entity to jointly 
     research and develop new innovation, including through the 
     transfer of capital or intellectual property or other 
     business proprietary information; or
       ``(v) the acquisition by a United States person with a 
     covered foreign entity of--

       ``(I) operational cooperation, such as through supply or 
     support arrangements;
       ``(II) the right to board representation (as an observer, 
     even if limited, or as a member) or an executive role (as may 
     be defined through regulation) in a covered foreign entity;
       ``(III) the ability to direct or influence such operational 
     decisions as may be defined through such regulations;
       ``(IV) formal governance representation in any operating 
     affiliate, like a portfolio company, of a covered foreign 
     entity; or
       ``(V) a new relationship to share or provide business 
     services, such as but not limited to financial services, 
     marketing services, maintenance, or assembly functions, 
     related to a covered sectors.

       ``(B) Exceptions.--The term `covered activity' does not 
     include--
       ``(i) any transaction the value of which the Secretary of 
     the Treasury determines is de minimis, as defined in 
     regulations prescribed in accordance with section 806;
       ``(ii) any category of transactions that the Secretary 
     determines is in the national interest of the United States, 
     as may be defined in regulations prescribed in accordance 
     with section 806; or
       ``(iii) any ordinary or administrative business transaction 
     as may be defined in such regulations.
       ``(4) Covered foreign entity.--
       ``(A) In general.--Subject to regulations prescribed in 
     accordance with section 806, and except as provided in 
     subparagraph (B), the term `covered foreign entity' means--
       ``(i) any entity that is incorporated in, has a principal 
     place of business in, or is organized under the laws of a 
     country of concern;
       ``(ii) any entity the equity securities of which are 
     primarily traded in the ordinary course of business on one or 
     more exchanges in a country of concern;
       ``(iii) any entity in which any entity described in 
     subclause (i) or (ii) holds, individually or in the 
     aggregate, directly or indirectly, an ownership interest of 
     greater than 50 percent; or
       ``(iv) any other entity that is not a United States person 
     and that meets such criteria as may be specified by the 
     Secretary of the Treasury in such regulations.
       ``(B) Exception.--The term `covered foreign entity' does 
     not include any entity described in subparagraph (A) that can 
     demonstrate that a majority of the equity interest in the 
     entity is ultimately owned by--
       ``(i) nationals of the United States; or
       ``(ii) nationals of such countries (other than countries of 
     concern) as are identified for purposes of this subparagraph 
     pursuant to regulations prescribed in accordance with section 
     806.

[[Page S4410]]

       ``(5) Covered sectors.--Subject to regulations prescribed 
     in accordance with section 806, the term `covered sectors' 
     includes sectors within the following areas, as specified in 
     such regulations:
       ``(A) Advanced semiconductors and microelectronics.
       ``(B) Artificial intelligence.
       ``(C) Quantum information science and technology.
       ``(D) Hypersonics.
       ``(E) Satellite-based communications.
       ``(F) Networked laser scanning systems with dual-use 
     applications.
       ``(6) Party.--The term `party', with respect to an 
     activity, has the meaning given that term in regulations 
     prescribed in accordance with section 806.
       ``(7) United states.--The term `United States' means the 
     several States, the District of Columbia, and any territory 
     or possession of the United States.
       ``(8) United states person.--The term `United States 
     person' means--
       ``(A) an individual who is a citizen or national of the 
     United States or an alien lawfully admitted for permanent 
     residence in the United States; and
       ``(B) any corporation, partnership, or other entity 
     organized under the laws of the United States or the laws of 
     any jurisdiction within the United States.

     ``SEC. 802. ADMINISTRATION OF UNITED STATES INVESTMENT 
                   NOTIFICATION.

       ``(a) In General.--The President shall delegate the 
     authorities and functions under this title to the Secretary 
     of the Treasury.
       ``(b) Coordination.--In carrying out the duties of the 
     Secretary under this title, the Secretary shall--
       ``(1) coordinate with the Secretary of Commerce; and
       ``(2) consult with the United States Trade Representative, 
     the Secretary of Defense, the Secretary of State, and the 
     Director of National Intelligence.

     ``SEC. 803. MANDATORY NOTIFICATION OF COVERED ACTIVITIES.

       ``(a) Mandatory Notification.--
       ``(1) In general.--Subject to regulations prescribed in 
     accordance with section 806, beginning on the date that is 90 
     days after such regulations take effect, a United States 
     person that plans to engage in a covered activity shall--
       ``(A) if such covered activity is not a secured 
     transaction, submit to the Secretary of the Treasury a 
     complete written notification of the activity not later than 
     14 days before the anticipated completion date of the 
     activity; and
       ``(B) if such covered activity is a secured transaction, 
     submit to the Secretary of the Treasury a complete written 
     notification of the activity not later than 14 days after the 
     completion date of the activity.
       ``(2) Circulation of notification.--
       ``(A) In general.--The Secretary shall, upon receipt of a 
     notification under paragraph (1), promptly inspect the 
     notification for completeness.
       ``(B) Incomplete notifications.--If a notification 
     submitted under paragraph (1) is incomplete, the Secretary 
     shall promptly inform the United States person that submits 
     the notification that the notification is not complete and 
     provide an explanation of relevant material respects in which 
     the notification is not complete.
       ``(3) Identification of non-notified activity.--The 
     Secretary shall establish a process to identify covered 
     activity for which--
       ``(A) a notification is not submitted to the Secretary 
     under paragraph (1); and
       ``(B) information is reasonably available.
       ``(b) Confidentiality of Information.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     information or documentary material filed with the Secretary 
     of the Treasury pursuant to this section shall be exempt from 
     disclosure under section 552 of title 5, United States Code, 
     and no such information or documentary material may be made 
     public by any government agency or Member of Congress.
       ``(2) Exceptions.--The exemption from disclosure provided 
     by paragraph (1) shall not prevent the disclosure of the 
     following:
       ``(A) Information relevant to any administrative or 
     judicial action or proceeding.
       ``(B) Information provided to Congress or any of the 
     appropriate congressional committees.
       ``(C) Information important to the national security 
     analysis or actions of the President to any domestic 
     governmental entity, or to any foreign governmental entity of 
     an ally or partner of the United States, under the direction 
     and authorization of the President or the Secretary, only to 
     the extent necessary for national security purposes, and 
     subject to appropriate confidentiality and classification 
     requirements.
       ``(D) Information that the parties have consented to be 
     disclosed to third parties.

     ``SEC. 804. REPORTING REQUIREMENTS.

       ``(a) In General.--Not later than 360 days after the date 
     on which the regulations prescribed under section 806 take 
     effect, and not less frequently than annually thereafter, the 
     Secretary of the Treasury shall submit to the appropriate 
     congressional committees a report that--
       ``(1) lists all notifications submitted under section 
     803(a) during the year preceding submission of the report and 
     includes, with respect to each such notification--
       ``(A) basic information on each party to the covered 
     activity with respect to which the notification was 
     submitted; and
       ``(B) the nature of the covered activity that was the 
     subject to the notification, including the elements of the 
     covered activity that necessitated a notification;
       ``(2) includes a summary of those notifications, 
     disaggregated by sector, by covered activity, and by country 
     of concern;
       ``(3) provides additional context and information regarding 
     trends in the sectors, the types of covered activities, and 
     the countries involved in those notifications;
       ``(4) includes a description of the national security risks 
     associated with--
       ``(A) the covered activities with respect to which those 
     notifications were submitted; or
       ``(B) categories of such activities; and
       ``(5) assesses the overall impact of those notifications, 
     including recommendations for--
       ``(A) expanding existing Federal programs to support the 
     production or supply of covered sectors in the United States, 
     including the potential of existing authorities to address 
     any related national security concerns;
       ``(B) investments needed to enhance covered sectors and 
     reduce dependence on countries of concern regarding those 
     sectors; and
       ``(C) the continuation, expansion, or modification of the 
     implementation and administration of this title, including 
     recommendations with respect to whether the definition of 
     `country of concern' under section 801(2) should be amended 
     to add or remove countries.
       ``(b) Form of Report.--Each report required by this section 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       ``(c) Testimony Required.--Not later than one year after 
     the date of enactment of this title, and annually thereafter, 
     the Secretary of the Treasury and the Secretary of Commerce 
     shall each provide to the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives testimony with 
     respect to the national security threats relating to 
     investments by the United States persons in countries of 
     concern and broader international capital flows.

     ``SEC. 805. PENALTIES AND ENFORCEMENT.

       ``(a) Penalties With Respect to Unlawful Acts.--Subject to 
     regulations prescribed in accordance with section 806, it 
     shall be unlawful--
       ``(1) to fail to submit a notification under subsection (a) 
     of section 803 with respect to a covered activity or to 
     submit other information as required by the Secretary of the 
     Treasury; or
       ``(2) to make a material misstatement or to omit a material 
     fact in any information submitted to the Secretary under this 
     title.
       ``(b) Enforcement.--The President may direct the Attorney 
     General to seek appropriate relief in the district courts of 
     the United States, in order to implement and enforce this 
     title.

     ``SEC. 806. REQUIREMENT FOR REGULATIONS.

       ``(a) In General.--Not later than 360 days after the date 
     of the enactment of this title, the Secretary of the Treasury 
     shall finalize regulations to carry out this title.
       ``(b) Elements.--Regulations prescribed to carry out this 
     title shall include specific examples of the types of--
       ``(1) activities that will be considered to be covered 
     activities; and
       ``(2) the specific sectors and subsectors that may be 
     considered to be covered sectors.
       ``(c) Requirements for Certain Regulations.--The Secretary 
     of the Treasury shall prescribe regulations further defining 
     the terms used in this title, including `covered activity', 
     `covered foreign entity', and `party', in accordance with 
     subchapter II of chapter 5 and chapter 7 of title 5 (commonly 
     known as the `Administrative Procedure Act').
       ``(d) Public Participation in Rulemaking.--The provisions 
     of section 709 shall apply to any regulations issued under 
     this title.
       ``(e) Low-Burden Regulations.--In prescribing regulations 
     under this section, the Secretary of the Treasury shall 
     structure the regulations--
       ``(1) to minimize the cost and complexity of compliance for 
     affected parties;
       ``(2) to ensure the benefits of the regulations outweigh 
     their costs;
       ``(3) to adopt the least burdensome alternative that 
     achieves regulatory objectives;
       ``(4) to prioritize transparency and stakeholder 
     involvement in the process of prescribing the regulations; 
     and
       ``(5) to regularly review and streamline existing 
     regulations to reduce redundancy and complexity.

     ``SEC. 807. MULTILATERAL ENGAGEMENT AND COORDINATION.

       ``(a) In General.--The President shall delegate the 
     authorities and functions under this section to the Secretary 
     of State.
       ``(b) Authorities.--The Secretary of State, in coordination 
     with the Secretary of the Treasury, the Secretary of 
     Commerce, the United States Trade Representative, and the 
     Director of National Intelligence, shall--
       ``(1) conduct bilateral and multilateral engagement with 
     the governments of countries that are allies and partners of 
     the United States to ensure coordination of protocols and 
     procedures with respect to covered activities with countries 
     of concern and covered foreign entities; and
       ``(2) upon adoption of protocols and procedures described 
     in paragraph (1), work with those governments to establish 
     mechanisms for sharing information, including trends, with 
     respect to such activities.

[[Page S4411]]

       ``(c) Strategy for Development of Outbound Investment 
     Screening Mechanisms.--The Secretary of State, in 
     coordination with the Secretary of the Treasury and in 
     consultation with the Attorney General, shall--
       ``(1) develop a strategy to work with countries that are 
     allies and partners of the United States to develop 
     mechanisms comparable to this title for the notification of 
     covered activities; and
       ``(2) provide technical assistance to those countries with 
     respect to the development of those mechanisms.
       ``(d) Report.--Not later than 90 days after the development 
     of the strategy required by subsection (b), and annually 
     thereafter for a period of 5 years, the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report that includes the strategy, the status of implementing 
     the strategy, and a description of any impediments to the 
     establishment of mechanisms comparable to this title by 
     allies and partners.

     ``SEC. 808. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this title, 
     including to provide outreach to industry and persons 
     affected by this title.
       ``(b) Hiring Authority.--The head of any agency designated 
     as a lead agency under section 802(b) may appoint, without 
     regard to the provisions of sections 3309 through 3318 of 
     title 5, United States Code, not more than 25 candidates 
     directly to positions in the competitive service (as defined 
     in section 2102 of that title) in that agency. The primary 
     responsibility of individuals in positions authorized under 
     the preceding sentence shall be to administer this title.

     ``SEC. 809. RULE OF CONSTRUCTION WITH RESPECT TO FREE AND 
                   FAIR COMMERCE.

       ``Nothing in this title may be construed to restrain or 
     deter foreign investment in the United States, United States 
     investment abroad, or trade in goods or services, if such 
     investment and trade do not pose a risk to the national 
     security of the United States.''.
                                 ______
                                 
  SA 2166. Mr. HAGERTY (for himself and Mr. Peters) 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 VIII, insert the 
     following:

     SEC. __. PROHIBITION ON CONTRACTING WITH CERTAIN 
                   BIOTECHNOLOGY PROVIDERS.

       (a) In General.--The head of an executive agency may not--
       (1) procure or obtain any biotechnology equipment or 
     service produced or provided by a biotechnology company of 
     concern; or
       (2) enter into a contract or extend or renew a contract 
     with any entity that--
       (A) uses biotechnology equipment or services produced or 
     provided by a biotechnology company of concern and acquired 
     after the applicable effective date in subsection (c) in 
     performance of the contract with the executive agency; or
       (B) enters into any contract the performance of which such 
     entity knows or has reason to believe will require, in 
     performance of the contract with the executive agency, the 
     use of biotechnology equipment or services produced or 
     provided by a biotechnology company of concern and acquired 
     after the applicable effective date in subsection (c).
       (b) Prohibition on Loan and Grant Funds.--The head of an 
     executive agency may not obligate or expend loan or grant 
     funds to, and a loan or grant recipient may not use loan or 
     grant funds to--
       (1) procure, obtain, or use any biotechnology equipment or 
     services produced or provided by a biotechnology company of 
     concern; or
       (2) enter into a contract or extend or renew a contract 
     with an entity described in subsection (a)(2).
       (c) Effective Dates.--
       (1) Certain entities.--With respect to the biotechnology 
     companies of concern covered by subsection (f)(2)(A), the 
     prohibitions under subsections (a) and (b) shall take effect 
     60 days after the issuance of the regulation in subsection 
     (h).
       (2) Other entities.--With respect to the biotechnology 
     companies of concern covered by subsection (f)(2)(B), the 
     prohibitions under subsections (a) and (b) shall take effect 
     180 days after the issuance of the regulation in subsection 
     (h).
       (3) Rules of construction.--
       (A) Certain entities.--Prior to January 1, 2032, with 
     respect to biotechnology companies of concern covered by 
     subsections (f)(2)(A), subsections (a)(2) and (b)(2) shall 
     not apply to biotechnology equipment or services produced or 
     provided under a contract or agreement, including previously 
     negotiated contract options, entered into before the 
     effective date under paragraph (1).
       (B) Other entities.--Prior to the date that is five years 
     after the issuance of the regulation in subsection (h) that 
     identifies a biotechnology company of concern covered by 
     subsections (f)(2)(B), subsections (a)(2) and (b)(2) shall 
     not apply to biotechnology equipment or services produced or 
     provided under a contract or agreement, including previously 
     negotiated contract options, entered into before the 
     effective date under paragraph (2).
       (C) Safe harbor.--The term ``biotechnology equipment or 
     services produced or provided by a biotechnology company of 
     concern'' shall not be construed to refer to any 
     biotechnology equipment or services that were formerly, but 
     are no longer, produced or provided by biotechnology 
     companies of concern.
       (d) Waiver Authorities.--
       (1) Specific biotechnology exception.--
       (A) Waiver.--The head of the applicable executive agency 
     may waive the prohibition under subsections (a) and (b) on a 
     case-by-case basis--
       (i) with the approval of the Director of the Office of 
     Management and Budget, in coordination with the Secretary of 
     Defense; and
       (ii) if such head submits a notification and justification 
     to the appropriate congressional committees not later than 30 
     days after granting such waiver.
       (B) Duration.--
       (i) In general.--Except as provided in clause (ii), a 
     waiver granted under subparagraph (A) shall last for a period 
     of not more than 365 days.
       (ii) Extension.--The head of the applicable executive 
     agency, with the approval of the Director of the Office of 
     Management and Budget, and in coordination with the Secretary 
     of Defense, may extend a waiver granted under subparagraph 
     (A) one time, for a period up to 180 days after the date on 
     which the waiver would otherwise expire, if such an extension 
     is in the national security interests of the United States 
     and if such head submits a notification and justification to 
     the appropriate congressional committees not later than 10 
     days after granting such waiver extension.
       (2) Overseas health care services.--The head of an 
     executive agency may waive the prohibitions under subsections 
     (a) and (b) with respect to a contract, subcontract, or 
     transaction for the acquisition or provision of health care 
     services overseas on a case-by-case basis--
       (A) if the head of such executive agency determines that 
     the waiver is--
       (i) necessary to support the mission or activities of the 
     employees of such executive agency described in subsection 
     (e)(2)(A); and
       (ii) in the interest of the United States;
       (B) with the approval of the Director of the Office of 
     Management and Budget, in consultation with the Secretary of 
     Defense; and
       (C) if such head submits a notification and justification 
     to the appropriate congressional committees not later than 30 
     days after granting such waiver.
       (e) Exceptions.--The prohibitions under subsections (a) and 
     (b) shall not apply to--
       (1) 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) the acquisition or provision of health care services 
     overseas for--
       (A) employees of the United States, including members of 
     the uniformed services (as defined in section 101(a) of title 
     10, United States Code), whose official duty stations are 
     located overseas or are on permissive temporary duty travel 
     overseas; or
       (B) employees of contractors or subcontractors of the 
     United States--
       (i) who are performing under a contract that directly 
     supports the missions or activities of individuals described 
     in subparagraph (A); and
       (ii) whose primary duty stations are located overseas or 
     are on permissive temporary duty travel overseas; or
       (3) the acquisition, use, or distribution of human 
     multiomic data, lawfully compiled, that is commercially or 
     publicly available.
       (f) Evaluation of Certain Biotechnology Entities.--
       (1) Entity consideration.--Not later than 365 days after 
     the date of the enactment of this Act, the Director of the 
     Office of Management and Budget shall publish a list of the 
     entities that constitute biotechnology companies of concern 
     based on a list of suggested entities that shall be provided 
     by the Secretary of Defense in coordination with the Attorney 
     General, the Secretary of Health and Human Services, the 
     Secretary of Commerce, the Director of National Intelligence, 
     the Secretary of Homeland Security, the Secretary of State, 
     and the National Cyber Director.
       (2) Biotechnology companies of concern defined.--The term 
     ``biotechnology company of concern'' means--
       (A) BGI, MGI, Complete Genomics, WuXi AppTec, and WuXi 
     Biologics;
       (B) any entity that is determined by the process 
     established in paragraph (1) to meet the following criteria--
       (i) is subject to the administrative governance structure, 
     direction, control, or operates on behalf of the government 
     of a foreign adversary;
       (ii) is to any extent involved in the manufacturing, 
     distribution, provision, or procurement of a biotechnology 
     equipment or service; and
       (iii) poses a risk to the national security of the United 
     States based on--

       (I) engaging in joint research with, being supported by, or 
     being affiliated with a foreign adversary's military, 
     internal security forces, or intelligence agencies;

[[Page S4412]]

       (II) providing multiomic data obtained via biotechnology 
     equipment or services to the government of a foreign 
     adversary; or
       (III) obtaining human multiomic data via the biotechnology 
     equipment or services without express and informed consent; 
     and

       (C) any subsidiary, parent, affiliate, or successor of 
     entities listed in subparagraphs (A) and (B), provided they 
     meet the criteria in subparagraph (B)(i).
       (3) Guidance.--Not later than 120 days after the date of 
     the enactment of this Act for the biotechnology companies of 
     concern named in paragraph (2)(A), and not later than 180 
     days after the development of the list pursuant to paragraph 
     (1) and any update to the list pursuant to paragraph (4), the 
     Director of the Office of Management and Budget, in 
     coordination with the Secretary of Defense, the Attorney 
     General, the Secretary of Health and Human Services, the 
     Secretary of Commerce, the Director of National Intelligence, 
     the Secretary of Homeland Security, the Secretary of State, 
     and the National Cyber Director, shall establish guidance as 
     necessary to implement the requirements of this section.
       (4) Updates.--The Director of the Office of Management and 
     Budget, in coordination with or based on a recommendation 
     provided by the Secretary of Defense, the Attorney General, 
     the Secretary of Health and Human Services, the Secretary of 
     Commerce, the Director of National Intelligence, the 
     Secretary of Homeland Security, the Secretary of State, and 
     the National Cyber Director, shall periodically, though not 
     less than annually, review and, as appropriate, modify the 
     list of biotechnology companies of concern, and notify the 
     appropriate congressional committees of any such 
     modifications.
       (5) Notice of a designation and review.--
       (A) In general.--A notice of a designation as a 
     biotechnology company of concern under paragraph (2)(B) shall 
     be issued to any biotechnology company of concern named in 
     the designation--
       (i) advising that a designation has been made;
       (ii) identifying the criteria relied upon under such 
     subparagraph and, to the extent consistent with national 
     security and law enforcement interests, the information that 
     formed the basis for the designation;
       (iii) advising that, within 90 days after receipt of 
     notice, the biotechnology company of concern may submit 
     information and argument in opposition to the designation;
       (iv) describing the procedures governing the review and 
     possible issuance of a designation pursuant to paragraph (1); 
     and
       (v) where practicable, identifying mitigation steps that 
     could be taken by the biotechnology company of concern that 
     may result in the rescission of the designation.
       (B) Congressional notification requirements.--
       (i) Notice of designation.--The Director of the Office of 
     Management and Budget shall submit the notice required under 
     subparagraph (A) to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Accountability of the House of Representatives.
       (ii) Information and argument in opposition to 
     designations.--Not later than 7 days after receiving any 
     information and argument in opposition to a designation 
     pursuant to subparagraph (A)(iii), the Director of the Office 
     of Management and Budget shall submit such information to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Oversight and Accountability 
     of the House of Representatives.
       (C) Exceptions.--The provisions under subparagraphs (A) and 
     (B) shall not apply to an entity listed under paragraph 
     (2)(A).
       (6) No immediate public release.--Any designation made 
     under paragraph (1) or paragraph (4) shall not be made 
     publicly available until the Director of the Office of 
     Management and Budget, in coordination with appropriate 
     agencies, reviews all information submitted under paragraph 
     (5)(A)(iii) and issues a final determination that a company 
     shall remain listed as a biotechnology company of concern.
       (g) Evaluation of National Security Risks Posed by Foreign 
     Adversary Acquisition of American Multiomic Data.--
       (1) Assessment.--Not later than 270 days after the 
     enactment of this Act, the Director of National Intelligence, 
     in consultation with the Secretary of Defense, the Attorney 
     General of the United States, the Secretary of Health and 
     Human Services, the Secretary of Commerce, the Secretary of 
     Homeland Security, the Secretary of State, and the National 
     Cyber Director, shall complete an assessment of risks to 
     national security posed by human multiomic data from United 
     States citizens that is collected or stored by a foreign 
     adversary from the provision of biotechnology equipment or 
     services.
       (2) Report requirement.--Not later than 30 days after the 
     completion of the assessment developed under paragraph (1), 
     the Director of National Intelligence shall submit a report 
     with such assessment to the appropriate congressional 
     committees.
       (3) Form.--The report required under paragraph (2) shall be 
     in unclassified form accompanied by a classified annex.
       (h) Regulations.--Not later than one year after the date of 
     establishment of guidance required under subsection (f)(3), 
     and as necessary for subsequent updates, the Federal 
     Acquisition Regulatory Council shall revise the Federal 
     Acquisition Regulation as necessary to implement the 
     requirements of this section.
       (i) Reporting on Intelligence on Nefarious Activities of 
     Biotechnology Companies With Human Multiomic Data.--Not later 
     than 180 days after the date of the enactment of this Act, 
     and annually thereafter, the Director of National 
     Intelligence, in consultation with the heads of executive 
     agencies, shall submit to the appropriate congressional 
     committees a report on any intelligence in possession of such 
     agencies related to nefarious activities conducted by 
     biotechnology companies with human multiomic data. The report 
     shall include information pertaining to potential threats to 
     national security or public safety from the selling, 
     reselling, licensing, trading, transferring, sharing, or 
     otherwise providing or making available to any foreign 
     country of any forms of multiomic data of a United States 
     citizen.
       (j) No Additional Funds.--No additional funds are 
     authorized to be appropriated for the purpose of carrying out 
     this section.
       (k) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Select Committee 
     on Intelligence, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (B) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, the Committee on Foreign Affairs, 
     the Committee on Oversight and Accountability, the Committee 
     on Energy and Commerce, and the Select Committee on Strategic 
     Competition between the United States and the Chinese 
     Communist Party of the House of Representatives.
       (2) Biotechnology equipment or service.--The term 
     ``biotechnology equipment or service'' means--
       (A) equipment, including genetic sequencers, combined mass 
     spectrometry technologies, polymerase chain reaction 
     machines, or any other instrument, apparatus, machine, or 
     device, including components and accessories thereof, that is 
     designed for use in the research, development, production, or 
     analysis of biological materials as well as any software, 
     firmware, or other digital components that are specifically 
     designed for use in, and necessary for the operation of, such 
     equipment;
       (B) any service for the research, development, production, 
     analysis, detection, or provision of information, including 
     data storage and transmission related to biological 
     materials, including--
       (i) advising, consulting, or support services with respect 
     to the use or implementation of a instrument, apparatus, 
     machine, or device described in subparagraph (A); and
       (ii) disease detection, genealogical information, and 
     related services; and
       (C) any other service, instrument, apparatus, machine, 
     component, accessory, device, software, or firmware that is 
     designed for use in the research, development, production, or 
     analysis of biological materials that the Director of the 
     Office of Management and Budget, in consultation with the 
     heads of Executive agencies, as determined appropriate by the 
     Director of the Office of Management and Budget, determines 
     appropriate in the interest of national security.
       (3) Contract.--Except as the term is used under subsection 
     (b)(2) and subsection (c)(3), the term ``contract'' means any 
     contract subject to the Federal Acquisition Regulation issued 
     under section 1303(a)(1) of title 41, United States Code.
       (4) Control.--The term ``control'' has the meaning given to 
     that term in section 800.208 of title 31, Code of Federal 
     Regulations, or any successor regulations.
       (5) Executive agency.--The term ``executive agency'' has 
     the meaning given the term ``Executive agency'' in section 
     105 of title 5, United States Code.
       (6) Foreign adversary.--The term ``foreign adversary'' has 
     the meaning given the term ``covered nation'' in section 
     4872(d) of title 10, United States Code.
       (7) Multiomic.--The term ``multiomic'' means data types 
     that include genomics, epigenomics, transcriptomics, 
     proteomics, and metabolomics.
       (8) Overseas.--The term ``overseas'' means any area outside 
     of the United States, the Commonwealth of Puerto Rico, or a 
     territory or possession of the United States.
                                 ______
                                 
  SA 2167. Mr. SCOTT of South Carolina 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 B of title XII, add the following:

     SEC. 1228. REPEAL OF SUNSET OF IRAN SANCTIONS ACT OF 1996.

       (a) Findings.--Congress makes the following findings:
       (1) The Iran Sanctions Act of 1996 (Public Law 104-172; 50 
     U.S.C. 1701 note) requires the imposition of sanctions with 
     respect to

[[Page S4413]]

     Iran's illicit weapons programs, conventional weapons and 
     ballistic missile development, and support for terrorism, 
     including Iran's Revolutionary Guards Corps.
       (2) The Government of Iran has acquired destabilizing 
     conventional weapons systems from the Russian Federation and 
     other malign actors, and is funneling weapons and financial 
     support to its terrorist proxies throughout the Middle East, 
     threatening allies and partners of the United States, such as 
     Israel.
       (b) Statement of Policy.--It is the policy of the United 
     States to fully implement and enforce the Iran Sanctions Act 
     of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (c) Repeal of Sunset.--Section 13 of the Iran Sanctions Act 
     of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) is 
     amended--
       (1) in the section heading, by striking ``; sunset'';
       (2) by striking ``(a) Effective Date.--''; and
       (3) by striking subsection (b).
                                 ______
                                 
  SA 2168. Mr. SCOTT of South Carolina 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. REVIEW OF AND REPORTING ON NATIONAL SECURITY 
                   SENSITIVE SITES FOR PURPOSES OF REVIEWS OF REAL 
                   ESTATE TRANSACTIONS BY THE COMMITTEE ON FOREIGN 
                   INVESTMENT IN THE UNITED STATES.

       (a) List of National Security Sensitive Sites.--Section 
     721(a)(4)(C) of the Defense Production Act of 1950 (50 U.S.C. 
     4565(a)(4)(C)) is amended by adding at the end the following:
       ``(iii) List of sites.--For purposes of subparagraph 
     (B)(ii), the Committee may prescribe through regulations a 
     list of facilities and property of the United States 
     Government that are sensitive for reasons relating to 
     national security. Such list may include certain facilities 
     and property of the intelligence community and National 
     Laboratories (as defined in section 2 of the Energy Policy 
     Act of 2005 (42 U.S.C. 15801)).''.
       (b) Review and Reports.--Section 721(m) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(m)(2)) is amended--
       (1) in paragraph (2), by adding at the end the following:
       ``(L) A description of the activities of the Committee 
     relating to facilities and property of the United States 
     Government determined to be sensitive for reasons relating to 
     national security for purposes of subsection (a)(4)(B)(ii).
       ``(M) A certification with respect to whether or not the 
     list of such facilities and property prescribed under 
     subsection (a)(4)(C)(iii) is up to date and, if not, an 
     explanation of why not.'';
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following:
       ``(4) Annual review of list of facilities and property.--
     Not later than January 31 of each year, each member of the 
     Committee shall--
       ``(A) review the facilities and property of the agency 
     represented by that member that are on the list prescribed 
     under subparagraph (C)(iii) of subsection (a)(4) of 
     facilities and property that are sensitive for reasons 
     relating to national security for purposes of subparagraph 
     (B)(ii) of that subsection; and
       ``(B) submit to the chairperson a report on that review, 
     which shall include any recommended updates or revisions to 
     the list.''.
                                 ______
                                 
  SA 2169. Mr. SCOTT of South Carolina 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. __. BENEFICIAL OWNERSHIP INFORMATION REPORTING DEADLINES 
                   FOR SMALL BUSINESSES.

       Section 5336(b)(1) of title 31, United States Code, is 
     amended--
       (1) in subparagraph (B)--
       (A) by inserting ``(but which may not adjust the report 
     submission deadline)'' after ``Treasury''; and
       (B) by striking ``in a timely manner, and'';
       (2) in subparagraph (C)--
       (A) by inserting ``(but which may not adjust the report 
     submission deadline)'' after ``Treasury''; and
       (B) by striking ``at the time of'' and inserting ``not 
     later than 90 days after the date of such'';
       (3) in subparagraph (D)--
       (A) by inserting ``(but which may not adjust the report 
     submission deadline)'' after ``Treasury''; and
       (B) by striking ``in a timely manner, and not later than 1 
     year'' and inserting ``not later than 90 days''; and
       (4) by adding at the end the following:
       ``(H) Unable to obtain.--FinCEN may not by rule, guidance, 
     or otherwise, permit a reporting company from submitting a 
     report relating to the inability of the reporting company to 
     obtain or identify information in the alternative to 
     submitting a report required under this subsection.''.
                                 ______
                                 
  SA 2170. Mr. SCOTT of South Carolina 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 E of title XII, add the following:

     SEC. 1272. REPORTS ON ANTI-SEMITIC BOYCOTTS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the head 
     of the Office of Antiboycott Compliance of the Bureau of 
     Industry and Security of the Department of Commerce shall 
     submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Foreign Affairs of 
     the House of Representatives a report on boycotts targeted at 
     the State of Israel or based on anti-Semitism.
       (b) Elements.--The report required by subsection (a) shall 
     include, for each boycott described in that subsection, a 
     description of--
       (1) the boycott; and
       (2) the steps taken by the Department of Commerce to combat 
     the boycott.
       (c) Termination.--The requirement to submit reports under 
     subsection (a) shall terminate on the date that is 5 years 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 2171. Ms. CORTEZ MASTO 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. __. REAUTHORIZATION OF THE LAKE TAHOE RESTORATION ACT.

       (a) Cooperative Authorities.--Section 4(f) of the Lake 
     Tahoe Restoration Act (Public Law 106-506) is amended by 
     striking ``4 fiscal years following the date of enactment of 
     the Water Resources Development Act of 2016'' and inserting 
     ``period beginning on the date of enactment of this 
     subsection and ending on the date described in section 
     10(a)''.
       (b) Authorization of Appropriations.--Section 10(a) of the 
     Lake Tahoe Restoration Act (Public Law 106-506) is amended by 
     striking ``for a period'' and all that follows through the 
     period at the end and inserting ``, to remain available until 
     September 30, 2034.''.
                                 ______
                                 
  SA 2172. Ms. CORTEZ MASTO 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. ___. AMENDMENTS TO THE APEX PROJECT, NEVADA LAND 
                   TRANSFER AND AUTHORIZATION ACT OF 1989.

       (a) Definitions.--Section 2(b) of the Apex Project, Nevada 
     Land Transfer and Authorization Act of 1989 (Public Law 101-
     67; 103 Stat. 169) is amended--
       (1) in the matter preceding paragraph (1), by striking ``As 
     used in this Act, the following terms shall have the 
     following meanings--'' and inserting ``In this Act:'';
       (2) in each of paragraphs (1), (2), (4), and (5), by 
     inserting a paragraph heading, the text of which comprises 
     the term defined in that paragraph;
       (3) in paragraph (3), by inserting ``County; clark 
     county.--'' before ``The term'';
       (4) in paragraph (6)--
       (A) by inserting ``FLPMA terms.--'' before ``All''; and
       (B) by inserting ``(43 U.S.C. 1701 et seq.)'' before the 
     period at the end;
       (5) by redesignating paragraphs (1), (2), (3), (4), (5), 
     and (6) as paragraphs (7), (6), (4), (5), (2), and (8), 
     respectively;
       (6) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Apex industrial park owners association.--The term 
     `Apex Industrial Park Owners Association' means the Apex 
     Industrial Park Owners Association formed on

[[Page S4414]]

     April 9, 2001, and chartered in the State of Nevada 
     (including any successor in interest).''; and
       (7) by inserting after paragraph (2) (as so redesignated) 
     the following:
       ``(3) City.--The term `City' means the city of North Las 
     Vegas, Nevada.''.
       (b) Kerr-McGee Site Transfer.--Section 3(b) of the Apex 
     Project, Nevada Land Transfer and Authorization Act of 1989 
     (Public Law 101-67; 103 Stat. 170) is amended--
       (1) in the first sentence--
       (A) by striking ``Clark County'' and inserting ``Clark 
     County, the City, or the Apex Industrial Park Owners 
     Association, individually or jointly, as appropriate,''; and
       (B) by striking ``Site'' and inserting ``Site and other 
     land conveyed in accordance with this Act''; and
       (2) in the third sentence, by striking ``Clark County'' and 
     inserting ``Clark County, the City, or the Apex Industrial 
     Park Owners Association, individually or jointly, as 
     appropriate,''.
       (c) Authorization for Additional Transfers.--Section 4 of 
     the Apex Project, Nevada Land Transfer and Authorization Act 
     of 1989 (Public Law 101-67; 103 Stat. 171) is amended--
       (1) in subsection (c), by striking ``Clark County'' and 
     inserting ``Clark County, the City, or the Apex Industrial 
     Park Owners Association, individually or jointly, as 
     appropriate,''; and
       (2) in subsection (e), by adding at the end the following:
       ``(3) Mineral Materials Sale.--Notwithstanding the 
     requirements of part 3600 of title 43, Code of Federal 
     Regulations (as in effect on the date of enactment of the 
     National Defense Authorization Act for Fiscal Year 2025), the 
     Secretary may sell, at not less than fair market value, 
     without advertising or calling for bids and without regard to 
     volume or time limitations, mineral materials resulting from 
     grading, land balancing, or other activities on the surface 
     of a parcel of land within the Apex Site for which the United 
     States retains an interest in the minerals.''.
       (d) Environmental Considerations.--Section 6 of the Apex 
     Project, Nevada Land Transfer and Authorization Act of 1989 
     (Public Law 101-67; 103 Stat. 173) is amended by adding at 
     the end the following:
       ``(d) Compliance With Environmental Assessments.--Each 
     transfer by the United States of land or interest in lands 
     within the Apex Site or rights-of-way issued pursuant to this 
     Act shall be conditioned on the compliance with applicable 
     Federal land laws, including the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.).''.
                                 ______
                                 
  SA 2173. Ms. CORTEZ MASTO 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. ___. SLOAN CANYON NATIONAL CONSERVATION AREA BOUNDARY 
                   ADJUSTMENT.

       (a) Definitions.--In this section:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Sloan Canyon National Conservation Area.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior (acting through the Director of the Bureau of 
     Land Management).
       (b) Boundary Adjustment.--
       (1) Map.--Section 603(4) of the Sloan Canyon National 
     Conservation Area Act (16 U.S.C. 460qqq-1(4)) is amended by 
     striking ``map entitled `Southern Nevada Public Land 
     Management Act' and dated October 1, 2002'' and inserting 
     ``map entitled `Proposed Sloan Canyon Expansion' and dated 
     June 7, 2023''.
       (2) Acreage.--Section 604(b) of the Sloan Canyon National 
     Conservation Area Act (16 U.S.C. 460qqq-2(b)) is amended by 
     striking ``48,438'' and inserting ``57,728''.
       (c) Right-of-way.--Section 605 of the Sloan Canyon National 
     Conservation Area Act (16 U.S.C. 460qqq-3) is amended by 
     adding at the end the following:
       ``(h) Horizon Lateral Pipeline Right-of-way.--
       ``(1) In general.--Notwithstanding sections 202 and 503 of 
     the Federal Land Policy Management Act of 1976 (43 U.S.C. 
     1712, 1763) and subject to valid existing rights and 
     paragraph (3), the Secretary of the Interior, acting through 
     the Director of the Bureau of Land Management (referred to in 
     this subsection as the `Secretary'), shall, not later than 1 
     year after the date of enactment of this subsection, grant to 
     the Southern Nevada Water Authority (referred to in this 
     subsection as the `Authority'), not subject to the payment of 
     rents or other charges, the temporary and permanent water 
     pipeline infrastructure, and outside the boundaries of the 
     Conservation Area, powerline, facility, and access road 
     rights-of-way depicted on the map for the purposes of--
       ``(A) performing geotechnical investigations within the 
     rights-of-way; and
       ``(B) constructing and operating water transmission and 
     related facilities.
       ``(2) Excavation and disposal.--
       ``(A) In general.--The Authority may, without 
     consideration, excavate and use or dispose of sand, gravel, 
     minerals, or other materials from the tunneling of the water 
     pipeline necessary to fulfill the purpose of the rights-of-
     way granted under paragraph (1).
       ``(B) Memorandum of understanding.--Not later than 30 days 
     after the date on which the rights-of-way are granted under 
     paragraph (1), the Secretary and the Authority shall enter 
     into a memorandum of understanding identifying Federal land 
     on which the Authority may dispose of materials under 
     subparagraph (A) to further the interests of the Bureau of 
     Land Management.
       ``(3) Requirements.--A right-of-way issued under this 
     subsection shall be subject to the following requirements:
       ``(A) The Secretary may include reasonable terms and 
     conditions, consistent with section 505 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1765), as are 
     necessary to protect Conservation Area resources.
       ``(B) Construction of the water pipeline shall not 
     permanently adversely affect conservation area surface 
     resources.
       ``(C) The right-of-way shall not be located through or 
     under any area designated as wilderness.''.
       (d) Preservation of Transmission and Utility Corridors and 
     Rights-of-way.--The expansion of the Conservation Area 
     boundary under the amendment made by subsection (b)--
       (1) shall be subject to valid existing rights, including 
     land within a designated utility transmission corridor or a 
     transmission line right-of-way grant approved by the 
     Secretary in a record of decision issued before the date of 
     enactment of this Act;
       (2) shall not preclude--
       (A) any activity authorized in accordance with a designated 
     corridor or right-of-way referred to in paragraph (1), 
     including the operation, maintenance, repair, or replacement 
     of any authorized utility facility within the corridor or 
     right-of-way; or
       (B) the Secretary from authorizing the establishment of a 
     new utility facility right-of-way within an existing 
     designated transportation and utility corridor referred to in 
     paragraph (1) in accordance with--
       (i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and other applicable laws; and
       (ii) subject to such terms and conditions as the Secretary 
     determines to be appropriate; and
       (3) except as provided in the amendment made by subsection 
     (c), modifies the management of the Conservation Area 
     pursuant to section 605 of the Sloan Canyon National 
     Conservation Area Act (16 U.S.C. 460qqq-3).
                                 ______
                                 
  SA 2174. Ms. CORTEZ MASTO 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. ___. DESIGNATION OF SOUTHERN PAIUTE WILDERNESS, NEVADA.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) State.--The term ``State'' means the State of Nevada.
       (3) Wilderness area.--The term ``wilderness area'' means 
     the wilderness area designated by subsection (b)(1).
       (b) Addition to the National Wilderness Preservation 
     System.--
       (1) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), there is designated as wilderness and 
     as a component of the National Wilderness Preservation System 
     the approximately 736,188 acres of Federal land managed by 
     the Director of the United States Fish and Wildlife Service 
     in Clark and Lincoln Counties, Nevada, to be known as the 
     ``Southern Paiute Wilderness''.
       (2) Boundary.--The boundary of any portion of the 
     wilderness area that is bordered by a road shall be not less 
     than 50 feet from the centerline of the road.
       (3) Map and legal description.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal description of the wilderness area.
       (B) Effect.--The map and legal description prepared under 
     subparagraph (A) shall have the same force and effect as if 
     included in this section, except that the Secretary may 
     correct clerical and typographical errors in the map or legal 
     description.
       (C) Availability.--The map and legal description prepared 
     under subparagraph (A) shall be on file and available for 
     public inspection in the appropriate offices of the United 
     States Fish and Wildlife Service.
       (4) Withdrawal.--Subject to valid existing rights, the 
     wilderness area is withdrawn from--
       (A) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing and geothermal leasing 
     laws.

[[Page S4415]]

       (c) Management.--Subject to valid existing rights, the 
     wilderness area shall be administered by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     except that--
       (1) any reference in that Act to the effective date of that 
     Act shall be considered to be a reference to the date of 
     enactment of this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary.
       (d) Incorporation of Acquired Land and Interests in Land.--
     Any land or interest in land within the boundary of the 
     wilderness area that is acquired by the United States after 
     the date of enactment of this Act shall be added to, and 
     administered as part of, the wilderness area.
       (e) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the land designated as the wilderness area--
       (i) is within the Mojave Desert;
       (ii) is arid in nature; and
       (iii) includes ephemeral streams;
       (B) the hydrology of the land designated as the wilderness 
     area is predominantly characterized by complex flow patterns 
     and alluvial fans with impermanent channels;
       (C) the subsurface hydrogeology of the region in which the 
     land designated as the wilderness area is located is 
     characterized by--
       (i) groundwater subject to local and regional flow 
     gradients; and
       (ii) unconfined and artesian conditions;
       (D) the land designated as the wilderness area is generally 
     not suitable for use or development of new water resource 
     facilities; and
       (E) because of the unique nature and hydrology of the 
     desert land in the wilderness area, it is possible to provide 
     for proper management and protection of the wilderness area 
     and other values of land in ways different from ways used in 
     other laws.
       (2) Effect.--Nothing in this section--
       (A) constitutes an express or implied reservation by the 
     United States of any water or water rights with respect to 
     the wilderness area;
       (B) affects any water rights in the State (including any 
     water rights held by the United States) in existence on the 
     date of enactment of this Act;
       (C) establishes a precedent with regard to any future 
     wilderness designations;
       (D) affects the interpretation of, or any designation made 
     under, any other Act; or
       (E) limits, alters, modifies, or amends any interstate 
     compact or equitable apportionment decree that apportions 
     water among and between the State and other States.
       (3) State water law.--The Secretary shall follow the 
     procedural and substantive requirements of State law in order 
     to obtain and hold any water rights not in existence on the 
     date of enactment of this Act with respect to the wilderness 
     area.
       (4) New projects.--
       (A) Definition of water resource facility.--
       (i) In general.--In this paragraph, the term ``water 
     resource facility'' means an irrigation or pumping facility, 
     reservoir, water conservation work, aqueduct, canal, ditch, 
     pipeline, well, hydropower project, transmission or other 
     ancillary facility, and other water diversion, storage, or 
     carriage structure.
       (ii) Exclusion.--In this paragraph, the term ``water 
     resource facility'' does not include a wildlife guzzler.
       (B) Restriction on new water resource facilities.--Except 
     as otherwise provided in this section, on and after the date 
     of enactment of this Act, neither the President nor any other 
     officer, employee, or agent of the United States shall fund, 
     assist, authorize, or issue a license or permit for the 
     development of any new water resource facility within the 
     wilderness area.
       (f) Wildfire, Insects, and Disease.--In accordance with 
     section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), 
     the Secretary may take such measures in the wilderness area 
     as are necessary for the control of fire, insects, and 
     diseases (including, as the Secretary determines to be 
     appropriate, the coordination of the activities with a State 
     or local agency).
       (g) Data Collection.--Subject to such terms and conditions 
     as the Secretary may prescribe, nothing in this section 
     precludes the installation and maintenance of hydrologic, 
     meteorological, or climatological collection devices in the 
     wilderness area, if the Secretary determines that the devices 
     and access to the devices are essential to flood warning, 
     flood control, or water reservoir operation activities.
       (h) Military Overflights.--Nothing in this section 
     restricts or precludes--
       (1) low-level overflights of military aircraft over the 
     wilderness area, including military overflights that can be 
     seen or heard within the wilderness area;
       (2) flight testing or evaluation; or
       (3) the designation or creation of new units of special use 
     airspace or the establishment of military flight training 
     routes, over the wilderness area.
       (i) Wildlife Management.--
       (1) In general.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     section affects or diminishes the jurisdiction of the State 
     with respect to fish and wildlife management, including the 
     regulation of hunting, fishing, and trapping, in the 
     wilderness area.
       (2) Management activities.--In furtherance of the purposes 
     and principles of the Wilderness Act (16 U.S.C. 1131 et 
     seq.), the Secretary may conduct any management activities in 
     the wilderness area that are necessary to maintain or restore 
     fish and wildlife populations and the habitats to support the 
     populations, if the activities are carried out--
       (A) consistent with relevant wilderness management plans or 
     comprehensive conservation plans; and
       (B) in accordance with--
       (i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (ii) appropriate policies, including policies authorizing 
     the occasional and temporary use of motorized vehicles, if 
     the use, as determined by the Secretary, would promote 
     healthy, viable, and more naturally distributed wildlife 
     populations that would enhance wilderness values with the 
     minimal impact necessary to reasonably accomplish those 
     tasks.
       (3) Existing activities.--In accordance with section 
     4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the 
     State may continue to use aircraft (including helicopters) to 
     survey, capture, transplant, monitor, and provide water for 
     wildlife populations.
       (4) Wildlife water development projects.--Subject to 
     subsection (e), the Secretary shall authorize structures and 
     facilities, including existing structures and facilities, for 
     wildlife water development projects, including guzzlers, in 
     the wilderness area if--
       (A) the structures and facilities would, as determined by 
     the Secretary, enhance wilderness values by promoting 
     healthy, viable, and more naturally distributed wildlife 
     populations; and
       (B) the visual impacts of the structures and facilities on 
     the wilderness area can reasonably be minimized.
       (5) Hunting, fishing, and trapping.--
       (A) In general.--The Secretary may designate areas in 
     which, and establish periods during which, for reasons of 
     public safety, administration, or compliance with applicable 
     laws, no hunting, fishing, or trapping will be permitted in 
     the wilderness area.
       (B) Consultation.--Except in an emergency, the Secretary 
     shall consult with the appropriate State agency and notify 
     the public before taking any action under subparagraph (A).
       (j) Preservation of Public Access.--The area depicted as 
     ``Corn Creek / Alamo Road'' on the map entitled ``Desert 
     National Wildlife Range Proposed Southern Paiute Wilderness 
     Area'' and dated September 7, 2023, shall be preserved for 
     public access.
                                 ______
                                 
  SA 2175. Ms. CORTEZ MASTO (for herself and Mr. Grassley) 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:

                 TITLE ___--COMBATING ILLICIT XYLAZINE

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Combating Illicit Xylazine 
     Act''.

     SEC. ___02. FINDINGS.

       Congress finds the following:
       (1) Illicit xylazine presents an urgent threat to public 
     health and safety.
       (2) The proliferation of xylazine as an additive to illicit 
     drugs such as fentanyl and other narcotics threatens to 
     exacerbate the opioid public health emergency.
       (3) There is currently no drug approved by the Food and 
     Drug Administration to reverse the effects of xylazine in 
     humans.
       (4) The adverse effects resulting from the use of xylazine 
     in humans, including depressed breathing and heart rate and 
     unconsciousness, necrosis, sometimes leading to amputation, 
     and other permanent physical health consequences have been 
     observed in humans using xylazine.
       (5) The spread of illicit xylazine use has followed 
     geographic patterns seen in the spread of illicit fentanyl 
     use, with proliferation encountered initially in the 
     Northeastern United States and later spreading south and 
     west.
       (6) Prompt action to control illicit xylazine will help 
     limit further proliferation of illicit xylazine, saving 
     countless lives.

     SEC. ___03. DEFINITIONS.

       (a) In General.--In this title, the term ``xylazine'' has 
     the meaning given the term in paragraph (60) of section 102 
     of the Controlled Substances Act, as added by subsection (b) 
     of this section.
       (b) Controlled Substances Act.--Section 102 of the 
     Controlled Substances Act (21 U.S.C. 802) is amended--
       (1) by redesignating the second paragraph (57) (relating to 
     serious drug felony) and paragraph (58) as paragraphs (58) 
     and (59), respectively; and
       (2) by adding at the end the following:
       ``(60) The term `xylazine' means the substance xylazine, 
     including its salts, isomers, and salts of isomers whenever 
     the existence of such salts, isomers, and salts of isomers is 
     possible.''.

[[Page S4416]]

  


     SEC. ___04. ADDING XYLAZINE TO SCHEDULE III.

       Schedule III of section 202(c) of the Controlled Substances 
     Act (21 U.S.C. 812) is amended by adding at the end the 
     following:
       ``(f) Unless specifically excepted or unless listed in 
     another schedule, any material, compound, mixture, or 
     preparation which contains any quantity of xylazine.''.

     SEC. ___05. AMENDMENTS.

       (a) Amendment.--Section 102 of the Controlled Substances 
     Act (21 U.S.C. 802) is amended by striking paragraph (27) and 
     inserting the following:
       ``(27)(A) Except as provided in subparagraph (B), the term 
     `ultimate user' means a person who has lawfully obtained, and 
     who possesses, a controlled substance for the use by the 
     person or for the use of a member of the household of the 
     person or for an animal owned by the person or by a member of 
     the household of the person.
       ``(B)(i) In the case of xylazine, other than for a drug 
     product approved under subsection (b) or (j) of section 505 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), 
     the term `ultimate user' means a person--
       ``(I) to whom xylazine was dispensed by--
       ``(aa) a veterinarian registered under this Act; or
       ``(bb) a pharmacy registered under this Act pursuant to a 
     prescription of a veterinarian registered under this Act; and
       ``(II) who possesses xylazine for--
       ``(aa) an animal owned by the person or by a member of the 
     household of the person;
       ``(bb) an animal under the care of the person;
       ``(cc) use in government animal-control programs authorized 
     under applicable Federal, State, Tribal, or local law; or
       ``(dd) use in wildlife programs authorized under applicable 
     Federal, State, Tribal, or local law.
       ``(ii) In this subparagraph, the term `person' includes--
       ``(I) a government agency or business where animals are 
     located; and
       ``(II) an employee or agent of an agency or business acting 
     within the scope of their employment or agency.''.
       (b) Facilities.--An entity that manufactures xylazine, as 
     of the date of enactment of this Act, shall not be required 
     to make capital expenditures necessary to install the 
     security standard required of schedule III of the Controlled 
     Substances Act (21 U.S.C. 801 et seq.) for the purposes of 
     manufacturing xylazine.
       (c) Labeling.--The requirements related to labeling, 
     packaging, and distribution logistics of a controlled 
     substance in schedule III of section 202(c) of the Controlled 
     Substances Act (21 U.S.C. 812(c)) shall not take effect for 
     xylazine until the date that is 1 year after the date of 
     enactment of this Act.
       (d) Practitioner Registration.--The requirements related to 
     practitioner registration, inventory, and recordkeeping of a 
     controlled substance in schedule III of section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)) shall not take 
     effect for xylazine until the date that is 60 days after the 
     date of enactment of this Act. A practitioner that has 
     applied for registration during the 60-day period beginning 
     on the date of enactment of this Act may continue their 
     lawful activities until such application is approved or 
     denied.
       (e) Manufacturer Transition.--The Food and Drug 
     Administration and the Drug Enforcement Administration shall 
     facilitate and expedite the relevant manufacturer submissions 
     or applications required by the placement of xylazine on 
     schedule III of section 202(c) of the Controlled Substances 
     Act (21 U.S.C. 812(c)).
       (f) Clarification.--Nothing in this title, or the 
     amendments made by this title, shall be construed to require 
     the registration of an ultimate user of xylazine under the 
     Controlled Substances Act (21 U.S.C. 801 et seq.) in order to 
     possess xylazine in accordance with subparagraph (B) of 
     section 102(27) of that Act (21 U.S.C. 802(27)), as added by 
     subsection (a) of this section.

     SEC. ___06. ARCOS TRACKING.

       Section 307(i) of the Controlled Substances Act (21 U.S.C. 
     827(i)) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by inserting ``or xylazine'' after ``gamma 
     hydroxybutyric acid'';
       (B) by inserting ``or 512'' after ``section 505''; and
       (C) by inserting ``respectively,'' after ``the Federal 
     Food, Drug, and Cosmetic Act,''; and
       (2) in paragraph (6), by inserting ``or xylazine'' after 
     ``gamma hydroxybutyric acid''.

     SEC. ___07. SENTENCING COMMISSION.

       Pursuant to its authority under section 994(p) of title 28, 
     United States Code, the United States Sentencing Commission 
     shall review and, if appropriate, amend its sentencing 
     guidelines, policy statements, and official commentary 
     applicable to persons convicted of an offense under section 
     401 of the Controlled Substances Act (21 U.S.C. 841) or 
     section 1010 of the Controlled Substances Import and Export 
     Act (21 U.S.C. 960) to provide appropriate penalties for 
     offenses involving xylazine that are consistent with the 
     amendments made by this title. In carrying out this section, 
     the Commission should consider the common forms of xylazine 
     as well as its use alongside other scheduled substances.

     SEC. ___08. REPORT TO CONGRESS ON XYLAZINE.

       (a) Initial Report.--Not later than 18 months after the 
     date of the enactment of this Act, the Attorney General, 
     acting through the Administrator of the Drug Enforcement 
     Administration and in coordination with the Commissioner of 
     Food and Drugs, shall submit to Congress a report on the 
     prevalence of illicit use of xylazine in the United States 
     and the impacts of such use, including--
       (1) where the drug is being diverted;
       (2) where the drug is originating; and
       (3) whether any analogues to xylazine, or related or 
     derivative substances, exist and present a substantial risk 
     of abuse.
       (b) Additional Report.--Not later than 4 years after the 
     date of the enactment of this Act, the Attorney General, 
     acting through the Administrator of the Drug Enforcement 
     Administration and in coordination with the Commissioner of 
     Food and Drugs, shall submit to Congress a report updating 
     Congress on the prevalence and proliferation of xylazine 
     trafficking and misuse in the United States.
                                 ______
                                 
  SA 2176. Ms. CORTEZ MASTO (for herself and Mr. Moran) 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. ___. DATA MATCHING AGREEMENT WITH THE DEPARTMENT OF 
                   EDUCATION.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Defense shall complete a data matching 
     agreement with the Secretary of Education in order to ensure 
     that individuals who are current or former active-duty 
     military service members or civilian employees and are 
     otherwise eligible for assistance under the public service 
     loan forgiveness program under section 455(m) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087e(m)) have their periods 
     of employment, beginning on October 1, 2007, certified.
                                 ______
                                 
  SA 2177. Ms. CORTEZ MASTO (for herself and Mr. Grassley) 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. INVEST TO PROTECT ACT OF 2024.

       (a) Short Title.--
       This section may be cited as the ``Invest to Protect Act of 
     2024''.
       (b) Grant Program.--
       (1) Definitions.--In this subsection:
       (A) De-escalation training.--The term ``de-escalation 
     training'' means training relating to taking action or 
     communicating verbally or non-verbally during a potential 
     force encounter in an attempt to stabilize the situation and 
     reduce the immediacy of the threat so that more time, 
     options, and resources can be called upon to resolve the 
     situation without the use of force or with a reduction in the 
     force necessary.
       (B) Director.--The term ``Director'' means the Director of 
     the Office.
       (C) Eligible local government.--The term ``eligible local 
     government'' means--
       (i) a county, municipality, town, township, village, 
     parish, borough, or other unit of general government below 
     the State level that employs fewer than 175 law enforcement 
     officers; and
       (ii) a Tribal government that employs fewer than 175 law 
     enforcement officers.
       (D) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given the term ``career law 
     enforcement officer'' in section 1709 of title I the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389).
       (E) Office.--The term ``Office'' means the Office of 
     Community Oriented Policing Services of the Department of 
     Justice.
       (2) Establishment.--There is established within the Office 
     a grant program to--
       (A) provide training and access to mental health resources 
     to local law enforcement officers; and
       (B) improve the recruitment and retention of local law 
     enforcement officers.
       (3) Authority.--
       (A) In general.--As provided in advance in appropriations 
     Acts, the Director shall award grants to eligible local 
     governments as a part of the grant program established under 
     paragraph (2).
       (B) Limitation.--Any sums provided in advance in 
     appropriations Acts to carry out the grant program 
     established under paragraph (2) shall not exceed $50,000,000 
     each fiscal year.
       (4) Applications.--
       (A) Barriers.--The Attorney General shall determine what 
     barriers exist to establishing a streamlined application 
     process for grants under this subsection.
       (B) Report.--
       (i) In general.--Not later than 60 days after the date of 
     enactment of this Act, the

[[Page S4417]]

     Attorney General shall submit to Congress a report that 
     includes a plan to execute a streamlined application process 
     for grants under this subsection under which an eligible 
     local government seeking a grant under this subsection can 
     reasonably complete the application in not more than 2 hours.
       (ii) Contents of plan.--The plan required under clause (i) 
     may include a plan for--

       (I) proactively providing eligible local governments 
     seeking a grant under this subsection with information on the 
     data eligible local governments will need to prepare before 
     beginning the grant application; and
       (II) ensuring technical assistance is available for 
     eligible local governments seeking a grant under this 
     subsection before and during the grant application process, 
     including through dedicated liaisons within the Office.

       (C) Applications.--In selecting eligible local governments 
     to receive grants under this subsection, the Director shall 
     use the streamlined application process described in 
     subparagraph (B)(i).
       (5) Eligible activities.--An eligible local government that 
     receives a grant under this subsection may use amounts from 
     the grant only for--
       (A) de-escalation training for law enforcement officers;
       (B) victim-centered training for law enforcement officers 
     in handling situations of domestic violence;
       (C) evidence-based law enforcement safety training for--
       (i) active shooter situations;
       (ii) the safe handling of illicit drugs and precursor 
     chemicals;
       (iii) rescue situations;
       (iv) recognizing and countering ambush attacks; or
       (v) response to calls for service involving--

       (I) persons with mental health needs;
       (II) persons with substance use disorders;
       (III) veterans;
       (IV) persons with disabilities;
       (V) vulnerable youth;
       (VI) persons who are victims of domestic violence, sexual 
     assault, or trafficking; or
       (VII) persons experiencing homelessness or living in 
     poverty;

       (D) the offsetting of overtime costs associated with 
     scheduling issues relating to the participation of a law 
     enforcement officer in the training described in 
     subparagraphs (A) through (C), (I), and (J);
       (E) a signing bonus for a law enforcement officer in an 
     amount determined by the eligible local government;
       (F) a retention bonus for a law enforcement officer--
       (i) in an amount determined by the eligible local 
     government that does not exceed 20 percent of the salary of 
     the law enforcement officer; and
       (ii) who--

       (I) has been employed at the law enforcement agency for not 
     fewer than 5 years;
       (II) has not been found by an internal investigation to 
     have engaged in serious misconduct; and
       (III) commits to remain employed by the law enforcement 
     agency for not less than 3 years after the date of receipt of 
     the bonus;

       (G) a stipend for the graduate education of law enforcement 
     officers in the area of mental health, public health, or 
     social work, which shall not exceed the lesser of--
       (i) $10,000; or
       (ii) the amount the law enforcement officer pays towards 
     such graduate education;
       (H) providing access to patient-centered behavioral health 
     services for law enforcement officers, which may include 
     resources for risk assessments, evidence-based, trauma-
     informed care to treat post-traumatic stress disorder or 
     acute stress disorder, peer support and counselor services 
     and family supports, and the promotion of improved access to 
     high quality mental health care through telehealth;
       (I) the implementation of evidence-based best practices and 
     training on the use of lethal and nonlethal force;
       (J) the implementation of evidence-based best practices and 
     training on the duty of care and the duty to intervene; and
       (K) data collection for police practices relating to 
     officer and community safety.
       (6) Reporting requirements for grant recipients.--
       (A) In general.--The Director shall establish reasonable 
     reporting requirements specifically relating to a grant 
     awarded under this subsection for eligible local governments 
     that receive such a grant in order to assist with the 
     evaluation by the Office of the program established under 
     this subsection.
       (B) Considerations.--In establishing requirements under 
     subparagraph (A), the Director shall consider the capacity of 
     law enforcement agencies with fewer than 175 officers to 
     collect and report information.
       (7) Disclosure of officer recruitment and retention 
     bonuses.--
       (A) In general.--Not later than 60 days after the date on 
     which an eligible local government that receives a grant 
     under this subsection awards a signing or retention bonus 
     described in subparagraph (E) or (F) of paragraph (5), the 
     eligible local government shall disclose to the Director and 
     make publicly available on a website of the eligible local 
     government the amount of the bonus.
       (B) Report.--The Attorney General shall submit to the 
     appropriate congressional committees an annual report that 
     includes each signing or retention bonus disclosed under 
     subparagraph (A) during the preceding year.
       (8) Grant accountability.--
       (A) In general.--All grants awarded by the Director under 
     this subsection shall be subject to the accountability 
     provisions described in this paragraph.
       (B) Audit requirement.--
       (i) Definition.--In this subparagraph, the term 
     ``unresolved audit finding'' means a finding in the final 
     audit report of the Inspector General of the Department of 
     Justice that the audited grantee has used grant funds for an 
     unauthorized expenditure or otherwise unallowable cost that 
     is not closed or resolved within 12 months from the date when 
     the final audit report is issued.
       (ii) Audits.--Beginning in the first fiscal year beginning 
     after the date of enactment of this paragraph, and in each 
     fiscal year thereafter, the Inspector General of the 
     Department of Justice shall conduct audits of recipients of 
     grants under this subsection to prevent waste, fraud, and 
     abuse of funds by grantees. The Inspector General of the 
     Department of Justice shall determine the appropriate number 
     of grantees to be audited each year.
       (iii) Mandatory exclusion.--A recipient of grant funds 
     under this subsection that is found to have an unresolved 
     audit finding shall not be eligible to receive grant funds 
     under this subsection during the first 3 fiscal years 
     beginning after the end of the 12-month period described in 
     clause (i).
       (iv) Reimbursement.--If an eligible local government is 
     awarded grant funds under this subsection during the 3-
     fiscal-year period during which the eligible local government 
     is barred from receiving grants under clause (iii), the 
     Attorney General shall--

       (I) deposit an amount equal to the amount of the grant 
     funds that were improperly awarded to the grantee into the 
     General Fund of the Treasury; and
       (II) seek to recoup the costs of the repayment to the fund 
     from the grant recipient that was erroneously awarded grant 
     funds.

       (C) Annual certification.--Beginning in the fiscal year 
     during which audits commence under subparagraph (B)(ii), the 
     Attorney General shall submit to the Committee on the 
     Judiciary and the Committee on Appropriations of the Senate 
     and the Committee on the Judiciary and the Committee on 
     Appropriations of the House of Representatives an annual 
     certification--
       (i) indicating whether--

       (I) all audits issued by the Office of the Inspector 
     General of the Department of Justice under subparagraph (B) 
     have been completed and reviewed by the appropriate Assistant 
     Attorney General or Director;
       (II) all mandatory exclusions required under subparagraph 
     (B)(iii) have been issued; and
       (III) all reimbursements required under subparagraph 
     (B)(iv) have been made; and

       (ii) that includes a list of any grant recipients excluded 
     under subparagraph (B) from the previous year.
       (9) Program evaluation.--Not less frequently than annually, 
     the Attorney General shall analyze the information provided 
     by eligible local governments pursuant to the reporting 
     requirements established under paragraph (6)(A) to evaluate 
     the efficacy of programs funded by the grant program under 
     this subsection.
       (10) Preventing duplicative grants.--
       (A) In general.--Before the Director awards a grant to an 
     eligible local government under this subsection, the Attorney 
     General shall compare potential grant awards with other 
     grants awarded by the Attorney General to determine if grant 
     awards are or have been awarded for a similar purpose.
       (B) Report.--If the Attorney General awards grants to the 
     same applicant for a similar purpose, whether through the 
     grant program under this subsection or another grant program 
     administered by the Department of Justice, the Attorney 
     General shall submit to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives a report that includes--
       (i) a list of all such grants awarded, including the total 
     dollar amount of any such grants awarded; and
       (ii) the reason the Attorney General awarded multiple 
     grants to the same applicant for a similar purpose.
                                 ______
                                 
  SA 2178. Mr. WYDEN 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 B of title XV, insert 
     the following:

     SEC. 15___. ASSESSMENT OF QUALITY OF DATA USED TO TRAIN 
                   ALGORITHMS FOR TARGET IDENTIFICATION.

       (a) In General.--Not later than December 31, 2025, the 
     Secretary of Defense shall complete a comprehensive 
     assessment of the quality of data and potential for racial 
     bias of data labeling used to train algorithms for target 
     identification and sensor processing and decision-making 
     support.
       (b) Contents.--The assessment required by subsection (a) 
     shall include an assessment of data used to train--

[[Page S4418]]

       (1) target identification algorithms for Project Maven;
       (2) intelligence, surveillance, and reconnaissance systems;
       (3) weapon systems that have lethal, offensive strike 
     capabilities that are autonomous or planned to become 
     autonomous; and
       (4) weapon systems subject to senior review under 
     Department of Defense Directive 3000.09; and
       (c) Briefing.--Not later than February 1, 2026, the 
     Secretary shall brief the appropriate congressional 
     committees on the completed assessment required by subsection 
     (a) and recommendations how to improve the quality of the 
     assessed data.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) Autonomous; planned to become autonomous.--
       (A) Autonomous.--The term ``autonomous'', with respect to a 
     weapon system, means that the weapon system, once activated, 
     can select and engage targets without further intervention by 
     an operator, as defined in Department of Defense Directive 
     3000.09; or
       (B) Planned to become autonomous.--The term ``planned to 
     become autonomous'', with respect to a weapon system, means 
     that the weapon system has the potential to be deployed in a 
     manner that would qualify as an autonomous weapon system 
     under Department of Defense Directive 3000.09.
       (3) Quality of data.--The term ``quality of data'' 
     includes--
       (A) the accuracy of data labeling;
       (B) the condition of the data;
       (C) the accuracy of data indexing;
       (D) the suitability of the data for the intended task; and
       (E) the freedom of the data from unintended bias.
                                 ______
                                 
  SA 2179. Mr. WYDEN 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 B of title II, insert 
     the following:

     SEC. 2___. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON 
                   EMERGING TECHNOLOGY AND NATIONAL SECURITY.

       Section 236 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283), is amended--
       (1) in subsection (a), by striking ``may'' and inserting 
     ``shall'';
       (2) by redesignating subsection (e) and (f) as subsections 
     (f) and (g), respectively;
       (3) by inserting after subsection (d) the following:
       ``(e) Report on Comparative Capabilities of Adversaries 
     With Respect to Lethal Autonomous Weapon Systems.--
       ``(1) In general.--Not later than December 31, 2025, and 
     annually thereafter, the Steering Committee shall submit the 
     appropriate congressional committees a report comparing the 
     capabilities of the United States with the capabilities of 
     adversaries of the United States with respect to weapon 
     systems described in paragraph (3).
       ``(2) Elements.--The report required by paragraph (1) shall 
     include--
       ``(A) for each weapon system described in subsection (c)--
       ``(i) an evaluation of spending by the United States and 
     adversaries on such weapon system;
       ``(ii) an evaluation of the test infrastructure and 
     workforce supporting such weapon system; and
       ``(iii) an evaluation of the quantity of such weapon system 
     under development, developed, or deployed;
       ``(B) an assessment of the technological progress of the 
     United States and adversaries on lethal fully automated 
     weapon systems technology;
       ``(C) a description of the timeline for operational 
     deployment of such technology by the United States and 
     adversaries;
       ``(D) an assessment, conducted in coordination with the 
     Director of National Intelligence, of the intent or 
     willingness of adversaries to use such technology; and
       ``(E) the approval process of the United States for the 
     development and deployment of lethal automated weapon 
     systems.
       ``(3) Weapon systems described.--The weapon systems 
     described in this subsection are the following:
       ``(A) Weapon systems with lethal, offensive capabilities 
     that are fully-automated or have the potential to become 
     fully-automated.
       ``(B) Weapon systems with targeting assist capabilities.
       ``(C) Automated systems with intelligence, surveillance, 
     and reconnaissance capabilities.
       ``(4) Form.--The report required by paragraph (1) shall be 
     submitted in classified form.
       ``(5) Appropriate congressional committees defined.--In 
     this section, the term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       ``(B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.''; and
       (4) in subsection (f), as redesignated by paragraph (2)--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by inserting after paragraph (1) the following:
       ``(2) Fully automated; potential to become fully 
     automated.--
       ``(A) Fully automated.--The term `fully automated', with 
     respect to a weapon system, means that the weapon system, 
     once activated, can select and engage targets without further 
     intervention by an operator, as defined in Department of 
     Defense Directive 3000.09; or
       ``(B) Potential to become fully automated.--The term 
     `potential to become fully automated', with respect to a 
     weapon system, means that the weapon system has the potential 
     to be deployed in a manner that would qualify as an 
     autonomous weapon system under Department of Defense 
     Directive 3000.09.''.
                                 ______
                                 
  SA 2180. Mr. WYDEN 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 VII, add the following:

     SEC. 727. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN 
                   MEDICAL TRAINING.

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

     ``Sec. 2018. Use of human-based methods for certain medical 
       training

       ``(a) Combat Trauma Injuries.--(1) Not later than October 
     1, 2025, the Secretary of Defense shall develop, test, and 
     validate human-based training methods for the purpose of 
     training members of the armed forces in the treatment of 
     combat trauma injuries with the goal of replacing live 
     animal-based training methods.
       ``(2) Not later than October 1, 2027, the Secretary--
       ``(A) shall only use human-based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries; and
       ``(B) may not use animals for such purpose.
       ``(b) Exception for Particular Commands and Training 
     Methods.--(1) The Secretary may exempt a particular command, 
     particular training method, or both, from the requirement for 
     human-based training methods under subsection (a)(2) if the 
     Secretary determines that human-based training methods will 
     not provide an educationally equivalent or superior 
     substitute for live animal-based training methods for such 
     command or training method, as the case may be.
       ``(2) Any exemption under this subsection shall be for such 
     period, not more than one year, as the Secretary shall 
     specify in granting the exemption. Any exemption may be 
     renewed (subject to the preceding sentence).
       ``(c) Annual Reports.--(1) Not later than October 1 of each 
     year, the Secretary shall submit to the congressional defense 
     committees a report on the development and implementation of 
     human-based training methods for the purpose of training 
     members of the armed forces in the treatment of combat trauma 
     injuries under this section.
       ``(2) Each report under this subsection on or after October 
     1, 2027, shall include a description of any exemption under 
     subsection (b) that is in force at the time of such report, 
     and a current justification for such exemption.
       ``(d) Definitions.--In this section:
       ``(1) The term `combat trauma injuries' means severe 
     injuries likely to occur during combat, including--
       ``(A) hemorrhage;
       ``(B) tension pneumothorax;
       ``(C) amputation resulting from blast injury;
       ``(D) compromises to the airway; and
       ``(E) other injuries.
       ``(2) The term `human-based training methods' means, with 
     respect to training individuals in medical treatment, the use 
     of systems and devices that do not use animals, including--
       ``(A) simulators;
       ``(B) partial task trainers;
       ``(C) moulage;
       ``(D) simulated combat environments;
       ``(E) human cadavers; and
       ``(F) rotations in civilian and military trauma centers.
       ``(3) The term `partial task trainers' means training aids 
     that allow individuals to learn or practice specific medical 
     procedures.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 101 of

[[Page S4419]]

     such title is amended by adding at the end the following new 
     item:

``2018. Use of human-based methods for certain medical training.''.
                                 ______
                                 
  SA 2181. Mr. WYDEN 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 B of title XV, insert 
     the following:

     SEC. 15___. FRAMEWORK FOR CONSISTENT DATA MANAGEMENT FOR 
                   ARTIFICIAL INTELLIGENCE TARGET IDENTIFICATION.

       (a) In General.--Not later than December 31, 2025, the 
     Secretary of Defense shall develop and implement a framework 
     for artificial intelligence and machine learning for 
     intelligence, surveillance, reconnaissance, defense, and 
     offensive purposes throughout the Department of Defense.
       (b) Contents.--The framework required by subsection (a) 
     shall include--
       (1) criteria for data reviewers to ensure data quality--
       (A) suitability for training artificial intelligence; and
       (B) such additional criteria as the Secretary determines 
     necessary;
       (2) a consistent development process and labeling 
     procedures that adhere to the ethical principals for the use 
     of artificial intelligence adopted by the Department, 
     including the principles of responsibility, equitability, 
     traceability, reliability, and governability; and
       (3) processes for data input, evaluation, review, feedback, 
     update, and oversight.
       (c) Briefing.--Not later than February 1, 2026, the 
     Secretary shall brief the appropriate congressional 
     committees on the status of the development and 
     implementation of the framework.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) Data quality.--The term ``data quality'' includes--
       (A) the accuracy of data labeling;
       (B) the condition of the data;
       (C) the accuracy of data indexing;
       (D) the suitability of the data for the intended task; and
       (E) the freedom of the data from unintended bias.
                                 ______
                                 
  SA 2182. Mr. WYDEN 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. SELECTIVE SERVICE REGISTRATION NONCOMPLIANCE 
                   REPORT.

       (a) Definition.--In this section, the term ``selective 
     service registration requirement'' means the requirement to 
     register under section 3 of the Military Selective Service 
     Act (50 U.S.C. 3802).
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress, and make publicly available, a report on the 
     demographics of individuals reported by the Director of 
     Selective Service to have failed to comply with the selective 
     service registration requirements during the period beginning 
     on January 1, 2004, and ending on December 31, 2024.
       (2) Contents.--The report submitted under paragraph (1) 
     shall provide--
       (A) a statistical breakdown of the racial, ethnic, and 
     socio-economic demographics of individuals reported to have 
     failed to comply with the selective service registration 
     requirements;
       (B) a summary of which populations are most likely to fail 
     to comply with the selective service registration 
     requirements; and
       (C) explanations for potential limitations or biases of the 
     data available to the Attorney General regarding failure to 
     comply with the selective service registration requirements 
     that could affect the report or the representation of the 
     demographics of those who failed to comply.
       (3) Protection of information.--The report submitted under 
     paragraph (1) shall not contain any personal identifying 
     information.
       (c) Authority to Survey.--If the Attorney General does not 
     have sufficient authority to collect data or information to 
     complete the report required under subsection (b)(1), the 
     Attorney General may conduct a targeted survey jointly with 
     the Director of the Bureau of the Census, the Director of 
     Selective Service, or both of individuals reported to have 
     failed to comply with the selective service registration 
     requirements to gather sufficient demographic information to 
     complete the report.
                                 ______
                                 
  SA 2183. Mr. WYDEN (for himself, Ms. Lummis, and Mr. Paul) 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:

       Strike section 523 and insert the following:

     SEC. 523. REPEAL OF MILITARY SELECTIVE SERVICE ACT.

       (a) Repeal.--The Military Selective Service Act (50 U.S.C. 
     3801 et seq.) is repealed.
       (b) Transfers in Connection With Repeal.--Notwithstanding 
     the proviso in section 10(a)(4) of the Military Selective 
     Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective 
     Service Records shall not be reestablished upon the repeal of 
     the Act. Not later than 180 days after the date of the 
     enactment of this Act, the assets, contracts, property, and 
     records held by the Selective Service System, and the 
     unexpended balances of any appropriations available to the 
     Selective Service System, shall be transferred to the 
     Administrator of General Services upon the repeal of the Act. 
     The Director of the Office of Personnel Management shall 
     assist officers and employees of the Selective Service System 
     to transfer to other positions in the executive branch.
       (c) Effect on Existing Sanctions.--
       (1) Notwithstanding any other provision of law, a person 
     may not be denied a right, privilege, benefit, or employment 
     position under Federal law on the grounds that the person 
     failed to present himself for and submit to registration 
     under section 3 of the Military Selective Service Act (50 
     U.S.C. 3802), before the repeal of that Act by subsection 
     (a).
       (2) A State, political subdivision of a State, or political 
     authority of two or more States may not enact or enforce a 
     law, regulation, or other provision having the force and 
     effect of law to penalize or deny any privilege or benefit to 
     a person who failed to present himself for and submit to 
     registration under section 3 of the Military Selective 
     Service Act (50 U.S.C. 3802), before the repeal of that Act 
     by subsection (a). In this section, ``State'' means a State, 
     the District of Columbia, and a territory or possession of 
     the United States.
       (3) Failing to present oneself for and submit to 
     registration under section 3 of the Military Selective 
     Service Act (50 U.S.C. 3802), before the repeal of that Act 
     by subsection (a), shall not be reason for any entity of the 
     United States Government to determine that a person lacks 
     good moral character or is unsuited for any privilege or 
     benefit.
       (d) Conscientious Objectors.--Nothing contained in this 
     section shall be construed to undermine or diminish the 
     rights of conscientious objectors under laws and regulations 
     of the United States.
       In title V, strike subtitle J.
                                 ______
                                 
  SA 2184. Mr. WYDEN 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___. DESIGNATION OF WILDERNESS AND NATIONAL RECREATION 
                   AREAS, OREGON.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of the Interior, with respect to public 
     land administered by the Secretary of the Interior; or
       (B) the Secretary of Agriculture, with respect to National 
     Forest System land.
       (2) State.--The term ``State'' means the State of Oregon.
       (b) Rogue Canyon and Molalla Recreation Areas, Oregon.--
       (1) Designation of rogue canyon and molalla recreation 
     areas.--For the purposes of protecting, conserving, and 
     enhancing the unique and nationally important recreational, 
     ecological, scenic, cultural, watershed, and fish and 
     wildlife values of the areas, the following areas in the 
     State are designated as recreation areas for management by 
     the Secretary in accordance with paragraph (3):
       (A) Rogue canyon recreation area.--The approximately 98,150 
     acres of Bureau of Land Management land within the boundary 
     generally depicted as the ``Rogue Canyon Recreation Area'' on 
     the map entitled ``Rogue Canyon Recreation Area Wild Rogue 
     Wilderness Additions'' and dated November 19, 2019, which is 
     designated as the ``Rogue Canyon Recreation Area''.

[[Page S4420]]

       (B) Molalla recreation area.--The approximately 29,884 
     acres of Bureau of Land Management land within the boundary 
     generally depicted on the map entitled ``Molalla Recreation 
     Area'' and dated September 26, 2018, which is designated as 
     the ``Molalla Recreation Area''.
       (2) Maps and legal descriptions.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal description of each recreation area designated by 
     paragraph (1).
       (B) Effect.--The maps and legal descriptions prepared under 
     subparagraph (A) shall have the same force and effect as if 
     included in this subsection, except that the Secretary may 
     correct any minor errors in the maps and legal descriptions.
       (C) Public availability.--The maps and legal descriptions 
     prepared under subparagraph (A) shall be available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.
       (3) Administration.--
       (A) Applicable law.--The Secretary shall administer each 
     recreation area designated by paragraph (1)--
       (i) in a manner that conserves, protects, and enhances the 
     purposes for which the recreation area is established; and
       (ii) in accordance with--

       (I) this subsection;
       (II) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (III) other applicable laws.

       (B) Uses.--The Secretary shall only allow those uses of a 
     recreation area designated by paragraph (1) that are 
     consistent with the purposes for which the recreation area is 
     established.
       (C) Wildfire risk assessment.--Not later than 280 days 
     after the date of enactment of this Act, the Secretary, in 
     consultation with the Oregon Governor's Council on Wildfire 
     Response, shall conduct a wildfire risk assessment that 
     covers--
       (i) the recreation areas designated by paragraph (1);
       (ii) the Wild Rogue Wilderness; and
       (iii) any Federal land adjacent to an area described in 
     clause (i) or (ii).
       (D) Wildfire mitigation plan.--
       (i) In general.--Not later than 1 year after the date on 
     which the wildfire risk assessment is conducted under 
     subparagraph (C), the Secretary shall develop a wildfire 
     mitigation plan, based on the wildfire risk assessment, that 
     identifies, evaluates, and prioritizes treatments and other 
     management activities that can be implemented on the Federal 
     land covered by the wildfire risk assessment (other than 
     Federal land designated as a unit of the National Wilderness 
     Preservation System) to mitigate wildfire risk to communities 
     located near the applicable Federal land.
       (ii) Plan components.--The wildfire mitigation plan 
     developed under clause (i) shall include--

       (I) vegetation management projects (including mechanical 
     treatments to reduce hazardous fuels and improve forest 
     health and resiliency);
       (II) evacuation routes for communities located near the 
     applicable Federal land, which shall be developed in 
     consultation with State and local fire agencies; and
       (III) strategies for public dissemination of emergency 
     evacuation plans and routes.

       (iii) Applicable law.--The wildfire mitigation plan under 
     clause (i) shall be developed in accordance with--

       (I) this subsection; and
       (II) any other applicable law.

       (E) Road construction.--
       (i) In general.--Except as provided in clause (ii) or as 
     the Secretary determines necessary for public safety, no new 
     permanent or temporary roads shall be constructed (other than 
     the repair and maintenance of existing roads) within a 
     recreation area designated by paragraph (1).
       (ii) Temporary roads.--Consistent with the purposes of this 
     section, the Secretary may construct temporary roads within a 
     recreation area designated by paragraph (1) to implement the 
     wildfire mitigation plan developed under subparagraph (D), 
     unless the temporary road would be within an area designated 
     as a unit of the National Wilderness Preservation System.
       (iii) Effect.--Nothing in this subparagraph affects the 
     administration by the Secretary of the Molalla Forest Road in 
     accordance with applicable resource management plans.
       (F) Effect on wildfire management.--Nothing in this 
     subsection alters the authority of the Secretary (in 
     cooperation with other Federal, State, and local agencies, as 
     appropriate) to conduct wildland fire operations within a 
     recreation area designated by paragraph (1), consistent with 
     the purposes of this subsection.
       (G) Withdrawal.--Subject to valid existing rights, all 
     Federal surface and subsurface land within a recreation area 
     designated by paragraph (1) is withdrawn from all forms of--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) disposition under all laws pertaining to mineral 
     leasing, geothermal leasing, or mineral materials.
       (H) No effect on wilderness areas.--Any wilderness area 
     located within a recreation area designated by paragraph (1) 
     shall be administered in accordance with the Wilderness Act 
     (16 U.S.C. 1131 et seq.).
       (4) Adjacent management.--Nothing in this subsection 
     creates any protective perimeter or buffer zone around a 
     recreation area designated by paragraph (1) .
       (c) Expansion of Wild Rogue Wilderness Area.--
       (1) Definitions.--In this subsection:
       (A) Map.--The term ``map'' means the map entitled ``Rogue 
     Canyon Recreation Area Wild Rogue Wilderness Additions'' and 
     dated November 19, 2019.
       (B) Wilderness additions.--The term ``Wilderness 
     additions'' means the land added to the Wild Rogue Wilderness 
     under paragraph (2)(A).
       (2) Expansion of wild rogue wilderness area.--
       (A) Expansion.--The approximately 59,512 acres of Federal 
     land in the State generally depicted on the map as ``Proposed 
     Wilderness'' shall be added to and administered as part of 
     the Wild Rogue Wilderness in accordance with the Endangered 
     American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public 
     Law 95-237), except that--
       (i) the Secretary of the Interior and the Secretary of 
     Agriculture shall administer the Federal land under their 
     respective jurisdiction; and
       (ii) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of Agriculture or the Secretary of the Interior, as 
     applicable.
       (B) Map; legal description.--
       (i) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal description of the wilderness area designated by 
     subparagraph (A).
       (ii) Force of law.--The map and legal description filed 
     under clause (i) shall have the same force and effect as if 
     included in this subsection, except that the Secretary may 
     correct typographical errors in the map and legal 
     description.
       (iii) Public availability.--The map and legal description 
     filed under clause (i) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management and Forest Service.
       (C) Fire, insects, and disease.--The Secretary may take 
     such measures within the Wilderness additions as the 
     Secretary determines to be necessary for the control of fire, 
     insects, and disease, in accordance with section 4(d)(1) of 
     the Wilderness Act (16 U.S.C. 1133(d)(1)).
       (D) Withdrawal.--Subject to valid existing rights, the 
     Wilderness additions are withdrawn from all forms of--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) disposition under all laws pertaining to mineral 
     leasing, geothermal leasing, or mineral materials.
       (E) Tribal rights.--Nothing in this paragraph alters, 
     modifies, enlarges, diminishes, or abrogates the treaty 
     rights of any Indian Tribe.
       (d) Withdrawal of Federal Land, Curry County and Josephine 
     County, Oregon.--
       (1) Definitions.--In this subsection:
       (A) Eligible federal land.--The term ``eligible Federal 
     land'' means--
       (i) any federally owned land or interest in land depicted 
     on the Maps as within the Hunter Creek and Pistol River 
     Headwaters Withdrawal Proposal or the Rough and Ready and 
     Baldface Creeks Mineral Withdrawal Proposal; or
       (ii) any land or interest in land located within such 
     withdrawal proposals that is acquired by the Federal 
     Government after the date of enactment of this Act.
       (B) Maps.--The term ``Maps'' means--
       (i) the Bureau of Land Management map entitled ``Hunter 
     Creek and Pistol River Headwaters Withdrawal Proposal'' and 
     dated January 12, 2015; and
       (ii) the Bureau of Land Management map entitled ``Rough and 
     Ready and Baldface Creeks Mineral Withdrawal Proposal'' and 
     dated January 12, 2015.
       (2) Withdrawal.--Subject to valid existing rights, the 
     eligible Federal land is withdrawn from all forms of--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation under the mineral leasing and geothermal 
     leasing laws.
       (3) Availability of maps.--Not later than 30 days after the 
     date of enactment of this Act, the Maps shall be made 
     available to the public at each appropriate office of the 
     Bureau of Land Management.
       (4) Existing uses not affected.--Except with respect to the 
     withdrawal under paragraph (2), nothing in this subsection 
     restricts recreational uses, hunting, fishing, forest 
     management activities, or other authorized uses allowed on 
     the date of enactment of this Act on the eligible Federal 
     land in accordance with applicable law.
                                 ______
                                 
  SA 2185. Mr. WYDEN (for himself and Mr. Schmitt) 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 S4421]]


  

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

     SEC. __. GAO STUDY AND REPORT ON INTENTIONAL DISRUPTION OF 
                   THE NATIONAL AIRSPACE SYSTEM.

       (a) Study.--The Comptroller General of the United States 
     (in this section referred to as the ``Comptroller General'') 
     shall conduct a study on the vulnerability of the National 
     Airspace System to potential disruptive operations by any 
     person, party, or entity (in this section referred to as 
     ``adversaries'') exploiting the electromagnetic spectrum and 
     security vulnerabilities in the Aircraft Communications, 
     Reporting and Addressing System (ACARS) and Controller Pilot 
     Data Link Communications (CPDLC). Such study shall include an 
     analysis of--
       (1) the extent to which adversaries can engage in denial of 
     service attacks and electromagnetic spectrum interference 
     against--
       (A) the National Airspace System; and
       (B) high-traffic international routes of economic and 
     strategic importance to the United States;
       (2) the Federal Government's efforts, to date, to prevent 
     and prepare for such denial of service attacks and spectrum 
     disruptions;
       (3) the feasibility of mitigating the vulnerabilities 
     through cybersecurity and other upgrades to the Aircraft 
     Communications, Reporting and Addressing System and 
     Controller Pilot Data Link Communications;
       (4) whether the Federal Aviation Administration is 
     requiring sufficient cybersecurity and electromagnetic 
     spectrum defenses to address denial of service attacks and 
     other risks in new technologies it mandates be used on 
     aircraft; and
       (5) any other item determined appropriate by the 
     Comptroller General.
       (b) Report.--
       (1) To congress.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     Armed Services, the Committee on Transportation and 
     Infrastructure, and the Permanent Select Committee on 
     Intelligence of the House of Representatives a report 
     containing the results of the study conducted under 
     subsection (a), together with recommendations for such 
     legislation and administrative action as the Comptroller 
     General determines appropriate.
       (B) Unclassified form.--In preparing the report under 
     subparagraph (A), the Comptroller General shall ensure that 
     any classified information is only in an addendum to the 
     report and not in the main body of the report.
       (2) Public availability.--The Comptroller General shall 
     post the report submitted under paragraph (1) on the public 
     internet website of the Government Accountability Office at 
     the time of such submission, but shall not include any 
     classified addendum included with such report.
                                 ______
                                 
  SA 2186. Mr. SCHUMER (for himself and Mr. McConnell) 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. REQUIREMENT FOR INFORMATION SHARING AGREEMENTS.

       Section 7201(d) of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023 (2 U.S.C. 4112(d)) is 
     amended--
       (1) in paragraph (1)--
       (A) in the paragraph heading, by striking ``Designation'' 
     and inserting ``Single points of contact'';
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--On and after the date of enactment of 
     the National Defense Authorization Act for Fiscal Year 2025--
       ``(i) the Director of the Cybersecurity and Infrastructure 
     Security Agency shall serve as the single point of contact 
     with the legislative branch on matters related to tactical 
     and operational cybersecurity threats and security 
     vulnerabilities; and
       ``(ii) the Assistant Director of the Counterintelligence 
     Division of the Federal Bureau of Investigation shall serve 
     as the single point of contact with the legislative branch on 
     matters related to tactical and operational 
     counterintelligence.''; and
       (C) in subparagraph (B), by striking ``The individuals 
     designated by the President under subparagraph (A)'' and 
     inserting ``The Director of the Cybersecurity and 
     Infrastructure Security Agency and the Assistant Director of 
     the Counterintelligence Division of the Federal Bureau of 
     Investigation'';
       (2) in paragraph (2)(A), by striking ``the date of 
     enactment of this Act, the individuals designated by the 
     President under paragraph (1)(A)'' and inserting ``the date 
     of enactment of the National Defense Authorization Act for 
     Fiscal Year 2025, the Director of the Cybersecurity and 
     Infrastructure Security Agency and the Assistant Director of 
     the Counterintelligence Division of the Federal Bureau of 
     Investigation''; and
       (3) in paragraph (3)--
       (A) by striking ``the date of enactment of this Act, the 
     individuals designated by the President under paragraph 
     (1)(A)'' and inserting ``the date of enactment of the 
     National Defense Authorization Act for Fiscal Year 2025, the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency and the Assistant Director of the Counterintelligence 
     Division of the Federal Bureau of Investigation''; and
       (B) by striking ``Oversight and Reform'' and inserting 
     ``Oversight and Accountability''.
                                 ______
                                 
  SA 2187. Mr. WYDEN 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. 10__. CONTROL OF REMOTE ACCESS OF ITEMS UNDER THE EXPORT 
                   CONTROL REFORM ACT OF 2018.

       The Export Control Reform Act of 2018 is amended--
       (1) in section 1742 (50 U.S.C. 4801), by adding at the end 
     the following:
       ``(15) Remote access.--The term `remote access' means--
       ``(A) access to an item subject to the jurisdiction of the 
     United States by a foreign person through a network 
     connection, including the internet or a cloud computing 
     service, from a location other than where the item is 
     physically located; or
       ``(B) any other form of access specified in regulations 
     promulgated by the Secretary.'';
       (2) in section 1752 (50 U.S.C. 4811)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``or remote access'' 
     after ``export''; and
       (ii) in subparagraph (B), by inserting ``or remote access'' 
     after ``export''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``and in-country transfer of items'' and inserting ``in-
     country transfer, and remote access of items''; and
       (ii) in subparagraph (A), by inserting ``or remote access'' 
     after ``the release'';
       (3) in section 1753 (50 U.S.C. 4812)--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``and'' at the end;
       (ii) in paragraph (2)(F), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(3) the remote access of items subject to the 
     jurisdiction of the United States by a foreign person.'';
       (B) in subsection (b)--
       (i) by redesignating paragraphs (3) through (7) as 
     paragraphs (4) through (8), respectively; and
       (ii) by inserting after paragraph (2) the following:
       ``(3) regulate the remote access of items described in 
     subsection (a)(3);''; and
       (C) in subsection (c)--
       (i) by striking ``or in-country transfer'' each place it 
     appears and inserting ``in-country transfer, or remote 
     access''; and
       (ii) by striking ``subsections (b)(1) or (b)(2)'' and 
     inserting ``subsections (b)(1), (b)(2), or (b)(3)'';
       (4) in section 1754 (50 U.S.C. 4813)--
       (A) in subsection (a)--
       (i) in paragraph (3), by striking ``and in-country 
     transfers'' and inserting ``in-country transfers, and remote 
     access'';
       (ii) in paragraph (4), by striking ``and in-country 
     transfers'' and inserting ``in-country transfers, and remote 
     access'';
       (iii) in paragraph (5), by striking ``and in-country 
     transfers'' and inserting ``in-country transfers, and remote 
     access'';
       (iv) in paragraph (6), by striking ``United States export 
     control'' and inserting ``United States control'';
       (v) in paragraph (7), by striking ``export controls'' and 
     inserting ``controls'';
       (vi) in paragraph (10), by striking ``or in-country 
     transferred'' and inserting ``in-country transferred, or 
     accessed remotely'';
       (vii) in paragraph (11), by adding at the end before the 
     semicolon the following: ``or remote access''; and
       (viii) in paragraph (15), by adding at the end before ``; 
     and'' the following: ``or remotely access'';
       (B) in subsection (b), by striking ``or in-country 
     transfer'' and inserting ``in-country transfer, or remote 
     access''; and
       (C) in subsection (d)(1)(A), by striking ``or in-country 
     transfer'' and inserting ``in-country transfer, or remote 
     access'';
       (5) in section 1755 (50 U.S.C. 4814)--
       (A) in subsection (b)(2)--
       (i) in subparagraph (C), by striking ``and in-country 
     transfers'' and inserting ``in-country transfers, and remote 
     access''; and
       (ii) in subparagraph (E), by striking ``and in-country 
     transfers'' and inserting ``in-country transfers, and remote 
     access''; and
       (B) in subsection (c), by striking ``export controls'' and 
     inserting ``controls'';
       (6) in section 1756 (50 U.S.C. 4815)--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``and in-country transfer'' and inserting 
     ``in-country transfer, and remote access''; and

[[Page S4422]]

       (B) in subsection (b), by striking ``or in-country 
     transfer'' and inserting ``in-country transfer, or remote 
     access'';
       (7) in section 1757 (50 U.S.C. 4816)--
       (A) in subsection (a), by striking ``or in-country 
     transfer'' and inserting ``in-country transfer, or remote 
     access''; and
       (B) in subsection (c)(2), by striking ``export controls'' 
     and inserting ``controls'';
       (8) in section 1760 (50 U.S.C. 4819)--
       (A) in subsection (a)(2)(F)--
       (i) in clause (ii), by striking ``any export control 
     document or any report'' and inserting ``any document or 
     report''; and
       (ii) in clause (iii), by striking ``or in-country 
     transfer'' and inserting ``in-country transfer, or remote 
     access'';
       (B) in subsection (c)(1)(C), by striking ``or in-country 
     transfer'' and inserting ``in-country transfer, or remotely 
     access (including the provision thereof)''; and
       (C) in subsection (e)(1)(A)--
       (i) in clause (i), by striking ``or in-country transfer 
     outside the United States any item'' and inserting ``in-
     country transfer outside the United States any item, or 
     remotely access any item''; and
       (ii) in clause (ii), by striking ``or in-country transfer'' 
     and inserting ``in-country transfer, or remote access'';
       (9) in section 1761 (50 U.S.C. 4820)--
       (A) in subsection (a)(5), by striking ``or in-country 
     transferred'' and inserting ``in-country transferred, or 
     remotely accessed''; and
       (B) in subsection (h)(1)(B), by striking ``or in-country 
     transfer'' and inserting ``in-country transfer, or remotely 
     access''; and
       (10) in section 1767(b)(2)(A) (50 U.S.C. 4825(b)(2)(A)), by 
     striking ``and in-country transfer'' and inserting ``in-
     country transfer, and remote access''.
                                 ______
                                 
  SA 2188. Mr. WYDEN 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 E of title V, add the following:

     SEC. 562. SERVICES FOR DELAYED ENTRY PROGRAM PARTICIPANTS.

       (a) Expansion of Period of Availability of Military 
     OneSource Program for New Recruits Enrolled in Delayed Entry 
     Program.--
       (1) In general.--The Secretary of Defense shall prescribe 
     regulations--
       (A) extending eligibility for access to the Department of 
     Defense Military OneSource program to recruits enrolled in 
     the Delayed Entry Program (DEP) beginning at the time of 
     signing a Delayed Entry Contract; and
       (B) providing that access to Military OneSource services 
     will be immediately terminated should the DEP enrollee be 
     officially released from their Delayed Entry Contract.
       (2) Information to recruits and their families.--The 
     Secretary of Defense shall inform new recruits enrolled in 
     the Delayed Entry Program and their family members of the 
     wide range of benefits available through the Military 
     OneSource program.
       (b) Comptroller General Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall initiate a review of existing gaps in the 
     Department of Defense's response to victims of sexual assault 
     and harassment among new recruits enrolled in the DEP.
       (2) Elements.--The review required under paragraph (1) 
     shall include--
       (A) statistics regarding frequency, geography, and 
     demographics of sexual assault victims enrolled in the DEP 
     for the last five years;
       (B) barriers to providing emergency healthcare or 
     healthcare referrals for sexual assault victims enrolled in 
     the DEP;
       (C) barriers to providing trauma counseling or counseling 
     referrals for sexual assault victims enrolled in the DEP; and
       (D) other relevant issues the Comptroller General deems 
     appropriate.
                                 ______
                                 
  SA 2189. 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, add the following:

     SEC. 1095. REPORT ON INADEQUATE DREDGING, BAYONNE DRY DOCK, 
                   NEW JERSEY.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary of the Army, in consultation with the 
     Administrator of the Maritime Administration, shall submit to 
     Congress a report that--
       (1) describes the impact of the dredging problem at Bayonne 
     Dry Dock, New Jersey, on national security, national ship 
     repair and maintenance capacity, maritime infrastructure, and 
     supply chains; and
       (2) provides potential solutions that could restore repair 
     and maintenance operations at Bayonne Dry Dock, New Jersey, 
     to maximum capacity in a rapid timeframe.
                                 ______
                                 
  SA 2190. 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.
       ``(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.

[[Page S4423]]

       ``(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, 2030.''.
       (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--

[[Page S4424]]

       ``(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 of 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, 
     2024.''.
       (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 2191. Mr. REED (for himself, Ms. Collins, Mr. Coons, 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 appropriate place, insert the following:

     SEC. _____. WEATHERIZATION ASSISTANCE PROGRAM.

       (a) Weatherization Readiness Fund.--Section 414 of the 
     Energy Conservation and Production Act (42 U.S.C. 6864) is 
     amended by adding at the end the following:
       ``(d) Weatherization Readiness Fund.--
       ``(1) In general.--The Secretary shall establish a fund, to 
     be known as the `Weatherization Readiness Fund', from which 
     the Secretary shall distribute funds to States receiving 
     financial assistance under this part, in accordance with 
     subsection (a).
       ``(2) Use of funds.--
       ``(A) In general.--A State receiving funds under paragraph 
     (1) shall use the funds for repairs to dwelling units 
     described in subparagraph (B) that will remediate the 
     applicable structural defects or hazards of the dwelling unit 
     so that weatherization measures may be installed.
       ``(B) Dwelling unit.--A dwelling unit referred to in 
     subparagraph (A) is a dwelling unit occupied by a low-income 
     person that, on inspection pursuant to the program under this 
     part, was found to have significant defects or hazards that 
     prevented the installation of weatherization measures under 
     the program.
       ``(3) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated under section 422, 
     there is authorized to be appropriated to the Secretary to 
     carry out this subsection $30,000,000 for each of fiscal 
     years 2025 through 2029.''.
       (b) State Average Cost Per Unit.--
       (1) In general.--Section 415(c) of the Energy Conservation 
     and Production Act (42 U.S.C. 6865(c)) is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) in the first sentence, by striking ``$6,500'' and 
     inserting ``$12,000''; and
       (II) by striking ``(c)(1) Except as provided in paragraphs 
     (3) and (4)'' and inserting the following:

       ``(c) Financial Assistance.--
       ``(1) In general.--Except as provided in paragraphs (3), 
     (4), and (6)'';
       (ii) by conforming the margins of subparagraphs (A) through 
     (D) to the margin of subparagraph (E);
       (iii) in subparagraph (D), by striking ``, and'' and 
     inserting ``; and''; and
       (iv) in subparagraph (E), by adding a period at the end;
       (B) in paragraph (2), in the first sentence, by striking 
     ``weatherized (including dwelling units partially 
     weatherized)'' and inserting ``fully weatherized'';
       (C) in paragraph (4), by striking ``$3,000'' and inserting 
     ``$6,000'';
       (D) in paragraph (5)--
       (i) in subparagraph (A)(i), by striking ``(6)(A)(ii)'' and 
     inserting ``(7)(A)(ii)''; and
       (ii) by striking ``(6)(A)(i)(I)'' each place it appears and 
     inserting ``(7)(A)(i)(I)'';
       (E) by redesignating paragraph (6) as paragraph (7); and
       (F) by inserting after paragraph (5) the following:
       ``(6) Limit increase.--The Secretary may increase the 
     amount of financial assistance provided per dwelling unit 
     under this part beyond the limit specified in paragraph (1) 
     if the Secretary determines that market conditions require 
     such an increase to achieve the purposes of this part.''.
       (2) Conforming amendment.--Section 414D(b)(1)(C) of the 
     Energy Conservation and Production Act (42 U.S.C. 
     6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and 
     inserting ``415(c)(7)''.
                                 ______
                                 
  SA 2192. Ms. KLOBUCHAR 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, insert the following:

                      DIVISION _--FREEDOM TO VOTE

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Freedom to Vote Act''.

     SEC. 2. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Subdivisions.--This division is organized into 
     subdivisions as follows:
       (1) Subdivision 1--Voter Access.
       (2) Subdivision 2--Election Integrity.
       (3) Subdivision 3--Civic Participation and Empowerment.
       (b) Table of Contents.--The table of contents of this 
     division is as follows:

Sec. 1. Short title.
Sec. 2. Organization of division into subdivisions; table of contents.
Sec. 3. Findings of general constitutional authority.
Sec. 4. Standards for judicial review.
Sec. 5. Severability.

                      SUBDIVISION 1--Voter Access

           TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION

Sec. 1000. Short title; statement of policy.

              Subtitle A--Voter Registration Modernization

Sec. 1000A. Short title.

[[Page S4425]]

                  PART 1--Automatic Voter Registration

Sec. 1001. Short title; findings and purpose.
Sec. 1002. Automatic registration of eligible individuals.
Sec. 1003. Voter protection and security in automatic registration.
Sec. 1004. Payments and grants.
Sec. 1005. Miscellaneous provisions.
Sec. 1006. Definitions.
Sec. 1007. Effective date.

              PART 2--Election Day as Legal Public Holiday

Sec. 1011. Election day as legal public holiday.

                PART 3--Promoting Internet Registration

Sec. 1021. Requiring availability of internet for voter registration.
Sec. 1022. Use of internet to update registration information.
Sec. 1023. Provision of election information by electronic mail to 
              individuals registered to vote.
Sec. 1024. Clarification of requirement regarding necessary information 
              to show eligibility to vote.
Sec. 1025. Prohibiting State from requiring applicants to provide more 
              than last 4 digits of social security number.
Sec. 1026. Application of rules to certain exempt States.
Sec. 1027. Report on data collection relating to online voter 
              registration systems.
Sec. 1028. Permitting voter registration application form to serve as 
              application for absentee ballot.
Sec. 1029. Effective date.

                  PART 4--Same Day Voter Registration

Sec. 1031. Same day registration.
Sec. 1032. Ensuring pre-election registration deadlines are consistent 
              with timing of legal public holidays.

 PART 5--Streamline Voter Registration Information, Access, and Privacy

Sec. 1041. Authorizing the dissemination of voter registration 
              information displays following naturalization ceremonies.
Sec. 1042. Inclusion of voter registration information with certain 
              leases and vouchers for federally assisted rental housing 
              and mortgage applications.
Sec. 1043. Acceptance of voter registration applications from 
              individuals under 18 years of age.
Sec. 1044. Requiring States to establish and operate voter privacy 
              programs.

            PART 6--Funding Support to States for Compliance

Sec. 1051. Availability of requirements payments under HAVA to cover 
              costs of compliance with new requirements.

     Subtitle B--Access to Voting for Individuals With Disabilities

Sec. 1101. Requirements for States to promote access to voter 
              registration and voting for individuals with 
              disabilities.
Sec. 1102. Establishment and maintenance of State accessible election 
              websites.
Sec. 1103. Protections for in-person voting for individuals with 
              disabilities and older individuals.
Sec. 1104. Protections for individuals subject to guardianship.
Sec. 1105. Expansion and reauthorization of grant program to assure 
              voting access for individuals with disabilities.
Sec. 1106. Pilot programs for enabling individuals with disabilities to 
              register to vote privately and independently at 
              residences.
Sec. 1107. GAO analysis and report on voting access for individuals 
              with disabilities.

                        Subtitle C--Early Voting

Sec. 1201. Early voting.

                       Subtitle D--Voting by Mail

Sec. 1301. Voting by mail.
Sec. 1302. Balloting materials tracking program.
Sec. 1303. Election mail and delivery improvements.
Sec. 1304. Carriage of election mail.
Sec. 1305. Requiring States to provide secured drop boxes for voted 
              ballots in elections for Federal office.

    Subtitle E--Absent Uniformed Services Voters and Overseas Voters

Sec. 1401. Pre-election reports on availability and transmission of 
              absentee ballots.
Sec. 1402. Enforcement.
Sec. 1403. Transmission requirements; repeal of waiver provision.
Sec. 1404. Use of single absentee ballot application for subsequent 
              elections.
Sec. 1405. Extending guarantee of residency for voting purposes to 
              family members of absent military personnel.
Sec. 1406. Technical clarifications to conform to Military and Overseas 
              Voter Empowerment Act amendments related to the Federal 
              write-in absentee ballot.
Sec. 1407. Treatment of post card registration requests.
Sec. 1408. Presidential designee report on voter disenfranchisement.
Sec. 1409. Effective date.

                 Subtitle F--Enhancement of Enforcement

Sec. 1501. Enhancement of enforcement of Help America Vote Act of 2002.

  Subtitle G--Promoting Voter Access Through Election Administration 
                       Modernization Improvements

                     PART 1--Promoting Voter Access

Sec. 1601. Minimum notification requirements for voters affected by 
              polling place changes.
Sec. 1602. Applicability to Commonwealth of the Northern Mariana 
              Islands.
Sec. 1603. Elimination of 14-day time period between general election 
              and runoff election for Federal elections in the Virgin 
              Islands and Guam.
Sec. 1604. Application of Federal election administration laws to 
              territories of the United States.
Sec. 1605. Application of Federal voter protection laws to territories 
              of the United States.
Sec. 1606. Ensuring equitable and efficient operation of polling 
              places.
Sec. 1607. Prohibiting States from restricting curbside voting.

  PART 2--Improvements in Operation of Election Assistance Commission

Sec. 1611. Reauthorization of Election Assistance Commission.
Sec. 1612. Recommendations to improve operations of Election Assistance 
              Commission.
Sec. 1613. Repeal of exemption of Election Assistance Commission from 
              certain government contracting requirements.

                    PART 3--Miscellaneous Provisions

Sec. 1621. Definition of election for Federal office.
Sec. 1622. No effect on other laws.
Sec. 1623. Clarification of exemption for States without voter 
              registration.
Sec. 1624. Clarification of exemption for States which do not collect 
              telephone information.

                   Subtitle H--Democracy Restoration

Sec. 1701. Short title.
Sec. 1702. Findings.
Sec. 1703. Rights of citizens.
Sec. 1704. Enforcement.
Sec. 1705. Notification of restoration of voting rights.
Sec. 1706. Definitions.
Sec. 1707. Relation to other laws.
Sec. 1708. Federal prison funds.
Sec. 1709. Effective date.

      Subtitle I--Voter Identification and Allowable Alternatives

Sec. 1801. Requirements for voter identification.

             Subtitle J--Voter List Maintenance Procedures

                    PART 1--Voter Caging Prohibited

Sec. 1901. Voter caging prohibited.

           PART 2--Saving Eligible Voters From Voter Purging

Sec. 1911. Conditions for removal of voters from list of registered 
              voters.

                        Subtitle K--Severability

Sec. 1921. Severability.

                   SUBDIVISION 2--Election Integrity

       TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

Sec. 2001. Prohibiting hindering, interfering with, or preventing voter 
              registration.
Sec. 2002. Establishment of best practices.

               TITLE III--PREVENTING ELECTION SUBVERSION

     Subtitle A--Restrictions on Removal of Election Administrators

Sec. 3001. Restrictions on removal of local election administrators in 
              administration of elections for Federal office.

         Subtitle B--Increased Protections for Election Workers

Sec. 3101. Harassment of election workers prohibited.
Sec. 3102. Protection of election workers.

   Subtitle C--Prohibiting Deceptive Practices and Preventing Voter 
                              Intimidation

Sec. 3201. Short title.
Sec. 3202. Prohibition on deceptive practices in Federal elections.
Sec. 3203. Corrective action.
Sec. 3204. Reports to Congress.
Sec. 3205. Private rights of action by election officials.
Sec. 3206. Making intimidation of tabulation, canvass, and 
              certification efforts a crime.

  Subtitle D--Protection of Election Records & Election Infrastructure

Sec. 3301. Strengthen protections for Federal election records.
Sec. 3302. Penalties; inspection; nondisclosure; jurisdiction.
Sec. 3303. Judicial review to ensure compliance.

 Subtitle E--Judicial Protection of the Right to Vote and Non-partisan 
                            Vote Tabulation

                       PART 1--Right to Vote Act

Sec. 3401. Short title.
Sec. 3402. Undue burdens on the ability to vote in elections for 
              Federal office prohibited.
Sec. 3403. Judicial review.
Sec. 3404. Definitions.

[[Page S4426]]

Sec. 3405. Rules of construction.
Sec. 3406. Severability.
Sec. 3407. Effective date.

         PART 2--Clarifying Jurisdiction Over Election Disputes

Sec. 3411. Findings.
Sec. 3412. Clarifying authority of United States district courts to 
              hear cases.
Sec. 3413. Effective date.

            Subtitle F--Poll Worker Recruitment and Training

Sec. 3501. Grants to States for poll worker recruitment and training.
Sec. 3502. State defined.

           Subtitle G--Preventing Poll Observer Interference

Sec. 3601. Protections for voters on Election Day.

       Subtitle H--Preventing Restrictions on Food and Beverages

Sec. 3701. Short title; findings.
Sec. 3702. Prohibiting restrictions on donations of food and beverages 
              at polling stations.

 Subtitle I--Establishing Duty to Report Foreign Election Interference

Sec. 3801. Findings relating to illicit money undermining our 
              democracy.
Sec. 3802. Federal campaign reporting of foreign contacts.
Sec. 3803. Federal campaign foreign contact reporting compliance 
              system.
Sec. 3804. Criminal penalties.
Sec. 3805. Report to congressional intelligence committees.
Sec. 3806. Rule of construction.

 Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
                   Verifiable Permanent Paper Ballot

Sec. 3901. Short title.
Sec. 3902. Paper ballot and manual counting requirements.
Sec. 3903. Accessibility and ballot verification for individuals with 
              disabilities.
Sec. 3904. Durability and readability requirements for ballots.
Sec. 3905. Study and report on optimal ballot design.
Sec. 3906. Ballot marking device cybersecurity requirements.
Sec. 3907. Effective date for new requirements.
Sec. 3908. Grants for obtaining compliant paper ballot voting systems 
              and carrying out voting system security improvements.

                    Subtitle K--Provisional Ballots

Sec. 3911. Requirements for counting provisional ballots; establishment 
              of uniform and nondiscriminatory standards.

                    TITLE IV--VOTING SYSTEM SECURITY

Sec. 4001. Post-election audit requirement.
Sec. 4002. Election infrastructure designation.
Sec. 4003. Guidelines and certification for electronic poll books and 
              remote ballot marking systems.
Sec. 4004. Pre-election reports on voting system usage.
Sec. 4005. Use of voting machines manufactured in the United States.
Sec. 4006. Use of political party headquarters building fund for 
              technology or cybersecurity-related purposes.
Sec. 4007. Severability.

           SUBDIVISION 3--Civic Participation and Empowerment

               TITLE V--NONPARTISAN REDISTRICTING REFORM

Sec. 5001. Finding of constitutional authority.
Sec. 5002. Ban on mid-decade redistricting.
Sec. 5003. Criteria for redistricting.
Sec. 5004. Development of plan.
Sec. 5005. Failure by State to enact plan.
Sec. 5006. Civil enforcement.
Sec. 5007. No effect on elections for State and local office.
Sec. 5008. Effective date.

                TITLE VI--CAMPAIGN FINANCE TRANSPARENCY

                        Subtitle A--DISCLOSE Act

Sec. 6001. Short title.
Sec. 6002. Findings.

  PART 1--Closing Loopholes Allowing Spending by Foreign Nationals in 
                               Elections

Sec. 6003. Clarification of application of foreign money ban to certain 
              disbursements and activities.
Sec. 6004. Study and report on illicit foreign money in Federal 
              elections.
Sec. 6005. Prohibition on contributions and donations by foreign 
              nationals in connection with ballot initiatives and 
              referenda.
Sec. 6006. Disbursements and activities subject to foreign money ban.
Sec. 6007. Prohibiting establishment of corporation to conceal election 
              contributions and donations by foreign nationals.

          PART 2--Reporting of Campaign-Related Disbursements

Sec. 6011. Reporting of campaign-related disbursements.
Sec. 6012. Reporting of Federal judicial nomination disbursements.
Sec. 6013. Coordination with FinCEN.
Sec. 6014. Application of foreign money ban to disbursements for 
              campaign-related disbursements consisting of covered 
              transfers.
Sec. 6015. Sense of Congress regarding implementation.
Sec. 6016. Effective date.

                  PART 3--Other Administrative Reforms

Sec. 6021. Petition for certiorari.
Sec. 6022. Judicial review of actions related to campaign finance laws.
Sec. 6023. Effective date.

                         Subtitle B--Honest Ads

Sec. 6101. Short title.
Sec. 6102. Purpose.
Sec. 6103. Findings.
Sec. 6104. Sense of Congress.
Sec. 6105. Expansion of definition of public communication.
Sec. 6106. Expansion of definition of electioneering communication.
Sec. 6107. Application of disclaimer statements to online 
              communications.
Sec. 6108. Political record requirements for online platforms.
Sec. 6109. Preventing contributions, expenditures, independent 
              expenditures, and disbursements for electioneering 
              communications by foreign nationals in the form of online 
              advertising.
Sec. 6110. Requiring online platforms to display notices identifying 
              sponsors of political advertisements and to ensure 
              notices continue to be present when advertisements are 
              shared.

                       Subtitle C--Spotlight Act

Sec. 6201. Short title.
Sec. 6202. Inclusion of contributor information on annual returns of 
              certain organizations.

                 TITLE VII--CAMPAIGN FINANCE OVERSIGHT

         Subtitle A--Stopping Super PAC-Candidate Coordination

Sec. 7001. Short title.
Sec. 7002. Clarification of treatment of coordinated expenditures as 
              contributions to candidates.

         Subtitle B--Restoring Integrity to America's Elections

Sec. 7101. Short title.
Sec. 7102. Revision to enforcement process.
Sec. 7103. Official exercising the responsibilities of the general 
              counsel.
Sec. 7104. Permitting appearance at hearings on requests for advisory 
              opinions by persons opposing the requests.
Sec. 7105. Permanent extension of administrative penalty authority.
Sec. 7106. Restrictions on ex parte communications.
Sec. 7107. Clarifying authority of FEC attorneys to represent FEC in 
              Supreme Court.
Sec. 7108. Requiring forms to permit use of accent marks.
Sec. 7109. Extension of the statutes of limitations for offenses under 
              the Federal Election Campaign Act of 1971.
Sec. 7110. Effective date; transition.

                    TITLE VIII--CITIZEN EMPOWERMENT

                Subtitle A--Funding to Promote Democracy

               PART 1--Payments and Allocations to States

Sec. 8001. Democracy Advancement and Innovation Program.
Sec. 8002. State plan.
Sec. 8003. Prohibiting reduction in access to participation in 
              elections.
Sec. 8004. Amount of State allocation.
Sec. 8005. Procedures for disbursements of payments and allocations.
Sec. 8006. Office of Democracy Advancement and Innovation.

      PART 2--State Election Assistance and Innovation Trust Fund

Sec. 8011. State Election Assistance and Innovation Trust Fund.
Sec. 8012. Uses of Fund.

                       PART 3--General Provisions

Sec. 8021. Definitions.
Sec. 8022. Rule of construction regarding calculation of deadlines.

           Subtitle B--Elections for House of Representatives

Sec. 8101. Short title.

               PART 1--Optional Democracy Credit Program

Sec. 8102. Establishment of program.
Sec. 8103. Credit program described.
Sec. 8104. Reports.
Sec. 8105. Election cycle defined.

   PART 2--Optional Small Dollar Financing of Elections for House of 
                            Representatives

Sec. 8111. Benefits and eligibility requirements for candidates.
Sec. 8112. Contributions and expenditures by multicandidate and 
              political party committees on behalf of participating 
              candidates.
Sec. 8113. Prohibiting use of contributions by participating candidates 
              for purposes other than campaign for election.
Sec. 8114. Deadline for regulations; effective date.

 Subtitle C--Personal Use Services as Authorized Campaign Expenditures

Sec. 8201. Short title; findings; purpose.
Sec. 8202. Treatment of payments for child care and other personal use 
              services as authorized campaign expenditure.

[[Page S4427]]

             Subtitle D--Empowering Small Dollar Donations

Sec. 8301. Permitting political party committees to provide enhanced 
              support for House candidates through use of separate 
              small dollar accounts.

                        Subtitle E--Severability

Sec. 8401. Severability.

     SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY.

       Congress finds that the Constitution of the United States 
     grants explicit and broad authority to protect the right to 
     vote, to regulate elections for Federal office, to prevent 
     and remedy discrimination in voting, and to defend the 
     Nation's democratic process. Congress enacts the Freedom to 
     Vote Act pursuant to this broad authority, including but not 
     limited to the following:
       (1) Congress finds that it has broad authority to regulate 
     the time, place, and manner of congressional elections under 
     the Elections Clause of the Constitution, article I, section 
     4, clause 1. The Supreme Court has affirmed that the 
     ``substantive scope'' of the Elections Clause is ``broad''; 
     that ``Times, Places, and Manner'' are ``comprehensive words 
     which embrace authority to provide for a complete code for 
     congressional elections''; and ``[t]he power of Congress over 
     the Times, Places and Manner of congressional elections is 
     paramount, and may be exercised at any time, and to any 
     extent which it deems expedient; and so far as it is 
     exercised, and no farther, the regulations effected supersede 
     those of the State which are inconsistent therewith''. 
     Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1, 8-9 
     (2013) (internal quotation marks and citations omitted). 
     Indeed, ``Congress has plenary and paramount jurisdiction 
     over the whole subject'' of congressional elections, Ex parte 
     Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power 
     ``may be exercised as and when Congress sees fit'', and ``so 
     far as it extends and conflicts with the regulations of the 
     State, necessarily supersedes them''. Id. at 384. Among other 
     things, Congress finds that the Elections Clause was intended 
     to ``vindicate the people's right to equality of 
     representation in the House''. Wesberry v. Sanders, 376 U.S. 
     1, 16 (1964), and to address partisan gerrymandering, Rucho 
     v. Common Cause, 139 S. Ct. 2484 (2019).
       (2) Congress also finds that it has both the authority and 
     responsibility, as the legislative body for the United 
     States, to fulfill the promise of article IV, section 4, of 
     the Constitution, which states: ``The United States shall 
     guarantee to every State in this Union a Republican Form of 
     Government[.]''. Congress finds that its authority and 
     responsibility to enforce the Guarantee Clause is clear given 
     that Federal courts have not enforced this clause because 
     they understood that its enforcement is committed to Congress 
     by the Constitution.
       (3)(A) Congress also finds that it has broad authority 
     pursuant to section 5 of the Fourteenth Amendment to 
     legislate to enforce the provisions of the Fourteenth 
     Amendment, including its protections of the right to vote and 
     the democratic process.
       (B) Section 1 of the Fourteenth Amendment protects the 
     fundamental right to vote, which is ``of the most fundamental 
     significance under our constitutional structure''. Ill. Bd. 
     of Election v. Socialist Workers Party, 440 U.S. 173, 184 
     (1979); see United States v.  Classic, 313 U.S. 299 (1941) 
     (``Obviously included within the right to choose, secured by 
     the Constitution, is the right of qualified voters within a 
     State to cast their ballots and have them counted . . .''). 
     As the Supreme Court has repeatedly affirmed, the right to 
     vote is ``preservative of all rights'', Yick Wo v. Hopkins, 
     118 U.S. 356, 370 (1886). Section 2 of the Fourteenth 
     Amendment also protects the right to vote, granting Congress 
     additional authority to reduce a State's representation in 
     Congress when the right to vote is abridged or denied.
       (C) As a result, Congress finds that it has the authority 
     pursuant to section 5 of the Fourteenth Amendment to protect 
     the right to vote. Congress also finds that States and 
     localities have eroded access to the right to vote through 
     restrictions on the right to vote including excessively 
     onerous voter identification requirements, burdensome voter 
     registration procedures, voter purges, limited and unequal 
     access to voting by mail, polling place closures, unequal 
     distribution of election resources, and other impediments.
       (D) Congress also finds that ``the right of suffrage can be 
     denied by a debasement or dilution of the weight of a 
     citizen's vote just as effectively as by wholly prohibiting 
     the free exercise of the franchise''. Reynolds v. Sims, 377 
     U.S. 533, 555 (1964). Congress finds that the right of 
     suffrage has been so diluted and debased by means of 
     gerrymandering of districts. Congress finds that it has 
     authority pursuant to section 5 of the Fourteenth Amendment 
     to remedy this debasement.
       (4)(A) Congress also finds that it has authority to 
     legislate to eliminate racial discrimination in voting and 
     the democratic process pursuant to both section 5 of the 
     Fourteenth Amendment, which grants equal protection of the 
     laws, and section 2 of the Fifteenth Amendment, which 
     explicitly bars denial or abridgment of the right to vote on 
     account of race, color, or previous condition of servitude.
       (B) Congress finds that racial discrimination in access to 
     voting and the political process persists. Voting 
     restrictions, redistricting, and other electoral practices 
     and processes continue to disproportionately impact 
     communities of color in the United States and do so as a 
     result of both intentional racial discrimination, structural 
     racism, and the ongoing structural socioeconomic effects of 
     historical racial discrimination.
       (C) Recent elections and studies have shown that minority 
     communities wait longer in lines to vote, are more likely to 
     have their mail ballots rejected, continue to face 
     intimidation at the polls, are more likely to be 
     disenfranchised by voter purges, and are disproportionately 
     burdened by excessively onerous voter identification and 
     other voter restrictions. Research shows that communities of 
     color are more likely to face nearly every barrier to voting 
     than their white counterparts.
       (D) Congress finds that racial disparities in 
     disenfranchisement due to past felony convictions is 
     particularly stark. In 2022, according to the Sentencing 
     Project, an estimated 4,600,000 Americans could not vote due 
     to a felony conviction. One in 19 African Americans of voting 
     age is disenfranchised, a rate 3.5 times greater than that of 
     non-African Americans. In eight States--Alabama, Arizona, 
     Florida, Kentucky, Mississippi, South Dakota, Tennessee, and 
     Virginia--more than one in ten African Americans is 
     disenfranchised, nearly twice the national average for 
     African Americans. Congress finds that felony 
     disenfranchisement was one of the tools of intentional racial 
     discrimination during the Jim Crow era. Congress further 
     finds that current racial disparities in felony 
     disenfranchisement are linked to this history of voter 
     suppression, structural racism in the criminal justice 
     system, and ongoing effects of historical discrimination.
       (5)(A) Congress finds that it further has the power to 
     protect the right to vote from denial or abridgment on 
     account of sex, age, or ability to pay a poll tax or other 
     tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-
     Sixth Amendments.
       (B) Congress finds that electoral practices including 
     voting rights restoration conditions for people with 
     convictions and other restrictions to the franchise burden 
     voters on account of their ability to pay.
       (C) Congress further finds that electoral practices 
     including voting restrictions related to college campuses, 
     age restrictions on mail voting, and similar practices burden 
     the right to vote on account of age.

     SEC. 4. STANDARDS FOR JUDICIAL REVIEW.

       (a) In General.--For any action brought for declaratory or 
     injunctive relief to challenge, whether facially or as-
     applied, the constitutionality or lawfulness of any provision 
     of this division or any amendment made by this division or 
     any rule or regulation promulgated under this division, the 
     following rules shall apply:
       (1) The action shall be filed in the United States District 
     Court for the District of Columbia and an appeal from the 
     decision of the district court may be taken to the Court of 
     Appeals for the District of Columbia Circuit. These courts, 
     and the Supreme Court of the United States on a writ of 
     certiorari (if such writ is issued), shall have exclusive 
     jurisdiction to hear such actions.
       (2) The party filing the action shall concurrently deliver 
     a copy the complaint to the Clerk of the House of 
     Representatives and the Secretary of the Senate.
       (3) It shall be the duty of the United States District 
     Court for the District of Columbia and the Court of Appeals 
     for the District of Columbia Circuit to advance on the docket 
     and to expedite to the greatest possible extent the 
     disposition of the action and appeal.
       (b) Clarifying Scope of Jurisdiction.--If an action at the 
     time of its commencement is not subject to subsection (a), 
     but an amendment, counterclaim, cross-claim, affirmative 
     defense, or any other pleading or motion is filed 
     challenging, whether facially or as-applied, the 
     constitutionality or lawfulness of this division or any 
     amendment made by this division or any rule or regulation 
     promulgated under this division, the district court shall 
     transfer the action to the District Court for the District of 
     Columbia, and the action shall thereafter be conducted 
     pursuant to subsection (a).
       (c) Intervention by Members of Congress.--In any action 
     described in subsection (a), any Member of the House of 
     Representatives (including a Delegate or Resident 
     Commissioner to the Congress) or Senate shall have the right 
     to intervene either in support of or opposition to the 
     position of a party to the case regarding the 
     constitutionality of the provision. To avoid duplication of 
     efforts and reduce the burdens placed on the parties to the 
     action, the court in any such action may make such orders as 
     it considers necessary, including orders to require 
     interveners taking similar positions to file joint papers or 
     to be represented by a single attorney at oral argument.

     SEC. 5. SEVERABILITY.

       If any provision of this division or any amendment made by 
     this division, or the application of any such provision or 
     amendment to any person or circumstance, is held to be 
     unconstitutional, the remainder of this division, and the 
     application of such provision or amendment to any other 
     person or circumstance, shall not be affected by the holding.

                      SUBDIVISION 1--VOTER ACCESS

           TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION

     SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.

       (a) Short Title.--This title may be cited as the ``Voter 
     Empowerment Act of 2024''.

[[Page S4428]]

       (b) Statement of Policy.--It is the policy of the United 
     States that--
       (1) the ability of all eligible citizens of the United 
     States to access and exercise their constitutional right to 
     vote in a free, fair, and timely manner must be vigilantly 
     enhanced, protected, and maintained; and
       (2) the integrity, security, and accountability of the 
     voting process must be vigilantly protected, maintained, and 
     enhanced in order to protect and preserve electoral and 
     participatory democracy in the United States.

              Subtitle A--Voter Registration Modernization

     SEC. 1000A. SHORT TITLE.

       This subtitle may be cited as the ``Voter Registration 
     Modernization Act of 2024''.

                  PART 1--AUTOMATIC VOTER REGISTRATION

     SEC. 1001. SHORT TITLE; FINDINGS AND PURPOSE.

       (a) Short Title.--This part may be cited as the ``Automatic 
     Voter Registration Act of 2024''.
       (b) Findings and Purpose.--
       (1) Findings.--Congress finds that--
       (A) the right to vote is a fundamental right of citizens of 
     the United States;
       (B) it is the responsibility of the State and Federal 
     governments to ensure that every eligible citizen is 
     registered to vote;
       (C) existing voter registration systems can be inaccurate, 
     costly, inaccessible and confusing, with damaging effects on 
     voter participation in elections for Federal office and 
     disproportionate impacts on young people, persons with 
     disabilities, and racial and ethnic minorities; and
       (D) voter registration systems must be updated with 21st 
     century technologies and procedures to maintain their 
     security.
       (2) Purpose.--It is the purpose of this part--
       (A) to establish that it is the responsibility of 
     government to ensure that all eligible citizens are 
     registered to vote in elections for Federal office;
       (B) to enable the State governments to register all 
     eligible citizens to vote with accurate, cost-efficient, and 
     up-to-date procedures;
       (C) to modernize voter registration and list maintenance 
     procedures with electronic and internet capabilities; and
       (D) to protect and enhance the integrity, accuracy, 
     efficiency, and accessibility of the electoral process for 
     all eligible citizens.

     SEC. 1002. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.

       (a) In General.--The National Voter Registration Act of 
     1993 (52 U.S.C. 20504) is amended by inserting after section 
     5 the following new section:

     ``SEC. 5A. AUTOMATIC REGISTRATION BY STATE MOTOR VEHICLE 
                   AUTHORITY.

       ``(a) Definitions.--In this section--
       ``(1) Applicable agency.--The term `applicable agency' 
     means, with respect to a State, the State motor vehicle 
     authority responsible for motor vehicle driver's licenses 
     under State law.
       ``(2) Applicable transaction.--The term `applicable 
     transaction' means--
       ``(A) an application to an applicable agency for a motor 
     vehicle driver's license; and
       ``(B) any other service or assistance (including for a 
     change of address) provided by an applicable agency.
       ``(3) Automatic registration.--The term `automatic 
     registration' means a system that registers an individual to 
     vote and updates existing registrations, in elections for 
     Federal office in a State, if eligible, by electronically 
     transferring the information necessary for registration from 
     the applicable agency to election officials of the State so 
     that, unless the individual affirmatively declines to be 
     registered or to update any voter registration, the 
     individual will be registered to vote in such elections.
       ``(4) Eligible individual.--The term `eligible individual' 
     means, with respect to an election for Federal office, an 
     individual who is otherwise qualified to vote in that 
     election.
       ``(5) Register to vote.--The term `register to vote' 
     includes updating an individual's existing voter 
     registration.
       ``(b) Establishment.--
       ``(1) In general.--The chief State election official of 
     each State shall establish and operate a system of automatic 
     registration for the registration of eligible individuals to 
     vote for elections for Federal office in the State, in 
     accordance with the provisions of this section.
       ``(2) Registration of voters based on new agency records.--
       ``(A) In general.--The chief State election official 
     shall--
       ``(i) subject to subparagraph (B), ensure that each 
     eligible individual who completes an applicable transaction 
     and does not decline to register to vote is registered to 
     vote--

       ``(I) in the next upcoming election for Federal office (and 
     subsequent elections for Federal office), if an applicable 
     agency transmits information under subsection (c)(1)(E) with 
     respect to the individual not later than the applicable date; 
     and
       ``(II) in subsequent elections for Federal office, if an 
     applicable agency transmits such information with respect to 
     such individual after the applicable date; and

       ``(ii) not later than 60 days after the receipt of such 
     information with respect to an individual, send written 
     notice to the individual, in addition to other means of 
     notice established by this section, of the individual's voter 
     registration status.
       ``(B) Applicable date.--For purposes of this subsection, 
     the term `applicable date' means, with respect to any 
     election for Federal office, the later of--
       ``(i) the date that is 28 days before the date of the 
     election; or
       ``(ii) the last day of the period provided by State law for 
     registration with respect to such election.
       ``(C) Clarification.--Nothing in this subsection shall 
     prevent the chief State election official from registering an 
     eligible individual to vote for the next upcoming election 
     for Federal office in the State even if an applicable agency 
     transmits information under subsection (c)(1)(E) with respect 
     to the individual after the applicable date.
       ``(3) Treatment of individuals under 18 years of age.--A 
     State may not refuse to treat an individual as an eligible 
     individual for purposes of this section on the grounds that 
     the individual is less than 18 years of age at the time an 
     applicable agency receives information with respect to the 
     individual, so long as the individual is at least 16 years of 
     age at such time. Nothing in the previous sentence may be 
     construed to require a State to permit an individual who is 
     under 18 years of age at the time of an election for Federal 
     office to vote in the election.
       ``(c) Applicable Agency Responsibilities.--
       ``(1) Instructions on automatic registration for agencies 
     collecting citizenship information.--
       ``(A) In general.--Except as otherwise provided in this 
     section, in the case of any applicable transaction for which 
     an applicable agency (in the normal course of its operations) 
     requests individuals to affirm United States citizenship 
     (either directly or as part of the overall application for 
     service or assistance or enrollment), the applicable agency 
     shall inform each such individual who is a citizen of the 
     United States of the following:
       ``(i) Unless that individual declines to register to vote, 
     or is found ineligible to vote, the individual will be 
     registered to vote or, if applicable, the individual's 
     registration will be updated.
       ``(ii) The substantive qualifications of an elector in the 
     State as listed in the mail voter registration application 
     form for elections for Federal office prescribed pursuant to 
     section 9, the consequences of false registration, and how 
     the individual should decline to register if the individual 
     does not meet all those qualifications.
       ``(iii) In the case of a State in which affiliation or 
     enrollment with a political party is required in order to 
     participate in an election to select the party's candidate in 
     an election for Federal office, the requirement that the 
     individual must affiliate or enroll with a political party in 
     order to participate in such an election.
       ``(iv) Voter registration is voluntary, and neither 
     registering nor declining to register to vote will in any way 
     affect the availability of services or benefits, nor be used 
     for other purposes.
       ``(B) Individuals with limited english proficiency.--In the 
     case in which the individual is a member of a group that 
     constitutes 3 percent or more of the overall population 
     within the State served by the applicable agency as measured 
     by the United States Census and are limited English 
     proficient, the information described in clauses (i) through 
     (iv) of subparagraph (A) shall be provided in a language 
     understood by the individual.
       ``(C) Clarification on procedures for ineligible voters.--
     An applicable agency shall not provide an individual who did 
     not affirm United States citizenship, or for whom the agency 
     has conclusive documentary evidence obtained through its 
     normal course of operations that the individual is not a 
     United State citizen, the opportunity to register to vote 
     under subparagraph (A).
       ``(D) Opportunity to decline registration required.--Except 
     as otherwise provided in this section, each applicable agency 
     shall ensure that each applicable transaction described in 
     subparagraph (A) with an eligible individual cannot be 
     completed until the individual is given the opportunity to 
     decline to be registered to vote. In the case where the 
     individual is a member of a group that constitutes 3 percent 
     or more of the overall population within the State served by 
     the applicable agency as measured by the United States Census 
     and are limited English proficient, such opportunity shall be 
     given in a language understood by the individual.
       ``(E) Information transmittal.--Not later than 10 days 
     after an applicable transaction with an eligible individual, 
     if the individual did not decline to be registered to vote, 
     the applicable agency shall electronically transmit to the 
     appropriate State election official the following information 
     with respect to the individual:
       ``(i) The individual's given name(s) and surname(s).
       ``(ii) The individual's date of birth.
       ``(iii) The individual's residential address.
       ``(iv) Information showing that the individual is a citizen 
     of the United States.
       ``(v) The date on which information pertaining to that 
     individual was collected or last updated.
       ``(vi) If available, the individual's signature in 
     electronic form.
       ``(vii) In the case of a State in which affiliation or 
     enrollment with a political party is

[[Page S4429]]

     required in order to participate in an election to select the 
     party's candidate in an election for Federal office, 
     information regarding the individual's affiliation or 
     enrollment with a political party, but only if the individual 
     provides such information.
       ``(viii) Any additional information listed in the mail 
     voter registration application form for elections for Federal 
     office prescribed pursuant to section 9, including any valid 
     driver's license number or the last 4 digits of the 
     individual's social security number, if the individual 
     provided such information.
       ``(F) Provision of information regarding participation in 
     primary elections.--In the case of a State in which 
     affiliation or enrollment with a political party is required 
     in order to participate in an election to select the party's 
     candidate in an election for Federal office, if the 
     information transmitted under subparagraph (E) with respect 
     to an individual does not include information regarding the 
     individual's affiliation or enrollment with a political 
     party, the chief State election official shall--
       ``(i) notify the individual that such affiliation or 
     enrollment is required to participate in primary elections; 
     and
       ``(ii) provide an opportunity for the individual to update 
     their registration with a party affiliation or enrollment.
       ``(G) Clarification.--Nothing in this section shall be read 
     to require an applicable agency to transmit to an election 
     official the information described in subparagraph (E) for an 
     individual who is ineligible to vote in elections for Federal 
     office in the State, except to the extent required to pre-
     register citizens between 16 and 18 years of age.
       ``(2) Alternate procedure for certain other applicable 
     agencies.--With each applicable transaction for which an 
     applicable agency in the normal course of its operations does 
     not request individuals to affirm United States citizenship 
     (either directly or as part of the overall application for 
     service or assistance), the applicable agency shall--
       ``(A) complete the requirements of section 5;
       ``(B) ensure that each applicant's transaction with the 
     applicable agency cannot be completed until the applicant has 
     indicated whether the applicant wishes to register to vote or 
     declines to register to vote in elections for Federal office 
     held in the State; and
       ``(C) for each individual who wishes to register to vote, 
     transmit that individual's information in accordance with 
     subsection (c)(1)(E), unless the applicable agency has 
     conclusive documentary evidence obtained through its normal 
     course of operations that the individual is not a United 
     States citizen.
       ``(3) Required availability of automatic registration 
     opportunity with each application for service or 
     assistance.--Each applicable agency shall offer each eligible 
     individual, with each applicable transaction, the opportunity 
     to register to vote as prescribed by this section without 
     regard to whether the individual previously declined a 
     registration opportunity.
       ``(d) Voter Protection.--
       ``(1) Applicable agencies' protection of information.--
     Nothing in this section authorizes an applicable agency to 
     collect, retain, transmit, or publicly disclose any of the 
     following, except as necessary to comply with title III of 
     the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.):
       ``(A) An individual's decision to decline to register to 
     vote or not to register to vote.
       ``(B) An individual's decision not to affirm his or her 
     citizenship.
       ``(C) Any information that an applicable agency transmits 
     pursuant to subsection (c)(1)(E), except in pursuing the 
     agency's ordinary course of business.
       ``(2) Election officials' protection of information.--
       ``(A) Public disclosure prohibited.--
       ``(i) In general.--Subject to clause (ii), with respect to 
     any individual for whom any State election official receives 
     information from an applicable agency, the State election 
     official shall not publicly disclose any of the following:

       ``(I) Any information not necessary to voter registration.
       ``(II) Any voter information otherwise shielded from 
     disclosure under State law or section 8(a).
       ``(III) Any portion of the individual's social security 
     number.
       ``(IV) Any portion of the individual's motor vehicle 
     driver's license number.
       ``(V) The individual's signature.
       ``(VI) The individual's telephone number.
       ``(VII) The individual's email address.

       ``(ii) Special rule for individuals registered to vote.--
     The prohibition on public disclosure under clause (i) shall 
     not apply with respect to the telephone number or email 
     address of any individual for whom any State election 
     official receives information from the applicable agency and 
     who, on the basis of such information, is registered to vote 
     in the State under this section.
       ``(e) Miscellaneous Provisions.--
       ``(1) Accessibility of registration services.--Each 
     applicable agency shall ensure that the services it provides 
     under this section are made available to individuals with 
     disabilities to the same extent as services are made 
     available to all other individuals.
       ``(2) Transmission through secure third party permitted.--
     Nothing in this section or in the Automatic Voter 
     Registration Act of 2024 shall be construed to prevent an 
     applicable agency from contracting with a third party to 
     assist the agency in meeting the information transmittal 
     requirements of this section, so long as the data transmittal 
     complies with the applicable requirements of this section and 
     such Act, including provisions relating privacy and security.
       ``(3) Nonpartisan, nondiscriminatory provision of 
     services.--The services made available by applicable agencies 
     under this section shall be made in a manner consistent with 
     paragraphs (4), (5), and (6)(C) of section 7(a).
       ``(4) Notices.--Each State may send notices under this 
     section via electronic mail if the individual has provided an 
     electronic mail address and consented to electronic mail 
     communications for election-related materials. All notices 
     sent pursuant to this section that require a response must 
     offer the individual notified the opportunity to respond at 
     no cost to the individual.
       ``(5) Registration at other state offices permitted.--
     Nothing in this section may be construed to prohibit a State 
     from offering voter registration services described in this 
     section at offices of the State other than the State motor 
     vehicle authority.
       ``(f) Applicability.--
       ``(1) In general.--This section shall not apply to an 
     exempt State.
       ``(2) Exempt state defined.--The term `exempt State' means 
     a State that, under law that is in effect continuously on and 
     after the date of enactment of this section, either--
       ``(A) has no voter registration requirement for any voter 
     in the State with respect to a Federal election; or
       ``(B) operates a system of automatic registration at the 
     motor vehicle authority of the State or a Permanent Dividend 
     Fund of the State under which an individual is provided the 
     opportunity to decline registration during the transaction or 
     by way of a notice sent by mail or electronically after the 
     transaction.''.
       (b) Conforming Amendments.--
       (1) Section 4(a) of the National Voter Registration Act of 
     1993 (52 U.S.C. 20503(a)) is amended by redesignating 
     paragraphs (2) and (3) as paragraphs (3) and (4), 
     respectively, and by inserting after paragraph (1) the 
     following new paragraph:
       ``(2) by application made simultaneously with an 
     application for a motor vehicle driver's license pursuant to 
     section 5A;''.
       (2) Section 4(b) of the National Voter Registration Act of 
     1993 (52 U.S.C. 20503(b)) is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (B) by striking ``States.--This Act'' and inserting 
     ``States.--
       ``(1) In general.--Except as provided in paragraph (2), 
     this Act''; and
       (C) by adding at the end the following new paragraph:
       ``(2) Application of automatic registration requirements.--
     Section 5A shall apply to a State described in paragraph (1), 
     unless the State is an exempt State as defined in subsection 
     (f)(2) of such section.''.
       (3) Section 8(a)(1) of such Act (52 U.S.C. 20507(a)(1)) is 
     amended by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (C), (D), and (E), respectively, and by 
     inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) in the case of registration under section 5A, within 
     the period provided in section 5A(b)(2);''.

     SEC. 1003. VOTER PROTECTION AND SECURITY IN AUTOMATIC 
                   REGISTRATION.

       (a) Protections for Errors in Registration.--An individual 
     shall not be prosecuted under any Federal or State law, 
     adversely affected in any civil adjudication concerning 
     immigration status or naturalization, or subject to an 
     allegation in any legal proceeding that the individual is not 
     a citizen of the United States on any of the following 
     grounds:
       (1) The individual notified an election office of the 
     individual's automatic registration to vote.
       (2) The individual is not eligible to vote in elections for 
     Federal office but was registered to vote due to individual 
     or agency error.
       (3) The individual was automatically registered to vote at 
     an incorrect address.
       (4) The individual declined the opportunity to register to 
     vote or did not make an affirmation of citizenship, including 
     through automatic registration.
       (b) Limits on Use of Automatic Registration.--The automatic 
     registration (within the meaning of section 5A of the 
     National Voter Registration Act of 1993) of any individual or 
     the fact that an individual declined the opportunity to 
     register to vote or did not make an affirmation of 
     citizenship (including through automatic registration) may 
     not be used as evidence against that individual in any State 
     or Federal law enforcement proceeding or any civil 
     adjudication concerning immigration status or naturalization, 
     and an individual's lack of knowledge or willfulness of such 
     registration may be demonstrated by the individual's 
     testimony alone.
       (c) Protection of Election Integrity.--Nothing in 
     subsections (a) or (b) may be construed to prohibit or 
     restrict any action under color of law against an individual 
     who--
       (1) knowingly and willfully makes a false statement to 
     effectuate or perpetuate automatic voter registration (within 
     the meaning of section 5A of the National Voter Registration 
     Act of 1993) by any individual; or
       (2) casts a ballot knowingly and willfully in violation of 
     State law or the laws of the United States.

[[Page S4430]]

       (d) Election Officials' Protection of Information.--
       (1) Voter record changes.--Each State shall maintain for 
     not less than 2 years and shall make available for public 
     inspection (and, where available, photocopying at a 
     reasonable cost), including in electronic form and through 
     electronic methods, all records of changes to voter records, 
     including removals, the reasons for removals, and updates.
       (2) Database management standards.--Not later than 1 year 
     after the date of enactment of this Act, the Director of the 
     National Institute of Standards and Technology, in 
     consultation with State and local election officials and the 
     Commission, shall, after providing the public with notice and 
     the opportunity to comment--
       (A) establish standards governing the comparison of data 
     for voter registration list maintenance purposes, identifying 
     as part of such standards the specific data elements, the 
     matching rules used, and how a State may use the data to 
     determine and deem that an individual is ineligible under 
     State law to vote in an election, or to deem a record to be a 
     duplicate or outdated;
       (B) ensure that the standards developed pursuant to this 
     paragraph are uniform and nondiscriminatory and are applied 
     in a uniform and nondiscriminatory manner;
       (C) not later than 45 days after the deadline for public 
     notice and comment, publish the standards developed pursuant 
     to this paragraph on the Director's website and make those 
     standards available in written form upon request; and
       (D) ensure that the standards developed pursuant to this 
     paragraph are maintained and updated in a manner that 
     reflects innovations and best practices in the security of 
     database management.
       (3) Security policy.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the National Institute 
     of Standards and Technology shall, after providing the public 
     with notice and the opportunity to comment, publish privacy 
     and security standards for voter registration information not 
     later than 45 days after the deadline for public notice and 
     comment. The standards shall require the chief State election 
     official of each State to adopt a policy that shall specify--
       (i) each class of users who shall have authorized access to 
     the computerized statewide voter registration list, 
     specifying for each class the permission and levels of access 
     to be granted, and setting forth other safeguards to protect 
     the privacy, security, and accuracy of the information on the 
     list; and
       (ii) security safeguards to protect personal information 
     transmitted through the information transmittal processes of 
     section 5A(b) of the National Voter Registration Act of 1993, 
     any telephone interface, the maintenance of the voter 
     registration database, and any audit procedure to track 
     access to the system.
       (B) Maintenance and updating.--The Director of the National 
     Institute of Standards and Technology shall ensure that the 
     standards developed pursuant to this paragraph are maintained 
     and updated in a manner that reflects innovations and best 
     practices in the privacy and security of voter registration 
     information.
       (4) State compliance with national standards.--
       (A) Certification.--The chief State election official of 
     the State shall annually file with the Commission a statement 
     certifying to the Director of the National Institute of 
     Standards and Technology that the State is in compliance with 
     the standards referred to in paragraphs (2) and (3). A State 
     may meet the requirement of the previous sentence by filing 
     with the Commission a statement that reads as follows: 
     ``_____ hereby certifies that it is in compliance with the 
     standards referred to in paragraphs (2) and (3) of section 
     1003(d) of the Automatic Voter Registration Act of 2024.'' 
     (with the blank to be filled in with the name of the State 
     involved).
       (B) Publication of policies and procedures.--The chief 
     State election official of a State shall publish on the 
     official's website the policies and procedures established 
     under this section, and shall make those policies and 
     procedures available in written form upon public request.
       (C) Funding dependent on certification.--If a State does 
     not timely file the certification required under this 
     paragraph, it shall not receive any payment under this part 
     for the upcoming fiscal year.
       (D) Compliance of states that require changes to state 
     law.--In the case of a State that requires State legislation 
     to carry out an activity covered by any certification 
     submitted under this paragraph, for a period of not more than 
     2 years, the State shall be permitted to make the 
     certification notwithstanding that the legislation has not 
     been enacted at the time the certification is submitted, and 
     such State shall submit an additional certification once such 
     legislation is enacted.
       (e) Restrictions on Use of Information.--No person acting 
     under color of law may discriminate against any individual 
     based on, or use for any purpose other than voter 
     registration, election administration, juror selection, or 
     enforcement relating to election crimes, any of the 
     following:
       (1) Voter registration records.
       (2) An individual's declination to register to vote or 
     complete an affirmation of citizenship under section 5A of 
     the National Voter Registration Act of 1993.
       (3) An individual's voter registration status.
       (f) Prohibition on the Use of Voter Registration 
     Information for Commercial Purposes.--Information collected 
     under this part or the amendments made by this part shall not 
     be used for commercial purposes. Nothing in this subsection 
     may be construed to prohibit the transmission, exchange, or 
     dissemination of information for political purposes, 
     including the support of campaigns for election for Federal, 
     State, or local public office or the activities of political 
     committees (including committees of political parties) under 
     the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et 
     seq.).

     SEC. 1004. PAYMENTS AND GRANTS.

       (a) In General.--The Commission shall make grants to each 
     eligible State to assist the State in implementing the 
     requirements of this part and the amendments made by this 
     part (or, in the case of an exempt State, in implementing its 
     existing automatic voter registration program or expanding 
     its automatic voter registration program in a manner 
     consistent with the requirements of this part) with respect 
     to the offices of the State motor vehicle authority and any 
     other offices of the State at which the State offers voter 
     registration services as described in this part and the 
     amendments made by this part.
       (b) Eligibility; Application.--A State is eligible to 
     receive a grant under this section if the State submits to 
     the Commission, at such time and in such form as the 
     Commission may require, an application containing--
       (1) a description of the activities the State will carry 
     out with the grant;
       (2) an assurance that the State shall carry out such 
     activities without partisan bias and without promoting any 
     particular point of view regarding any issue; and
       (3) such other information and assurances as the Commission 
     may require.
       (c) Amount of Grant; Priorities.--The Commission shall 
     determine the amount of a grant made to an eligible State 
     under this section. In determining the amounts of the grants, 
     the Commission shall give priority to providing funds for 
     those activities that are most likely to accelerate 
     compliance with the requirements of this part (or, in the 
     case of an exempt State, which are most likely to enhance the 
     ability of the State to automatically register individuals to 
     vote through its existing automatic voter registration 
     program), including--
       (1) investments supporting electronic information transfer, 
     including electronic collection and transfer of signatures, 
     between applicable agencies (as defined in section 5A of the 
     National Voter Registration Act of 1993) and the appropriate 
     State election officials;
       (2) updates to online or electronic voter registration 
     systems already operating as of the date of enactment of this 
     Act;
       (3) introduction of online voter registration systems in 
     jurisdictions in which those systems did not previously 
     exist; and
       (4) public education on the availability of new methods of 
     registering to vote, updating registration, and correcting 
     registration.
       (d) Exempt State.--For purposes of this section, the term 
     ``exempt State'' has the meaning given that term in section 
     5A of the National Voter Registration Act of 1993, and also 
     includes a State in which, under law that is in effect 
     continuously on and after the date of enactment of the 
     National Voter Registration Act of 1993, there is no voter 
     registration requirement for any voter in the State with 
     respect to an election for Federal office.
       (e) Authorization of Appropriations.--
       (1) Authorization.--There are authorized to be appropriated 
     to carry out this section--
       (A) $3,000,000,000 for fiscal year 2026; and
       (B) such sums as may be necessary for each succeeding 
     fiscal year.
       (2) Continuing availability of funds.--Any amounts 
     appropriated pursuant to the authority of this subsection 
     shall remain available without fiscal year limitation until 
     expended.

     SEC. 1005. MISCELLANEOUS PROVISIONS.

       (a) Enforcement.--Section 11 of the National Voter 
     Registration Act of 1993 (52 U.S.C. 20510), relating to civil 
     enforcement and the availability of private rights of action, 
     shall apply with respect to this part in the same manner as 
     such section applies to such Act.
       (b) Relation to Other Laws.--Except as provided, nothing in 
     this part or the amendments made by this part may be 
     construed to authorize or require conduct prohibited under, 
     or to supersede, restrict, or limit the application of any of 
     the following:
       (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et 
     seq.).
       (2) The Uniformed and Overseas Citizens Absentee Voting Act 
     (52 U.S.C. 20301 et seq.).
       (3) The National Voter Registration Act of 1993 (52 U.S.C. 
     20501 et seq.) (other than section 5A thereof).
       (4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et 
     seq.).
       (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.).

     SEC. 1006. DEFINITIONS.

       In this part, the following definitions apply:
       (1) The term ``chief State election official'' means, with 
     respect to a State, the individual designated by the State 
     under section 10 of the National Voter Registration Act of 
     1993 (52 U.S.C. 20509) to be responsible for coordination of 
     the State's responsibilities under such Act.

[[Page S4431]]

       (2) The term ``Commission'' means the Election Assistance 
     Commission.
       (3) The term ``State'' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands.

     SEC. 1007. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     part and the amendments made by this part shall apply on and 
     after January 1, 2027.
       (b) Waiver.--If a State certifies to the Commission not 
     later than January 1, 2027, that the State will not meet the 
     deadline described in subsection (a) because it would be 
     impracticable to do so and includes in the certification the 
     reasons for the failure to meet such deadline, subsection (a) 
     shall apply to the State as if the reference in such 
     subsection to ``January 1, 2027'' were a reference to 
     ``January 1, 2029''.

              PART 2--ELECTION DAY AS LEGAL PUBLIC HOLIDAY

     SEC. 1011. ELECTION DAY AS LEGAL PUBLIC HOLIDAY.

       (a) In General.--Section 6103(a) of title 5, United States 
     Code, is amended by inserting after the item relating to 
     Columbus Day, the following:
       ``Election Day, the Tuesday next after the first Monday in 
     November in each even-numbered year.''.
       (b) Conforming Amendment.--Section 241(b) of the Help 
     America Vote Act of 2002 (52 U.S.C. 20981(b)) is amended--
       (1) by striking paragraph (10); and
       (2) by redesignating paragraphs (11) through (19) as 
     paragraphs (10) through (18), respectively.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to the regularly scheduled general 
     elections for Federal office held in November 2024 or any 
     succeeding year.

                PART 3--PROMOTING INTERNET REGISTRATION

     SEC. 1021. REQUIRING AVAILABILITY OF INTERNET FOR VOTER 
                   REGISTRATION.

       (a) Requiring Availability of Internet for Registration.--
     The National Voter Registration Act of 1993 (52 U.S.C. 20501 
     et seq.) is amended by inserting after section 6 the 
     following new section:

     ``SEC. 6A. INTERNET REGISTRATION.

       ``(a) Requiring Availability of Internet for Online 
     Registration.--Each State, acting through the chief State 
     election official, shall ensure that the following services 
     are available to the public at any time on the official 
     public websites of the appropriate State and local election 
     officials in the State, in the same manner and subject to the 
     same terms and conditions as the services provided by voter 
     registration agencies under section 7(a):
       ``(1) Online application for voter registration.
       ``(2) Online assistance to applicants in applying to 
     register to vote.
       ``(3) Online completion and submission by applicants of the 
     mail voter registration application form prescribed by the 
     Election Assistance Commission pursuant to section 9(a)(2), 
     including assistance with providing a signature as required 
     under subsection (c).
       ``(4) Online receipt of completed voter registration 
     applications.
       ``(b) Acceptance of Completed Applications.--A State shall 
     accept an online voter registration application provided by 
     an individual under this section, and ensure that the 
     individual is registered to vote in the State, if--
       ``(1) the individual meets the same voter registration 
     requirements applicable to individuals who register to vote 
     by mail in accordance with section 6(a)(1) using the mail 
     voter registration application form prescribed by the 
     Election Assistance Commission pursuant to section 9(a)(2); 
     and
       ``(2) the individual meets the requirements of subsection 
     (c) to provide a signature in electronic form (but only in 
     the case of applications submitted during or after the second 
     year in which this section is in effect in the State).
       ``(c) Signature Requirements.--
       ``(1) In general.--For purposes of this section, an 
     individual meets the requirements of this subsection as 
     follows:
       ``(A) In the case of an individual who has a signature on 
     file with a State agency, including the State motor vehicle 
     authority, that is required to provide voter registration 
     services under this Act or any other law, the individual 
     consents to the transfer of that electronic signature.
       ``(B) If subparagraph (A) does not apply, the individual 
     submits with the application an electronic copy of the 
     individual's handwritten signature through electronic means.
       ``(C) If subparagraph (A) and subparagraph (B) do not 
     apply, the individual executes a computerized mark in the 
     signature field on an online voter registration application, 
     in accordance with reasonable security measures established 
     by the State, but only if the State accepts such mark from 
     the individual.
       ``(2) Treatment of individuals unable to meet 
     requirement.--If an individual is unable to meet the 
     requirements under paragraph (1), the State shall--
       ``(A) permit the individual to complete all other elements 
     of the online voter registration application;
       ``(B) permit the individual to provide a signature at the 
     time the individual requests a ballot in an election (whether 
     the individual requests the ballot at a polling place or 
     requests the ballot by mail); and
       ``(C) if the individual carries out the steps described in 
     subparagraphs (A) and (B), ensure that the individual is 
     registered to vote in the State.
       ``(3) Notice.--The State shall ensure that individuals 
     applying to register to vote online are notified of the 
     requirements under paragraph (1) and of the treatment of 
     individuals unable to meet such requirements, as described in 
     paragraph (2).
       ``(d) Confirmation and Disposition.--
       ``(1) Confirmation of receipt.--
       ``(A) In general.--Upon the online submission of a 
     completed voter registration application by an individual 
     under this section, the appropriate State or local election 
     official shall provide the individual a notice confirming the 
     State's receipt of the application and providing instructions 
     on how the individual may check the status of the 
     application.
       ``(B) Method of notification.--The appropriate State or 
     local election official shall provide the notice required 
     under subparagraph (A) though the online submission process 
     and--
       ``(i) in the case of an individual who has provided the 
     official with an electronic mail address, by electronic mail; 
     and
       ``(ii) at the option of the individual, by text message.
       ``(2) Notice of disposition.--
       ``(A) In general.--Not later than 7 days after the date on 
     which the appropriate State or local election official 
     approves or rejects an application submitted by an individual 
     under this section, the official shall provide the individual 
     a notice of the disposition of the application.
       ``(B) Method of notification.--The appropriate State or 
     local election official shall provide the notice required 
     under subparagraph (A) by regular mail and--
       ``(i) in the case of an individual who has provided the 
     official with an electronic mail address, by electronic mail; 
     and
       ``(ii) at the option of the individual, by text message.
       ``(e) Provision of Services in Nonpartisan Manner.--The 
     services made available under subsection (a) shall be 
     provided in a manner that ensures that--
       ``(1) the online application does not seek to influence an 
     applicant's political preference or party registration; and
       ``(2) there is no display on the website promoting any 
     political preference or party allegiance, except that nothing 
     in this paragraph may be construed to prohibit an applicant 
     from registering to vote as a member of a political party.
       ``(f) Protection of Security of Information.--In meeting 
     the requirements of this section, the State shall establish 
     appropriate technological security measures to prevent to the 
     greatest extent practicable any unauthorized access to 
     information provided by individuals using the services made 
     available under subsection (a).
       ``(g) Accessibility of Services.--A State shall ensure that 
     the services made available under this section are made 
     available to individuals with disabilities to the same extent 
     as services are made available to all other individuals.
       ``(h) Nondiscrimination Among Registered Voters Using Mail 
     and Online Registration.--In carrying out this Act, the Help 
     America Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any 
     other Federal, State, or local law governing the treatment of 
     registered voters in the State or the administration of 
     elections for public office in the State, a State shall treat 
     a registered voter who registered to vote online in 
     accordance with this section in the same manner as the State 
     treats a registered voter who registered to vote by mail.''.
       (b) Special Requirements for Individuals Using Online 
     Registration.--
       (1) Treatment as individuals registering to vote by mail 
     for purposes of first-time voter identification 
     requirements.--Section 303(b)(1)(A) of the Help America Vote 
     Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking 
     ``by mail'' and inserting ``by mail or online under section 
     6A of the National Voter Registration Act of 1993''.
       (2) Requiring signature for first-time voters in 
     jurisdiction.--Section 303(b) of such Act (52 U.S.C. 
     21083(b)) is amended--
       (A) by redesignating paragraph (5) as paragraph (6); and
       (B) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Signature requirements for first-time voters using 
     online registration.--
       ``(A) In general.--A State shall, in a uniform and 
     nondiscriminatory manner, require an individual to meet the 
     requirements of subparagraph (B) if--
       ``(i) the individual registered to vote in the State online 
     under section 6A of the National Voter Registration Act of 
     1993; and
       ``(ii) the individual has not previously voted in an 
     election for Federal office in the State.
       ``(B) Requirements.--An individual meets the requirements 
     of this subparagraph if--
       ``(i) in the case of an individual who votes in person, the 
     individual provides the appropriate State or local election 
     official with a handwritten signature; or
       ``(ii) in the case of an individual who votes by mail, the 
     individual submits with the ballot a handwritten signature.
       ``(C) Inapplicability.--Subparagraph (A) does not apply in 
     the case of an individual who is--
       ``(i) entitled to vote by absentee ballot under the 
     Uniformed and Overseas Citizens Absentee Voting Act (52 
     U.S.C. 20302 et seq.);

[[Page S4432]]

       ``(ii) provided the right to vote otherwise than in person 
     under section 3(b)(2)(B)(ii) of the Voting Accessibility for 
     the Elderly and Handicapped Act (52 U.S.C. 
     20102(b)(2)(B)(ii)); or
       ``(iii) entitled to vote otherwise than in person under any 
     other Federal law.''.
       (3) Conforming amendment relating to effective date.--
     Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) 
     is amended by striking ``Each State'' and inserting ``Except 
     as provided in subsection (b)(5), each State''.
       (c) Conforming Amendments.--
       (1) Timing of registration.--Section 8(a)(1) of the 
     National Voter Registration Act of 1993 (52 U.S.C. 
     20507(a)(1)), as amended by section 1002(b)(3), is amended--
       (A) by striking ``and'' at the end of subparagraph (D);
       (B) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (C) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) in the case of online registration through the 
     official public website of an election official under section 
     6A, if the valid voter registration application is submitted 
     online not later than the lesser of 28 days, or the period 
     provided by State law, before the date of the election (as 
     determined by treating the date on which the application is 
     sent electronically as the date on which it is submitted); 
     and''.
       (2) Informing applicants of eligibility requirements and 
     penalties.--Section 8(a)(5) of such Act (52 U.S.C. 
     20507(a)(5)) is amended by striking ``and 7'' and inserting 
     ``6A, and 7''.

     SEC. 1022. USE OF INTERNET TO UPDATE REGISTRATION 
                   INFORMATION.

       (a) In General.--
       (1) Updates to information contained on computerized 
     statewide voter registration list.--Section 303(a) of the 
     Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended 
     by adding at the end the following new paragraph:
       ``(6) Use of internet by registered voters to update 
     information.--
       ``(A) In general.--The appropriate State or local election 
     official shall ensure that any registered voter on the 
     computerized list may at any time update the voter's 
     registration information, including the voter's address and 
     electronic mail address, online through the official public 
     website of the election official responsible for the 
     maintenance of the list, so long as the voter attests to the 
     contents of the update by providing a signature in electronic 
     form in the same manner required under section 6A(c) of the 
     National Voter Registration Act of 1993.
       ``(B) Processing of updated information by election 
     officials.--If a registered voter updates registration 
     information under subparagraph (A), the appropriate State or 
     local election official shall--
       ``(i) revise any information on the computerized list to 
     reflect the update made by the voter; and
       ``(ii) if the updated registration information affects the 
     voter's eligibility to vote in an election for Federal 
     office, ensure that the information is processed with respect 
     to the election if the voter updates the information not 
     later than the lesser of 7 days, or the period provided by 
     State law, before the date of the election.
       ``(C) Confirmation and disposition.--
       ``(i) Confirmation of receipt.--Upon the online submission 
     of updated registration information by an individual under 
     this paragraph, the appropriate State or local election 
     official shall send the individual a notice confirming the 
     State's receipt of the updated information and providing 
     instructions on how the individual may check the status of 
     the update.
       ``(ii) Notice of disposition.--Not later than 7 days after 
     the appropriate State or local election official has accepted 
     or rejected updated information submitted by an individual 
     under this paragraph, the official shall send the individual 
     a notice of the disposition of the update.
       ``(iii) Method of notification.--The appropriate State or 
     local election official shall send the notices required under 
     this subparagraph by regular mail and--

       ``(I) in the case of an individual who has requested that 
     the State provide voter registration and voting information 
     through electronic mail, by electronic mail; and
       ``(II) at the option of the individual, by text message.''.

       (2) Conforming amendment relating to effective date.--
     Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) 
     is amended by striking ``subparagraph (B)'' and inserting 
     ``subparagraph (B) and subsection (a)(6)''.
       (b) Ability of Registrant to Use Online Update to Provide 
     Information on Residence.--Section 8(d)(2)(A) of the National 
     Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is 
     amended--
       (1) in the first sentence, by inserting after ``return the 
     card'' the following: ``or update the registrant's 
     information on the computerized Statewide voter registration 
     list using the online method provided under section 303(a)(6) 
     of the Help America Vote Act of 2002''; and
       (2) in the second sentence, by striking ``returned,'' and 
     inserting the following: ``returned or if the registrant does 
     not update the registrant's information on the computerized 
     Statewide voter registration list using such online 
     method,''.

     SEC. 1023. PROVISION OF ELECTION INFORMATION BY ELECTRONIC 
                   MAIL TO INDIVIDUALS REGISTERED TO VOTE.

       (a) Including Option on Voter Registration Application to 
     Provide e-mail Address and Receive Information.--
       (1) In general.--Section 9(b) of the National Voter 
     Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) in paragraph (4)--
       (i) by redesignating clauses (i), (ii), and (iii) as 
     subparagraphs (A), (B), and (C), respectively; and
       (ii) in subparagraph (C), as so redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(5) shall include a space for the applicant to provide 
     (at the applicant's option) an electronic mail address, 
     together with a statement that, if the applicant so requests, 
     instead of using regular mail the appropriate State and local 
     election officials shall provide to the applicant, through 
     electronic mail sent to that address, the same voting 
     information (as defined in section 302(b)(2) of the Help 
     America Vote Act of 2002) that the officials would provide to 
     the applicant through regular mail.''.
       (2) Prohibiting use for purposes unrelated to official 
     duties of election officials.--Section 9 of such Act (52 
     U.S.C. 20508) is amended by adding at the end the following 
     new subsection:
       ``(c) Prohibiting Use of Electronic Mail Addresses for 
     Other Than Official Purposes.--The chief State election 
     official shall ensure that any electronic mail address 
     provided by an applicant under subsection (b)(5) is used only 
     for purposes of carrying out official duties of election 
     officials and is not transmitted by any State or local 
     election official (or any agent of such an official, 
     including a contractor) to any person who does not require 
     the address to carry out such official duties and who is not 
     under the direct supervision and control of a State or local 
     election official.''.
       (b) Requiring Provision of Information by Election 
     Officials.--Section 302(b) of the Help America Vote Act of 
     2002 (52 U.S.C. 21082(b)) is amended by adding at the end the 
     following new paragraph:
       ``(3) Provision of other information by electronic mail.--
     If an individual who is a registered voter has provided the 
     State or local election official with an electronic mail 
     address for the purpose of receiving voting information (as 
     described in section 9(b)(5) of the National Voter 
     Registration Act of 1993), the appropriate State or local 
     election official, through electronic mail transmitted not 
     later than 7 days before the date of the election for Federal 
     office involved, shall provide the individual with 
     information on how to obtain the following information by 
     electronic means:
       ``(A)(i) If the individual is assigned to vote in the 
     election at a specific polling place--
       ``(I) the name and address of the polling place; and
       ``(II) the hours of operation for the polling place.
       ``(ii) If the individual is not assigned to vote in the 
     election at a specific polling place--
       ``(I) the name and address of locations at which the 
     individual is eligible to vote; and
       ``(II) the hours of operation for those locations.
       ``(B) A description of any identification or other 
     information the individual may be required to present at the 
     polling place or a location described in subparagraph 
     (A)(ii)(I) to vote in the election.''.

     SEC. 1024. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY 
                   INFORMATION TO SHOW ELIGIBILITY TO VOTE.

       Section 8 of the National Voter Registration Act of 1993 
     (52 U.S.C. 20507) is amended--
       (1) by redesignating subsection (j) as subsection (k); and
       (2) by inserting after subsection (i) the following new 
     subsection:
       ``(j) Requirement for State to Register Applicants 
     Providing Necessary Information to Show Eligibility to 
     Vote.--For purposes meeting the requirement of subsection 
     (a)(1) that an eligible applicant is registered to vote in an 
     election for Federal office within the deadlines required 
     under such subsection, the State shall consider an applicant 
     to have provided a `valid voter registration form' if--
       ``(1) the applicant has substantially completed the 
     application form and attested to the statement required by 
     section 9(b)(2); and
       ``(2) in the case of an applicant who registers to vote 
     online in accordance with section 6A, the applicant provides 
     a signature in accordance with subsection (c) of such 
     section.''.

     SEC. 1025. PROHIBITING STATE FROM REQUIRING APPLICANTS TO 
                   PROVIDE MORE THAN LAST 4 DIGITS OF SOCIAL 
                   SECURITY NUMBER.

       (a) Form Included With Application for Motor Vehicle 
     Driver's License.--Section 5(c)(2)(B)(ii) of the National 
     Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) 
     is amended by striking the semicolon at the end and inserting 
     the following: ``, and to the extent that the application 
     requires the applicant to provide a Social Security number, 
     may not require the applicant to provide more than the last 4 
     digits of such number;''.
       (b) National Mail Voter Registration Form.--Section 9(b)(1) 
     of such Act (52 U.S.C. 20508(b)(1)) is amended by striking 
     the semicolon at the end and inserting the following: ``, and 
     to the extent that the form requires the applicant to provide 
     a Social Security

[[Page S4433]]

     number, the form may not require the applicant to provide 
     more than the last 4 digits of such number;''.

     SEC. 1026. APPLICATION OF RULES TO CERTAIN EXEMPT STATES.

       Section 4 of the National Voter Registration Act of 1993 
     (52 U.S.C. 20503) is amended by adding at the end the 
     following new subsection:
       ``(c) Application of Internet Voter Registration Rules.--
     Notwithstanding subsection (b), the following provisions 
     shall apply to a State described in paragraph (2) thereof:
       ``(1) Section 6A (as added by section 1021(a) of the Voter 
     Registration Modernization Act of 2024).
       ``(2) Section 8(a)(1)(E) (as added by section 1021(c)(1) of 
     the Voter Registration Modernization Act of 2024).
       ``(3) Section 8(a)(5) (as amended by section 1021(c)(2) of 
     Voter Registration Modernization Act of 2024), but only to 
     the extent such provision relates to section 6A.
       ``(4) Section 8(j) (as added by section 1024 of the Voter 
     Registration Modernization Act of 2024), but only to the 
     extent such provision relates to section 6A.''.

     SEC. 1027. REPORT ON DATA COLLECTION RELATING TO ONLINE VOTER 
                   REGISTRATION SYSTEMS.

       Not later than 1 year after the date of enactment of this 
     Act, the Attorney General shall submit to Congress a report 
     on local, State, and Federal personally identifiable 
     information data collections efforts related to online voter 
     registration systems, the cyber security resources necessary 
     to defend such efforts from online attacks, and the impact of 
     a potential data breach of local, State, or Federal online 
     voter registration systems.

     SEC. 1028. PERMITTING VOTER REGISTRATION APPLICATION FORM TO 
                   SERVE AS APPLICATION FOR ABSENTEE BALLOT.

       Section 5(c) of the National Voter Registration Act of 1993 
     (52 U.S.C. 20504(c)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``and'' at the end of subparagraph (D);
       (B) by striking the period at the end of subparagraph (E) 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(F) at the option of the applicant, shall serve as an 
     application to vote by absentee ballot in the next election 
     for Federal office held in the State and in each subsequent 
     election for Federal office held in the State.''; and
       (2) by adding at the end the following new paragraph:
       ``(3)(A) In the case of an individual who is treated as 
     having applied for an absentee ballot in the next election 
     for Federal office held in the State and in each subsequent 
     election for Federal office held in the State under paragraph 
     (2)(F), such treatment shall remain effective until the 
     earlier of such time as--
       ``(i) the individual is no longer registered to vote in the 
     State; or
       ``(ii) the individual provides an affirmative written 
     notice revoking such treatment.
       ``(B) The treatment of an individual as having applied for 
     an absentee ballot in the next election for Federal office 
     held in the State and in each subsequent election for Federal 
     office held in the State under paragraph (2)(F) shall not be 
     revoked on the basis that the individual has not voted in an 
     election''.

     SEC. 1029. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this part (other than the amendments made 
     by section 1024) shall apply with respect to the regularly 
     scheduled general election for Federal office held in 
     November 2026 and each succeeding election for Federal 
     office.
       (b) Waiver.--If a State certifies to the Election 
     Assistance Commission not later than 180 days after the date 
     of enactment of this Act that the State will not meet the 
     deadline described in subsection (a) because it would be 
     impracticable to do so and includes in the certification the 
     reasons for the failure to meet such deadline, subsection (a) 
     shall apply to the State as if the reference in such 
     subsection to ``the regularly scheduled general election for 
     Federal office held in November 2026'' were a reference to 
     ``January 1, 2028''.

                  PART 4--SAME DAY VOTER REGISTRATION

     SEC. 1031. SAME DAY REGISTRATION.

       (a) In General.--Title III of the Help America Vote Act of 
     2002 (52 U.S.C. 21081 et seq.) is amended--
       (1) by redesignating sections 304 and 305 as sections 305 
     and 306, respectively; and
       (2) by inserting after section 303 the following new 
     section:

     ``SEC. 304. SAME DAY REGISTRATION.

       ``(a) In General.--
       ``(1) Registration.--Each State shall permit any eligible 
     individual on the day of a Federal election and on any day 
     when voting, including early voting, is permitted for a 
     Federal election--
       ``(A) to register to vote in such election at the polling 
     place using a form that meets the requirements under section 
     9(b) of the National Voter Registration Act of 1993 (or, if 
     the individual is already registered to vote, to revise any 
     of the individual's voter registration information); and
       ``(B) to cast a vote in such election.
       ``(2) Exception.--The requirements under paragraph (1) 
     shall not apply to a State in which, under a State law in 
     effect continuously on and after the date of enactment of 
     this section, there is no voter registration requirement for 
     individuals in the State with respect to elections for 
     Federal office.
       ``(b) Eligible Individual.--For purposes of this section, 
     the term `eligible individual' means, with respect to any 
     election for Federal office, an individual who is otherwise 
     qualified to vote in that election.
       ``(c) Ensuring Availability of Forms.--The State shall 
     ensure that each polling place has copies of any forms an 
     individual may be required to complete in order to register 
     to vote or revise the individual's voter registration 
     information under this section.
       ``(d) Effective Date.--
       ``(1) In general.--Subject to paragraph (2), each State 
     shall be required to comply with the requirements of this 
     section for the regularly scheduled general election for 
     Federal office occurring in November 2026 and for any 
     subsequent election for Federal office.
       ``(2) Special rules for elections before november 2028.--
       ``(A) Elections prior to november 2028 general election.--A 
     State shall be deemed to be in compliance with the 
     requirements of this section for the regularly scheduled 
     general election for Federal office occurring in November 
     2026 and subsequent elections for Federal office occurring 
     before the regularly scheduled general election for Federal 
     office in November 2028 if at least 1 location for each 
     15,000 registered voters in each jurisdiction in the State 
     meets such requirements, and such location is reasonably 
     located to serve voting populations equitably across the 
     jurisdiction.
       ``(B) November 2028 general election.--If a State certifies 
     to the Election Assistance Commission not later than November 
     7, 2028, that the State will not be in compliance with the 
     requirements of this section for the regularly scheduled 
     general election for Federal office occurring in November 
     2028 because it would be impracticable to do so and includes 
     in the certification the reasons for the failure to meet such 
     requirements, the State shall be deemed to be in compliance 
     with the requirements of this section for such election if at 
     least one location for each 15,000 registered voters in each 
     jurisdiction in the State meets such requirements, and such 
     location is reasonably located to serve voting populations 
     equitably across the jurisdiction.''.
       (b) Conforming Amendment Relating to Enforcement.--Section 
     401 of such Act (52 U.S.C. 21111) is amended by striking 
     ``sections 301, 302, and 303'' and inserting ``subtitle A of 
     title III''.
       (c) Clerical Amendments.--The table of contents of such Act 
     is amended--
       (1) by redesignating the items relating to sections 304 and 
     305 as relating to sections 305 and 306, respectively; and
       (2) by inserting after the item relating to section 303 the 
     following new item:

``Sec. 304. Same day registration.''.

     SEC. 1032. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE 
                   CONSISTENT WITH TIMING OF LEGAL PUBLIC 
                   HOLIDAYS.

       (a) In General.--Section 8(a)(1) of the National Voter 
     Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended 
     by striking ``30 days'' each place it appears and inserting 
     ``28 days''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to elections held in 2026 or any 
     succeeding year.

 PART 5--STREAMLINE VOTER REGISTRATION INFORMATION, ACCESS, AND PRIVACY

     SEC. 1041. AUTHORIZING THE DISSEMINATION OF VOTER 
                   REGISTRATION INFORMATION DISPLAYS FOLLOWING 
                   NATURALIZATION CEREMONIES.

       (a) Authorization.--The Secretary of Homeland Security 
     shall establish a process for authorizing the chief State 
     election official of a State to disseminate voter 
     registration information at the conclusion of any 
     naturalization ceremony conducted by the Department of 
     Homeland Security, its constituent agencies, or the Federal 
     judiciary.
       (b) No Effect on Other Authority.--Nothing in this section 
     shall be construed to imply that a Federal agency cannot 
     provide voter registration services beyond those minimally 
     required herein, or to imply that agencies not named may not 
     distribute voter registration information or provide voter 
     registration services up to the limits of their statutory and 
     funding authority.
       (c) Designated Voter Registration Agencies.--In any State 
     or other location in which a Federal agency is designated as 
     a voter registration agency under section 7(a)(3)(B)(ii) of 
     the National Voter Registration Act, the voter registration 
     responsibilities incurred through such designation shall 
     supersede the requirements described in this section.

     SEC. 1042. INCLUSION OF VOTER REGISTRATION INFORMATION WITH 
                   CERTAIN LEASES AND VOUCHERS FOR FEDERALLY 
                   ASSISTED RENTAL HOUSING AND MORTGAGE 
                   APPLICATIONS.

       (a) Definitions.--In this section:
       (1) Bureau.--The term ``Bureau'' means the Bureau of 
     Consumer Financial Protection.
       (2) Director.--The term ``Director'' means the Director of 
     the Bureau.
       (3) Federal rental assistance.--The term ``Federal rental 
     assistance'' means rental assistance provided under--
       (A) any covered housing program, as defined in section 
     41411(a) of the Violence

[[Page S4434]]

     Against Women Act of 1994 (34 U.S.C. 12491(a));
       (B) title V of the Housing Act of 1949 (42 U.S.C. 1471 et 
     seq.), including voucher assistance under section 542 of such 
     title (42 U.S.C. 1490r);
       (C) the Housing Trust Fund program under section 1338 of 
     the Federal Housing Enterprises Financial Safety and 
     Soundness Act of 1992 (12 U.S.C. 4588); or
       (D) subtitle C of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11381 et seq.).
       (4) Federally backed multifamily mortgage loan.--The term 
     ``federally backed multifamily mortgage loan'' includes any 
     loan (other than temporary financing such as a construction 
     loan) that--
       (A) is secured by a first or subordinate lien on 
     residential multifamily real property designed principally 
     for the occupancy of 5 or more families, including any such 
     secured loan, the proceeds of which are used to prepay or pay 
     off an existing loan secured by the same property; and
       (B) is made in whole or in part, or insured, guaranteed, 
     supplemented, or assisted in any way, by any officer or 
     agency of the Federal Government or under or in connection 
     with a housing or urban development program administered by 
     the Secretary of Housing and Urban Development or a housing 
     or related program administered by any other such officer or 
     agency, or is purchased or securitized by the Federal Home 
     Loan Mortgage Corporation or the Federal National Mortgage 
     Association.
       (5) Owner.--The term ``owner'' has the meaning given the 
     term in section 8(f) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(f)).
       (6) Public housing; public housing agency.--The terms 
     ``public housing'' and ``public housing agency'' have the 
     meanings given those terms in section 3(b) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437a(b)).
       (7) Residential mortgage loan.--The term ``residential 
     mortgage loan'' includes any loan that is secured by a first 
     or subordinate lien on residential real property, including 
     individual units of condominiums and cooperatives, designed 
     principally for the occupancy of from 1- to 4- families.
       (b) Uniform Statement.--
       (1) Development.--The Director, after consultation with the 
     Election Assistance Commission, shall develop a uniform 
     statement designed to provide recipients of the statement 
     pursuant to this section with information on how the 
     recipient can register to vote and the voting rights of the 
     recipient under law.
       (2) Responsibilities.--In developing the uniform statement, 
     the Director shall be responsible for--
       (A) establishing the format of the statement;
       (B) consumer research and testing of the statement; and
       (C) consulting with and obtaining from the Election 
     Assistance Commission the content regarding voter rights and 
     registration issues needed to ensure the statement complies 
     with the requirements of paragraph (1).
       (3) Languages.--
       (A) In general.--The uniform statement required under 
     paragraph (1) shall be developed and made available in 
     English and in each of the 10 languages most commonly spoken 
     by individuals with limited English proficiency, as 
     determined by the Director using information published by the 
     Director of the Bureau of the Census.
       (B) Publication.--The Director shall make all translated 
     versions of the uniform statement required under paragraph 
     (1) publicly available in a centralized location on the 
     website of the Bureau.
       (c) Leases and Vouchers for Federally Assisted Rental 
     Housing.--Each Federal agency administering a Federal rental 
     assistance program shall require--
       (1) each public housing agency to provide a copy of the 
     uniform statement developed pursuant to subsection (b) to 
     each lessee of a dwelling unit in public housing administered 
     by the agency--
       (A) together with the lease for the dwelling unit, at the 
     same time the lease is signed by the lessee; and
       (B) together with any income verification form, at the same 
     time the form is provided to the lessee;
       (2) each public housing agency that administers rental 
     assistance under the Housing Choice Voucher program under 
     section 8(o) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)), including the program under paragraph (13) 
     of such section 8(o), to provide a copy of the uniform 
     statement developed pursuant to subsection (b) to each 
     assisted family or individual--
       (A) together with the voucher for the assistance, at the 
     time the voucher is issued for the family or individual; and
       (B) together with any income verification form, at the time 
     the voucher is provided to the applicant or assisted family 
     or individual; and
       (3) each owner of a dwelling unit assisted with Federal 
     rental assistance to provide a copy of the uniform statement 
     developed pursuant to subsection (b) to the lessee of the 
     dwelling unit--
       (A) together with the lease for such dwelling unit, at the 
     same time the lease is signed by the lessee; and
       (B) together with any income verification form, at the same 
     time the form is provided to the applicant or tenant.
       (d) Applications for Residential Mortgage Loans.--The 
     Director shall require each creditor (within the meaning of 
     such term as used in section 1026.2(a)(17) of title 12, Code 
     of Federal Regulations) that receives an application (within 
     the meaning of such term as used in section 1026.2(a)(3)(ii) 
     of title 12, Code of Federal Regulations) to provide a copy 
     of the uniform statement developed pursuant to subsection (b) 
     in written form to the applicant for the residential mortgage 
     loan not later than 5 business days after the date of the 
     application.
       (e) Federally Backed Multifamily Mortgage Loans.--The head 
     of the Federal agency insuring, guaranteeing, supplementing, 
     or assisting a federally backed multifamily mortgage loan, or 
     the Director of the Federal Housing Finance Agency in the 
     case of a federally backed multifamily mortgage loan that is 
     purchased or securitized by the Federal Home Loan Mortgage 
     Corporation or the Federal National Mortgage Association, 
     shall require the owner of the property secured by the 
     federally backed multifamily mortgage loan to provide a copy 
     of the uniform statement developed pursuant to subsection (b) 
     in written form to each lessee of a dwelling unit assisted by 
     that loan at the time the lease is signed by the lessee.
       (f) Optional Completion of Voter Registration.--Nothing in 
     this section may be construed to require any individual to 
     complete a voter registration form.
       (g) Regulations.--The head of a Federal agency 
     administering a Federal rental assistance program, the head 
     of the Federal agency insuring, guaranteeing, supplementing, 
     or assisting a federally backed multifamily mortgage loan, 
     the Director of the Federal Housing Finance Agency, and the 
     Director may issue such regulations as may be necessary to 
     carry out this section.
       (h) No Effect on Other Authority.--Nothing in this section 
     shall be construed to imply that a Federal agency cannot 
     provide voter registration services beyond those minimally 
     required herein, or to imply that agencies not named may not 
     distribute voter registration information or provide voter 
     registration services up to the limits of their statutory and 
     funding authority.
       (i) Designated Voter Registration Agencies.--In any State 
     or other location in which a Federal agency is designated as 
     a voter registration agency under section 7(a)(3)(B)(ii) of 
     the National Voter Registration Act, the voter registration 
     responsibilities incurred through such designation shall 
     supersede the requirements described in this section.

     SEC. 1043. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM 
                   INDIVIDUALS UNDER 18 YEARS OF AGE.

       (a) Acceptance of Applications.--Section 8 of the National 
     Voter Registration Act of 1993 (52 U.S.C. 20507), as amended 
     by section 1024, is amended--
       (1) by redesignating subsection (k) as subsection (l); and
       (2) by inserting after subsection (j) the following new 
     subsection:
       ``(k) Acceptance of Applications From Individuals Under 18 
     Years of Age.--
       ``(1) In general.--A State may not refuse to accept or 
     process an individual's application to register to vote in 
     elections for Federal office on the grounds that the 
     individual is under 18 years of age at the time the 
     individual submits the application, so long as the individual 
     is at least 16 years of age at such time.
       ``(2) No effect on state voting age requirements.--Nothing 
     in paragraph (1) may be construed to require a State to 
     permit an individual who is under 18 years of age at the time 
     of an election for Federal office to vote in the election.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to elections occurring on or after 
     January 1, 2026.

     SEC. 1044. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER 
                   PRIVACY PROGRAMS.

       (a) In General.--Title III of the Help America Vote Act of 
     2002 (52 U.S.C. 21081 et seq.), as amended by section 
     1031(a), is amended--
       (1) by redesignating sections 305 and 306 as sections 306 
     and 307, respectively; and
       (2) by inserting after section 304 the following new 
     section:

     ``SEC. 305. VOTER PRIVACY PROGRAMS.

       ``(a) In General.--Each State shall establish and operate a 
     privacy program to enable victims of domestic violence, 
     dating violence, stalking, sexual assault, and trafficking to 
     have personally identifiable information that State or local 
     election officials maintain with respect to an individual 
     voter registration status for purposes of elections for 
     Federal office in the State, including addresses, be kept 
     confidential.
       ``(b) Notice.--Each State shall notify residents of that 
     State of the information that State and local election 
     officials maintain with respect to an individual voter 
     registration status for purposes of elections for Federal 
     office in the State, how that information is shared or sold 
     and with whom, what information is automatically kept 
     confidential, what information is needed to access voter 
     information online, and the privacy programs that are 
     available.
       ``(c) Public Availability.--Each State shall make 
     information about the program established under subsection 
     (a) available on a publicly accessible website.
       ``(d) Definitions.--In this section:

[[Page S4435]]

       ``(1) The terms `dating violence', `domestic violence', 
     `sexual assault', and `stalking' have the meanings given 
     those terms in section 40002 of the Violence Against Women 
     Act of 1994 (34 U.S.C. 12291).
       ``(2) The term `trafficking' means an act or practice 
     described in paragraph (11) or (12) of section 103 of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
       ``(e) Effective Date.--Each State and jurisdiction shall be 
     required to comply with the requirements of this section on 
     and after January 1, 2027.''.
       (b) Clerical Amendments.--The table of contents of such 
     Act, as amended by section 1031(c), is amended--
       (1) by redesignating the items relating to sections 305 and 
     306 as relating to sections 306 and 307, respectively; and
       (2) by inserting after the item relating to section 304 the 
     following new item:

``Sec. 305. Voter privacy programs.''.

            PART 6--FUNDING SUPPORT TO STATES FOR COMPLIANCE

     SEC. 1051. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA 
                   TO COVER COSTS OF COMPLIANCE WITH NEW 
                   REQUIREMENTS.

       (a) In General.--Section 251(b) of the Help America Vote 
     Act of 2002 (52 U.S.C. 21001(b)) is amended--
       (1) in paragraph (1), by striking ``as provided in 
     paragraphs (2) and (3)'' and inserting ``as otherwise 
     provided in this subsection''; and
       (2) by adding at the end the following new paragraph:
       ``(4) Certain voter registration activities.--
     Notwithstanding paragraph (3), a State may use a requirements 
     payment to carry out any of the requirements of the Voter 
     Registration Modernization Act of 2024, including the 
     requirements of the National Voter Registration Act of 1993 
     that are imposed pursuant to the amendments made to such Act 
     by the Voter Registration Modernization Act of 2024.''.
       (b) Conforming Amendment.--Section 254(a)(1) of such Act 
     (52 U.S.C. 21004(a)(1)) is amended by striking ``section 
     251(a)(2)'' and inserting ``section 251(b)(2)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to fiscal year 2026 and each 
     succeeding fiscal year.

     Subtitle B--Access to Voting for Individuals With Disabilities

     SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER 
                   REGISTRATION AND VOTING FOR INDIVIDUALS WITH 
                   DISABILITIES.

       (a) Requirements.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a) and section 1044(a), is amended--
       (1) by redesignating sections 306 and 307 as sections 307 
     and 308, respectively; and
       (2) by inserting after section 305 the following new 
     section:

     ``SEC. 306. ACCESS TO VOTER REGISTRATION AND VOTING FOR 
                   INDIVIDUALS WITH DISABILITIES.

       ``(a) Treatment of Applications and Ballots.--Each State 
     shall--
       ``(1) ensure that absentee registration forms, absentee 
     ballot applications, and absentee ballots that are available 
     electronically are accessible (as defined in section 307);
       ``(2) permit individuals with disabilities to use absentee 
     registration procedures and to vote by absentee ballot in 
     elections for Federal office;
       ``(3) accept and process, with respect to any election for 
     Federal office, any otherwise valid voter registration 
     application and absentee ballot application from an 
     individual with a disability if the application is received 
     by the appropriate State election official within the 
     deadline for the election which is applicable under Federal 
     law;
       ``(4) in addition to any other method of registering to 
     vote or applying for an absentee ballot in the State, 
     establish procedures--
       ``(A) for individuals with disabilities to request by mail 
     and electronically voter registration applications and 
     absentee ballot applications with respect to elections for 
     Federal office in accordance with subsection (c);
       ``(B) for States to send by mail and electronically (in 
     accordance with the preferred method of transmission 
     designated by the individual under subparagraph (C)) voter 
     registration applications and absentee ballot applications 
     requested under subparagraph (A) in accordance with 
     subsection (c)); and
       ``(C) by which such an individual can designate whether the 
     individual prefers that such voter registration application 
     or absentee ballot application be transmitted by mail or 
     electronically;
       ``(5) in addition to any other method of transmitting blank 
     absentee ballots in the State, establish procedures for 
     transmitting by mail and electronically blank absentee 
     ballots to individuals with disabilities with respect to 
     elections for Federal office in accordance with subsection 
     (d); and
       ``(6) if the State declares or otherwise holds a runoff 
     election for Federal office, establish a written plan that 
     provides absentee ballots are made available to individuals 
     with disabilities in a manner that gives them sufficient time 
     to vote in the runoff election.
       ``(b) Designation of Single State Office to Provide 
     Information on Registration and Absentee Ballot Procedures 
     for Voters With Disabilities in State.--
       ``(1) In general.--Each State shall designate a single 
     office that shall be responsible for providing information 
     regarding voter registration procedures, absentee ballot 
     procedures, and in-person voting procedures to be used by 
     individuals with disabilities with respect to elections for 
     Federal office to all individuals with disabilities who wish 
     to register to vote or vote in any jurisdiction in the State.
       ``(2) Responsibilities.--Each State shall, through the 
     office designated under paragraph (1)--
       ``(A) provide information to election officials--
       ``(i) on how to set up and operate accessible voting 
     systems; and
       ``(ii) regarding the accessibility of voting procedures, 
     including guidance on compatibility with assistive 
     technologies such as screen readers and ballot marking 
     devices;
       ``(B) integrate information on accessibility, 
     accommodations, disability, and older individuals into 
     regular training materials for poll workers and election 
     administration officials;
       ``(C) train poll workers on how to make polling places 
     accessible for individuals with disabilities and older 
     individuals;
       ``(D) promote the hiring of individuals with disabilities 
     and older individuals as poll workers and election staff; and
       ``(E) publicly post the results of any audits to determine 
     the accessibility of polling places not later than 6 months 
     after the completion of the audit.
       ``(c) Designation of Means of Electronic Communication for 
     Individuals With Disabilities to Request and for States to 
     Send Voter Registration Applications and Absentee Ballot 
     Applications, and for Other Purposes Related to Voting 
     Information.--
       ``(1) In general.--Each State shall, in addition to the 
     designation of a single State office under subsection (b), 
     designate not less than 1 means of accessible electronic 
     communication--
       ``(A) for use by individuals with disabilities who wish to 
     register to vote or vote in any jurisdiction in the State to 
     request voter registration applications and absentee ballot 
     applications under subsection (a)(4);
       ``(B) for use by States to send voter registration 
     applications and absentee ballot applications requested under 
     such subsection; and
       ``(C) for the purpose of providing related voting, 
     balloting, and election information to individuals with 
     disabilities.
       ``(2) Clarification regarding provision of multiple means 
     of electronic communication.--A State may, in addition to the 
     means of electronic communication so designated, provide 
     multiple means of electronic communication to individuals 
     with disabilities, including a means of electronic 
     communication for the appropriate jurisdiction of the State.
       ``(3) Inclusion of designated means of electronic 
     communication with informational and instructional materials 
     that accompany balloting materials.--Each State shall include 
     a means of electronic communication so designated with all 
     informational and instructional materials that accompany 
     balloting materials sent by the State to individuals with 
     disabilities.
       ``(4) Transmission if no preference indicated.--In the case 
     in which an individual with a disability does not designate a 
     preference under subsection (a)(4)(C), the State shall 
     transmit the voter registration application or absentee 
     ballot application by any delivery method allowable in 
     accordance with applicable State law, or if there is no 
     applicable State law, by mail.
       ``(d) Transmission of Blank Absentee Ballots by Mail and 
     Electronically.--
       ``(1) In general.--Each State shall establish procedures--
       ``(A) to securely transmit blank absentee ballots by mail 
     and electronically (in accordance with the preferred method 
     of transmission designated by the individual with a 
     disability under subparagraph (B)) to individuals with 
     disabilities for an election for Federal office; and
       ``(B) by which the individual with a disability can 
     designate whether the individual prefers that such blank 
     absentee ballot be transmitted by mail or electronically.
       ``(2) Transmission if no preference indicated.--In the case 
     where an individual with a disability does not designate a 
     preference under paragraph (1)(B), the State shall transmit 
     the ballot by any delivery method allowable in accordance 
     with applicable State law, or if there is no applicable State 
     law, by mail.
       ``(3) Application of methods to track delivery to and 
     return of ballot by individual requesting ballot.--Under the 
     procedures established under paragraph (1), the State shall 
     apply such methods as the State considers appropriate, such 
     as assigning a unique identifier to the ballot envelope, to 
     ensure that if an individual with a disability requests the 
     State to transmit a blank absentee ballot to the individual 
     in accordance with this subsection, the voted absentee ballot 
     that is returned by the individual is the same blank absentee 
     ballot that the State transmitted to the individual.
       ``(e) Individual With a Disability Defined.--In this 
     section, an `individual with a disability' means an 
     individual with an impairment that substantially limits any 
     major life activities and who is otherwise qualified to vote 
     in elections for Federal office.

[[Page S4436]]

       ``(f) Effective Date.--This section shall apply with 
     respect to elections for Federal office held on or after 
     January 1, 2026.''.
       (b) Conforming Amendment Relating to Issuance of Voluntary 
     Guidance by Election Assistance Commission.--
       (1) Timing of issuance.--Section 311(b) of such Act (52 
     U.S.C. 21101(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (2);
       (B) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(4) in the case of the recommendations with respect to 
     section 306, January 1, 2026.''.
       (2) Redesignation.--
       (A) In general.--Title III of such Act (52 U.S.C. 21081 et 
     seq.) is amended by redesignating sections 311 and 312 as 
     sections 321 and 322, respectively.
       (B) Conforming amendment.--Section 321(a) of such Act, as 
     redesignated by subparagraph (A), is amended by striking 
     ``section 312'' and inserting ``section 322''.
       (c) Clerical Amendments.--The table of contents of such 
     Act, as amended by section 1031(c) and section 1044(b), is 
     amended--
       (1) by redesignating the items relating to sections 306 and 
     307 as relating to sections 307 and 308, respectively; and
       (2) by inserting after the item relating to section 305 the 
     following new item:

``Sec. 306. Access to voter registration and voting for individuals 
              with disabilities.''.

     SEC. 1102. ESTABLISHMENT AND MAINTENANCE OF STATE ACCESSIBLE 
                   ELECTION WEBSITES.

       (a) In General.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a), section 1044(a), and section 
     1101(a), is amended--
       (1) by redesignating sections 307 and 308 as sections 308 
     and 309, respectively; and
       (2) by inserting after section 306 the following:

     ``SEC. 307. ESTABLISHMENT AND MAINTENANCE OF ACCESSIBLE 
                   ELECTION WEBSITES.

       ``(a) In General.--Not later than January 1, 2027, each 
     State shall establish a single election website that is 
     accessible and meets the following requirements:
       ``(1) Local election officials.--The website shall provide 
     local election officials, poll workers, and volunteers with--
       ``(A) guidance to ensure that polling places are accessible 
     for individuals with disabilities and older individuals in a 
     manner that provides the same opportunity for access and 
     participation (including privacy and independence) as for 
     other voters; and
       ``(B) online training and resources on--
       ``(i) how best to promote the access and participation of 
     individuals with disabilities and older individuals in 
     elections for public office; and
       ``(ii) the voting rights and protections for individuals 
     with disabilities and older individuals under State and 
     Federal law.
       ``(2) Voters.--The website shall provide information about 
     voting, including--
       ``(A) the accessibility of all polling places within the 
     State, including outreach programs to inform individuals 
     about the availability of accessible polling places;
       ``(B) how to register to vote and confirm voter 
     registration in the State;
       ``(C) the location and operating hours of all polling 
     places in the State;
       ``(D) the availability of aid or assistance for individuals 
     with disabilities and older individuals to cast their vote in 
     a manner that provides the same opportunity for access and 
     participation (including privacy and independence) as for 
     other voters at polling places;
       ``(E) the availability of transportation aid or assistance 
     to the polling place for individuals with disabilities or 
     older individuals;
       ``(F) the rights and protections under State and Federal 
     law for individuals with disabilities and older individuals 
     to participate in elections; and
       ``(G) how to contact State, local, and Federal officials 
     with complaints or grievances if individuals with 
     disabilities, older individuals, Native Americans, Alaska 
     Natives, and individuals with limited proficiency in the 
     English language feel their ability to register to vote or 
     vote has been blocked or delayed.
       ``(b) Partnership With Outside Technical Organization.--The 
     chief State election official of each State, through the 
     committee of appropriate individuals under subsection (c)(2), 
     shall partner with an outside technical organization with 
     demonstrated experience in establishing accessible and easy 
     to use accessible election websites to--
       ``(1) update an existing election website of the State to 
     make the website fully accessible in accordance with this 
     section; or
       ``(2) develop an election website of the State that is 
     fully accessible in accordance with this section.
       ``(c) State Plan.--
       ``(1) Development.--The chief State election official of 
     each State shall, through a committee of appropriate 
     individuals as described in paragraph (2), develop a State 
     plan that describes how the State and local governments will 
     meet the requirements under this section.
       ``(2) Committee membership.--The committee shall comprise 
     at least the following individuals:
       ``(A) The chief election officials of the 4 most populous 
     jurisdictions within the State.
       ``(B) The chief election officials of the 4 least populous 
     jurisdictions within the State.
       ``(C) Representatives from 2 disability advocacy groups, 
     including not fewer than 1 such representative who is an 
     individual with a disability.
       ``(D) Representatives from 2 older individual advocacy 
     groups, including not fewer than 1 such representative who is 
     an older individual.
       ``(E) Representatives from 2 independent non-governmental 
     organizations with expertise in establishing and maintaining 
     accessible websites.
       ``(F) Representatives from 2 independent non-governmental 
     voting rights organizations.
       ``(G) Representatives from State protection and advocacy 
     systems, as defined in section 102 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15002).
       ``(d) Partnership to Monitor and Verify Accessibility.--The 
     chief State election official of each eligible State, through 
     the committee of appropriate individuals established under 
     subsection (c)(2), shall partner with not fewer than 2 of the 
     following organizations to monitor and verify the 
     accessibility of the election website of the State and the 
     completeness of the election information and the accuracy of 
     the disability information provided on such website:
       ``(1) University Centers for Excellence in Developmental 
     Disabilities Education, Research, and Services established 
     under subtitle D of title I of the Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et 
     seq.).
       ``(2) Centers for independent living, as described in part 
     C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 
     796f et seq.).
       ``(3) The State Council on Developmental Disabilities 
     established under section 125 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15025).
       ``(4) State protection and advocacy systems, as defined in 
     section 102 of the Developmental Disabilities Assistance and 
     Bill of Rights Act of 2000 (42 U.S.C. 15002).
       ``(5) Statewide Independent Living Councils established 
     under section 705 of the Rehabilitation Act of 1973 (29 
     U.S.C. 796d).
       ``(6) State programs established under the Assistive 
     Technology Act of 1998 (29 U.S.C. 3001 et seq.).
       ``(7) A visual access advocacy organization.
       ``(8) An organization for the deaf.
       ``(9) A mental health organization.
       ``(e) Definitions.--For purposes of this section, section 
     305, and section 307:
       ``(1) Accessible.--The term `accessible' means--
       ``(A) in the case of the election website under subsection 
     (a) or an electronic communication under section 305--
       ``(i) that the functions and content of the website or 
     electronic communication, including all text, visual, and 
     aural content, are as accessible to people with disabilities 
     as to those without disabilities;
       ``(ii) that the functions and content of the website or 
     electronic communication are accessible to individuals with 
     limited proficiency in the English language; and
       ``(iii) that the website or electronic communication meets, 
     at a minimum, conformance to Level AA of the Web Content 
     Accessibility Guidelines 2.0 of the Web Accessibility 
     Initiative (or any successor guidelines); and
       ``(B) in the case of a facility (including a polling 
     place), that the facility is readily accessible to and usable 
     by individuals with disabilities and older individuals, as 
     determined under the 2010 ADA Standards for Accessible Design 
     of the Department of Justice, published on September 15, 2010 
     (or any successor standards).
       ``(2) Individual with a disability.--The term `individual 
     with a disability' means an individual with a disability, as 
     defined in section 3 of the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12102), and who is otherwise qualified to 
     vote in elections for Federal office.
       ``(3) Older individual.--The term `older individual' means 
     an individual who is 60 years of age or older and who is 
     otherwise qualified to vote in elections for Federal 
     office.''.
       (b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 
     U.S.C. 21101(b)), as added and redesignated by section 
     1101(b), is amended by striking ``section 306'' and inserting 
     ``sections 306 and 307''.
       (c) Clerical Amendments.--The table of contents of such 
     Act, as amended by section 1031(c), section 1044(b), and 
     section 1101(c), is amended--
       (1) by redesignating the items relating to sections 307 and 
     308 as relating to sections 308 and 309, respectively; and
       (2) by inserting after the item relating to section 306 the 
     following new item:

``Sec. 307. Establishment and maintenance of accessible election 
              websites.''.

     SEC. 1103. PROTECTIONS FOR IN-PERSON VOTING FOR INDIVIDUALS 
                   WITH DISABILITIES AND OLDER INDIVIDUALS.

       (a) Requirement.--
       (1) In general.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a), section 1044(a), section 1101(a), 
     and section 1102(a), is amended--
       (A) by redesignating sections 308 and 309 as sections 309 
     and 310, respectively; and

[[Page S4437]]

       (B) by inserting after section 307 the following:

     ``SEC. 308. ACCESS TO VOTING FOR INDIVIDUALS WITH 
                   DISABILITIES AND OLDER INDIVIDUALS.

       ``(a) In General.--Each State shall--
       ``(1) ensure all polling places within the State are 
     accessible, as defined in section 306;
       ``(2) consider procedures to address long wait times at 
     polling places that allow individuals with disabilities and 
     older individuals alternate options to cast a ballot in 
     person in an election for Federal office, such as the option 
     to cast a ballot outside of the polling place or from a 
     vehicle, or providing an expedited voting line; and
       ``(3) consider options to establish mobile polling sites to 
     allow election officials or volunteers to travel to long-term 
     care facilities and assist residents who request assistance 
     in casting a ballot in order to maintain the privacy and 
     independence of voters in those facilities.
       ``(b) Clarification.--Nothing in this section shall be 
     construed to alter the requirements under Federal law that 
     all polling places for Federal elections are accessible to 
     individuals with disabilities and older individuals.
       ``(c) Effective Date.--This section shall apply with 
     respect to elections for Federal office held on or after 
     January 1, 2028.''.
       (2) Voluntary guidance.--Section 321(b)(4) of such Act (52 
     U.S.C. 21101(b)), as added and redesignated by section 
     1101(b) and as amended by section 1102(b), is amended by 
     striking ``and 307'' and inserting ``, 307, and 308''.
       (3) Clerical amendments.--The table of contents of such 
     Act, as amended by section 1031(c), section 1044(b), section 
     1101(c), and section 1102(c), is amended--
       (A) by redesignating the items relating to sections 308 and 
     309 as relating to sections 309 and 310, respectively; and
       (B) by inserting after the item relating to section 307 the 
     following new item:

``Sec. 308. Access to voting for individuals with disabilities and 
              older individuals.''.
       (b) Revisions to Voting Accessibility for the Elderly and 
     Handicapped Act.--
       (1) Reports to election assistance commission.--Section 
     3(c) of the Voting Accessibility for the Elderly and 
     Handicapped Act (52 U.S.C. 20102(c)) is amended--
       (A) in the subsection heading, by striking ``Federal 
     Election Commission'' and inserting ``Election Assistance 
     Commission'';
       (B) in each of paragraphs (1) and (2), by striking 
     ``Federal Election Commission'' and inserting ``Election 
     Assistance Commission''; and
       (C) by striking paragraph (3).
       (2) Conforming amendments relating to references.--The 
     Voting Accessibility for the Elderly and Handicapped Act (52 
     U.S.C. 20101 et seq.), as amended by paragraph (1), is 
     amended--
       (A) by striking ``handicapped and elderly individuals'' 
     each place it appears and inserting ``individuals with 
     disabilities and older individuals'';
       (B) by striking ``handicapped and elderly voters'' each 
     place it appears and inserting ``individuals with 
     disabilities and older individuals'';
       (C) in section 3(b)(2)(B), by striking ``handicapped or 
     elderly voter'' and inserting ``individual with a disability 
     or older individual'';
       (D) in section 5(b), by striking ``handicapped voter'' and 
     inserting ``individual with a disability''; and
       (E) in section 8--
       (i) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) `accessible' has the meaning given that term in 
     section 307 of the Help America Vote Act of 2002, as added by 
     section 1102(a) of the Freedom to Vote Act;
       ``(2) `older individual' has the meaning given that term in 
     such section 307;''; and
       (ii) by striking paragraph (4), and inserting the 
     following:
       ``(4) `individual with a disability' has the meaning given 
     that term in such section 306; and''.
       (3) Short title amendment.--
       (A) In general.--Section 1 of the Voting Accessibility for 
     the Elderly and Handicapped Act (Public Law 98-435; 42 U.S.C. 
     1973ee note) is amended by striking ``for the Elderly and 
     Handicapped'' and inserting ``for Individuals with 
     Disabilities and Older Individuals''.
       (B) References.--Any reference in any other provision of 
     law, regulation, document, paper, or other record of the 
     United States to the ``Voting Accessibility for the Elderly 
     and Handicapped Act'' shall be deemed to be a reference to 
     the ``Voting Accessibility for Individuals with Disabilities 
     and Older Individuals Act''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2028, and shall apply with 
     respect to elections for Federal office held on or after that 
     date.

     SEC. 1104. PROTECTIONS FOR INDIVIDUALS SUBJECT TO 
                   GUARDIANSHIP.

       (a) In General.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a), section 1044(a), section 1101(a), 
     section 1102(a), and section 1103(a)(1), is amended--
       (1) by redesignating sections 309 and 310 as sections 310 
     and 311, respectively; and
       (2) by inserting after section 308 the following:

     ``SEC. 309. PROTECTIONS FOR INDIVIDUALS SUBJECT TO 
                   GUARDIANSHIP.

       ``(a) In General.--A State shall not determine that an 
     individual lacks the capacity to vote in an election for 
     Federal office on the ground that the individual is subject 
     to guardianship, unless a court of competent jurisdiction 
     issues a court order finding by clear and convincing evidence 
     that the individual cannot communicate, with or without 
     accommodations, a desire to participate in the voting 
     process.
       ``(b) Effective Date.--This section shall apply with 
     respect to elections for Federal office held on or after 
     January 1, 2026.''.
       (b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 
     U.S.C. 21101(b)), as added and redesignated by section 
     1101(b) and as amended by sections 1102 and 1103, is amended 
     by striking ``and 308'' and inserting ``308, and 309''.
       (c) Clerical Amendments.--The table of contents of such 
     Act, as amended by section 1031(c), section 1044(b), section 
     1101(c), section 1102(c), and section 1103(a)(3), is 
     amended--
       (1) by redesignating the items relating to sections 309 and 
     310 as relating to sections 310 and 311, respectively; and
       (2) by inserting after the item relating to section 308 the 
     following new item:

``Sec. 309. Protections for individuals subject to guardianship.''.

     SEC. 1105. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO 
                   ASSURE VOTING ACCESS FOR INDIVIDUALS WITH 
                   DISABILITIES.

       (a) Purposes of Payments.--Section 261(b) of the Help 
     America Vote Act of 2002 (52 U.S.C. 21021(b)) is amended by 
     striking paragraphs (1) and (2) and inserting the following:
       ``(1) making absentee voting and voting at home accessible 
     to individuals with the full range of disabilities (including 
     impairments involving vision, hearing, mobility, or 
     dexterity) through the implementation of accessible absentee 
     voting systems that work in conjunction with assistive 
     technologies for which individuals have access at their 
     homes, independent living centers, or other facilities;
       ``(2) making polling places, including the path of travel, 
     entrances, exits, and voting areas of each polling facility, 
     accessible to individuals with disabilities, including the 
     blind and visually impaired, in a manner that provides the 
     same opportunity for access and participation (including 
     privacy and independence) as for other voters; and
       ``(3) providing solutions to problems of access to voting 
     and elections for individuals with disabilities that are 
     universally designed and provide the same opportunities for 
     individuals with and without disabilities.''.
       (b) Reauthorization.--Section 264(a) of such Act (52 U.S.C. 
     21024(a)) is amended by adding at the end the following new 
     paragraph:
       ``(4) For fiscal year 2026 and each succeeding fiscal year, 
     such sums as may be necessary to carry out this part.''.
       (c) Period of Availability of Funds.--Section 264 of such 
     Act (52 U.S.C. 21024) is amended--
       (1) in subsection (b), by striking ``Any amounts'' and 
     inserting ``Except as provided in subsection (c), any 
     amounts''; and
       (2) by adding at the end the following new subsection:
       ``(c) Return and Transfer of Certain Funds.--
       ``(1) Deadline for obligation and expenditure.--In the case 
     of any amounts appropriated pursuant to the authority of 
     subsection (a) for a payment to a State or unit of local 
     government for fiscal year 2026 or any succeeding fiscal 
     year, any portion of such amounts which have not been 
     obligated or expended by the State or unit of local 
     government prior to the expiration of the 4-year period that 
     begins on the date the State or unit of local government 
     first received the amounts shall be transferred to the 
     Commission.
       ``(2) Reallocation of transferred amounts.--
       ``(A) In general.--The Commission shall use the amounts 
     transferred under paragraph (1) to make payments on a pro 
     rata basis to each covered payment recipient described in 
     subparagraph (B), which may obligate and expend such payment 
     for the purposes described in section 261(b) during the 1-
     year period which begins on the date of receipt.
       ``(B) Covered payment recipients described.--In 
     subparagraph (A), a `covered payment recipient' is a State or 
     unit of local government with respect to which--
       ``(i) amounts were appropriated pursuant to the authority 
     of subsection (a); and
       ``(ii) no amounts were transferred to the Commission under 
     paragraph (1).''.

     SEC. 1106. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH 
                   DISABILITIES TO REGISTER TO VOTE PRIVATELY AND 
                   INDEPENDENTLY AT RESIDENCES.

       (a) Establishment of Pilot Programs.--The Election 
     Assistance Commission (hereafter referred to as the 
     ``Commission'') shall, subject to the availability of 
     appropriations to carry out this section, make grants to 
     eligible States to conduct pilot programs under which 
     individuals with disabilities may use electronic means 
     (including the internet and telephones utilizing assistive 
     devices) to register to vote and to request and receive 
     absentee ballots in a manner which permits such individuals 
     to do so privately and independently at their own residences.
       (b) Reports.--
       (1) In general.--A State receiving a grant for a year under 
     this section shall submit a

[[Page S4438]]

     report to the Commission on the pilot programs the State 
     carried out with the grant with respect to elections for 
     public office held in the State during the year.
       (2) Deadline.--A State shall submit a report under 
     paragraph (1) not later than 90 days after the last election 
     for public office held in the State during the year.
       (c) Eligibility.--A State is eligible to receive a grant 
     under this section if the State submits to the Commission, at 
     such time and in such form as the Commission may require, an 
     application containing such information and assurances as the 
     Commission may require.
       (d) Timing.--The Commission shall make the first grants 
     under this section for pilot programs which will be in effect 
     with respect to elections for Federal office held in 2026, 
     or, at the option of a State, with respect to other elections 
     for public office held in the State in 2026.
       (e) State Defined.--In this section, the term ``State'' 
     includes the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, American Samoa, the United States Virgin Islands, 
     and the Commonwealth of the Northern Mariana Islands.

     SEC. 1107. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR 
                   INDIVIDUALS WITH DISABILITIES.

       (a) Analysis.--The Comptroller General of the United States 
     shall conduct an analysis after each regularly scheduled 
     general election for Federal office with respect to the 
     following:
       (1) In relation to polling places located in houses of 
     worship or other facilities that may be exempt from 
     accessibility requirements under the Americans with 
     Disabilities Act--
       (A) efforts to overcome accessibility challenges posed by 
     such facilities; and
       (B) the extent to which such facilities are used as polling 
     places in elections for Federal office.
       (2) Assistance provided by the Election Assistance 
     Commission, Department of Justice, or other Federal agencies 
     to help State and local officials improve voting access for 
     individuals with disabilities during elections for Federal 
     office.
       (3) When accessible voting machines are available at a 
     polling place, the extent to which such machines--
       (A) are located in places that are difficult to access;
       (B) malfunction; or
       (C) fail to provide sufficient privacy to ensure that the 
     ballot of the individual cannot be seen by another 
     individual.
       (4) The process by which Federal, State, and local 
     governments track compliance with accessibility requirements 
     related to voting access, including methods to receive and 
     address complaints.
       (5) The extent to which poll workers receive training on 
     how to assist individuals with disabilities, including the 
     receipt by such poll workers of information on legal 
     requirements related to voting rights for individuals with 
     disabilities.
       (6) The extent and effectiveness of training provided to 
     poll workers on the operation of accessible voting machines.
       (7) The extent to which individuals with a developmental or 
     psychiatric disability experience greater barriers to voting, 
     and whether poll worker training adequately addresses the 
     needs of such individuals.
       (8) The extent to which State or local governments employ, 
     or attempt to employ, individuals with disabilities to work 
     at polling sites.
       (b) Report.--
       (1) In general.--Not later than 9 months after the date of 
     a regularly scheduled general election for Federal office, 
     the Comptroller General shall submit to the appropriate 
     congressional committees a report with respect to the most 
     recent regularly scheduled general election for Federal 
     office that contains the following:
       (A) The analysis required by subsection (a).
       (B) Recommendations, as appropriate, to promote the use of 
     best practices used by State and local officials to address 
     barriers to accessibility and privacy concerns for 
     individuals with disabilities in elections for Federal 
     office.
       (2) Appropriate congressional committees.--For purposes of 
     this subsection, the term ``appropriate congressional 
     committees'' means--
       (A) the Committee on House Administration of the House of 
     Representatives;
       (B) the Committee on Rules and Administration of the 
     Senate;
       (C) the Committee on Appropriations of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the Senate.

                        Subtitle C--Early Voting

     SEC. 1201. EARLY VOTING.

       (a) Requirements.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a), section 1044(a), section 1101(a), 
     section 1102(a), section 1103(a), and section 1104(a), is 
     amended--
       (1) by redesignating sections 310 and 311 as sections 311 
     and 312, respectively; and
       (2) by inserting after section 309 the following new 
     section:

     ``SEC. 310. EARLY VOTING.

       ``(a) Requiring Voting Prior to Date of Election.--Each 
     election jurisdiction shall allow individuals to vote in an 
     election for Federal office during an early voting period 
     which occurs prior to the date of the election, in a manner 
     that allows the individual to receive, complete, and cast 
     their ballot in-person.
       ``(b) Minimum Early Voting Requirements.--
       ``(1) In general.--
       ``(A) Length of period.--The early voting period required 
     under this subsection with respect to an election shall 
     consist of a period of consecutive days (including weekends) 
     which begins on the 15th day before the date of the election 
     (or, at the option of the State, on a day prior to the 15th 
     day before the date of the election) and ends no earlier than 
     the second day before the date of the election.
       ``(B) Hours for early voting.--Each polling place which 
     allows voting during an early voting period under 
     subparagraph (A) shall--
       ``(i) allow such voting for no less than 10 hours on each 
     day during the period;
       ``(ii) have uniform hours each day for which such voting 
     occurs; and
       ``(iii) allow such voting to be held for some period of 
     time prior to 9:00 a.m. (local time) and some period of time 
     after 5:00 p.m. (local time).
       ``(2) Requirements for vote-by-mail jurisdictions.--In the 
     case of a jurisdiction that sends every registered voter a 
     ballot by mail--
       ``(A) paragraph (1) shall not apply;
       ``(B) such jurisdiction shall allow eligible individuals to 
     vote during an early voting period that ensures voters are 
     provided the greatest opportunity to cast ballots ahead of 
     Election Day and which includes at least one consecutive 
     Saturday and Sunday; and
       ``(C) each polling place which allows voting during an 
     early voting period under subparagraph (B) shall allow such 
     voting--
       ``(i) during the election office's regular business hours; 
     and
       ``(ii) for a period of not less than 8 hours on Saturdays 
     and Sundays included in the early voting period.
       ``(3) Requirements for small jurisdictions.--
       ``(A) In general.--In the case of a jurisdiction described 
     in subparagraph (B), paragraph (1)(B) shall not apply so long 
     as all eligible individuals in the jurisdiction have the 
     opportunity to vote--
       ``(i) at each polling place which allows voting during the 
     early voting period described in paragraph (1)(A)--

       ``(I) during the election office's regular business hours; 
     and
       ``(II) for a period of not less than 8 hours on at least 
     one Saturday and at least one Sunday included in the early 
     voting period; or

       ``(ii) at 1 or more polling places in the county in which 
     such jurisdiction is located that allows voting during the 
     early voting period described in paragraph (1)(A) in 
     accordance with the requirements under paragraph (1)(B).
       ``(B) Jurisdiction described.--A jurisdiction is described 
     in this subparagraph if such jurisdiction--
       ``(i) had less than 3,000 registered voters at the time of 
     the most recent prior election for Federal office; and
       ``(ii) consists of a geographic area that is smaller than 
     the jurisdiction of the county in which such jurisdiction is 
     located.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed--
       ``(A) to limit the availability of additional temporary 
     voting sites which provide voters more opportunities to cast 
     their ballots but which do not meet the requirements of this 
     subsection;
       ``(B) to limit a polling place from being open for 
     additional hours outside of the uniform hours set for the 
     polling location on any day of the early voting period; or
       ``(C) to limit a State or jurisdiction from offering early 
     voting on the Monday before Election Day.
       ``(c) Availability of Polling Places.--To the greatest 
     extent practicable, each State and jurisdiction shall--
       ``(1) ensure that there are an appropriate number of 
     polling places which allow voting during an early voting 
     period; and
       ``(2) ensure that such polling places provide the greatest 
     opportunity for residents of the jurisdiction to vote.
       ``(d) Location of Polling Places.--
       ``(1) Proximity to public transportation.--To the greatest 
     extent practicable, each State and jurisdiction shall ensure 
     that each polling place which allows voting during an early 
     voting period under subsection (b) is located within walking 
     distance of a stop on a public transportation route.
       ``(2) Availability in rural areas.--In the case of a 
     jurisdiction that includes a rural area, the State or 
     jurisdiction shall--
       ``(A) ensure that an appropriate number of polling places, 
     but not less than 1, that allow voting during an early voting 
     period under subsection (b) will be located in such rural 
     areas; and
       ``(B) ensure that such polling places are located in 
     communities which will provide the greatest opportunity for 
     residents of rural areas to vote during the early voting 
     period.
       ``(3) Campuses of institutions of higher education.--In the 
     case of a jurisdiction that is not considered a vote by mail 
     jurisdiction described in subsection (b)(2) or a small 
     jurisdiction described in subsection (b)(3) and that includes 
     an institution of higher education (as defined under section 
     102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), 
     including a branch campus of such an institution, the State 
     or jurisdiction shall--
       ``(A) ensure that an appropriate number of polling places, 
     but not less than 1, that allow

[[Page S4439]]

     voting during the early voting period under subsection (b) 
     will be located on the physical campus of each such 
     institution, including each such branch campus; and
       ``(B) ensure that such polling places provide the greatest 
     opportunity for residents of the jurisdiction to vote.
       ``(e) Standards.--Not later than June 30, 2026, the 
     Commission shall issue voluntary standards for the 
     administration of voting during voting periods which occur 
     prior to the date of a Federal election. Subject to 
     subsection (d), such voluntary standards shall include the 
     nondiscriminatory geographic placement of polling places at 
     which such voting occurs.
       ``(f) Ballot Processing and Scanning Requirements.--
       ``(1) In general.--Each State or jurisdiction shall begin 
     processing and scanning ballots cast during in-person early 
     voting for tabulation not later than the date that is 14 days 
     prior to the date of the election involved, except that a 
     State or jurisdiction may begin processing and scanning 
     ballots cast during in-person early voting for tabulation 
     after such date if the date on which the State or 
     jurisdiction begins such processing and scanning ensures, to 
     the greatest extent practical, that ballots cast before the 
     date of the election are processed and scanned before the 
     date of the election.
       ``(2) Limitation.--Nothing in this subsection shall be 
     construed--
       ``(A) to permit a State or jurisdiction to tabulate ballots 
     in an election before the closing of the polls on the date of 
     the election unless such tabulation is a necessary component 
     of preprocessing in the State or jurisdiction and is 
     performed in accordance with existing State law; or
       ``(B) to permit an official to make public any results of 
     tabulation and processing before the closing of the polls on 
     the date of the election.
       ``(g) Effective Date.--This section shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2026 and each succeeding 
     election for Federal office.''.
       (b) Conforming Amendments Relating to Issuance of Voluntary 
     Guidance by Election Assistance Commission.--Section 321(b) 
     of such Act (52 U.S.C. 21101(b)), as redesignated and amended 
     by section 1101(b), is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(5) except as provided in paragraph (4), in the case of 
     the recommendations with respect to any section added by the 
     Freedom to Vote Act, June 30, 2026.''.
       (c) Clerical Amendments.--The table of contents of such 
     Act, as amended by section 1031(c), section 1044(b), section 
     1101(c), section 1102(c), section 1103(a), and section 
     1104(c), is amended--
       (1) by redesignating the items relating to sections 310 and 
     311 as relating to sections 311 and 312, respectively; and
       (2) by inserting after the item relating to section 309 the 
     following new item:

``Sec. 310. Early voting.''.

                       Subtitle D--Voting by Mail

     SEC. 1301. VOTING BY MAIL.

       (a) In General.--
       (1) Requirements.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a), section 1044(a), section 1101(a), 
     section 1102(a), section 1103(a), section 1104(a), and 
     section 1201(a), is amended--
       (A) by redesignating sections 311 and 312 as sections 312 
     and 313, respectively; and
       (B) by inserting after section 310 the following new 
     section:

     ``SEC. 311. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.

       ``(a) Uniform Availability of Absentee Voting to All 
     Voters.--
       ``(1) In general.--If an individual in a State is eligible 
     to cast a vote in an election for Federal office, the State 
     may not impose any additional conditions or requirements on 
     the eligibility of the individual to cast the vote in such 
     election by absentee ballot by mail.
       ``(2) Administration of voting by mail.--
       ``(A) Prohibiting identification requirement as condition 
     of obtaining or casting ballot.--A State may not require an 
     individual to submit any form of identifying document as a 
     condition of obtaining or casting an absentee ballot, except 
     that nothing in this subparagraph may be construed to prevent 
     a State from requiring--
       ``(i) the information required to complete an application 
     for voter registration for an election for Federal office 
     under section 303(a)(5)(A), provided that a State may not 
     deny a voter a ballot or the opportunity to cast it on the 
     grounds that the voter does not possess a current and valid 
     driver's license number or a social security number; or
       ``(ii) a signature of the individual or similar affirmation 
     as a condition of obtaining or casting an absentee ballot.
       ``(B) Prohibiting faulty matching requirements for 
     identifying information.--A State may not deny a voter an 
     absentee ballot or reject an absentee ballot cast by a 
     voter--
       ``(i) on the grounds that the voter provided a different 
     form of identifying information under subparagraph (A) than 
     the voter originally provided when registering to vote or 
     when requesting an absentee ballot; or
       ``(ii) due to an error in, or omission of, identifying 
     information required by a State under subparagraph (A), if 
     such error or omission is not material to an individual's 
     eligibility to vote under section 2004(a)(2)(B) of the 
     Revised Statutes (52 U.S.C. 10101(a)(2)(B)).
       ``(C) Prohibiting requirement to provide notarization or 
     witness signature as condition of obtaining or casting 
     ballot.--A State may not require notarization or witness 
     signature or other formal authentication (other than voter 
     attestation) as a condition of obtaining or casting an 
     absentee ballot, except that nothing in this subparagraph may 
     be construed to prohibit a State from enforcing a law which 
     has a witness signature requirement for a ballot where a 
     voter oath is attested to with a mark rather than a voter's 
     signature.
       ``(3) No effect on identification requirements for first-
     time voters registering by mail.--Nothing in this subsection 
     may be construed to exempt any individual described in 
     paragraph (1) of section 303(b) from meeting the requirements 
     of paragraph (2) of such section or to exempt an individual 
     described in paragraph (5)(A) of section 303(b) from meeting 
     the requirements of paragraph (5)(B).
       ``(b) Due Process Requirements for States Requiring 
     Signature Verification.--
       ``(1) Requirement.--
       ``(A) In general.--A State may not impose a signature 
     verification requirement as a condition of accepting and 
     counting a mail-in ballot or absentee ballot submitted by any 
     individual with respect to an election for Federal office 
     unless the State meets the due process requirements described 
     in paragraph (2).
       ``(B) Signature verification requirement described.--In 
     this subsection, a `signature verification requirement' is a 
     requirement that an election official verify the 
     identification of an individual by comparing the signature of 
     the individual on the mail-in ballot or absentee ballot with 
     the individual's signature on the official list of registered 
     voters in the State or another official record or other 
     document used by the State to verify the signatures of 
     voters.
       ``(2) Due process requirements.--
       ``(A) Notice and opportunity to cure discrepancy in 
     signatures.--If an individual submits a mail-in ballot or an 
     absentee ballot and the appropriate State or local election 
     official determines that a discrepancy exists between the 
     signature on such ballot and the signature of such individual 
     on the official list of registered voters in the State or 
     other official record or document used by the State to verify 
     the signatures of voters, such election official, prior to 
     making a final determination as to the validity of such 
     ballot, shall--
       ``(i) as soon as practical, but not later than the next 
     business day after such determination is made, make a good 
     faith effort to notify the individual by mail, telephone, and 
     (if available) text message and electronic mail that--

       ``(I) a discrepancy exists between the signature on such 
     ballot and the signature of the individual on the official 
     list of registered voters in the State or other official 
     record or document used by the State to verify the signatures 
     of voters; and
       ``(II) if such discrepancy is not cured prior to the 
     expiration of the third day following the State's deadline 
     for receiving mail-in ballots or absentee ballots, such 
     ballot will not be counted; and

       ``(ii) cure such discrepancy and count the ballot if, prior 
     to the expiration of the third day following the State's 
     deadline for receiving mail-in ballots or absentee ballots, 
     the individual provides the official with information to cure 
     such discrepancy, either in person, by telephone, or by 
     electronic methods.
       ``(B) Notice and opportunity to cure missing signature or 
     other defect.--If an individual submits a mail-in ballot or 
     an absentee ballot without a signature or submits a mail-in 
     ballot or an absentee ballot with another defect which, if 
     left uncured, would cause the ballot to not be counted, the 
     appropriate State or local election official, prior to making 
     a final determination as to the validity of the ballot, 
     shall--
       ``(i) as soon as practical, but not later than the next 
     business day after such determination is made, make a good 
     faith effort to notify the individual by mail, telephone, and 
     (if available) text message and electronic mail that--

       ``(I) the ballot did not include a signature or has some 
     other defect; and
       ``(II) if the individual does not provide the missing 
     signature or cure the other defect prior to the expiration of 
     the third day following the State's deadline for receiving 
     mail-in ballots or absentee ballots, such ballot will not be 
     counted; and

       ``(ii) count the ballot if, prior to the expiration of the 
     third day following the State's deadline for receiving mail-
     in ballots or absentee ballots, the individual provides the 
     official with the missing signature on a form proscribed by 
     the State or cures the other defect.
     This subparagraph does not apply with respect to a defect 
     consisting of the failure of a ballot to meet the applicable 
     deadline for the acceptance of the ballot, as described in 
     subsection (e).
       ``(C) Other requirements.--
       ``(i) In general.--An election official may not make a 
     determination that a discrepancy exists between the signature 
     on a mail-in ballot or an absentee ballot and the signature 
     of the individual on the official list of

[[Page S4440]]

     registered voters in the State or other official record or 
     other document used by the State to verify the signatures of 
     voters unless--

       ``(I) not fewer than 2 election officials make the 
     determination;
       ``(II) each official who makes the determination has 
     received training in procedures used to verify signatures; 
     and
       ``(III) of the officials who make the determination, not 
     fewer than 1 is affiliated with the political party whose 
     candidate received the most votes in the most recent 
     statewide election for Federal office held in the State and 
     not fewer than 1 is affiliated with the political party whose 
     candidate received the second most votes in the most recent 
     statewide election for Federal office held in the State.

       ``(ii) Exception.--Clause (i)(III) shall not apply to any 
     State in which, under a law that is in effect continuously on 
     and after the date of enactment of this section, 
     determinations regarding signature discrepancies are made by 
     election officials who are not affiliated with a political 
     party.
       ``(3) Report.--
       ``(A) In general.--Not later than 180 days after the end of 
     a Federal election cycle, each chief State election official 
     shall submit to the Commission a report containing the 
     following information for the applicable Federal election 
     cycle in the State:
       ``(i) The number of ballots invalidated due to a 
     discrepancy under this subsection.
       ``(ii) Description of attempts to contact voters to provide 
     notice as required by this subsection.
       ``(iii) Description of the cure process developed by such 
     State pursuant to this subsection, including the number of 
     ballots determined valid as a result of such process.
       ``(B) Submission to congress.--Not later than 10 days after 
     receiving a report under subparagraph (A), the Commission 
     shall transmit such report to Congress.
       ``(C) Federal election cycle defined.--For purposes of this 
     subsection, the term `Federal election cycle' means, with 
     respect to any regularly scheduled election for Federal 
     office, the period beginning on the day after the date of the 
     preceding regularly scheduled general election for Federal 
     office and ending on the date of such regularly scheduled 
     general election.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed--
       ``(A) to prohibit a State from rejecting a ballot attempted 
     to be cast in an election for Federal office by an individual 
     who is not eligible to vote in the election; or
       ``(B) to prohibit a State from providing an individual with 
     more time and more methods for curing a discrepancy in the 
     individual's signature, providing a missing signature, or 
     curing any other defect than the State is required to provide 
     under this subsection.
       ``(c) Applications for Absentee Ballots.--
       ``(1) In general.--In addition to such other methods as the 
     State may establish for an individual to apply for an 
     absentee ballot, each State shall permit an individual to 
     submit an application for an absentee ballot online.
       ``(2) Treatment of websites.--A State shall be considered 
     to meet the requirements of paragraph (1) if the website of 
     the appropriate State or local election official allows an 
     application for an absentee ballot to be completed and 
     submitted online and if the website permits the individual--
       ``(A) to print the application so that the individual may 
     complete the application and return it to the official; or
       ``(B) to request that a paper copy of the application be 
     transmitted to the individual by mail or electronic mail so 
     that the individual may complete the application and return 
     it to the official.
       ``(3) Ensuring delivery prior to election.--
       ``(A) In general.--If an individual who is eligible to vote 
     in an election for Federal office submits an application for 
     an absentee ballot in the election and such application is 
     received by the appropriate State or local election official 
     not later than 13 days (excluding Saturdays, Sundays, and 
     legal public holidays) before the date of the election, the 
     election official shall ensure that the ballot and related 
     voting materials are promptly mailed to the individual.
       ``(B) Applications received close to election day.--If an 
     individual who is eligible to vote in an election for Federal 
     office submits an application for an absentee ballot in the 
     election and such application is received by the appropriate 
     State or local election official after the date described in 
     subparagraph (A) but not later than 7 days (excluding 
     Saturdays, Sundays, and legal public holidays) before the 
     date of the election, the election official shall, to the 
     greatest extent practical, ensure that the ballot and related 
     voting materials are mailed to the individual within 1 
     business day of the receipt of the application.
       ``(C) Rule of construction.--Nothing in this paragraph 
     shall preclude a State or local jurisdiction from allowing 
     for the acceptance and processing of absentee ballot 
     applications submitted or received after the date described 
     in subparagraph (B).
       ``(4) Application for all future elections.--
       ``(A) In general.--At the option of an individual, the 
     individual's application to vote by absentee ballot by mail 
     in an election for Federal office shall be treated as an 
     application for an absentee ballot by mail in all subsequent 
     elections for Federal office held in the State.
       ``(B) Duration of treatment.--
       ``(i) In general.--In the case of an individual who is 
     treated as having applied for an absentee ballot for all 
     subsequent elections for Federal office held in the State 
     under subparagraph (A), such treatment shall remain effective 
     until the earlier of such time as--

       ``(I) the individual is no longer registered to vote in the 
     State; or
       ``(II) the individual provides an affirmative written 
     notice revoking such treatment.

       ``(ii) Prohibition on revocation based on failure to 
     vote.--The treatment of an individual as having applied for 
     an absentee ballot for all subsequent elections held in the 
     State under subparagraph (A) shall not be revoked on the 
     basis that the individual has not voted in an election.
       ``(d) Accessibility for Individuals With Disabilities.--
     Each State shall ensure that all absentee ballot 
     applications, absentee ballots, and related voting materials 
     in elections for Federal office are accessible to individuals 
     with disabilities in a manner that provides the same 
     opportunity for access and participation (including with 
     privacy and independence) as for other voters.
       ``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
       ``(1) In general.--A State or local election official may 
     not refuse to accept or process a ballot submitted by an 
     individual by mail with respect to an election for Federal 
     office in the State on the grounds that the individual did 
     not meet a deadline for returning the ballot to the 
     appropriate State or local election official if--
       ``(A) the ballot is postmarked or otherwise indicated by 
     the United States Postal Service to have been mailed on or 
     before the date of the election; and
       ``(B) the ballot is received by the appropriate election 
     official prior to the expiration of the 7-day period which 
     begins on the date of the election.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to prohibit a State from having a law that 
     allows for counting of ballots in an election for Federal 
     office that are received through the mail after the date that 
     is 7 days after the date of the election.
       ``(f) Alternative Methods of Returning Ballots.--In 
     addition to permitting an individual to whom a ballot in an 
     election was provided under this section to return the ballot 
     to an election official by mail, each State shall permit the 
     individual to cast the ballot by delivering the ballot at 
     such times and to such locations as the State may establish, 
     including--
       ``(1) permitting the individual to deliver the ballot to a 
     polling place within the jurisdiction in which the individual 
     is registered or otherwise eligible to vote on any date on 
     which voting in the election is held at the polling place; 
     and
       ``(2) permitting the individual to deliver the ballot to a 
     designated ballot drop-off location, a tribally designated 
     building, or the office of a State or local election 
     official.
       ``(g) Ballot Processing and Scanning Requirements.--
       ``(1) In general.--Each State or jurisdiction shall begin 
     processing and scanning ballots cast by mail for tabulation 
     not later than the date that is 14 days prior to the date of 
     the election involved, except that a State may begin 
     processing and scanning ballots cast by mail for tabulation 
     after such date if the date on which the State begins such 
     processing and scanning ensures, to the greatest extent 
     practical, that ballots cast before the date of the election 
     are processed and scanned before the date of the election.
       ``(2) Limitation.--Nothing in this subsection shall be 
     construed--
       ``(A) to permit a State to tabulate ballots in an election 
     before the closing of the polls on the date of the election 
     unless such tabulation is a necessary component of 
     preprocessing in the State and is performed in accordance 
     with existing State law; or
       ``(B) to permit an official to make public any results of 
     tabulation and processing before the closing of the polls on 
     the date of the election.
       ``(h) Prohibiting Restrictions on Distribution of Absentee 
     Ballot Applications by Third Parties.--A State may not 
     prohibit any person from providing an application for an 
     absentee ballot in the election to any individual who is 
     eligible to vote in the election.
       ``(i) Rule of Construction.--Nothing in this section shall 
     be construed to affect the authority of States to conduct 
     elections for Federal office through the use of polling 
     places at which individuals cast ballots.
       ``(j) No Effect on Ballots Submitted by Absent Military and 
     Overseas Voters.--Nothing in this section may be construed to 
     affect the treatment of any ballot submitted by an individual 
     who is entitled to vote by absentee ballot under the 
     Uniformed and Overseas Citizens Absentee Voting Act (52 
     U.S.C. 20301 et seq.).
       ``(k) Effective Date.--This section shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2026 and each succeeding 
     election for Federal office.''.
       (2) Clerical amendments.--The table of contents of such 
     Act, as amended by section 1031(c), section 1044(b), section 
     1101(c), section 1102(c), section 1103(a), section 1104(c), 
     and section 1201(c), is amended--
       (A) by redesignating the items relating to sections 311 and 
     312 as relating to sections 312 and 313, respectively; and

[[Page S4441]]

       (B) by inserting after the item relating to section 310 the 
     following new item:

``Sec. 311. Promoting ability of voters to vote by mail.''.
       (b) Same-day Processing of Absentee Ballots.--
       (1) In general.--Chapter 34 of title 39, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3407. Same-day processing of ballots

       ``(a) In General.--The Postal Service shall ensure, to the 
     maximum extent practicable, that any ballot carried by the 
     Postal Service is processed by and cleared from any postal 
     facility or post office on the same day that the ballot is 
     received by that facility or post office.
       ``(b) Definitions.--As used in this section--
       ``(1) the term `ballot' means any ballot transmitted by a 
     voter by mail in an election for Federal office, but does not 
     include any ballot covered by section 3406; and
       ``(2) the term `election for Federal office' means a 
     general, special, primary, or runoff election for the office 
     of President or Vice President, or of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 34 of title 39, United States Code, is 
     amended by adding at the end the following:

``3407. Same-day processing of ballots.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to absentee ballots relating to an election for 
     Federal office occurring on or after January 1, 2026.
       (c) Development of Alternative Verification Methods.--
       (1) Development of standards.--The Director of the National 
     Institute of Standards, in consultation with the Election 
     Assistance Commission, shall develop standards for the use of 
     alternative methods which could be used in place of signature 
     verification requirements for purposes of verifying the 
     identification of an individual voting by mail-in or absentee 
     ballot in elections for Federal office.
       (2) Public notice and comment.--The Director of the 
     National Institute of Standards shall solicit comments from 
     the public in the development of standards under paragraph 
     (1).
       (3) Deadline.--Not later than 2 years after the date of 
     enactment of this Act, the Director of the National Institute 
     of Standards shall publish the standards developed under 
     paragraph (1).

     SEC. 1302. BALLOTING MATERIALS TRACKING PROGRAM.

       (a) In General.--
       (1) Requirements.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a), section 1044(a), section 1101(a), 
     section 1102(a), section 1103(a), section 1104(a), section 
     1201(a), and section 1301(a), is amended--
       (A) by redesignating sections 312 and 313 as sections 313 
     and 314, respectively; and
       (B) by inserting after section 311 the following new 
     section:

     ``SEC. 312. BALLOT MATERIALS TRACKING PROGRAM.

       ``(a) Requirement.--Each State shall carry out a program to 
     track and confirm the receipt of mail-in ballots and absentee 
     ballots in an election for Federal office under which the 
     State or local election official responsible for the receipt 
     of such voted ballots in the election carries out procedures 
     to track and confirm the receipt of such ballots, and makes 
     information on the receipt of such ballots available to the 
     individual who cast the ballot.
       ``(b) Means of Carrying Out Program.--A State may meet the 
     requirements of subsection (a)--
       ``(1) through a program--
       ``(A) which is established by the State;
       ``(B) under which the State or local election official 
     responsible for the receipt of voted mail-in ballots and 
     voted absentee ballots in the election--
       ``(i) carries out procedures to track and confirm the 
     receipt of such ballots; and
       ``(ii) makes information on the receipt of such ballots 
     available to the individual who cast the ballot; and
       ``(C) which meets the requirements of subsection (c); or
       ``(2) through the ballot materials tracking service 
     established under section 1302(b) of the Freedom to Vote Act.
       ``(c) State Program Requirements.--The requirements of this 
     subsection are as follows:
       ``(1) Information on whether vote was accepted.--The 
     information referred to under subsection (b)(1)(B)(ii) with 
     respect to the receipt of mail-in ballot or an absentee 
     ballot shall include information regarding whether the vote 
     cast on the ballot was accepted, and, in the case of a vote 
     which was rejected, the reasons therefor.
       ``(2) Availability of information.--Information on whether 
     a ballot was accepted or rejected shall be available within 1 
     business day of the State accepting or rejecting the ballot.
       ``(3) Accessibility of information.--
       ``(A) In general.--Except as provided under subparagraph 
     (B), the information provided under the program shall be 
     available by means of online access using the internet site 
     of the State or local election office.
       ``(B) Use of toll-free telephone number by officials 
     without internet site.--In the case of a State or local 
     election official whose office does not have an internet 
     site, the program shall require the official to establish a 
     toll-free telephone number that may be used by an individual 
     who cast an absentee ballot to obtain the information 
     required under subsection (b)(1)(B).
       ``(d) Effective Date.--This section shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2028 and each succeeding 
     election for Federal office.''.
       (2) Conforming amendments.--Section 102 of the Uniformed 
     and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302) 
     is amended by striking subsection (h) and redesignating 
     subsection (i) as subsection (h).
       (b) Balloting Materials Tracking Service.--
       (1) In general.--Not later than January 1, 2028, the 
     Secretary of Homeland Security, in consultation with the 
     Chair of the Election Assistance Commission, the Postmaster 
     General, the Director of the General Services Administration, 
     the Presidential designee, and State election officials, 
     shall establish a balloting materials tracking service to be 
     used by State and local jurisdictions to inform voters on the 
     status of voter registration applications, absentee ballot 
     applications, absentee ballots, and mail-in ballots.
       (2) Information tracked.--The balloting materials tracking 
     service established under paragraph (1) shall provide to a 
     voter the following information with respect to that voter:
       (A) In the case of balloting materials sent by mail, 
     tracking information from the United States Postal Service 
     and the Presidential designee on balloting materials sent to 
     the voter and, to the extent feasible, returned by the voter.
       (B) The date on which any request by the voter for an 
     application for voter registration or an absentee ballot was 
     received.
       (C) The date on which any such requested application was 
     sent to the voter.
       (D) The date on which any such completed application was 
     received from the voter and the status of such application.
       (E) The date on which any mail-in ballot or absentee ballot 
     was sent to the voter.
       (F) The date on which any mail-in ballot or absentee ballot 
     was out for delivery to the voter.
       (G) The date on which the post office processes the ballot.
       (H) The date on which the returned ballot was out for 
     delivery to the election office.
       (I) Whether such ballot was accepted and counted, and in 
     the case of any ballot not counted, the reason why the ballot 
     was not counted.
     The information described in subparagraph (I) shall be 
     available not later than 1 day after a determination is made 
     on whether or not to accept and count the ballot.
       (3) Method of providing information.--The balloting 
     materials tracking service established under paragraph (1) 
     shall allow voters the option to receive the information 
     described in paragraph (2) through email (or other electronic 
     means) or through the mail.
       (4) Public availability of limited information.--
     Information described in subparagraphs (E), (G), and (I) of 
     paragraph (2) shall be made available to political parties 
     and voter registration organizations, at cost to cover the 
     expense of providing such information, for use, in accordance 
     with State guidelines and procedures, in helping to return or 
     cure mail-in ballots during any period in which mail-in 
     ballots may be returned.
       (5) Prohibition on fees.--The Director may not charge any 
     fee to a State or jurisdiction for use of the balloting 
     materials tracking service in connection with any Federal, 
     State, or local election.
       (6) Presidential designee.--For purposes of this 
     subsection, the term ``Presidential designee'' means the 
     Presidential designee under section 101(a) of the Uniformed 
     and Overseas Citizens Absentee Voting Act (52 U.S.C. 
     20301(a)).
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated to the Director such sums as are necessary 
     for purposes of carrying out this subsection.
       (c) Reimbursement for Costs Incurred by States in 
     Establishing Program.--Subtitle D of title II of the Help 
     America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended 
     by adding at the end the following new part:

     ``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN 
 ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS

     ``SEC. 297. PAYMENTS TO STATES.

       ``(a) Payments for Costs of Program.--In accordance with 
     this section, the Commission shall make a payment to a State 
     to reimburse the State for the costs incurred in establishing 
     the absentee ballot tracking program under section 322(b)(1) 
     (including costs incurred prior to the date of enactment of 
     this part).
       ``(b) Certification of Compliance and Costs.--
       ``(1) Certification required.--In order to receive a 
     payment under this section, a State shall submit to the 
     Commission a statement containing--
       ``(A) a certification that the State has established an 
     absentee ballot tracking program with respect to elections 
     for Federal office held in the State; and
       ``(B) a statement of the costs incurred by the State in 
     establishing the program.
       ``(2) Amount of payment.--The amount of a payment made to a 
     State under this section shall be equal to the costs incurred 
     by

[[Page S4442]]

     the State in establishing the absentee ballot tracking 
     program, as set forth in the statement submitted under 
     paragraph (1), except that such amount may not exceed the 
     product of--
       ``(A) the number of jurisdictions in the State which are 
     responsible for operating the program; and
       ``(B) $3,000.
       ``(3) Limit on number of payments received.--A State may 
     not receive more than one payment under this part.

     ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization.--There are authorized to be 
     appropriated to the Commission for fiscal year 2026 and each 
     succeeding fiscal year such sums as may be necessary for 
     payments under this part.
       ``(b) Continuing Availability of Funds.--Any amounts 
     appropriated pursuant to the authorization under this section 
     shall remain available until expended.''.
       (d) Clerical Amendments.--The table of contents of such 
     Act, as amended by section 1031(c), 1044(b), section 1101(c), 
     section 1102(c), section 1103(a), section 1104(c), section 
     1201(c), and section 1301(a), is amended--
       (1) by adding at the end of the items relating to subtitle 
     D of title II the following:

     ``PART 7--Payments to Reimburse States for Costs Incurred in 
 Establishing Program to Track and Confirm Receipt of Absentee Ballots

``Sec. 297. Payments to states.
``Sec. 297A. Authorization of appropriations.'';
       (2) by redesignating the items relating to sections 312 and 
     313 as relating to sections 313 and 314, respectively; and
       (3) by inserting after the item relating to section 311 the 
     following new item:

``Sec. 312. Absentee ballot tracking program.''.

     SEC. 1303. ELECTION MAIL AND DELIVERY IMPROVEMENTS.

       (a) Postmark Required for Ballots.--
       (1) In general.--Chapter 34 of title 39, United States 
     Code, as amended by section 1301(b), is amended by adding at 
     the end the following:

     ``Sec. 3408. Postmark required for ballots

       ``(a) In General.--In the case of any absentee ballot 
     carried by the Postal Service, the Postal Service shall 
     indicate on the ballot envelope, using a postmark or 
     otherwise--
       ``(1) the fact that the ballot was carried by the Postal 
     Service; and
       ``(2) the date on which the ballot was mailed.
       ``(b) Definitions.--As used in this section--
       ``(1) the term `absentee ballot' means any ballot 
     transmitted by a voter by mail in an election for Federal 
     office, but does not include any ballot covered by section 
     3406; and
       ``(2) the term `election for Federal office' means a 
     general, special, primary, or runoff election for the office 
     of President or Vice President, or of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 34 of title 39, United States Code, as 
     amended by section 1301(b), is amended by adding at the end 
     the following:

``3408. Postmark required for ballots.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to absentee ballots relating to an election for 
     Federal office occurring on or after January 1, 2026.
       (b) Greater Visibility for Ballots.--
       (1) In general.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a), section 1044(a), section 1101(a), 
     section 1102(a), section 1103(a), section 1104(a), section 
     1201(a), section 1301(a), and section 1302(a), is amended--
       (A) by redesignating sections 313 and 314 as sections 314 
     and 315, respectively; and
       (B) by inserting after section 312 the following new 
     section:

     ``SEC. 313. BALLOT VISIBILITY.

       ``(a) In General.--Each State or local election official 
     shall--
       ``(1) affix Tag 191, Domestic and International Mail-In 
     Ballots (or any successor tag designated by the United States 
     Postal Service), to any tray or sack of official ballots 
     relating to an election for Federal office that is destined 
     for a domestic or international address;
       ``(2) use the Official Election Mail logo to designate 
     official ballots relating to an election for Federal office 
     that is destined for a domestic or international address; and
       ``(3) if an intelligent mail barcode is utilized for any 
     official ballot relating to an election for Federal office 
     that is destined for a domestic or international address, 
     ensure the specific ballot service type identifier for such 
     mail is visible.
       ``(b) Effective Date.--The requirements of this section 
     shall apply to elections for Federal office occurring on and 
     after January 1, 2026.''.
       (2) Voluntary guidance.--Section 321(b)(4) of such Act (52 
     U.S.C. 21101(b)), as added and redesignated by section 
     1101(b) and as amended by sections 1102, 1103 and 1104, is 
     amended by striking ``and 309'' and inserting ``309, and 
     313''.
       (3) Clerical amendments.--The table of contents of such 
     Act, as amended by section 1031(c), section 1044(b), section 
     1101(c), section 1102(c), section 1103(a), section 1104(c), 
     section 1201(c), section 1301(a), and section 1302(a), is 
     amended--
       (A) by redesignating the items relating to sections 313 and 
     314 as relating to sections 314 and 315; and
       (B) by inserting after the item relating to section 312 the 
     following new item:

``Sec. 313. Ballot visibility.''.

     SEC. 1304. CARRIAGE OF ELECTION MAIL.

       (a) Treatment of Election Mail.--
       (1) Treatment as first-class mail; free postage.--Chapter 
     34 of title 39, United States Code, as amended by section 
     1301(b) and section 1303(a), is amended by adding at the end 
     the following:

     ``Sec. 3409. Domestic election mail; restriction of 
       operational changes prior to elections

       ``(a) Definition.--In this section, the term `election 
     mail' means--
       ``(1) a blank or completed voter registration application 
     form, voter registration card, or similar materials, relating 
     to an election for Federal office;
       ``(2) a blank or completed absentee and other mail-in 
     ballot application form, and a blank or completed absentee or 
     other mail-in ballot, relating to an election for Federal 
     office, and
       ``(3) other materials relating to an election for Federal 
     office that are mailed by a State or local election official 
     to an individual who is registered to vote.
       ``(b) Carriage of Election Mail.--Election mail (other than 
     balloting materials covered under section 3406 (relating to 
     the Uniformed and Overseas Absentee Voting Act)), 
     individually or in bulk, shall be carried in accordance with 
     the service standards established for first-class mail under 
     section 3691.
       ``(c) No Postage Required for Completed Ballots.--Completed 
     absentee or other mail-in ballots (other than balloting 
     materials covered under section 3406 (relating to the 
     Uniformed and Overseas Absentee Voting Act)) shall be carried 
     free of postage.
       ``(d) Restriction of Operational Changes.--During the 120-
     day period that ends on the date of an election for Federal 
     office, the Postal Service may not carry out any new 
     operational change that would restrict the prompt and 
     reliable delivery of election mail. This subsection applies 
     to operational changes which include--
       ``(1) removing or eliminating any mail collection box 
     without immediately replacing it; and
       ``(2) removing, decommissioning, or any other form of 
     stopping the operation of mail sorting machines, other than 
     for routine maintenance.
       ``(e) Election Mail Coordinator.--The Postal Service shall 
     appoint an Election Mail Coordinator at each area office and 
     district office to facilitate relevant information sharing 
     with State, territorial, local, and Tribal election officials 
     in regards to the mailing of election mail.''.
       (2) Reimbursement of postal service for revenue forgone.--
     Section 2401(c) of title 39, United States Code, is amended 
     by striking ``sections 3217 and 3403 through 3406'' and 
     inserting ``sections 3217, 3403 through 3406, and 3409''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 34 of title 39, United States Code, as 
     amended by section 1301(b) and section 1303(a), is amended by 
     adding at the end the following:

``3409. Domestic election mail; restriction of operational changes 
              prior to elections.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect upon the expiration of the 180-day period 
     that begins on the date of enactment of this section.

     SEC. 1305. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR 
                   VOTED BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.

       (a) Requirement.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a), section 1044(a), section 1101(a), 
     section 1102(a), section 1103(a), section 1104(a), section 
     1201(a), section 1301(a), section 1302(a), and section 
     1303(b) is amended--
       (1) by redesignating sections 314 and 315 as sections 315 
     and 316, respectively; and
       (2) by inserting after section 313 the following new 
     section:

     ``SEC. 314. USE OF SECURED DROP BOXES FOR VOTED BALLOTS.

       ``(a) Requiring Use of Drop Boxes.--Each jurisdiction shall 
     provide in-person, secured, and clearly labeled drop boxes at 
     which individuals may, at any time during the period 
     described in subsection (b), drop off voted ballots in an 
     election for Federal office.
       ``(b) Minimum Period for Availability of Drop Boxes.--The 
     period described in this subsection is, with respect to an 
     election, the period that begins on the first day on which 
     the jurisdiction sends mail-in ballots or absentee ballots 
     (other than ballots for absent uniformed overseas voters (as 
     defined in section 107(1) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (52 U.S.C. 20310(1))) or 
     overseas voters (as defined in section 107(5) of such Act (52 
     U.S.C. 20310(5)))) to voters for such election and which ends 
     at the time the polls close for the election in the 
     jurisdiction involved.
       ``(c) Accessibility.--
       ``(1) Hours of access.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     each drop box provided under this section shall be accessible 
     to voters for a reasonable number of hours each day.
       ``(B) 24-hour drop boxes.--

[[Page S4443]]

       ``(i) In general.--Of the number of drop boxes provided in 
     any jurisdiction, not less than the required number shall be 
     accessible for 24-hours per day during the period described 
     in subsection (b).
       ``(ii) Required number.--The required number is the greater 
     of--

       ``(I) 25 percent of the drop boxes required under 
     subsection (d); or
       ``(II) 1 drop box.

       ``(2) Population.--
       ``(A) In general.--Drop boxes provided under this section 
     shall be accessible for use--
       ``(i) by individuals with disabilities, as determined in 
     consultation with the protection and advocacy systems (as 
     defined in section 102 of the Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) 
     of the State;
       ``(ii) by individuals with limited proficiency in the 
     English language; and
       ``(iii) by homeless individuals (as defined in section 103 
     of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11302)) within the State.
       ``(B) Determination of accessibility for individuals with 
     disabilities.--For purposes of this paragraph, drop boxes 
     shall be considered to be accessible for use by individuals 
     with disabilities if the drop boxes meet such criteria as the 
     Attorney General may establish for such purposes.
       ``(C) Rule of construction.--If a drop box provided under 
     this section is on the grounds of or inside a building or 
     facility which serves as a polling place for an election 
     during the period described in subsection (b), nothing in 
     this subsection may be construed to waive any requirements 
     regarding the accessibility of such polling place for the use 
     of individuals with disabilities, individuals with limited 
     proficiency in the English language, or homeless individuals.
       ``(d) Number of Drop Boxes.--Each jurisdiction shall have--
       ``(1) in the case of any election for Federal office prior 
     to the regularly scheduled general election for Federal 
     office held in November 2028, not less than 1 drop box for 
     every 45,000 registered voters located in the jurisdiction; 
     and
       ``(2) in the case of the regularly scheduled general 
     election for Federal office held in November 2028 and each 
     election for Federal office occurring thereafter, not less 
     than the greater of--
       ``(A) 1 drop box for every 45,000 registered voters located 
     in the jurisdiction; or
       ``(B) 1 drop box for every 15,000 votes that were cast by 
     mail in the jurisdiction in the most recent general election 
     that includes an election for the office of President.
     In no case shall a jurisdiction have fewer than 1 drop box 
     for any election for Federal office.
       ``(e) Location of Drop Boxes.--The State shall determine 
     the location of drop boxes provided under this section in a 
     jurisdiction on the basis of criteria which ensure that the 
     drop boxes are--
       ``(1) available to all voters on a non-discriminatory 
     basis;
       ``(2) accessible to voters with disabilities (in accordance 
     with subsection (c));
       ``(3) accessible by public transportation to the greatest 
     extent possible;
       ``(4) available during all hours of the day;
       ``(5) sufficiently available in all communities in the 
     jurisdiction, including rural communities and on Tribal lands 
     within the jurisdiction (subject to subsection (f)); and
       ``(6) geographically distributed to provide a reasonable 
     opportunity for voters to submit their voted ballot in a 
     timely manner.
       ``(f) Timing of Scanning and Processing of Ballots.--For 
     purposes of section 311(g) (relating to the timing of the 
     processing and scanning of ballots for tabulation), a vote 
     cast using a drop box provided under this section shall be 
     treated in the same manner as a ballot cast by mail.
       ``(g) Posting of Information.--On or adjacent to each drop 
     box provided under this section, the State shall post 
     information on the requirements that voted absentee ballots 
     must meet in order to be counted and tabulated in the 
     election.
       ``(h) Remote Surveillance.--Nothing in this section shall 
     prohibit a State from providing for the security of drop 
     boxes through remote or electronic surveillance.
       ``(i) Effective Date.--This section shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2026 and each succeeding 
     election for Federal office.''.
       (b) Clerical Amendments.--The table of contents of such 
     Act, as amended by section 1031(c), section 1044(b), section 
     1101(c), section 1102(c), section 1103(a), section 1104(c), 
     section 1201(c), section 1301(c), section 1302(a), and 
     section 1303(b), is amended--
       (1) by redesignating the items relating to sections 314 and 
     315 as relating to sections 315 and 316, respectively; and
       (2) by inserting after the item relating to section 313 the 
     following new item:

``Sec. 314. Use of secured drop boxes for voted absentee ballots.''.

    Subtitle E--Absent Uniformed Services Voters and Overseas Voters

     SEC. 1401. PRE-ELECTION REPORTS ON AVAILABILITY AND 
                   TRANSMISSION OF ABSENTEE BALLOTS.

       Section 102(c) of the Uniformed and Overseas Citizens 
     Absentee Voting Act (52 U.S.C. 20302(c)) is amended to read 
     as follows:
       ``(c) Reports on Availability, Transmission, and Receipt of 
     Absentee Ballots.--
       ``(1) Pre-election report on absentee ballot 
     availability.--Not later than 55 days before any regularly 
     scheduled general election for Federal office, each State 
     shall submit a report to the Attorney General certifying that 
     absentee ballots for the election are or will be available 
     for transmission to absent uniformed services voters and 
     overseas voters by not later than 46 days before the 
     election. The report shall be in a form prescribed by the 
     Attorney General and shall require the State to certify 
     specific information about ballot availability from each unit 
     of local government which will administer the election.
       ``(2) Pre-election report on absentee ballots 
     transmitted.--
       ``(A) In general.--Not later than 43 days before any 
     election for Federal office held in a State, the chief State 
     election official of such State shall submit a report 
     containing the information in subparagraph (B) to the 
     Attorney General.
       ``(B) Information reported.--The report under subparagraph 
     (A) shall consist of the following:
       ``(i) The total number of absentee ballots validly 
     requested by absent uniformed services voters and overseas 
     voters whose requests were received by the 47th day before 
     the election by each unit of local government within the 
     State that will transmit absentee ballots.
       ``(ii) The total number of ballots transmitted to such 
     voters by the 46th day before the election by each unit of 
     local government within the State that will administer the 
     election.
       ``(iii) Specific information about any late transmitted 
     ballots.
       ``(C) Requirement to supplement incomplete information.--If 
     the report under subparagraph (A) has incomplete information 
     on any items required to be included in the report, the chief 
     State election official shall make all reasonable efforts to 
     expeditiously supplement the report with complete 
     information.
       ``(D) Format.--The report under subparagraph (A) shall be 
     in a format prescribed by the Attorney General in 
     consultation with the chief State election officials of each 
     State.
       ``(3) Post-election report on number of absentee ballots 
     transmitted and received.--Not later than 90 days after the 
     date of each regularly scheduled general election for Federal 
     office, each State and unit of local government which 
     administered the election shall (through the State, in the 
     case of a unit of local government) submit a report to the 
     Election Assistance Commission on the combined number of 
     absentee ballots transmitted to absent uniformed services 
     voters and overseas voters for the election and the combined 
     number of such ballots which were returned by such voters and 
     cast in the election, and shall make such report available to 
     the general public that same day.''.

     SEC. 1402. ENFORCEMENT.

       (a) Availability of Civil Penalties and Private Rights of 
     Action.--Section 105 of the Uniformed and Overseas Citizens 
     Absentee Voting Act (52 U.S.C. 20307) is amended to read as 
     follows:

     ``SEC. 105. ENFORCEMENT.

       ``(a) Action by Attorney General.--The Attorney General may 
     bring civil action in an appropriate district court for such 
     declaratory or injunctive relief as may be necessary to carry 
     out this title.
       ``(b) Private Right of Action.--A person who is aggrieved 
     by a violation of this title may bring a civil action in an 
     appropriate district court for such declaratory or injunctive 
     relief as may be necessary to carry out this title.
       ``(c) State as Only Necessary Defendant.--In any action 
     brought under this section, the only necessary party 
     defendant is the State, and it shall not be a defense to any 
     such action that a local election official or a unit of local 
     government is not named as a defendant, notwithstanding that 
     a State has exercised the authority described in section 576 
     of the Military and Overseas Voter Empowerment Act to 
     delegate to another jurisdiction in the State any duty or 
     responsibility which is the subject of an action brought 
     under this section.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to violations alleged to have 
     occurred on or after the date of enactment of this Act.

     SEC. 1403. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER 
                   PROVISION.

       (a) In General.--Paragraph (8) of section 102(a) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (52 
     U.S.C. 20302(a)) is amended to read as follows:
       ``(8) transmit a validly requested absentee ballot to an 
     absent uniformed services voter or overseas voter by the date 
     and in the manner determined under subsection (g);''.
       (b) Ballot Transmission Requirements and Repeal of Waiver 
     Provision.--Subsection (g) of section 102 of such Act (52 
     U.S.C. 20302(g)) is amended to read as follows:
       ``(g) Ballot Transmission Requirements.--
       ``(1) In general.--For purposes of subsection (a)(8), in 
     the case in which a valid request for an absentee ballot is 
     received at least 47 days before an election for Federal 
     office, the following rules shall apply:
       ``(A) Transmission deadline.--The State shall transmit the 
     absentee ballot not later than 46 days before the election.
       ``(B) Special rules in case of failure to transmit on 
     time.--

[[Page S4444]]

       ``(i) In general.--If the State fails to transmit any 
     absentee ballot by the 46th day before the election as 
     required by subparagraph (A) and the absent uniformed 
     services voter or overseas voter did not request electronic 
     ballot transmission pursuant to subsection (f), the State 
     shall transmit such ballot by express delivery.
       ``(ii) Extended failure.--If the State fails to transmit 
     any absentee ballot by the 41st day before the election, in 
     addition to transmitting the ballot as provided in clause 
     (i), the State shall--

       ``(I) in the case of absentee ballots requested by absent 
     uniformed services voters with respect to regularly scheduled 
     general elections, notify such voters of the procedures 
     established under section 103A for the collection and 
     delivery of marked absentee ballots; and
       ``(II) in any other case, provide for the return of such 
     ballot by express delivery.

       ``(iii) Cost of express delivery.--In any case in which 
     express delivery is required under this subparagraph, the 
     cost of such express delivery--

       ``(I) shall not be paid by the voter; and
       ``(II) if determined appropriate by the chief State 
     election official, may be required by the State to be paid by 
     a local jurisdiction.

       ``(iv) Exception.--Clause (ii)(II) shall not apply when an 
     absent uniformed services voter or overseas voter indicates 
     the preference to return the late sent absentee ballot by 
     electronic transmission in a State that permits return of an 
     absentee ballot by electronic transmission.
       ``(v) Enforcement.--A State's compliance with this 
     subparagraph does not bar the Attorney General from seeking 
     additional remedies necessary to fully resolve or prevent 
     ongoing, future, or systematic violations of this provision 
     or to effectuate the purposes of this Act.
       ``(C) Special procedure in event of disaster.--If a 
     disaster (hurricane, tornado, earthquake, storm, volcanic 
     eruption, landslide, fire, flood, or explosion), or an act of 
     terrorism prevents the State from transmitting any absentee 
     ballot by the 46th day before the election as required by 
     subparagraph (A), the chief State election official shall 
     notify the Attorney General as soon as practicable and take 
     all actions necessary, including seeking any necessary 
     judicial relief, to ensure that affected absent uniformed 
     services voters and overseas voters are provided a reasonable 
     opportunity to receive and return their absentee ballots in 
     time to be counted.
       ``(2) Requests received after 47th day before election.--
     For purposes of subsection (a)(8), in the case in which a 
     valid request for an absentee ballot is received less than 47 
     days but not less than 30 days before an election for Federal 
     office, the State shall transmit the absentee ballot within 
     one business day of receipt of the request.''.

     SEC. 1404. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR 
                   SUBSEQUENT ELECTIONS.

       (a) In General.--Section 104 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (52 U.S.C. 20306) is amended to 
     read as follows:

     ``SEC. 104. TREATMENT OF BALLOT REQUESTS.

       ``(a) In General.--If a State accepts and processes an 
     official post card form (prescribed under section 101) 
     submitted by an absent uniformed services voter or overseas 
     voter for simultaneous voter registration and absentee ballot 
     application (in accordance with section 102(a)(4)) and the 
     voter requests that the application be considered an 
     application for an absentee ballot for each subsequent 
     election for Federal office held in the State through the end 
     of the calendar year following the next regularly scheduled 
     general election for Federal office, the State shall provide 
     an absentee ballot to the voter for each such subsequent 
     election.
       ``(b) Exception for Voters Changing Registration.--
     Subsection (a) shall not apply with respect to a voter 
     registered to vote in a State for any election held after the 
     voter notifies the State that the voter no longer wishes to 
     be registered to vote in the State or after the State 
     determines that the voter has registered to vote in another 
     State or is otherwise no longer eligible to vote in the 
     State.
       ``(c) Prohibition of Refusal of Application on Grounds of 
     Early Submission.--A State may not refuse to accept or to 
     process, with respect to any election for Federal office, any 
     otherwise valid voter registration application or absentee 
     ballot application (including the postcard form prescribed 
     under section 101) submitted by an absent uniformed services 
     voter or overseas voter on the grounds that the voter 
     submitted the application before the first date on which the 
     State otherwise accepts or processes such applications for 
     that election which are submitted by absentee voters who are 
     not members of the uniformed services or overseas 
     citizens.''.
       (b) Requirement for Revision to Postcard Form.--
       (1) In general.--The Presidential designee shall ensure 
     that the official postcard form prescribed under section 
     101(b)(2) of the Uniformed and Overseas Citizens Absentee 
     Voting Act (52 U.S.C. 20301(b)(2)) enables a voter using the 
     form to--
       (A) request an absentee ballot for each election for 
     Federal office held in a State through the end of the 
     calendar year following the next regularly scheduled general 
     election for Federal office; or
       (B) request an absentee ballot for a specific election or 
     elections for Federal office held in a State during the 
     period described in subparagraph (A).
       (2) Presidential designee.--For purposes of this paragraph, 
     the term ``Presidential designee'' means the individual 
     designated under section 101(a) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (52 U.S.C. 20301(a)).
       (c) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to voter registration and absentee 
     ballot applications which are submitted to a State or local 
     election official on or after the date of enactment of this 
     Act.

     SEC. 1405. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING 
                   PURPOSES TO FAMILY MEMBERS OF ABSENT MILITARY 
                   PERSONNEL.

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (52 U.S.C. 20302), as amended by section 1302, is 
     amended by adding at the end the following new subsection:
       ``(i) Guarantee of Residency for Spouses and Dependents of 
     Absent Members of Uniformed Service.--For the purposes of 
     voting in any election for any Federal office or any State or 
     local office, a spouse or dependent of an individual who is 
     an absent uniformed services voter described in subparagraph 
     (A) or (B) of section 107(1) shall not, solely by reason of 
     that individual's absence and without regard to whether or 
     not such spouse or dependent is accompanying that 
     individual--
       ``(1) be deemed to have lost a residence or domicile in 
     that State, without regard to whether or not that individual 
     intends to return to that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.''.

     SEC. 1406. TECHNICAL CLARIFICATIONS TO CONFORM TO MILITARY 
                   AND OVERSEAS VOTER EMPOWERMENT ACT AMENDMENTS 
                   RELATED TO THE FEDERAL WRITE-IN ABSENTEE 
                   BALLOT.

       (a) In General.--Section 102(a)(3) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3)) 
     is amended by striking ``general elections'' and inserting 
     ``general, special, primary, and runoff elections''.
       (b) Conforming Amendment.--Section 103 of such Act (52 
     U.S.C. 20303) is amended--
       (1) in subsection (b)(2)(B), by striking ``general''; and
       (2) in the heading thereof, by striking ``general''.

     SEC. 1407. TREATMENT OF POST CARD REGISTRATION REQUESTS.

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (52 U.S.C. 20302), as amended by sections 1302 and 
     1405, is amended by adding at the end the following new 
     subsection:
       ``(j) Treatment of Post Card Registrations.--A State shall 
     not remove any absent uniformed services voter or overseas 
     voter who has registered to vote using the official post card 
     form (prescribed under section 101) from the official list of 
     registered voters except in accordance with subparagraph (A), 
     (B), or (C) of section 8(a)(3) of the National Voter 
     Registration Act of 1993 (52 U.S.C. 20507).''.

     SEC. 1408. PRESIDENTIAL DESIGNEE REPORT ON VOTER 
                   DISENFRANCHISEMENT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Presidential designee shall submit 
     to Congress a report on the impact of widespread mail-in 
     voting on the ability of active duty military service members 
     to vote, how quickly the votes of those individuals are 
     counted, and whether higher volumes of mail-in votes makes it 
     harder for such individuals to vote in elections for Federal 
     elections.
       (b) Presidential Designee.--For purposes of this section, 
     the term ``Presidential designee'' means the individual 
     designated under section 101(a) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (52 U.S.C. 20301(a)).

     SEC. 1409. EFFECTIVE DATE.

       Except as provided in section 1402(b) and section 1404(c), 
     the amendments made by this subtitle shall apply with respect 
     to elections occurring on or after January 1, 2026.

                 Subtitle F--Enhancement of Enforcement

     SEC. 1501. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE 
                   ACT OF 2002.

       (a) Complaints; Availability of Private Right of Action.--
     Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 
     21111) is amended--
       (1) by striking ``The Attorney General'' and inserting 
     ``(a) In General.--The Attorney General''; and
       (2) by adding at the end the following new subsections:
       ``(b) Filing of Complaints by Aggrieved Persons.--A person 
     who is aggrieved by a violation of title III that impairs 
     their ability to cast a ballot or a provisional ballot, to 
     register or maintain one's registration to vote, or to vote 
     on a voting system meeting the requirements of such title, 
     which has occurred, is occurring, or is about to occur may 
     file a written, signed, and notarized complaint with the 
     Attorney General describing the violation and requesting the 
     Attorney General to take appropriate action under this 
     section. The Attorney General shall immediately provide a 
     copy of a complaint filed under the previous sentence to the 
     entity responsible for administering the State-based 
     administrative complaint procedures described in section 
     402(a) for the State involved.

[[Page S4445]]

       ``(c) Availability of Private Right of Action.--Any person 
     who is authorized to file a complaint under subsection (b) 
     (including any individual who seeks to enforce the 
     individual's right to a voter-verifiable paper ballot, the 
     right to have the voter-verifiable paper ballot counted in 
     accordance with this Act, or any other right under title III) 
     may file an action under section 1979 of the Revised Statutes 
     of the United States (42 U.S.C. 1983) to enforce the uniform 
     and nondiscriminatory election technology and administration 
     requirements under subtitle A of title III.
       ``(d) No Effect on State Procedures.--Nothing in this 
     section may be construed to affect the availability of the 
     State-based administrative complaint procedures required 
     under section 402 to any person filing a complaint under this 
     subsection.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to violations occurring with respect 
     to elections for Federal office held in 2026 or any 
     succeeding year.

  Subtitle G--Promoting Voter Access Through Election Administration 
                       Modernization Improvements

                     PART 1--PROMOTING VOTER ACCESS

     SEC. 1601. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS 
                   AFFECTED BY POLLING PLACE CHANGES.

       (a) Requirements.--Section 302 of the Help America Vote Act 
     of 2002 (52 U.S.C. 21082) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Minimum Notification Requirements for Voters Affected 
     by Polling Place Changes.--
       ``(1) Requirement for precinct-based polling.--
       ``(A) In general.--If an applicable individual has been 
     assigned to a polling place that is different than the 
     polling place that such individual was assigned with respect 
     to the most recent past election for Federal office in which 
     the individual was eligible to vote--
       ``(i) the appropriate election official shall, not later 
     than 2 days before the beginning of an early voting period--

       ``(I) notify the individual of the location of the polling 
     place; and
       ``(II) post a general notice on the website of the State or 
     jurisdiction, on social media platforms (if available), and 
     on signs at the prior polling place; and

       ``(ii) if such assignment is made after the date that is 2 
     days before the beginning of an early voting period and the 
     individual appears on the date of the election at the polling 
     place to which the individual was previously assigned, the 
     jurisdiction shall make every reasonable effort to enable the 
     individual to vote a ballot on the date of the election 
     without the use of a provisional ballot.
       ``(B) Applicable individual.--For purposes of subparagraph 
     (A), the term `applicable individual' means, with respect to 
     any election for Federal office, any individual--
       ``(i) who is registered to vote in a jurisdiction for such 
     election and was registered to vote in such jurisdiction for 
     the most recent past election for Federal office; and
       ``(ii) whose voter registration address has not changed 
     since such most recent past election for Federal office.
       ``(C) Methods of notification.--The appropriate election 
     official shall notify an individual under clause (i)(I) of 
     subparagraph (A) by mail, telephone, and (if available) text 
     message and electronic mail.
       ``(2) Requirements for vote centers.--In the case of a 
     jurisdiction in which individuals are not assigned to 
     specific polling places, not later than 2 days before the 
     beginning of an early voting period, the appropriate election 
     official shall notify each individual eligible to vote in 
     such jurisdiction of the location of all polling places at 
     which the individual may vote.
       ``(3) Notice with respect to closed polling places.--
       ``(A) In general.--If a location which served as a polling 
     place for an election for Federal office in a State does not 
     serve as a polling place in the next election for Federal 
     office held in the State, the State shall ensure that signs 
     are posted at such location on the date of the election and 
     during any early voting period for the election containing 
     the following information:
       ``(i) A statement that the location is not serving as a 
     polling place in the election.
       ``(ii) The locations serving as polling places in the 
     election in the jurisdiction involved.
       ``(iii) The name and address of any substitute polling 
     place serving the same precinct and directions from the 
     former polling place to the new polling place.
       ``(iv) Contact information, including a telephone number 
     and website, for the appropriate State or local election 
     official through which an individual may find the polling 
     place to which the individual is assigned for the election.
       ``(B) Internet posting.--Each State which is required to 
     post signs under subparagraph (A) shall also provide such 
     information through a website and through social media (if 
     available).
       ``(4) Linguistic preference.--The notices required under 
     this subsection shall comply with the requirements of section 
     203 of the Voting Rights Act of 1965 (52 U.S.C. 10503).
       ``(5) Effective date.--This subsection shall apply with 
     respect to elections held on or after January 1, 2026.''.
       (b) Conforming Amendment.--Section 302(e) of such Act (52 
     U.S.C. 21082(e)), as redesignated by subsection (a), is 
     amended by striking ``Each State'' and inserting ``Except as 
     provided in subsection (d)(4), each State''.

     SEC. 1602. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN 
                   MARIANA ISLANDS.

       Paragraphs (6) and (8) of section 107 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (52 U.S.C. 20310) are 
     each amended by striking ``and American Samoa'' and inserting 
     ``American Samoa, and the Commonwealth of the Northern 
     Mariana Islands''.

     SEC. 1603. ELIMINATION OF 14-DAY TIME PERIOD BETWEEN GENERAL 
                   ELECTION AND RUNOFF ELECTION FOR FEDERAL 
                   ELECTIONS IN THE VIRGIN ISLANDS AND GUAM.

       Section 2 of the Act entitled ``An Act to provide that the 
     unincorporated territories of Guam and the Virgin Islands 
     shall each be represented in Congress by a Delegate to the 
     House of Representatives'', approved April 10, 1972 (48 
     U.S.C. 1712), is amended--
       (1) by striking ``(a) The Delegate'' and inserting ``The 
     Delegate'';
       (2) by striking ``on the fourteenth day following such an 
     election'' in the fourth sentence of subsection (a); and
       (3) by striking subsection (b).

     SEC. 1604. APPLICATION OF FEDERAL ELECTION ADMINISTRATION 
                   LAWS TO TERRITORIES OF THE UNITED STATES.

       (a) National Voter Registration Act of 1993.--Section 3(4) 
     of the National Voter Registration Act of 1993 (52 U.S.C. 
     20502(4)) is amended by striking ``States and the District of 
     Columbia'' and inserting ``States, the District of Columbia, 
     the Commonwealth of Puerto Rico, Guam, American Samoa, the 
     United States Virgin Islands, and the Commonwealth of the 
     Northern Mariana Islands''.
       (b) Help America Vote Act of 2002.--
       (1) Coverage of commonwealth of the northern mariana 
     islands.--Section 901 of the Help America Vote Act of 2002 
     (52 U.S.C. 21141) is amended by striking ``and the United 
     States Virgin Islands'' and inserting ``the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands''.
       (2) Conforming amendments to help america vote act of 
     2002.--Such Act is further amended as follows:
       (A) The second sentence of section 213(a)(2) (52 U.S.C. 
     20943(a)(2)) is amended by striking ``and American Samoa'' 
     and inserting ``American Samoa, and the Commonwealth of the 
     Northern Mariana Islands''.
       (B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is amended by 
     striking ``or the United States Virgin Islands'' and 
     inserting ``the United States Virgin Islands, or the 
     Commonwealth of the Northern Mariana Islands''.
       (3) Conforming amendment relating to consultation of help 
     america vote foundation with local election officials.--
     Section 90102(c) of title 36, United States Code, is amended 
     by striking ``and the United States Virgin Islands'' and 
     inserting ``the United States Virgin Islands, and the 
     Commonwealth of the Northern Mariana Islands''.

     SEC. 1605. APPLICATION OF FEDERAL VOTER PROTECTION LAWS TO 
                   TERRITORIES OF THE UNITED STATES.

       (a) Intimidation of Voters.--Section 594 of title 18, 
     United States Code, is amended by striking ``Delegate from 
     the District of Columbia, or Resident Commissioner,'' and 
     inserting ``or Delegate or Resident Commissioner to the 
     Congress''.
       (b) Interference by Government Employees.--Section 595 of 
     title 18, United States Code, is amended by striking 
     ``Delegate from the District of Columbia, or Resident 
     Commissioner,'' and inserting ``or Delegate or Resident 
     Commissioner to the Congress''.
       (c) Voting by Noncitizens.--Section 611(a) of title 18, 
     United States Code, is amended by striking ``Delegate from 
     the District of Columbia, or Resident Commissioner,'' and 
     inserting ``or Delegate or Resident Commissioner to the 
     Congress''.

     SEC. 1606. ENSURING EQUITABLE AND EFFICIENT OPERATION OF 
                   POLLING PLACES.

       (a) In General.--
       (1) Requirement.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a), section 1044(a), section 1101(a), 
     section 1102(a), section 1103(a), section 1104(a), section 
     1201(a), section 1301(a), section 1302(a), section 1303(b), 
     and section 1305(a), is amended--
       (A) by redesignating sections 315 and 316 as sections 316 
     and 317, respectively; and
       (B) by inserting after section 314 the following new 
     section:

     ``SEC. 315. ENSURING EQUITABLE AND EFFICIENT OPERATION OF 
                   POLLING PLACES.

       ``(a) Preventing Unreasonable Waiting Times for Voters.--
       ``(1) In general.--Each State or jurisdiction shall take 
     reasonable efforts to provide a sufficient number of voting 
     systems, poll workers, and other election resources 
     (including physical resources) at a polling place used in any 
     election for Federal office, including a polling place at 
     which individuals may cast ballots prior to the date of the 
     election, to ensure--
       ``(A) a fair and equitable waiting time for all voters in 
     the State or jurisdiction; and
       ``(B) that no individual will be required to wait longer 
     than 30 minutes to cast a ballot at the polling place.

[[Page S4446]]

       ``(2) Criteria.--In determining the number of voting 
     systems, poll workers, and other election resources provided 
     at a polling place for purposes of paragraph (1), the State 
     or jurisdiction shall take into account the following 
     factors:
       ``(A) The voting age population.
       ``(B) Voter turnout in past elections.
       ``(C) The number of voters registered.
       ``(D) The number of voters who have registered since the 
     most recent Federal election.
       ``(E) Census data for the population served by the polling 
     place, such as the proportion of the voting-age population 
     who are under 25 years of age or who are naturalized 
     citizens.
       ``(F) The needs and numbers of voters with disabilities and 
     voters with limited English proficiency.
       ``(G) The type of voting systems used.
       ``(H) The length and complexity of initiatives, referenda, 
     and other questions on the ballot.
       ``(I) Such other factors, including relevant demographic 
     factors relating to the population served by the polling 
     place, as the State considers appropriate.
       ``(3) Rule of construction.--Nothing in this subsection may 
     be construed--
       ``(A) to authorize a State or jurisdiction to meet the 
     requirements of this subsection by closing any polling place, 
     prohibiting an individual from entering a line at a polling 
     place, or refusing to permit an individual who has arrived at 
     a polling place prior to closing time from voting at the 
     polling place; or
       ``(B) to limit the use of mobile voting centers.
       ``(b) Limiting Variations on Number of Hours of Operation 
     of Polling Places Within a State.--
       ``(1) Limitation.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     and paragraph (2), each State shall establish hours of 
     operation for all polling places in the State on the date of 
     any election for Federal office held in the State such that 
     the polling place with the greatest number of hours of 
     operation on such date is not in operation for more than 2 
     hours longer than the polling place with the fewest number of 
     hours of operation on such date.
       ``(B) Permitting variance on basis of population.--
     Subparagraph (A) does not apply to the extent that the State 
     establishes variations in the hours of operation of polling 
     places on the basis of the overall population or the voting 
     age population (as the State may select) of the unit of local 
     government in which such polling places are located.
       ``(2) Exceptions for polling places with hours established 
     by units of local government.--Paragraph (1) does not apply 
     in the case of a polling place--
       ``(A) whose hours of operation are established, in 
     accordance with State law, by the unit of local government in 
     which the polling place is located; or
       ``(B) which is required pursuant to an order by a court to 
     extend its hours of operation beyond the hours otherwise 
     established.
       ``(c) Ensuring Access to Polling Places for Voters.--
       ``(1) Proximity to public transportation.--To the greatest 
     extent practicable, each State and jurisdiction shall ensure 
     that each polling place used on the date of the election is 
     located within walking distance of a stop on a public 
     transportation route.
       ``(2) Availability in rural areas.--In the case of a 
     jurisdiction that includes a rural area, the State or 
     jurisdiction shall--
       ``(A) ensure that an appropriate number of polling places 
     (not less than one) used on the date of the election will be 
     located in such rural areas; and
       ``(B) ensure that such polling places are located in 
     communities which will provide the greatest opportunity for 
     residents of rural areas to vote on the date of the election.
       ``(3) Campuses of institutions of higher education.--In the 
     case of a jurisdiction that is not considered a vote by mail 
     jurisdiction described in section 310(b)(2) or a small 
     jurisdiction described in section 310(b)(3) and that includes 
     an institution of higher education (as defined under section 
     102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), 
     including a branch campus of such an institution, the State 
     or jurisdiction shall--
       ``(A) ensure that an appropriate number of polling places 
     (not less than one) used on the date of the election will be 
     located on the physical campus of each such institution, 
     including each such branch campus; and
       ``(B) ensure that such polling places provide the greatest 
     opportunity for residents of the jurisdiction to vote.
       ``(d) Effective Date.--This section shall take effect upon 
     the expiration of the 180-day period which begins on the date 
     of enactment of this subsection.''.
       (2) Conforming amendments relating to issuance of voluntary 
     guidance by election assistance commission.--Section 321(b) 
     of such Act (52 U.S.C. 21101(b)), as redesignated and amended 
     by section 1101(b) and as amended by sections, 1102, 1103, 
     1104, and 1201, is amended--
       (A) by striking ``and'' at the end of paragraph (4);
       (B) by redesignating paragraph (5) as paragraph (6);
       (C) in paragraph (6), as so redesignated, by striking 
     ``paragraph (4)'' and inserting ``paragraph (4) or (5)''; and
       (D) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) in the case of the recommendations with respect to 
     section 315, 180 days after the date of enactment of such 
     section; and''.
       (3) Clerical amendments.--The table of contents of such 
     Act, as amended by section 1031(c), section 1044(b), section 
     1101(c), section 1102(c), section 1103(a), section 1104(c), 
     section 1201(c), section 1301(a), section 1302(a), section 
     1303(b), and section 1305(b), is amended--
       (A) by redesignating the items relating to sections 315 and 
     316 as relating to sections 316 and 317, respectively; and
       (B) by inserting after the item relating to section 314 the 
     following new item:

``Sec. 315. Ensuring equitable and efficient operation of polling 
              places.''.
       (b) Study of Methods to Enforce Fair and Equitable Waiting 
     Times.--
       (1) Study.--The Election Assistance Commission and the 
     Comptroller General of the United States shall conduct a 
     joint study of the effectiveness of various methods of 
     enforcing the requirements of section 315(a) of the Help 
     America Vote Act of 2002, as added by subsection (a), 
     including methods of best allocating resources to 
     jurisdictions which have had the most difficulty in providing 
     a fair and equitable waiting time at polling places to all 
     voters, and to communities of color in particular.
       (2) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Election Assistance Commission and 
     the Comptroller General of the United States shall publish 
     and submit to Congress a report on the study conducted under 
     paragraph (1).

     SEC. 1607. PROHIBITING STATES FROM RESTRICTING CURBSIDE 
                   VOTING.

       (a) Requirement.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a), section 1044(a), section 1101(a), 
     section 1102(a), section 1103(a), section 1104(a), section 
     1201(a), section 1301(a), section 1302(a), section 1303(b), 
     section 1305(a), and section 1606(a)(1), is amended--
       (1) by redesignating sections 316 and 317 as sections 317 
     and 318, respectively; and
       (2) by inserting after section 315 the following new 
     section:

     ``SEC. 316. PROHIBITING STATES FROM RESTRICTING CURBSIDE 
                   VOTING.

       ``(a) Prohibition.--A State may not--
       ``(1) prohibit any jurisdiction administering an election 
     for Federal office in the State from utilizing curbside 
     voting as a method by which individuals may cast ballots in 
     the election; or
       ``(2) impose any restrictions which would exclude any 
     individual who is eligible to vote in such an election in a 
     jurisdiction which utilizes curbside voting from casting a 
     ballot in the election by such method.
       ``(b) Effective Date.--This section shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2026 and each succeeding 
     election for Federal office.''.
       (b) Clerical Amendments.--The table of contents of such 
     Act, as amended by section 1031(c), section 1044(b), section 
     1101(c), section 1102(c), section 1103(a), section 1104(c), 
     section 1201(c), section 1301(a), section 1302(a), section 
     1303(b), section 1305(a), and section 1606(a)(3), is 
     amended--
       (1) by redesignating the items relating to sections 316 and 
     317 as relating to sections 317 and 318, respectively; and
       (2) by inserting after the item relating to section 315 the 
     following new item:

``Sec. 316. Prohibiting States from restricting curbside voting.''.

  PART 2--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION

     SEC. 1611. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.

       Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 
     20930) is amended--
       (1) by striking ``for each of the fiscal years 2003 through 
     2005'' and inserting ``for fiscal year 2026 and each 
     succeeding fiscal year''; and
       (2) by striking ``(but not to exceed $10,000,000 for each 
     such year)''.

     SEC. 1612. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION 
                   ASSISTANCE COMMISSION.

       (a) Assessment of Information Technology and 
     Cybersecurity.--Not later than June 30, 2026, the Election 
     Assistance Commission shall carry out an assessment of the 
     security and effectiveness of the Commission's information 
     technology systems, including the cybersecurity of such 
     systems.
       (b) Improvements to Administrative Complaint Procedures.--
       (1) Review of procedures.--The Election Assistance 
     Commission shall carry out a review of the effectiveness and 
     efficiency of the State-based administrative complaint 
     procedures established and maintained under section 402 of 
     the Help America Vote Act of 2002 (52 U.S.C. 21112) for the 
     investigation and resolution of allegations of violations of 
     title III of such Act.
       (2) Recommendations to streamline procedures.--Not later 
     than June 30, 2026, the Commission shall submit to Congress a 
     report on the review carried out under paragraph (1), and 
     shall include in the report such recommendations as the 
     Commission considers appropriate to streamline and improve 
     the procedures which are the subject of the review.

[[Page S4447]]

  


     SEC. 1613. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE 
                   COMMISSION FROM CERTAIN GOVERNMENT CONTRACTING 
                   REQUIREMENTS.

       (a) In General.--Section 205 of the Help America Vote Act 
     of 2002 (52 U.S.C. 20925) is amended by striking subsection 
     (e).
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to contracts entered into by the 
     Election Assistance Commission on or after the date of 
     enactment of this Act.

                    PART 3--MISCELLANEOUS PROVISIONS

     SEC. 1621. DEFINITION OF ELECTION FOR FEDERAL OFFICE.

       (a) Definition.--Title IX of the Help America Vote Act of 
     2002 (52 U.S.C. 21141 et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED.

       ``For purposes of titles I through III, the term `election 
     for Federal office' means a general, special, primary, or 
     runoff election for the office of President or Vice 
     President, or of Senator or Representative in, or Delegate or 
     Resident Commissioner to, the Congress.''.
       (b) Clerical Amendment.--The table of contents of such Act 
     is amended by adding at the end of the items relating to 
     title IX the following new item:

``Sec. 907. Election for Federal office defined.''.

     SEC. 1622. NO EFFECT ON OTHER LAWS.

       (a) In General.--Except as specifically provided, nothing 
     in this title may be construed to authorize or require 
     conduct prohibited under any of the following laws, or to 
     supersede, restrict, or limit the application of such laws:
       (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et 
     seq.).
       (2) The Voting Accessibility for the Elderly and 
     Handicapped Act (52 U.S.C. 20101 et seq.).
       (3) The Uniformed and Overseas Citizens Absentee Voting Act 
     (52 U.S.C. 20301 et seq.).
       (4) The National Voter Registration Act of 1993 (52 U.S.C. 
     20501 et seq.).
       (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.).
       (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
       (b) No Effect on Preclearance or Other Requirements Under 
     Voting Rights Act.--The approval by any person of a payment 
     or grant application under this title, or any other action 
     taken by any person under this title, shall not be considered 
     to have any effect on requirements for preclearance under 
     section 5 of the Voting Rights Act of 1965 (52 U.S.C. 10304) 
     or any other requirements of such Act.
       (c) No Effect on Authority of States to Provide Greater 
     Opportunities for Voting.--Nothing in this title or the 
     amendments made by this title may be construed to prohibit 
     any State from enacting any law which provides greater 
     opportunities for individuals to register to vote and to vote 
     in elections for Federal office than are provided by this 
     title and the amendments made by this title.

     SEC. 1623. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT 
                   VOTER REGISTRATION.

       To the extent that any provision of this title or any 
     amendment made by this title imposes a requirement on a State 
     relating to registering individuals to vote in elections for 
     Federal office, such provision shall not apply in the case of 
     any State in which, under law that is in effect continuously 
     on and after the date of enactment of this Act, there is no 
     voter registration requirement for any voter in the State 
     with respect to an election for Federal office.

     SEC. 1624. CLARIFICATION OF EXEMPTION FOR STATES WHICH DO NOT 
                   COLLECT TELEPHONE INFORMATION.

       (a) Amendment to Help America Vote Act of 2002.--Subtitle A 
     of title III of the Help America Vote Act of 2002 (52 U.S.C. 
     21081 et seq.), as amended by section 1031(a), section 
     1044(a), section 1101(a), section 1102(a), section 1103(a), 
     section 1104(a), section 1201(a), section 1301(a), section 
     1302(a), section 1303(b), section 1305(a), section 
     1606(a)(1), and section 1607(a), is amended--
       (1) by redesignating sections 317 and 318 as sections 318 
     and 319, respectively; and
       (2) by inserting after section 316 the following new 
     section:

     ``SEC. 317. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH 
                   DO NOT COLLECT TELEPHONE INFORMATION.

       ``(a) In General.--To the extent that any provision of this 
     title imposes a requirement on a State or jurisdiction 
     relating to contacting voters by telephone, such provision 
     shall not apply in the case of any State which continuously 
     on and after the date of enactment of this Act, does not 
     collect telephone numbers for voters as part of voter 
     registration in the State with respect to an election for 
     Federal office.
       ``(b) Exception.--Subsection (a) shall not apply in any 
     case in which the voter has voluntarily provided telephone 
     information.''.
       (b) Clerical Amendments.--The table of contents of such 
     Act, as amended by section 1031(c), section 1044(b), section 
     1101(c), section 1102(c), section 1103(a), section 1104(c), 
     section 1201(c), section 1301(a), section 1302(a), section 
     1303(b), section 1305(a), section 1606(a)(3), and section 
     1607(b), is amended--
       (1) by redesignating the items relating to sections 317 and 
     318 as relating to sections 318 and 319, respectively; and
       (2) by inserting after the item relating to section 316 the 
     following new item:

``Sec. 317. Application of certain provisions to States which do not 
              collect telephone information.''.

                   Subtitle H--Democracy Restoration

     SEC. 1701. SHORT TITLE.

       This subtitle may be cited as the ``Democracy Restoration 
     Act of 2024''.

     SEC. 1702. FINDINGS.

       Congress makes the following findings:
       (1) The right to vote is the most basic constitutive act of 
     citizenship. Regaining the right to vote reintegrates 
     individuals with criminal convictions into free society, 
     helping to enhance public safety.
       (2) Article I, section 4, of the Constitution grants 
     Congress ultimate supervisory power over Federal elections, 
     an authority which has repeatedly been upheld by the United 
     States Supreme Court.
       (3) Basic constitutional principles of fairness and equal 
     protection require an equal opportunity for citizens of the 
     United States to vote in Federal elections. The right to vote 
     may not be abridged or denied by the United States or by any 
     State on account of race, color, gender, or previous 
     condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 
     26th Amendments to the Constitution empower Congress to enact 
     measures to protect the right to vote in Federal elections. 
     The 8th Amendment to the Constitution provides for no 
     excessive bail to be required, nor excessive fines imposed, 
     nor cruel and unusual punishments inflicted.
       (4) There are 3 areas in which discrepancies in State laws 
     regarding criminal convictions lead to unfairness in Federal 
     elections--
       (A) the lack of a uniform standard for voting in Federal 
     elections leads to an unfair disparity and unequal 
     participation in Federal elections based solely on where a 
     person lives;
       (B) laws governing the restoration of voting rights after a 
     criminal conviction vary throughout the country and persons 
     in some States can easily regain their voting rights while in 
     other States persons effectively lose their right to vote 
     permanently; and
       (C) State disenfranchisement laws disproportionately impact 
     racial and ethnic minorities.
       (5) State disenfranchisement laws vary widely. Two States 
     (Maine and Vermont) and the Commonwealth of Puerto Rico do 
     not disenfranchise individuals with criminal convictions at 
     all. In 2020, the District of Columbia re-enfranchised its 
     citizens who are under the supervision of the Federal Bureau 
     of Prisons. Twenty-five States disenfranchise certain 
     individuals on felony probation or parole. During 2023, 
     lawmakers in Minnesota and New Mexico expanded voting rights 
     to citizens on felony probation and parole. In 11 States, a 
     conviction for certain offenses can result in lifetime 
     disenfranchisement.
       (6) Several States deny the right to vote to individuals 
     convicted of certain misdemeanors.
       (7) In 2022, over 4,600,000 citizens of the United States, 
     or about 1 in 50 adults in the United States, could not vote 
     as a result of a felony conviction. Of the 4,600,000 citizens 
     barred from voting then, only 23 percent were in prison or 
     jail. By contrast, 75 percent of persons disenfranchised then 
     resided in their communities while on probation or parole or 
     after having completed their sentences. Approximately 
     2,200,000 citizens who had completed their sentences were 
     disenfranchised due to restrictive State laws. Over 930,000 
     Floridians who completed their sentence remain 
     disenfranchised because of a pay-to-vote requirement that was 
     enacted by Florida lawmakers in 2019 to undermine the impact 
     of a 2018 ballot initiative that eliminated the lifetime ban 
     for persons with certain felony convictions. In 3 States--
     Alabama, Mississippi, and Tennessee--more than 8 percent of 
     the total population is disenfranchised.
       (8) In those States that disenfranchise individuals post-
     sentence, the right to vote can be regained in theory, but in 
     practice this possibility is often granted in a non-uniform 
     and potentially discriminatory manner. Disenfranchised 
     individuals sometimes must either obtain a pardon or an order 
     from the Governor or an action by the parole or pardon board, 
     depending on the offense and State. Financial restrictions 
     may also inhibit individuals who have completed their 
     sentences from re-enfranchisement. Individuals convicted of a 
     Federal offense often have additional barriers to regaining 
     voting rights.
       (9) Many felony disenfranchisement laws today derive 
     directly from post-Civil War efforts to stifle the Fourteenth 
     and Fifteenth Amendments. Between 1865 and 1880, at least 14 
     States--Alabama, Arkansas, Colorado, Florida, Georgia, 
     Illinois, Mississippi, Missouri, Nebraska, New York, North 
     Carolina, South Carolina, Tennessee, and Texas--enacted or 
     expanded their felony disenfranchisement laws. One of the 
     primary goals of these laws was to prevent African Americans 
     from voting. Of the States that enacted or expanded their 
     felony disenfranchisement laws during this post-Civil War 
     period, at least 11 continue to preclude persons on felony 
     probation or parole from voting.
       (10) State disenfranchisement laws disproportionately 
     impact racial and ethnic minorities. In recent years, African 
     Americans have been imprisoned at over 5 times the rate of 
     Whites. More than 6 percent of the voting-age African-
     American population, or 1,800,000 African Americans, are 
     disenfranchised due to a felony conviction. In 9 States--
     Alabama (16 percent), Arizona

[[Page S4448]]

     (13 percent), Florida (15 percent), Kentucky (15 percent), 
     Mississippi (16 percent), South Dakota (14 percent), 
     Tennessee (21 percent), Virginia (16 percent), and Wyoming 
     (36 percent)--more than 1 in 8 African Americans are unable 
     to vote because of a felony conviction, twice the national 
     average for African Americans.
       (11) Latino citizens are also disproportionately 
     disenfranchised based upon their disproportionate 
     representation in the criminal justice system. Although data 
     on ethnicity in correctional populations are unevenly 
     reported and undercounted in some States, a conservative 
     estimate is that at least 506,000 Latino Americans or 1.7 
     percent of the voting-age population are disenfranchised. In 
     31 States Latinos are disenfranchised at a higher rate than 
     the general population. In Arizona and Tennessee over 6 
     percent of Latino voters are disenfranchised due to a felony 
     conviction.
       (12) Women have been significantly impacted by mass 
     incarceration since the early 1980s. Approximately 1,000,000 
     women were disenfranchised in 2022, comprising over 20 
     percent of the total disenfranchised population.
       (13) Disenfranchising citizens who have been convicted of a 
     criminal offense and who are living and working in the 
     community serves no compelling State interest and hinders 
     their rehabilitation and reintegration into society. Models 
     of successful re-entry for persons convicted of a crime 
     emphasize the importance of community ties, feeling vested 
     and integrated, and prosocial attitudes. Individuals with 
     criminal convictions who succeed in avoiding recidivism are 
     typically more likely to see themselves as law-abiding 
     members of the community. Restoration of voting rights builds 
     those qualities and facilitates reintegration into the 
     community. That is why allowing citizens with criminal 
     convictions who are living in a community to vote is 
     correlated with a lower likelihood of recidivism. Restoration 
     of voting rights thus reduces violence and protects public 
     safety.
       (14) State disenfranchisement laws can suppress electoral 
     participation among eligible voters by discouraging voting 
     among family and community members of disenfranchised 
     persons. Future electoral participation by the children of 
     disenfranchised parents may be impacted as well.
       (15) The United States is one of the only Western 
     democracies that permits the permanent denial of voting 
     rights for individuals with felony convictions.
       (16) The Eighth Amendment's prohibition on cruel and 
     unusual punishments ``guarantees individuals the right not to 
     be subjected to excessive sanctions.'' (Roper v. Simmons, 543 
     U.S. 551, 560 (2005)). That right stems from the basic 
     precept of justice ``that punishment for crime should be 
     graduated and proportioned to [the] offense.'' Id. (quoting 
     Weems v. United States, 217 U.S. 349, 367 (1910)). As the 
     Supreme Court has long recognized, ``[t]he concept of 
     proportionality is central to the Eighth Amendment.'' (Graham 
     v. Florida, 560 U.S. 48, 59 (2010)). Many State 
     disenfranchisement laws are grossly disproportional to the 
     offenses that lead to disenfranchisement and thus violate the 
     bar on cruel and unusual punishments. For example, a number 
     of States mandate lifetime disenfranchisement for a single 
     felony conviction or just two felony convictions, even where 
     the convictions were for non-violent offenses. In numerous 
     other States, disenfranchisement can last years or even 
     decades while individuals remain on probation or parole, 
     often only because a person cannot pay their legal financial 
     obligations. These kinds of extreme voting bans run afoul of 
     the Eighth Amendment.
       (17) The Twenty-Fourth Amendment provides that the right to 
     vote ``shall not be denied or abridged by the United States 
     or any State by reason of failure to pay any poll tax or 
     other tax.'' Section 2 of the Twenty-Fourth Amendment gives 
     Congress the power to enforce this article by appropriate 
     legislation. Court fines and fees that individuals must pay 
     to have their voting rights restored constitute an ``other 
     tax'' for purposes of the Twenty-Fourth Amendment. At least 
     five States explicitly require the payment of fines and fees 
     before individuals with felony convictions can have their 
     voting rights restored. More than 20 other States effectively 
     tie the right to vote to the payment of fines and fees, by 
     requiring that individuals complete their probation or parole 
     before their rights are restored. In these States, the non-
     payment of fines and fees is a basis on which probation or 
     parole can be extended. Moreover, these States sometimes do 
     not record the basis on which an individual's probation or 
     parole was extended, making it impossible to determine from 
     the State's records whether non-payment of fines and fees is 
     the reason that an individual remains on probation or parole. 
     For these reasons, the only way to ensure that States do not 
     deny the right to vote based solely on non-payment of fines 
     and fees is to prevent States from conditioning voting rights 
     on the completion of probation or parole.

     SEC. 1703. RIGHTS OF CITIZENS.

       The right of an individual who is a citizen of the United 
     States to vote in any election for Federal office shall not 
     be denied or abridged because that individual has been 
     convicted of a criminal offense unless such individual is 
     serving a felony sentence in a correctional institution or 
     facility at the time of the election.

     SEC. 1704. ENFORCEMENT.

       (a) Attorney General.--The Attorney General may, in a civil 
     action, obtain such declaratory or injunctive relief as is 
     necessary to remedy a violation of this subtitle.
       (b) Private Right of Action.--
       (1) In general.--A person who is aggrieved by a violation 
     of this subtitle may provide written notice of the violation 
     to the chief election official of the State involved.
       (2) Relief.--Except as provided in paragraph (3), if the 
     violation is not corrected within 90 days after receipt of a 
     notice under paragraph (1), or within 20 days after receipt 
     of the notice if the violation occurred within 120 days 
     before the date of an election for Federal office, the 
     aggrieved person may, in a civil action, obtain declaratory 
     or injunctive relief with respect to the violation.
       (3) Exception.--If the violation occurred within 30 days 
     before the date of an election for Federal office, the 
     aggrieved person need not provide notice to the chief 
     election official of the State under paragraph (1) before 
     bringing a civil action to obtain declaratory or injunctive 
     relief with respect to the violation.

     SEC. 1705. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

       (a) State Notification.--
       (1) Notification.--On the date determined under paragraph 
     (2), each State shall notify in writing any individual who 
     has been convicted of a criminal offense under the law of 
     that State that such individual has the right to vote in an 
     election for Federal office pursuant to the Democracy 
     Restoration Act of 2024 and may register to vote in any such 
     election and provide such individuals with any materials that 
     are necessary to register to vote in any such election.
       (2) Date of notification.--
       (A) Felony conviction.--In the case of such an individual 
     who has been convicted of a felony, the notification required 
     under paragraph (1) shall be given on the date on which the 
     individual--
       (i) is sentenced to serve only a term of probation; or
       (ii) is released from the custody of that State (other than 
     to the custody of another State or the Federal Government to 
     serve a term of imprisonment for a felony conviction).
       (B) Misdemeanor conviction.--In the case of such an 
     individual who has been convicted of a misdemeanor, the 
     notification required under paragraph (1) shall be given on 
     the date on which such individual is sentenced by a State 
     court.
       (b) Federal Notification.--
       (1) Notification.--Any individual who has been convicted of 
     a criminal offense under Federal law shall be notified in 
     accordance with paragraph (2) that such individual has the 
     right to vote in an election for Federal office pursuant to 
     the Democracy Restoration Act of 2024 and may register to 
     vote in any such election.
       (2) Date of notification.--
       (A) Felony conviction.--In the case of such an individual 
     who has been convicted of a felony, the notification required 
     under paragraph (1) shall be given--
       (i) in the case of an individual who is sentenced to serve 
     only a term of probation, by the Assistant Director for the 
     Office of Probation and Pretrial Services of the 
     Administrative Office of the United States Courts on the date 
     on which the individual is sentenced; or
       (ii) in the case of any individual committed to the custody 
     of the Bureau of Prisons, by the Director of the Bureau of 
     Prisons, during the period beginning on the date that is 6 
     months before such individual is released and ending on the 
     date such individual is released from the custody of the 
     Bureau of Prisons.
       (B) Misdemeanor conviction.--In the case of such an 
     individual who has been convicted of a misdemeanor, the 
     notification required under paragraph (1) shall be given on 
     the date on which such individual is sentenced by a court 
     established by an Act of Congress.

     SEC. 1706. DEFINITIONS.

       For purposes of this subtitle:
       (1) Correctional institution or facility.--The term 
     ``correctional institution or facility'' means any prison, 
     penitentiary, jail, or other institution or facility for the 
     confinement of individuals convicted of criminal offenses, 
     whether publicly or privately operated, except that such term 
     does not include any residential community treatment center 
     (or similar public or private facility).
       (2) Election.--The term ``election'' means--
       (A) a general, special, primary, or runoff election;
       (B) a convention or caucus of a political party held to 
     nominate a candidate;
       (C) a primary election held for the selection of delegates 
     to a national nominating convention of a political party; or
       (D) a primary election held for the expression of a 
     preference for the nomination of persons for election to the 
     office of President.
       (3) Federal office.--The term ``Federal office'' means the 
     office of President or Vice President of the United States, 
     or of Senator or Representative in, or Delegate or Resident 
     Commissioner to, the Congress of the United States.
       (4) Probation.--The term ``probation'' means probation, 
     imposed by a Federal, State, or local court, with or without 
     a condition on the individual involved concerning--

[[Page S4449]]

       (A) the individual's freedom of movement;
       (B) the payment of damages by the individual;
       (C) periodic reporting by the individual to an officer of 
     the court; or
       (D) supervision of the individual by an officer of the 
     court.

     SEC. 1707. RELATION TO OTHER LAWS.

       (a) State Laws Relating to Voting Rights.--Nothing in this 
     division shall be construed to prohibit any State from 
     enacting any State law which affords the right to vote in any 
     election for Federal office on terms less restrictive than 
     those established by this division.
       (b) Certain Federal Acts.--The rights and remedies 
     established by this subtitle are in addition to all other 
     rights and remedies provided by law, and neither rights and 
     remedies established by this subtitle shall supersede, 
     restrict, or limit the application of the Voting Rights Act 
     of 1965 (52 U.S.C. 10301 et seq.), the National Voter 
     Registration Act (52 U.S.C. 20501), or the Help America Vote 
     Act of 2002 (52 U.S.C. 20901 et seq.).

     SEC. 1708. FEDERAL PRISON FUNDS.

       No State, unit of local government, or other person may 
     receive or use, to construct or otherwise improve a prison, 
     jail, or other place of incarceration, any Federal funds 
     unless that State, unit of local government, or person--
       (1) is in compliance with section 1703; and
       (2) has in effect a program under which each individual 
     incarcerated in that person's jurisdiction who is a citizen 
     of the United States is notified, upon release from such 
     incarceration, of that individual's rights under section 
     1703.

     SEC. 1709. EFFECTIVE DATE.

       This subtitle shall apply to citizens of the United States 
     voting in any election for Federal office held on or after 
     the date of enactment of this Act.

      Subtitle I--Voter Identification and Allowable Alternatives

     SEC. 1801. REQUIREMENTS FOR VOTER IDENTIFICATION.

       (a) Requirement to Provide Identification as Condition of 
     Receiving Ballot.--Section 303 of the Help America Vote Act 
     of 2002 (52 U.S.C. 21083) is amended by redesignating 
     subsections (c) and (d) as subsections (d) and (e), 
     respectively, and by inserting after subsection (b) the 
     following new subsection:
       ``(c) Voter Identification Requirements.--
       ``(1) Voter identification requirement defined.--For 
     purposes of this subsection:
       ``(A) In general.--The term `voter identification 
     requirement' means any requirement that an individual 
     desiring to vote in person in an election for Federal office 
     present identification as a requirement to receive or cast a 
     ballot in person in such election.
       ``(B) Exception.--Such term does not include any 
     requirement described in subsection (b)(2)(A) as applied with 
     respect to an individual described in subsection (b)(1).
       ``(2) In general.--If a State or local jurisdiction has a 
     voter identification requirement, the State or local 
     jurisdiction--
       ``(A) shall treat any applicable identifying document as 
     meeting such voter identification requirement;
       ``(B) notwithstanding the failure to present an applicable 
     identifying document, shall treat an individual desiring to 
     vote in person in an election for Federal office as meeting 
     such voter identification requirement if--
       ``(i) the individual presents the appropriate State or 
     local election official with a sworn written statement, 
     signed in the presence of the official by an adult who has 
     known the individual for not less than 6 months under penalty 
     of perjury, attesting to the individual's identity;
       ``(ii) the official has known the individual for at least 
     six months; or
       ``(iii) in the case of a resident of a State-licensed care 
     facility, an employee of the facility confirms the 
     individual's identity; and
       ``(C) shall permit any individual desiring to vote in an 
     election for Federal office who does not present an 
     applicable identifying document required under subparagraph 
     (A) or qualify for an exception under subparagraph (B) to 
     cast a provisional ballot with respect to the election under 
     section 302(a) in accordance with paragraph (3).
       ``(3) Rules for provisional ballot.--
       ``(A) In general.--An individual may cast a provisional 
     ballot pursuant to paragraph (2)(C) so long as the individual 
     presents the appropriate State or local election official 
     with a sworn written statement, signed by the individual 
     under penalty of perjury, attesting to the individual's 
     identity.
       ``(B) Prohibition on other requirements.--Except as 
     otherwise provided this paragraph, a State or local 
     jurisdiction may not impose any other additional requirement 
     or condition with respect to the casting of a provisional 
     ballot by an individual described in paragraph (2)(C).
       ``(C) Counting of provisional ballot.--In the case of a 
     provisional ballot cast pursuant to paragraph (2)(C), the 
     appropriate State or local election official shall not make a 
     determination under section 302(a)(4) that the individual is 
     eligible under State law to vote in the election unless--
       ``(i) the official determines that the signature on such 
     statement matches the signature of such individual on the 
     official list of registered voters in the State or other 
     official record or document used by the State to verify the 
     signatures of voters; or
       ``(ii) not later than 10 days after casting the provisional 
     ballot, the individual presents an applicable identifying 
     document, either in person or by electronic methods, to the 
     official and the official confirms the individual is the 
     person identified on the applicable identifying document.
       ``(D) Notice and opportunity to cure discrepancy in 
     signatures or other defects on provisional ballots.--
       ``(i) Notice and opportunity to cure discrepancy in 
     signatures.--If an individual casts a provisional ballot 
     under this paragraph and the appropriate State or local 
     election official determines that a discrepancy exists 
     between the signature on such ballot and the signature of 
     such individual on the official list of registered voters in 
     the State or other official record or document used by the 
     State to verify the signatures of voters, such election 
     official, prior to making a final determination as to the 
     validity of such ballot, shall--

       ``(I) as soon as practical, but not later than the next 
     business day after such determination is made, make a good 
     faith effort to notify the individual by mail, telephone, and 
     (if available) text message and electronic mail that--

       ``(aa) a discrepancy exists between the signature on such 
     ballot and the signature of the individual on the official 
     list of registered voters in the State or other official 
     record or document used by the State to verify the signatures 
     of voters; and
       ``(bb) if such discrepancy is not cured prior to the 
     expiration of the third day following the State's deadline 
     for receiving mail-in ballots or absentee ballots, such 
     ballot will not be counted; and

       ``(II) cure such discrepancy and count the ballot if, prior 
     to the expiration of the third day following the State's 
     deadline for receiving mail-in ballots or absentee ballots, 
     the individual provides the official with information to cure 
     such discrepancy, either in person, by telephone, or by 
     electronic methods.

       ``(ii) Notice and opportunity to cure other defects.--If an 
     individual casts a provisional ballot under this paragraph 
     with a defect which, if left uncured, would cause the ballot 
     to not be counted, the appropriate State or local election 
     official, prior to making a final determination as to the 
     validity of the ballot, shall--

       ``(I) as soon as practical, but not later than the next 
     business day after such determination is made, make a good 
     faith effort to notify the individual by mail, telephone, and 
     (if available) text message and electronic mail that--

       ``(aa) the ballot has some defect; and
       ``(bb) if the individual does not cure the other defect 
     prior to the expiration of the third day following the 
     State's deadline for receiving mail-in ballots or absentee 
     ballots, such ballot will not be counted; and

       ``(II) count the ballot if, prior to the expiration of the 
     third day following the State's deadline for receiving mail-
     in ballots or absentee ballots, the individual cures the 
     defect.

       ``(E) No exemption.--Notwithstanding section 302(a), States 
     described in section 4(b) of the National Voter Registration 
     Act of 1993 shall be required to meet the requirements of 
     paragraph (2)(C).
       ``(F) Rule of construction.--
       ``(i) In general.--Nothing in paragraph (2)(C) or this 
     paragraph shall be construed to prevent a State from 
     permitting an individual who provides a sworn statement 
     described in subparagraph (A) to cast a regular ballot in 
     lieu of a provisional ballot.
       ``(ii) Regular ballot.--For purpose of this subparagraph, 
     the term `regular ballot' means a ballot which is cast and 
     counted in same manner as ballots cast by individuals meeting 
     the voter identification requirement (and all other 
     applicable requirements with respect to voting in the 
     election).
       ``(4) Development and use of pre-printed version of 
     statement by commission.--
       ``(A) In general.--The Commission shall develop pre-printed 
     versions of the statements described in paragraphs (2)(B)(i) 
     and (3)(A) which include appropriate blank spaces for the 
     provision of names and signatures.
       ``(B) Providing pre-printed copy of statement.--Each State 
     and jurisdiction that has a voter identification requirement 
     shall make copies of the pre-printed version of the statement 
     developed under subparagraph (A) available at polling places 
     for use by individuals voting in person.
       ``(5) Required provision of identifying documents.--
       ``(A) In general.--Each State and jurisdiction that has a 
     voter identification requirement shall--
       ``(i) for each individual who, on or after the applicable 
     date, is registered to vote in such State or jurisdiction in 
     elections for Federal office, provide the individual with a 
     government-issued identification that meets the requirements 
     of this subsection without charge;
       ``(ii) for each individual who, before the applicable date, 
     was registered to vote in such State or jurisdiction in 
     elections for Federal office but does not otherwise possess 
     an identifying document, provide the individual with a 
     government-issued identification that meets the requirements 
     of this subsection without charge, so long as the State 
     provides the individual with reasonable opportunities to 
     obtain such identification prior to the date of the election; 
     and
       ``(iii) for each individual who is provided with an 
     identification under clause (i) or clause (ii), provide the 
     individual with such

[[Page S4450]]

     assistance without charge upon request as may be necessary to 
     enable the individual to obtain and process any documentation 
     necessary to obtain the identification.
       ``(B) Applicable date.--For purposes of this paragraph, the 
     term `applicable date' means the later of--
       ``(i) January 1, 2026, or
       ``(ii) the first date after the date of enactment of this 
     subsection for which the State or local jurisdiction has in 
     effect a voter identification requirement.
       ``(6) Applicable identifying document.--For purposes of 
     this subsection--
       ``(A) In general.--The term `applicable identifying 
     document' means, with respect to any individual, any document 
     issued to such individual containing the individual's name.
       ``(B) Included documents.--The term `applicable identifying 
     document' shall include any of the following (so long as such 
     document is not expired, as indicated by an expiration date 
     included on the document):
       ``(i) A valid driver's license or an identification card 
     issued by a State, the Federal Government, or a State or 
     federally recognized Tribal government.
       ``(ii) A State-issued identification described in paragraph 
     (4).
       ``(iii) A valid United States passport or passport card.
       ``(iv) A valid employee identification card issued by--

       ``(I) any branch, department, agency, or entity of the 
     United States Government or of any State,
       ``(II) any State or federally recognized Tribal government, 
     or
       ``(III) any county, municipality, board, authority, or 
     other political subdivision of a State.

       ``(v) A valid student identification card issued by an 
     institution of higher education, or a valid high school 
     identification card issued by a State-accredited high school.
       ``(vi) A valid military identification card issued by the 
     United States.
       ``(vii) A valid gun license or concealed carry permit.
       ``(viii) A valid Medicare card or Social Security card.
       ``(ix) A valid birth certificate.
       ``(x) A valid voter registration card.
       ``(xi) A valid hunting or fishing license issued by a 
     State.
       ``(xii) A valid identification card issued to the 
     individual by the Supplemental Nutrition Assistance (SNAP) 
     program.
       ``(xiii) A valid identification card issued to the 
     individual by the Temporary Assistance for Needy Families 
     (TANF) program.
       ``(xiv) A valid identification card issued to the 
     individual by Medicaid.
       ``(xv) A valid bank card or valid debit card.
       ``(xvi) A valid utility bill issued within six months of 
     the date of the election.
       ``(xvii) A valid lease or mortgage document issued within 
     six months of the date of the election.
       ``(xviii) A valid bank statement issued within six months 
     of the date of the election.
       ``(xix) A valid health insurance card issued to the voter.
       ``(xx) Any other document containing the individual's name 
     issued by--

       ``(I) any branch, department, agency, or entity of the 
     United States Government or of any State;
       ``(II) any State or federally recognized tribal government; 
     or
       ``(III) any county, municipality, board, authority, or 
     other political subdivision of a State.

       ``(C) Copies and electronic documents accepted.--The term 
     `applicable identifying document' includes--
       ``(i) any copy of a document described in subparagraph (A) 
     or (B); and
       ``(ii) any document described in subparagraph (A) or (B) 
     which is presented in electronic format.''.
       (b) Payments to States to Cover Costs of Required 
     Identification Documents.--
       (1) In general.--The Election Assistance Commission shall 
     make payments to States to cover the costs incurred in 
     providing identifications under section 303(c)(5) of the Help 
     America Vote Act of 2002, as amended by this section.
       (2) Amount of payment.--The amount of the payment made to a 
     State under this subsection for any year shall be equal to 
     the amount of fees which would have been collected by the 
     State during the year in providing the identifications 
     required under section 303(c)(5) of such Act if the State had 
     charged the usual and customary rates for such 
     identifications, as determined on the basis of information 
     furnished to the Commission by the State at such time and in 
     such form as the Commission may require.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated for payments under this subsection an 
     aggregate amount of $5,000,000 for fiscal year 2026 and each 
     of the 4 succeeding fiscal years.
       (c) Conforming Amendments.--Section 303(b)(2)(A) of the 
     Help America Vote Act of 2002 (52 U.S.C. 21083(b)(2)(A)) is 
     amended--
       (1) in clause (i), by striking ``in person'' and all that 
     follows and inserting ``in person, presents to the 
     appropriate State or local election official an applicable 
     identifying document (as defined in subsection (c)(6)); or''; 
     and
       (2) in clause (ii), by striking ``by mail'' and all that 
     follows and inserting ``by mail, submits with the ballot an 
     applicable identifying document (as so defined).''.
       (d) Definition.--For the purposes of this section, the term 
     ``State'' means each of the several States, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, American 
     Samoa, the United States Virgin Islands, and the Commonwealth 
     of the Northern Mariana Islands.
       (e) Effective Date.--Section 303(e) of such Act (52 U.S.C. 
     21083(d)(2)), as redesignated by subsection (a), is amended 
     by adding at the end the following new paragraph:
       ``(3) Voter identification requirements.--Each State and 
     jurisdiction shall be required to comply with the 
     requirements of subsection (c) with respect to elections for 
     Federal office held on or after January 1, 2026.''.

             Subtitle J--Voter List Maintenance Procedures

                    PART 1--VOTER CAGING PROHIBITED

     SEC. 1901. VOTER CAGING PROHIBITED.

       (a) Definitions.--In this section--
       (1) the term ``voter caging document'' means--
       (A) a non-forwardable document sent by any person other 
     than a State or local election official that is returned to 
     the sender or a third party as undelivered or undeliverable 
     despite an attempt to deliver such document to the address of 
     a registered voter or applicant; or
       (B) any document sent by any person other than a State or 
     local election official with instructions to an addressee 
     that the document be returned to the sender or a third party 
     but is not so returned, despite an attempt to deliver such 
     document to the address of a registered voter or applicant;
       (2) the term ``voter caging list'' means a list of 
     individuals compiled from voter caging documents; and
       (3) the term ``unverified match list'' means any list 
     produced by matching the information of registered voters or 
     applicants for voter registration to a list of individuals 
     who are ineligible to vote in the registrar's jurisdiction, 
     by virtue of death, conviction, change of address, or 
     otherwise, unless one of the pieces of information matched 
     includes a signature, photograph, or unique identifying 
     number ensuring that the information from each source refers 
     to the same individual.
       (b) Prohibition Against Voter Caging.--No State or local 
     election official shall prevent an individual from 
     registering or voting in any election for Federal office, or 
     permit in connection with any election for Federal office a 
     formal challenge under State law to an individual's 
     registration status or eligibility to vote, if the basis for 
     such decision is evidence consisting of--
       (1) a voter caging document or voter caging list;
       (2) an unverified match list;
       (3) an error or omission on any record or paper relating to 
     any application, registration, or other act requisite to 
     voting, if such error or omission is not material to an 
     individual's eligibility to vote under section 2004(a)(2)(B) 
     of the Revised Statutes (52 U.S.C. 10101(a)(2)(B)); or
       (4) any other evidence so designated for purposes of this 
     section by the Election Assistance Commission,
     except that the election official may use such evidence if it 
     is corroborated by independent evidence of the individual's 
     ineligibility to register or vote.
       (c) Enforcement.--
       (1) Civil enforcement.--
       (A) In general.--The Attorney General may bring a civil 
     action in an appropriate district court for such declaratory 
     or injunctive relief as is necessary to carry out this 
     section.
       (B) Private right of action.--
       (i) In general.--A person who is aggrieved by a violation 
     of this section may provide written notice of the violation 
     to the chief election official of the State involved.
       (ii) Relief.--Except as provided in clause (iii), if the 
     violation is not corrected within 90 days after receipt of a 
     notice under clause (i), or within 20 days after receipt of 
     the notice if the violation occurred within 120 days before 
     the date of an election for Federal office, the aggrieved 
     person may, in a civil action, obtain declaratory or 
     injunctive relief with respect to the violation.
       (iii) Exception.--If the violation occurred within 30 days 
     before the date of an election for Federal office, on the 
     date of the election, or after the date of the election but 
     prior to the completion of the canvass, the aggrieved person 
     need not provide notice under clause (i) before bringing a 
     civil action to obtain declaratory or injunctive relief with 
     respect to the violation.
       (2) Criminal penalty.--Whoever knowingly challenges the 
     eligibility of one or more individuals to register or vote or 
     knowingly causes the eligibility of such individuals to be 
     challenged in violation of this section with the intent that 
     one or more eligible voters be disqualified, shall be fined 
     under title 18, United States Code, or imprisoned not more 
     than 1 year, or both, for each such violation. Each violation 
     shall be a separate offense.
       (d) No Effect on Related Laws.--Nothing in this section is 
     intended to override the protections of the National Voter 
     Registration Act of 1993 (52 U.S.C. 20501 et seq.) or to 
     affect the Voting Rights Act of 1965 (52 U.S.C. 10301 et 
     seq.).

           PART 2--SAVING ELIGIBLE VOTERS FROM VOTER PURGING

     SEC. 1911. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF 
                   REGISTERED VOTERS.

       (a) Conditions Described.--The National Voter Registration 
     Act of 1993 (52 U.S.C.

[[Page S4451]]

     20501 et seq.) is amended by inserting after section 8 the 
     following new section:

     ``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL 
                   LIST OF REGISTERED VOTERS.

       ``(a) Verification on Basis of Objective and Reliable 
     Evidence of Ineligibility.--
       ``(1) Requiring verification.--Notwithstanding any other 
     provision of this Act, a State may not remove the name of any 
     registrant from the official list of voters eligible to vote 
     in elections for Federal office in the State unless the State 
     verifies, on the basis of objective and reliable evidence, 
     that the registrant is ineligible to vote in such elections.
       ``(2) Factors not considered as objective and reliable 
     evidence of ineligibility.--For purposes of paragraph (1), 
     except as permitted under section 8(d) after a notice 
     described in paragraph (2) of such section has been sent, the 
     following factors, or any combination thereof, shall not be 
     treated as objective and reliable evidence of a registrant's 
     ineligibility to vote:
       ``(A) The failure of the registrant to vote in any 
     election.
       ``(B) The failure of the registrant to respond to any 
     election mail, unless the election mail has been returned as 
     undeliverable.
       ``(C) The failure of the registrant to take any other 
     action with respect to voting in any election or with respect 
     to the registrant's status as a registrant.
       ``(3) Removal based on official records.--
       ``(A) In general.--Nothing in this section shall prohibit a 
     State from removing a registrant from the official list of 
     eligible voters in elections for Federal office if, on the 
     basis of official records maintained by the State, a State or 
     local election official knows, on the basis of objective and 
     reliable evidence, that the registrant has--
       ``(i) died; or
       ``(ii) permanently moved out of the State and is no longer 
     eligible to vote in the State.
       ``(B) Opportunity to demonstrate eligibility.--The State 
     shall provide a voter removed from the official list of 
     eligible voters in elections for Federal office under this 
     paragraph an opportunity to demonstrate that the registrant 
     is eligible to vote and be reinstated on the official list of 
     eligible voters in elections for Federal office in the State.
       ``(b) Notice After Removal.--
       ``(1) Notice to individual removed.--
       ``(A) In general.--Not later than 48 hours after a State 
     removes the name of a registrant from the official list of 
     eligible voters, the State shall send notice of the removal 
     to the former registrant, and shall include in the notice the 
     grounds for the removal and information on how the former 
     registrant may contest the removal or be reinstated, 
     including a telephone number for the appropriate election 
     official.
       ``(B) Exceptions.--Subparagraph (A) does not apply in the 
     case of a registrant--
       ``(i) who sends written confirmation to the State that the 
     registrant is no longer eligible to vote in the registrar's 
     jurisdiction in which the registrant was registered; or
       ``(ii) who is removed from the official list of eligible 
     voters by reason of the death of the registrant.
       ``(2) Public notice.--Not later than 48 hours after 
     conducting any general program to remove the names of 
     ineligible voters from the official list of eligible voters 
     (as described in section 8(a)(4)), the State shall 
     disseminate a public notice through such methods as may be 
     reasonable to reach the general public (including by 
     publishing the notice in a newspaper of wide circulation and 
     posting the notice on the websites of the appropriate 
     election officials) that list maintenance is taking place and 
     that registrants should check their registration status to 
     ensure no errors or mistakes have been made. The State shall 
     ensure that the public notice disseminated under this 
     paragraph is in a format that is reasonably convenient and 
     accessible to voters with disabilities, including voters who 
     have low vision or are blind.''.
       (b) Conditions for Transmission of Notices of Removal.--
     Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by 
     adding at the end the following new paragraph:
       ``(4) A State may not transmit a notice to a registrant 
     under this subsection unless the State obtains objective and 
     reliable evidence (in accordance with the standards for such 
     evidence which are described in section 8A(a)(2)) that the 
     registrant has changed residence to a place outside the 
     registrar's jurisdiction in which the registrant is 
     registered.''.
       (c) Conforming Amendments.--
       (1) National voter registration act of 1993.--Section 8(a) 
     of such Act (52 U.S.C. 20507(a)) is amended--
       (A) in paragraph (3), by striking ``provide'' and inserting 
     ``subject to section 8A, provide''; and
       (B) in paragraph (4), by striking ``conduct'' and inserting 
     ``subject to section 8A, conduct''.
       (2) Help america vote act of 2002.--Section 303(a)(4)(A) of 
     the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) 
     is amended by striking ``registrants'' the second place it 
     appears and inserting ``and subject to section 8A of such 
     Act, registrants''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.

                        Subtitle K--Severability

     SEC. 1921. SEVERABILITY.

       If any provision of this title or any amendment made by 
     this title, or the application of any such provision or 
     amendment to any person or circumstance, is held to be 
     unconstitutional, the remainder of this title, and the 
     application of such provision or amendment to any other 
     person or circumstance, shall not be affected by the holding.

                   SUBDIVISION 2--ELECTION INTEGRITY

       TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

     SEC. 2001. PROHIBITING HINDERING, INTERFERING WITH, OR 
                   PREVENTING VOTER REGISTRATION.

       (a) In General.--Chapter 29 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 612. Hindering, interfering with, or preventing 
       registering to vote

       ``(a) Prohibition.--It shall be unlawful for any person, 
     whether acting under color of law or otherwise, to corruptly 
     hinder, interfere with, or prevent another person from 
     registering to vote or to corruptly hinder, interfere with, 
     or prevent another person from aiding another person in 
     registering to vote.
       ``(b) Attempt.--Any person who attempts to commit any 
     offense described in subsection (a) shall be subject to the 
     same penalties as those prescribed for the offense that the 
     person attempted to commit.
       ``(c) Penalty.--Any person who violates subsection (a) 
     shall be fined under this title, imprisoned not more than 5 
     years, or both.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     29 of title 18, United States Code, is amended by adding at 
     the end the following new item:

``612. Hindering, interfering with, or preventing registering to 
              vote.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to elections held on or after the 
     date of the enactment of this Act, except that no person may 
     be found to have violated section 612 of title 18, United 
     States Code (as added by subsection (a)), on the basis of any 
     act occurring prior to the date of the enactment of this Act.

     SEC. 2002. ESTABLISHMENT OF BEST PRACTICES.

       (a) Best Practices.--Not later than 180 days after the date 
     of the enactment of this Act, the Attorney General shall 
     develop and publish recommendations for best practices for 
     States to use to deter and prevent violations of section 612 
     of title 18, United States Code (as added by section 2001), 
     and section 12 of the National Voter Registration Act of 1993 
     (52 U.S.C. 20511) (relating to the unlawful interference with 
     registering to vote, or voting, or attempting to register to 
     vote or vote), including practices to provide for the posting 
     of relevant information at polling places and voter 
     registration agencies under such Act, the training of poll 
     workers and election officials, and relevant educational 
     materials. For purposes of this subsection, the term 
     ``State'' includes the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands.
       (b) Inclusion in Voter Information Requirements.--Section 
     302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 
     21082(b)(2)) is amended--
       (1) by striking ``and'' at the end of subparagraph (E);
       (2) by striking the period at the end of subparagraph (F) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(G) information relating to the prohibitions of section 
     612 of title 18, United States Code, and section 12 of the 
     National Voter Registration Act of 1993 (52 U.S.C. 20511) 
     (relating to the unlawful interference with registering to 
     vote, or voting, or attempting to register to vote or vote), 
     including information on how individuals may report 
     allegations of violations of such prohibitions.''.

               TITLE III--PREVENTING ELECTION SUBVERSION

     Subtitle A--Restrictions on Removal of Election Administrators

     SEC. 3001. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION 
                   ADMINISTRATORS IN ADMINISTRATION OF ELECTIONS 
                   FOR FEDERAL OFFICE.

       (a) Findings.--Congress makes the following findings:
       (1) Congress has explicit and broad authority to regulate 
     the time, place, and manner of Federal elections under the 
     Elections Clause under article I, section 4, clause 1 of the 
     Constitution, including by establishing standards for the 
     fair, impartial, and uniform administration of Federal 
     elections by State and local officials.
       (2) The Elections Clause was understood from the framing of 
     the Constitution to contain ``words of great latitude,'' 
     granting Congress broad power over Federal elections and a 
     plenary right to preempt State regulation in this area. As 
     made clear at the Constitutional Convention and the State 
     ratification debates that followed, this grant of 
     congressional authority was meant to ``insure free and fair 
     elections,'' promote the uniform administration of Federal 
     elections, and ``preserve and restore to the people their 
     equal and sacred rights of election.''.
       (3) In the founding debates on the Elections Clause, many 
     delegates also argued that a broad grant of authority to 
     Congress over Federal elections was necessary to check any 
     ``abuses that might be made of the discretionary power'' to 
     regulate the time, place, and manner of elections granted the

[[Page S4452]]

     States, including attempts at partisan entrenchment, 
     malapportionment, and the exclusion of political minorities. 
     As the Supreme Court has recognized, the Elections Clause 
     empowers Congress to ``protect the elections on which its 
     existence depends,'' Ex parte Yarbrough, 110 U.S. 651, 658 
     (1884), and ``protect the citizen in the exercise of rights 
     conferred by the Constitution of the United States essential 
     to the healthy organization of the government itself,'' id. 
     at 666.
       (4) The Elections Clause grants Congress ``plenary and 
     paramount jurisdiction over the whole subject'' of Federal 
     elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), 
     allowing Congress to implement ``a complete code for 
     congressional elections.'' Smiley v.  Holm, 285 U.S. 355, 366 
     (1932). The Elections Clause, unlike, for example, the 
     Commerce Clause, has been found to grant Congress the 
     authority to compel States to alter their regulations as to 
     Federal elections, id. at 366-67, even if these alterations 
     would impose additional costs on the States to execute or 
     enforce. Association of Community Organizations for Reform 
     Now v. Miller, 129 F.3d 833 (6th Cir. 1997).
       (5) The phrase ``manner of holding elections'' in the 
     Elections Clause has been interpreted by the Supreme Court to 
     authorize Congress to regulate all aspects of the Federal 
     election process, including ``notices, registration, 
     supervision of voting, protection of voters, prevention of 
     fraud and corrupt practices, counting of votes, duties of 
     inspectors and canvassers, and the making and publication of 
     election returns.'' Smiley v.  Holm, 285 U.S. 355, 366 
     (1932).
       (6) The Supreme Court has recognized the broad 
     ``substantive scope'' of the Elections Clause and upheld 
     Federal laws promulgated thereunder regulating redistricting, 
     voter registration, campaign finance, primary elections, 
     recounts, party affiliation rules, and balloting.
       (7) The authority of Congress under the Elections Clause 
     also entails the power to ensure enforcement of its laws 
     regulating Federal elections. ``[I]f Congress has the power 
     to make regulations, it must have the power to enforce 
     them.'' Ex parte Siebold, 100 U.S. 371, 387 (1879). The 
     Supreme Court has noted that there can be no question that 
     Congress may impose additional penalties for offenses 
     committed by State officers in connection with Federal 
     elections even if they differ from the penalties prescribed 
     by State law for the same acts. Id. at 387-88.
       (8) The fair and impartial administration of Federal 
     elections by State and local officials is central to ``the 
     successful working of this government,'' Ex parte Yarbrough, 
     110 U.S. 651, 666 (1884), and to ``protect the act of voting 
     . . . and the election itself from corruption or fraud,'' id. 
     at 661-62.
       (9) The Elections Clause thus grants Congress the authority 
     to ensure that the administration of Federal elections is 
     free of political bias or discrimination and that election 
     officials are insulated from political influence or other 
     forms of coercion in discharging their duties in connection 
     with Federal elections.
       (10) In some States, oversight of local election 
     administrators has been allocated to State Election Boards, 
     or special commissions formed by those boards, that are 
     appointed by the prevailing political party in a State, as 
     opposed to nonpartisan or elected office holders.
       (11) In certain newly enacted State policies, these 
     appointed statewide election administrators have been granted 
     wide latitude to suspend or remove local election 
     administrators in cases where the statewide election 
     administrators identify whatever the State deems to be a 
     violation. There is no requirement that there be a finding of 
     intent by the local election administrator to commit the 
     violation.
       (12) Local election administrators across the country can 
     be suspended or removed according to different standards, 
     potentially exposing them to different political pressures or 
     biases that could result in uneven administration of Federal 
     elections.
       (13) The Elections Clause grants Congress the ultimate 
     authority to ensure that oversight of State and local 
     election administrators is fair and impartial in order to 
     ensure equitable and uniform administration of Federal 
     elections.
       (b) Restriction.--
       (1) Standard for removal of a local election 
     administrator.--A statewide election administrator may only 
     suspend, remove, or relieve the duties of a local election 
     administrator in the State with respect to the administration 
     of an election for Federal office for inefficiency, neglect 
     of duty, or malfeasance in office.
       (2) Private right of action.--
       (A) In general.--Any local election administrator 
     suspended, removed, or otherwise relieved of duties in 
     violation of paragraph (1) with respect to the administration 
     of an election for Federal office or against whom any 
     proceeding for suspension, removal, or relief from duty in 
     violation of paragraph (1) with respect to the administration 
     of an election for Federal office may be pending, may bring 
     an action in an appropriate district court of the United 
     States for declaratory or injunctive relief with respect to 
     the violation. Any such action shall name as the defendant 
     the statewide election administrator responsible for the 
     adverse action. The district court shall, to the extent 
     practicable, expedite any such proceeding.
       (B) Statute of limitations.--Any action brought under this 
     subsection must be commenced not later than one year after 
     the date of the suspension, removal, relief from duties, or 
     commencement of the proceeding to remove, suspend, or relieve 
     the duties of a local election administrator with respect to 
     the administration of an election for Federal office.
       (3) Attorney's fees.--In any action or proceeding under 
     this subsection, the court may allow a prevailing plaintiff, 
     other than the United States, reasonable attorney's fees as 
     part of the costs, and may include expert fees as part of the 
     attorney's fee. The term ``prevailing plaintiff'' means a 
     plaintiff that substantially prevails pursuant to a judicial 
     or administrative judgment or order, or an enforceable 
     written agreement.
       (4) Removal of state proceedings to federal court.--A local 
     election administrator who is subject to an administrative or 
     judicial proceeding for suspension, removal, or relief from 
     duty by a statewide election administrator with respect to 
     the administration of an election for Federal office may 
     remove the proceeding to an appropriate district court of the 
     United States. Any order remanding a case to the State court 
     or agency from which it was removed under this subsection 
     shall be reviewable by appeal or otherwise.
       (5) Right of united states to intervene.--
       (A) Notice to attorney general.--Whenever any 
     administrative or judicial proceeding is brought to suspend, 
     remove, or relieve the duties of any local election 
     administrator by a statewide election administrator with 
     respect to the administration of an election for Federal 
     office, the statewide election administrator who initiated 
     such proceeding shall deliver a copy of the pleadings 
     instituting the proceeding to the Assistant Attorney General 
     for the Civil Rights Division of the Department of Justice. 
     The local election administrator against whom such proceeding 
     is brought may also deliver such pleadings to the Assistant 
     Attorney General.
       (B) Right to intervene.--The United States may intervene in 
     any administrative or judicial proceeding brought to suspend, 
     remove, or relieve the duties of any local election 
     administrator by a statewide election administrator with 
     respect to the administration of an election for Federal 
     office and in any action initiated pursuant to paragraph (2) 
     or in any removal pursuant to paragraph (4).
       (6) Review.--In reviewing any action brought under this 
     section, a court of the United States shall not afford any 
     deference to any State official, administrator, or tribunal 
     that initiated, approved, adjudicated, or reviewed any 
     administrative or judicial proceeding to suspend, remove, or 
     otherwise relieve the duties of a local election 
     administrator.
       (c) Reports to the Department of Justice.--
       (1) In general.--Not later than 30 days after the 
     suspension, removal, or relief of the duties of a local 
     election administrator by a statewide election administrator, 
     the Statewide election administrator shall submit to the 
     Assistant Attorney General for the Civil Rights Divisions of 
     the Department of Justice a report that includes the 
     following information:
       (A) A statement that a local election administrator was 
     suspended, removed, or relieved of their duties.
       (B) Information on whether the local election administrator 
     was determined to be inefficient or to have engaged in 
     neglect of duty or malfeasance in office.
       (C) A description of the effect that the suspension, 
     removal, or relief of the duties of the local election 
     administrator will have on--
       (i) the administration of elections and voters in the 
     election jurisdictions for which the local election official 
     provided such duties; and
       (ii) the administration of elections and voters in the 
     State at large.
       (D) Demographic information about the local election 
     official suspended, removed, or relieved and the 
     jurisdictions for which such election official was providing 
     the duties suspended, removed, or relieved.
       (E) Such other information as requested by the Assistant 
     Attorney General for the purposes of determining--
       (i) whether such suspension, removal, or relief of duties 
     was based on unlawful discrimination; and
       (ii) whether such suspension, removal, or relief of duties 
     was due to inefficiency, neglect of duty, or malfeasance in 
     office.
       (2) Expedited reporting for actions within 30 days of an 
     election.--
       (A) In general.--If a suspension, removal, or relief of 
     duties of a local administrator described in paragraph (1) 
     occurs during the period described in subparagraph (B), the 
     report required under paragraph (1) shall be submitted not 
     later than 48 hours after such suspension, removal, or relief 
     of duties.
       (B) Period described.--The period described in this 
     subparagraph is any period which begins 60 days before the 
     date of an election for Federal office and which ends 60 days 
     after such election.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Election.--The term ``election'' has the meaning given 
     the term in section 301(1) of the Federal Election Campaign 
     Act of 1971 (52 U.S.C. 30101(1)).
       (2) Federal office.--The term ``Federal office'' has the 
     meaning given the term in section 301(3) of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30101(3)).

[[Page S4453]]

       (3) Local election administrator.--The term ``local 
     election administrator'' means, with respect to a local 
     jurisdiction in a State, the individual or entity responsible 
     for the administration of elections for Federal office in the 
     local jurisdiction.
       (4) Statewide election administrator.--The term ``statewide 
     election administrator'' means, with respect to a State--
       (A) the individual or entity, including a State elections 
     board, responsible for the administration of elections for 
     Federal office in the State on a statewide basis; or
       (B) a statewide legislative or executive entity with the 
     authority to suspend, remove, or relieve a local election 
     administrator.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to grant any additional authority to remove a local 
     elections administrator beyond any authority provided under 
     the law of the State.

         Subtitle B--Increased Protections for Election Workers

     SEC. 3101. HARASSMENT OF ELECTION WORKERS PROHIBITED.

       (a) In General.--Section 594 of title 18, United 6 States 
     Code, is amended--
       (1) by striking ``Whoever intimidates'' and inserting the 
     following:
       ``(a) In General.--Whoever intimidates''; and
       (2) by adding at the end the following new subsection:
       ``(b) Intimidation of Election Workers.--
       ``(1) In general.--Whoever intimidates, threatens, coerces, 
     or attempts to intimidate, threaten, coerce, any election 
     worker with intent to impede, intimidate, or interfere with 
     such election worker while engaged in the performance of 
     official duties, or with intent to retaliate against such 
     election worker on account of the performance of official 
     duties shall be fined under this title or imprisoned not more 
     than one year, or both
       ``(2) Election worker.--For purposes of paragraph (1), the 
     term `election worker' means any individual who is an 
     election official, poll worker, or an election volunteer in 
     connection with an election for a Federal office.''.
       (b) Conforming Amendments.--
       (1) The heading of section 594 of title 18, United States 
     Code, is amended by inserting ``and election workers'' after 
     ``voters''.
       (2) The item relating to section 594 in the table of 
     sections for chapter 29 of title 18, United States Code, is 
     amended by inserting ``and election workers'' after 
     ``voters''.

     SEC. 3102. PROTECTION OF ELECTION WORKERS.

       (a) In General.--Section 594(b) of title 18, United States 
     Code, as amended by section 3101, is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Prohibition on publication of personal information.--
     Whoever knowingly makes restricted personal information about 
     an election worker, or a member of the immediate family of 
     that election worker, publicly available in connection with 
     such election worker's official duties--
       ``(A) with the intent to threaten, intimidate, or incite 
     the commission of a crime of violence against that election 
     worker, or a member of the immediate family of that election 
     worker; or
       ``(B) with the intent and knowledge that the restricted 
     personal information will be used to threaten, intimidate, or 
     facilitate the commission of a crime of violence against that 
     election worker, or a member of the immediate family of that 
     election worker,
     shall be fined under this title, imprisoned not more than 1 
     year, or both.''.
       (b) Definitions.--Paragraph (3) of section 594(b) of title 
     18, United States Code, as amended by section 3101 and 
     redesignated by subsection (a), is amended--
       (1) by striking all that precedes ``term'' and inserting 
     the following:
       ``(3) Definitions.--For purposes of this subsection--
       ``(A) Election worker.--The''; and
       (2) by adding at the end the following:
       ``(B) Other terms.--The terms `restricted personal 
     information', `crime of violence', and `immediate family' 
     have the respective meanings given such terms under section 
     119.''.

   Subtitle C--Prohibiting Deceptive Practices and Preventing Voter 
                              Intimidation

     SEC. 3201. SHORT TITLE.

       This subtitle may be cited as the ``Deceptive Practices and 
     Voter Intimidation Prevention Act of 2024''.

     SEC. 3202. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL 
                   ELECTIONS.

       (a) Prohibition.--Subsection (b) of section 2004 of the 
     Revised Statutes (52 U.S.C. 10101(b)) is amended--
       (1) by striking ``No person'' and inserting the following:
       ``(1) In general.--No person''; and
       (2) by inserting at the end the following new paragraphs:
       ``(2) False statements regarding federal elections.--
       ``(A) Prohibition.--No person, whether acting under color 
     of law or otherwise, shall, within 60 days before an election 
     described in paragraph (5), by any means, including by means 
     of written, electronic, or telephonic communications, 
     communicate or cause to be communicated information described 
     in subparagraph (B), or produce information described in 
     subparagraph (B) with the intent that such information be 
     communicated, if such person--
       ``(i) knows such information to be materially false; and
       ``(ii) has the intent to impede or prevent another person 
     from exercising the right to vote in an election described in 
     paragraph (5).
       ``(B) Information described.--Information is described in 
     this subparagraph if such information is regarding--
       ``(i) the time, place, or manner of holding any election 
     described in paragraph (5); or
       ``(ii) the qualifications for or restrictions on voter 
     eligibility for any such election, including--

       ``(I) any criminal, civil, or other legal penalties 
     associated with voting in any such election; or
       ``(II) information regarding a voter's registration status 
     or eligibility.

       ``(3) False statements regarding public endorsements.--
       ``(A) Prohibition.--No person, whether acting under color 
     of law or otherwise, shall, within 60 days before an election 
     described in paragraph (5), by any means, including by means 
     of written, electronic, or telephonic communications, 
     communicate, or cause to be communicated, a materially false 
     statement about an endorsement, if such person--
       ``(i) knows such statement to be false; and
       ``(ii) has the intent to impede or prevent another person 
     from exercising the right to vote in an election described in 
     paragraph (5).
       ``(B) Definition of `materially false'.--For purposes of 
     subparagraph (A), a statement about an endorsement is 
     `materially false' if, with respect to an upcoming election 
     described in paragraph (5)--
       ``(i) the statement states that a specifically named 
     person, political party, or organization has endorsed the 
     election of a specific candidate for a Federal office 
     described in such paragraph; and
       ``(ii) such person, political party, or organization has 
     not endorsed the election of such candidate.
       ``(4) Hindering, interfering with, or preventing voting or 
     registering to vote.--No person, whether acting under color 
     of law or otherwise, shall intentionally hinder, interfere 
     with, or prevent another person from voting, registering to 
     vote, or aiding another person to vote or register to vote in 
     an election described in paragraph (5), including by 
     operating a polling place or ballot box that falsely purports 
     to be an official location established for such an election 
     by a unit of government.
       ``(5) Election described.--An election described in this 
     paragraph is any general, primary, runoff, or special 
     election held solely or in part for the purpose of nominating 
     or electing a candidate for the office of President, Vice 
     President, Presidential elector, Member of the Senate, Member 
     of the House of Representatives, or Delegate or Commissioner 
     from a Territory or possession.''.
       (b) Private Right of Action.--
       (1) In general.--Subsection (c) of section 2004 of the 
     Revised Statutes (52 U.S.C. 10101(c)) is amended--
       (A) by striking ``Whenever any person'' and inserting the 
     following:
       ``(1) In general.--Whenever any person''; and
       (B) by adding at the end the following new paragraph:
       ``(2) Civil action.--Any person aggrieved by a violation of 
     this section may institute a civil action for preventive 
     relief, including an application in a United States district 
     court for a permanent or temporary injunction, restraining 
     order, or other order. In any such action, the court, in its 
     discretion, may allow the prevailing party a reasonable 
     attorney's fee as part of the costs.''.
       (2) Conforming amendments.--Section 2004 of the Revised 
     Statutes (52 U.S.C. 10101) is amended--
       (A) in subsection (e), by striking ``subsection (c)'' and 
     inserting ``subsection (c)(1)''; and
       (B) in subsection (g), by striking ``subsection (c)'' and 
     inserting ``subsection (c)(1)''.
       (c) Criminal Penalties.--
       (1) Deceptive acts.--Section 594 of title 18, United States 
     Code, as amended by sections 3101 and 3102, is amended--
       (A) in subsection (a), by striking ``at any election'' and 
     inserting ``at any general, primary, runoff, or special 
     election''; and
       (B) by adding at the end the following new subsections:
       ``(c) Deceptive Acts.--
       ``(1) False statements regarding federal elections.--
       ``(A) Prohibition.--It shall be unlawful for any person, 
     whether acting under color of law or otherwise, within 60 
     days before an election described in subsection (f), by any 
     means, including by means of written, electronic, or 
     telephonic communications, to communicate or cause to be 
     communicated information described in subparagraph (B), or 
     produce information described in subparagraph (B) with the 
     intent that such information be communicated, if such 
     person--
       ``(i) knows such information to be materially false; and
       ``(ii) has the intent to impede or prevent another person 
     from exercising the right to vote in an election described in 
     subsection (f).
       ``(B) Information described.--Information is described in 
     this subparagraph if such information is regarding--
       ``(i) the time or place of holding any election described 
     in subsection (e); or

[[Page S4454]]

       ``(ii) the qualifications for or restrictions on voter 
     eligibility for any such election, including--

       ``(I) any criminal, civil, or other legal penalties 
     associated with voting in any such election; or
       ``(II) information regarding a voter's registration status 
     or eligibility.

       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined not more than $100,000, imprisoned for not more than 
     5 years, or both.
       ``(d) Hindering, Interfering With, or Preventing Voting or 
     Registering to Vote.--
       ``(1) Prohibition.--It shall be unlawful for any person, 
     whether acting under color of law or otherwise, to corruptly 
     hinder, interfere with, or prevent another person from 
     voting, registering to vote, or aiding another person to vote 
     or register to vote in an election described in subsection 
     (f).
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined not more than $100,000, imprisoned for not more than 
     5 years, or both.
       ``(e) Attempt.--Any person who attempts to commit any 
     offense described in subsection (c)(1) or (d)(1) shall be 
     subject to the same penalties as those prescribed for the 
     offense that the person attempted to commit.
       ``(f) Election Described.--An election described in this 
     subsection is any general, primary, runoff, or special 
     election held solely or in part for the purpose of nominating 
     or electing a candidate for the office of President, Vice 
     President, Presidential elector, Senator, Member of the House 
     of Representatives, or Delegate or Resident Commissioner to 
     the Congress.''.
       (2) Modifications to penalty for voter and election worker 
     intimidation.--Section 594(a) of title 18, United States 
     Code, as amended by this Act, is amended by striking ``fined 
     under this title or imprisoned not more than one year'' and 
     inserting ``fined not more than $100,000, imprisoned for not 
     more than 5 years''.
       (3) Sentencing guidelines.--
       (A) Review and amendment.--Not later than 180 days after 
     the date of enactment of this Act, the United States 
     Sentencing Commission, pursuant to its authority under 
     section 994 of title 28, United States Code, and in 
     accordance with this section, shall review and, if 
     appropriate, amend the Federal sentencing guidelines and 
     policy statements applicable to persons convicted of any 
     offense under section 594 of title 18, United States Code, as 
     amended by this section.
       (B) Authorization.--The United States Sentencing Commission 
     may amend the Federal Sentencing Guidelines in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987 (28 U.S.C. 994 note) as though the 
     authority under that section had not expired.
       (4) Payments for refraining from voting.--Subsection (c) of 
     section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) 
     is amended by striking ``either for registration to vote or 
     for voting'' and inserting ``for registration to vote, for 
     voting, or for not voting''.

     SEC. 3203. CORRECTIVE ACTION.

       (a) Corrective Action.--
       (1) In general.--If the Attorney General receives a 
     credible report that materially false information has been or 
     is being communicated in violation of paragraphs (2) and (3) 
     of section 2004(b) of the Revised Statutes (52 U.S.C. 
     10101(b)), as added by section 3202(a), and if the Attorney 
     General determines that State and local election officials 
     have not taken adequate steps to promptly communicate 
     accurate information to correct the materially false 
     information, the Attorney General shall, pursuant to the 
     written procedures and standards under subsection (b), 
     communicate to the public, by any means, including by means 
     of written, electronic, or telephonic communications, 
     accurate information designed to correct the materially false 
     information.
       (2) Communication of corrective information.--Any 
     information communicated by the Attorney General under 
     paragraph (1)--
       (A) shall--
       (i) be accurate and objective;
       (ii) consist of only the information necessary to correct 
     the materially false information that has been or is being 
     communicated; and
       (iii) to the extent practicable, be by a means that the 
     Attorney General determines will reach the persons to whom 
     the materially false information has been or is being 
     communicated; and
       (B) shall not be designed to favor or disfavor any 
     particular candidate, organization, or political party.
       (b) Written Procedures and Standards for Taking Corrective 
     Action.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall publish 
     written procedures and standards for determining when and how 
     corrective action will be taken under this section.
       (2) Inclusion of appropriate deadlines.--The procedures and 
     standards under paragraph (1) shall include appropriate 
     deadlines, based in part on the number of days remaining 
     before the upcoming election.
       (3) Consultation.--In developing the procedures and 
     standards under paragraph (1), the Attorney General shall 
     consult with the Election Assistance Commission, State and 
     local election officials, civil rights organizations, voting 
     rights groups, voter protection groups, and other interested 
     community organizations.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General such sums as may 
     be necessary to carry out this subtitle.

     SEC. 3204. REPORTS TO CONGRESS.

       (a) In General.--Not later than 180 days after each general 
     election for Federal office, the Attorney General shall 
     submit to Congress a report compiling all allegations 
     received by the Attorney General of deceptive practices 
     described in paragraphs (2), (3), and (4) of section 2004(b) 
     of the Revised Statutes (52 U.S.C. 10101(b)), as added by 
     section 3202(a), relating to the general election for Federal 
     office and any primary, runoff, or a special election for 
     Federal office held in the 2 years preceding the general 
     election.
       (b) Contents.--
       (1) In general.--Each report submitted under subsection (a) 
     shall include--
       (A) a description of each allegation of a deceptive 
     practice described in subsection (a), including the 
     geographic location, racial and ethnic composition, and 
     language minority-group membership of the persons toward whom 
     the alleged deceptive practice was directed;
       (B) the status of the investigation of each allegation 
     described in subparagraph (A);
       (C) a description of each corrective action taken by the 
     Attorney General under section 3203(a) in response to an 
     allegation described in subparagraph (A);
       (D) a description of each referral of an allegation 
     described in subparagraph (A) to other Federal, State, or 
     local agencies;
       (E) to the extent information is available, a description 
     of any civil action instituted under section 2004(c)(2) of 
     the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by 
     section 3202(b), in connection with an allegation described 
     in subparagraph (A); and
       (F) a description of any criminal prosecution instituted 
     under subsection (c) or (d) of section 594 of title 18, 
     United States Code, as amended by section 3202(c), in 
     connection with the receipt of an allegation described in 
     subparagraph (A) by the Attorney General.
       (2) Exclusion of certain information.--
       (A) In general.--The Attorney General shall not include in 
     a report submitted under subsection (a) any information 
     protected from disclosure by rule 6(e) of the Federal Rules 
     of Criminal Procedure or any Federal criminal statute.
       (B) Exclusion of certain other information.--The Attorney 
     General may determine that the following information shall 
     not be included in a report submitted under subsection (a):
       (i) Any information that is privileged.
       (ii) Any information concerning an ongoing investigation.
       (iii) Any information concerning a criminal or civil 
     proceeding conducted under seal.
       (iv) Any other nonpublic information that the Attorney 
     General determines the disclosure of which could reasonably 
     be expected to infringe on the rights of any individual or 
     adversely affect the integrity of a pending or future 
     criminal investigation.
       (c) Report Made Public.--On the date that the Attorney 
     General submits the report under subsection (a), the Attorney 
     General shall also make the report publicly available through 
     the internet and other appropriate means.

     SEC. 3205. PRIVATE RIGHTS OF ACTION BY ELECTION OFFICIALS.

       Subsection (c)(2) of section 2004 of the Revised Statutes 
     (52 U.S.C. 10101(b)), as added by section 3202(b), is 
     amended--
       (1) by striking ``Any person'' and inserting the following:
       ``(A) In general.--Any person''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Intimidation, etc.--
       ``(i) In general.--A person aggrieved by a violation of 
     subsection (b)(1) shall include, without limitation, an 
     officer responsible for maintaining order and preventing 
     intimidation, threats, or coercion in or around a location at 
     which voters may cast their votes. .
       ``(ii) Corrective action.--If the Attorney General receives 
     a credible report that conduct that violates or would be 
     reasonably likely to violate subsection (b)(1) has occurred 
     or is likely to occur, and if the Attorney General determines 
     that State and local officials have not taken adequate steps 
     to promptly communicate that such conduct would violate 
     subsection (b)(1) or applicable State or local laws, the 
     Attorney General shall communicate to the public, by any 
     means, including by means of written, electronic, or 
     telephonic communications, accurate information designed to 
     convey the unlawfulness of proscribed conduct under 
     subsection (b)(1) and the responsibilities of and resources 
     available to State and local officials to prevent or correct 
     such violations.''.

     SEC. 3206. MAKING INTIMIDATION OF TABULATION, CANVASS, AND 
                   CERTIFICATION EFFORTS A CRIME.

       Section 12(1) of the National Voter Registration Act (52 
     U.S.C. 20511) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end; and
       (2) by adding at the end the following new subparagraph:
       ``(D) processing or scanning ballots, or tabulating, 
     canvassing, or certifying voting results; or''.

  Subtitle D--Protection of Election Records & Election Infrastructure

     SEC. 3301. STRENGTHEN PROTECTIONS FOR FEDERAL ELECTION 
                   RECORDS.

       (a) Finding of Constitutional Authority.--Congress finds as 
     follows:
       (1) Congress has explicit and broad authority to regulate 
     the time, place, and manner

[[Page S4455]]

     of Federal elections under the Elections Clause under article 
     I, section 4, clause 1 of the Constitution, including by 
     establishing standards for the fair, impartial, and uniform 
     administration of Federal elections by State and local 
     officials.
       (2) The Elections Clause grants Congress ``plenary and 
     paramount jurisdiction over the whole subject'' of Federal 
     elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), 
     allowing Congress to implement ``a complete code for 
     congressional elections.'' Smiley v.  Holm, 285 U.S. 355, 366 
     (1932).
       (3) The fair and impartial administration of Federal 
     elections by State and local officials is central to ``the 
     successful working of this government'', Ex parte Yarbrough, 
     110 U.S. 651, 666 (1884), and to ``protect the act of voting 
     . . . and the election itself from corruption or fraud'', id. 
     at 661-62.
       (4) The Elections Clause thus grants Congress the authority 
     to strengthen the protections for Federal election records.
       (5) Congress has intervened in the electoral process to 
     protect the health and legitimacy of federal elections, 
     including for example, Congress' enactment of the Help 
     America Vote Act of 2002 as a response to several issues that 
     occurred during the 2000 Presidential election. See  ``The 
     Elections Clause: Constitutional Interpretation and 
     Congressional Exercise'', Hearing Before Comm. on House 
     Administration, 117th Cong. (2021), written testimony of Vice 
     Dean Franita Tolson at 3.
       (b) Strengthening of Protections.--Section 301 of the Civil 
     Rights Act of 1960 (52 U.S.C. 20701) is amended--
       (1) by striking ``Every officer'' and inserting the 
     following:
       ``(a) In General.--Every officer'';
       (2) by striking ``records and papers'' and inserting 
     ``records (including electronic records), papers, and 
     election equipment'' each place the term appears;
       (3) by striking ``record or paper'' and inserting ``record 
     (including electronic record), paper, or election 
     equipment'';
       (4) by inserting ``(but only under the direct 
     administrative supervision of an election officer). 
     Notwithstanding any other provision of this section, the 
     paper record of a voter's cast ballot shall remain the 
     official record of the cast ballot for purposes of this 
     title'' after ``upon such custodian'';
       (5) by inserting ``, or acts in reckless disregard of,'' 
     after ``fails to comply with''; and
       (6) by inserting after subsection (a) the following:
       ``(b) Election Equipment.--The requirement in subsection 
     (a) to preserve election equipment shall not be construed to 
     prevent the reuse of such equipment in any election that 
     takes place within twenty-two months of a Federal election 
     described in subsection (a), provided that all electronic 
     records, files, and data from such equipment related to such 
     Federal election are retained and preserved.
       ``(c) Guidance.--Not later than 1 year after the date of 
     enactment of this subsection, the Director of the 
     Cybersecurity and Infrastructure Security Agency of the 
     Department of Homeland Security, in consultation with the 
     Election Assistance Commission and the Attorney General, 
     shall issue guidance regarding compliance with subsections 
     (a) and (b), including minimum standards and best practices 
     for retaining and preserving records and papers in compliance 
     with subsection (a). Such guidance shall also include 
     protocols for enabling the observation of the preservation, 
     security, and transfer of records and papers described in 
     subsection (a) by the Attorney General and by a 
     representative of each party, as defined by the Attorney 
     General.''.
       (c) Protecting the Integrity of Paper Ballots in Federal 
     Elections.--
       (1) Protocols and conditions for inspection of ballots.--
     Not later than 60 days after the date of the enactment of 
     this Act, the Attorney General, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency of the Department of Homeland Security and the 
     Election Assistance Commission, shall promulgate regulations 
     establishing the election security protocols and conditions, 
     including appropriate chain of custody and proper 
     preservation practices, which will apply to the inspection of 
     the paper ballots which are required to be retained and 
     preserved under section 301 of the Civil Rights Act of 1960 
     (52 U.S.C. 20701).
       (2) Cause of action for injunctive and declaratory 
     relief.--The Attorney General may bring an action in an 
     appropriate district court of the United States for such 
     declaratory or injunctive relief as may be necessary to 
     ensure compliance with the regulations promulgated under 
     subsection (a).

     SEC. 3302. PENALTIES; INSPECTION; NONDISCLOSURE; 
                   JURISDICTION.

       (a) Expansion of Scope of Penalties for Interference.--
     Section 302 of the Civil Rights Act of 1960 (52 U.S.C. 20702) 
     is amended--
       (1) by inserting ``, or whose reckless disregard of section 
     301 results in the theft, destruction, concealment, 
     mutilation, or alteration of,'' after ``or alters''; and
       (2) by striking ``record or paper'' and inserting ``record 
     (including electronic record), paper, or election 
     equipment''.
       (b) Inspection, Reproduction, and Copying.--Section 303 of 
     such Act (52 U.S.C. 20703) is amended by striking ``record or 
     paper'' each place it appears and inserting ``record 
     (including electronic record), paper, or election 
     equipment''.
       (c) Nondisclosure.--Section 304 of such Act (52 U.S.C. 
     20704) is amended by striking ``record or paper'' and 
     inserting ``record (including electronic record), paper, or 
     election equipment''.
       (d) Jurisdiction to Compel Production.--Section 305 of such 
     Act (52 U.S.C. 20705) is amended by striking ``record or 
     paper'' each place it appears and inserting ``record 
     (including electronic record), paper, or election 
     equipment''.

     SEC. 3303. JUDICIAL REVIEW TO ENSURE COMPLIANCE.

       Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 
     et seq.) is amended by adding at the end the following:

     ``SEC. 307. JUDICIAL REVIEW TO ENSURE COMPLIANCE.

       ``(a) Cause of Action.--The Attorney General, a 
     representative of the Attorney General, or a candidate in a 
     Federal election described in section 301 may bring an action 
     in the district court of the United States for the judicial 
     district in which a record or paper is located, or in the 
     United States District Court for the District of Columbia, to 
     compel compliance with the requirements of section 301.
       ``(b) Duty to Expedite.--It shall be the duty of the court 
     to advance on the docket, and to expedite to the greatest 
     possible extent the disposition of, the action and any appeal 
     under this section.''.

 Subtitle E--Judicial Protection of the Right to Vote and Non-partisan 
                            Vote Tabulation

                       PART 1--RIGHT TO VOTE ACT

     SEC. 3401. SHORT TITLE.

       This part may be cited as the ``Right to Vote Act''.

     SEC. 3402. UNDUE BURDENS ON THE ABILITY TO VOTE IN ELECTIONS 
                   FOR FEDERAL OFFICE PROHIBITED.

       (a) In General.--Every citizen of legal voting age shall 
     have the right to vote and have one's vote counted in 
     elections for Federal office free from any burden on the 
     time, place, or manner of voting, as set forth in subsections 
     (b) and (c).
       (b) Retrogression.--A government may not diminish the 
     ability to vote or to have one's vote counted in an election 
     for Federal office unless the law, rule, standard, practice, 
     procedure, or other governmental action causing the 
     diminishment is the least restrictive means of significantly 
     furthering an important, particularized government interest.
       (c) Substantial Impairment.--
       (1) In general.--A government may not substantially impair 
     the ability of an individual to vote or to have one's vote 
     counted in an election for Federal office unless the law, 
     rule, standard, practice, procedure, or other governmental 
     action causing the impairment significantly furthers an 
     important, particularized governmental interest.
       (2) Substantial impairment.--For purposes of this section, 
     a substantial impairment is a non-trivial impairment that 
     makes it more difficult to vote or to have one's vote counted 
     than if the law, rule, standard, practice, procedure, or 
     other governmental action had not been adopted or 
     implemented. An impairment may be substantial even if the 
     voter or other similarly situated voters are able to vote or 
     to have one's vote counted notwithstanding the impairment.

     SEC. 3403. JUDICIAL REVIEW.

       (a) Civil Action.--An action challenging a violation of 
     this part may be brought by any aggrieved person or the 
     Attorney General in the district court for the District of 
     Columbia, or the district court for the district in which the 
     violation took place or where any defendant resides or does 
     business, at the selection of the plaintiff, to obtain all 
     appropriate relief, whether declaratory or injunctive, or 
     facial or as-applied. Process may be served in any district 
     where a defendant resides, does business, or may be found.
       (b) Standards to Be Applied.--A courts adjudicating an 
     action brought under this part shall apply the following 
     standards:
       (1) Retrogression.--
       (A) A plaintiff establishes a prima facie case of 
     retrogression by demonstrating by a preponderance of the 
     evidence that a rule, standard, practice, procedure, or other 
     governmental action diminishes the ability, or otherwise 
     makes it more difficult, to vote, or have one's vote counted.
       (B) If a plaintiff establishes a prima facie case as 
     described in subparagraph (A), the government shall be 
     provided an opportunity to demonstrate by clear and 
     convincing evidence that the diminishment is necessary to 
     significantly further an important, particularized 
     governmental interest.
       (C) If the government meets its burden under subparagraph 
     (B), the challenged rule, standard, practice, procedure, or 
     other governmental action shall nonetheless be deemed invalid 
     if the plaintiff demonstrates by a preponderance of the 
     evidence that the government could adopt or implement a less-
     restrictive means of furthering the particularized important 
     governmental interest.
       (2) Substantial impairment.--
       (A) A plaintiff establishes a prima facie case of 
     substantial impairment by demonstrating by a preponderance of 
     the evidence that a rule, standard, practice, procedure, or 
     other governmental action is a non-trivial impairment of the 
     ability to vote or to have one's vote counted.
       (B) If a plaintiff establishes a prima facie case as 
     described in subparagraph (A), the government shall be 
     provided an opportunity to demonstrate by clear and 
     convincing evidence that the impairment significantly 
     furthers an important, particularized governmental interest.

[[Page S4456]]

       (c) Duty to Expedite.--It shall be the duty of the court to 
     advance on the docket and to expedite to the greatest 
     reasonable extent the disposition of the action and appeal 
     under this section.
       (d) Attorney's Fees.--Section 722(b) of the Revised 
     Statutes (42 U.S.C. 1988(b)) is amended--
       (1) by striking ``or section 40302'' and inserting 
     ``section 40302''; and
       (2) by striking ``, the court'' and inserting ``, or 
     section 3402(a) of the Freedom to Vote Act, the court''.

     SEC. 3404. DEFINITIONS.

       In this part--
       (1) the term ``covered entity'' means the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, American 
     Samoa, the United States Virgin Islands, and the Commonwealth 
     of the Northern Mariana Islands;
       (2) the terms ``election'' and ``Federal office'' have the 
     meanings given such terms in section 301 of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30101);
       (3) the term ``have one's vote counted'' means all actions 
     necessary to have a vote included in the appropriate totals 
     of votes cast with respect to candidates for public office 
     for which votes are received in an election and reflected in 
     the certified vote totals by any government responsible for 
     tallying or certifying the results of elections for Federal 
     office;
       (4) the term ``government'' includes a branch, department, 
     agency, instrumentality, and official (or other person acting 
     under color of law) of the United States, of any State, of 
     any covered entity, or of any political subdivision of any 
     State or covered entity; and
       (5) the term ``vote'' means all actions necessary to make a 
     vote effective, including registration or other action 
     required by law as a prerequisite to voting, casting a 
     ballot.

     SEC. 3405. RULES OF CONSTRUCTION.

       (a) Burdens Not Authorized.--Nothing in this part may be 
     construed to authorize a government to burden the right to 
     vote in elections for Federal office.
       (b) Other Rights and Remedies.--Nothing in this part shall 
     be construed to alter any rights existing under a State 
     constitution or the Constitution of the United States, or to 
     limit any remedies for any other violations of Federal, 
     State, or local law.
       (c) Other Provisions of This Act.--Nothing in this subtitle 
     shall be construed as affecting section 1703 of this Act 
     (relating to rights of citizens).
       (d) Other Definitions.--The definitions set forth in 
     section 3404 shall apply only to this part and shall not be 
     construed to amend or interpret any other provision of law.

     SEC. 3406. SEVERABILITY.

       If any provision of this part or the application of such 
     provision to any citizen or circumstance is held to be 
     unconstitutional, the remainder of this part and the 
     application of the provisions of such to any citizen or 
     circumstance shall not be affected thereby.

     SEC. 3407. EFFECTIVE DATE.

       (a) Actions Brought for Retrogression.--Subsection (b) of 
     section 3402 shall apply to any law, rule, standard, 
     practice, procedure, or other governmental action that was 
     not in effect during the November 2022 general election for 
     Federal office but that will be in effect with respect to 
     elections for Federal office occurring on or after January 1, 
     2024, even if such law, rule, standard, practice, procedure, 
     or other governmental action is already in effect as of the 
     date of the enactment of this Act.
       (b) Actions Brought for Substantial Impairment.--Subsection 
     (c) of section 3402 shall apply to any law, rule, standard, 
     practice, procedure, or other governmental action in effect 
     with respect to elections for Federal office occurring on or 
     after January 1, 2024.

         PART 2--CLARIFYING JURISDICTION OVER ELECTION DISPUTES

     SEC. 3411. FINDINGS.

       In addition to providing for the statutory rights described 
     in part 1, including judicial review under section 3403, 
     Congress makes the following findings regarding enforcement 
     of constitutional provisions protecting the right to vote:
       (1) It is a priority of Congress to ensure that pending and 
     future disputes arising under the Fifteenth Amendment or any 
     other constitutional provisions protecting the right to vote 
     may be heard in Federal court.
       (2) The Fifth Circuit has misconstrued section 1344 of 
     title 28, United States Code, to deprive Federal courts of 
     subject matter jurisdiction in certain classes of cases that 
     implicate voters' constitutional rights, see, e.g., Keyes v.  
     Gunn, 890 F.3d 232 (5th Cir. 2018), cert. denied, 139 S. Ct. 
     434 (2018); Johnson v.  Stevenson, 170 F.2d 108 (5th Cir. 
     1948).
       (3) Section 1344 of such title is also superfluous in light 
     of other broad grants of Federal jurisdiction. See, e.g., 
     section 1331, section 1343(a)(3), and section 1343(a)(4) of 
     title 28, United States Code.
       (4) Congress therefore finds that a repeal of section 1344 
     is appropriate and that such repeal will ensure that Federal 
     courts nationwide are empowered to enforce voters' 
     constitutional rights in Federal elections and State 
     legislative elections.

     SEC. 3412. CLARIFYING AUTHORITY OF UNITED STATES DISTRICT 
                   COURTS TO HEAR CASES.

       (a) In General.--Section 1344 of title 28, United States 
     Code, is repealed.
       (b) Continuing Authority of Courts to Hear Cases Under 
     Other Existing Authority.--Nothing in this part may be 
     construed to affect the authority of district courts of the 
     United States to exercise jurisdiction pursuant to existing 
     provisions of law, including sections 1331, 1343(a)(3), and 
     1343(a)(4) of title 28, United States Code, in any cases 
     arising under the Constitution, laws, or treaties of the 
     United States concerning the administration, conduct, or 
     results of an election for Federal office or state 
     legislative office.
       (c) Clerical Amendment.--The table of sections for chapter 
     85 of title 28, United States Code, is amended by striking 
     the item relating to section 1344.

     SEC. 3413. EFFECTIVE DATE.

       This part and the amendments made by this part shall apply 
     to actions brought on or after the date of the enactment of 
     this Act and to actions brought before the date of enactment 
     of this Act which are pending as of such date.

            Subtitle F--Poll Worker Recruitment and Training

     SEC. 3501. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND 
                   TRAINING.

       (a) Grants by Election Assistance Commission.--
       (1) In general.--The Election Assistance Commission 
     (hereafter referred to as the ``Commission'') shall, subject 
     to the availability of appropriations provided to carry out 
     this section, make a grant to each eligible State for 
     recruiting and training individuals to serve as poll workers 
     on dates of elections for public office.
       (2) Use of commission materials.--In carrying out 
     activities with a grant provided under this section, the 
     recipient of the grant shall use the manual prepared by the 
     Commission on successful practices for poll worker 
     recruiting, training, and retention as an interactive 
     training tool, and shall develop training programs with the 
     participation and input of experts in adult learning.
       (3) Access and cultural considerations.--The Commission 
     shall ensure that the manual described in paragraph (2) 
     provides training in methods that will enable poll workers to 
     provide access and delivery of services in a culturally 
     competent manner to all voters who use their services, 
     including those with limited English proficiency, diverse 
     cultural and ethnic backgrounds, disabilities, and regardless 
     of gender, sexual orientation, or gender identity. These 
     methods must ensure that each voter will have access to poll 
     worker services that are delivered in a manner that meets the 
     unique needs of the voter.
       (b) Requirements for Eligibility.--
       (1) Application.--Each State that desires to receive a 
     payment under this section shall submit an application for 
     the payment to the Commission at such time and in such manner 
     and containing such information as the Commission shall 
     require.
       (2) Contents of application.--Each application submitted 
     under paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought;
       (B) provide assurances that the funds provided under this 
     section will be used to supplement and not supplant other 
     funds used to carry out the activities;
       (C) provide assurances that the State will furnish the 
     Commission with information on the number of individuals who 
     served as poll workers after recruitment and training with 
     the funds provided under this section;
       (D) provide assurances that the State will dedicate poll 
     worker recruitment efforts with respect to--
       (i) youth and minors, including by recruiting at 
     institutions of higher education and secondary education; and
       (ii) diversity, including with respect to race, ethnicity, 
     and disability; and
       (E) provide such additional information and certifications 
     as the Commission determines to be essential to ensure 
     compliance with the requirements of this section.
       (c) Amount of Grant.--
       (1) In general.--The amount of a grant made to a State 
     under this section shall be equal to the product of--
       (A) the aggregate amount made available for grants to 
     States under this section; and
       (B) the voting age population percentage for the State.
       (2) Voting age population percentage defined.--In paragraph 
     (1), the ``voting age population percentage'' for a State is 
     the quotient of--
       (A) the voting age population of the State (as determined 
     on the basis of the most recent information available from 
     the Bureau of the Census); and
       (B) the total voting age population of all States (as 
     determined on the basis of the most recent information 
     available from the Bureau of the Census).
       (d) Reports to Congress.--
       (1) Reports by recipients of grants.--Not later than 6 
     months after the date on which the final grant is made under 
     this section, each recipient of a grant shall submit a report 
     to the Commission on the activities conducted with the funds 
     provided by the grant.
       (2) Reports by commission.--Not later than 1 year after the 
     date on which the final grant is made under this section, the 
     Commission shall submit a report to Congress on the grants 
     made under this section and the activities carried out by 
     recipients with the grants, and shall include in the report 
     such

[[Page S4457]]

     recommendations as the Commission considers appropriate.
       (e) Funding.--
       (1) Continuing availability of amount appropriated.--Any 
     amount appropriated to carry out this section shall remain 
     available without fiscal year limitation until expended.
       (2) Administrative expenses.--Of the amount appropriated 
     for any fiscal year to carry out this section, not more than 
     3 percent shall be available for administrative expenses of 
     the Commission.

     SEC. 3502. STATE DEFINED.

       In this subtitle, the term ``State'' includes the District 
     of Columbia, the Commonwealth of Puerto Rico, Guam, American 
     Samoa, the United States Virgin Islands, and the Commonwealth 
     of the Northern Mariana Islands.

           Subtitle G--Preventing Poll Observer Interference

     SEC. 3601. PROTECTIONS FOR VOTERS ON ELECTION DAY.

       (a) Requirements.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended 
     by inserting after section 303 the following new section:

     ``SEC. 303A. VOTER PROTECTION REQUIREMENTS.

       ``(a) Requirements for Challenges by Persons Other Than 
     Election Officials.--
       ``(1) Requirements for challenges.--No person, other than a 
     State or local election official, shall submit a formal 
     challenge to an individual's eligibility to register to vote 
     in an election for Federal office or to vote in an election 
     for Federal office unless that challenge is supported by 
     personal knowledge with respect to each individual challenged 
     regarding the grounds for ineligibility which is--
       ``(A) documented in writing; and
       ``(B) subject to an oath or attestation under penalty of 
     perjury that the challenger has a good faith factual basis to 
     believe that the individual who is the subject of the 
     challenge is ineligible to register to vote or vote in that 
     election, except a challenge which is based on the race, 
     ethnicity, or national origin of the individual who is the 
     subject of the challenge may not be considered to have a good 
     faith factual basis for purposes of this paragraph.
       ``(2) Prohibition on challenges on or near date of 
     election.--No person, other than a State or local election 
     official, shall be permitted--
       ``(A) to challenge an individual's eligibility to vote in 
     an election for Federal office on the date of the election on 
     grounds that could have been made in advance of such date; or
       ``(B) to challenge an individual's eligibility to register 
     to vote in an election for Federal office or to vote in an 
     election for Federal office less than 10 days before the 
     election unless the individual registered to vote less than 
     20 days before the election.
       ``(b) Buffer Rule.--
       ``(1) In general.--A person who is serving as a poll 
     observer with respect to an election for Federal office may 
     not come within 8 feet of--
       ``(A) a voter or ballot at a polling location during any 
     period of voting (including any period of early voting) in 
     such election; or
       ``(B) a ballot at any time during which the processing, 
     scanning, tabulating, canvassing, or certifying voting 
     results is occurring.
       ``(2) Rule of construction.--Nothing in paragraph (1) may 
     be construed to limit the ability of a State or local 
     election official to require poll observers to maintain a 
     distance greater than 8 feet.
       ``(c) Effective Date.--This section shall apply with 
     respect to elections for Federal office occurring on and 
     after January 1, 2026.''.
       (b) Conforming Amendment Relating to Voluntary Guidance.--
     Section 321(b)(4) of such Act (52 U.S.C. 21101(b)), as added 
     and redesignated by section 1101(b) and as amended by 
     sections 1102, 1103, 1104, and 1303, is amended by striking 
     ``and 313'' and inserting ``313, and 303A''.
       (c) Clerical Amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     303 the following:

``Sec. 303A. Voter protection requirements.''.

       Subtitle H--Preventing Restrictions on Food and Beverages

     SEC. 3701. SHORT TITLE; FINDINGS.

       (a) Short Title.--This subtitle may be cited as the 
     ``Voters' Access to Water Act''.
       (b) Findings.--Congress finds the following:
       (1) States have a legitimate interest in prohibiting 
     electioneering at or near polling places, and each State has 
     some form of restriction on political activities near polling 
     places when voting is taking place.
       (2) In recent elections, voters have waited in unacceptably 
     long lines to cast their ballot. During the 2018 midterm 
     election, more than 3,000,000 voters were made to wait longer 
     than the acceptable threshold for wait times set by the 
     Presidential Commission on Election Administration, including 
     many well-documented cases where voters were made to wait for 
     several hours. A disproportionate number of those who had to 
     wait long periods were Black or Latino voters, who were more 
     likely than White voters to wait in the longest lines on 
     Election Day.
       (3) Allowing volunteers to donate food and water to all 
     people waiting in line at a polling place, regardless of the 
     voters' political preference and without engaging in 
     electioneering activities or partisan advocacy, helps ensure 
     Americans who face long lines at their polling place can 
     still exercise their Constitutional right to vote, without 
     risk of dehydration, inadequate food, discomfort, and risks 
     to health.

     SEC. 3702. PROHIBITING RESTRICTIONS ON DONATIONS OF FOOD AND 
                   BEVERAGES AT POLLING STATIONS.

       (a) Requirement.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
     amended by section 1031(a), section 1044(a), section 1101(a), 
     section 1102(a), section 1103(a), section 1104(a), section 
     1201(a), section 1301(a), section 1302(a), section 1303(b), 
     section 1305(a), section 1606(a)(1), section 1607(a), and 
     section 1624(a) is amended--
       (1) by redesignating sections 318 and 319 as sections 319 
     and 320, respectively; and
       (2) by inserting after section 317 the following new 
     section:

     ``SEC. 318. PROHIBITING STATES FROM RESTRICTING DONATIONS OF 
                   FOOD AND BEVERAGES AT POLLING STATIONS.

       ``(a) Prohibition.--Subject to the exception in subsection 
     (b), a State may not impose any restriction on the donation 
     of food and nonalcoholic beverages to persons outside of the 
     entrance to the building where a polling place for a Federal 
     election is located, provided that such food and nonalcoholic 
     beverages are distributed without regard to the electoral 
     participation or political preferences of the recipients.
       ``(b) Exception.--A State may require persons distributing 
     food and nonalcoholic beverages outside the entrance to the 
     building where a polling place for a Federal election is 
     located to refrain from political or electioneering activity.
       ``(c) Effective Date.--This section shall apply with 
     respect to elections for Federal office occurring on and 
     after January 1, 2026.''.
       (b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 
     U.S.C. 21101(b)), as added and redesignated by section 
     1101(b) and as amended by sections 1102, 1103, 1104, 1303, 
     and 3601(b), is amended by striking ``and 303A'' and 
     inserting ``303A, and 317''.
       (c) Clerical Amendments.--The table of contents of such 
     Act, as amended by section 1031(c), section 1044(b), section 
     1101(c), section 1102(c), section 1103(a), section 1104(c), 
     section 1201(c), section 1301(a), section 1302(a), section 
     1303(b), section 1305(a), section 1606(a)(3), section 
     1607(b), and section 1624(b) is amended--
       (1) by redesignating the items relating to sections 318 and 
     319 as relating to sections 319 and 320, respectively; and
       (2) by inserting after the item relating to section 317 the 
     following new item:

``Sec. 318. Prohibiting States from restricting donations of food and 
              beverages at polling stations.''.

 Subtitle I--Establishing Duty to Report Foreign Election Interference

     SEC. 3801. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR 
                   DEMOCRACY.

       Congress finds the following:
       (1) Criminals, terrorists, and corrupt government officials 
     frequently abuse anonymously held Limited Liability Companies 
     (LLCs), also known as ``shell companies,'' to hide, move, and 
     launder the dirty money derived from illicit activities such 
     as trafficking, bribery, exploitation, and embezzlement. 
     Ownership and control of the finances that run through shell 
     companies are obscured to regulators and law enforcement 
     because little information is required and collected when 
     establishing these entities.
       (2) The public release of the ``Panama Papers'' in 2016 and 
     the ``Paradise Papers'' in 2017 revealed that these shell 
     companies often purchase and sell United States real estate. 
     United States anti-money laundering laws do not apply to cash 
     transactions involving real estate effectively concealing the 
     beneficiaries and transactions from regulators and law 
     enforcement.
       (3) Since the Supreme Court's decisions in Citizens United 
     v.  Federal Election Commission, 558 U.S. 310 (2010), 
     billions of dollars have flowed into super PACs through LLCs 
     whose funders are anonymous or intentionally obscured. 
     Criminal investigations have uncovered LLCs that were used to 
     hide illegal campaign contributions from foreign criminal 
     fugitives, to advance international influence-buying schemes, 
     and to conceal contributions from donors who were already 
     under investigation for bribery and racketeering. Voters have 
     no way to know the true sources of the money being routed 
     through these LLCs to influence elections, including whether 
     any of the funds come from foreign or other illicit sources.
       (4) Congress should curb the use of anonymous shell 
     companies for illicit purposes by requiring United States 
     companies to disclose their beneficial owners, strengthening 
     anti-money laundering and counter-terrorism finance laws.
       (5) Congress should examine the money laundering and 
     terrorist financing risks in the real estate market, 
     including the role of anonymous parties, and review 
     legislation to address any vulnerabilities identified in this 
     sector.
       (6) Congress should examine the methods by which corruption 
     flourishes and the means to detect and deter the financial 
     misconduct that fuels this driver of global instability. 
     Congress should monitor government efforts to enforce United 
     States anticorruption laws and regulations.

     SEC. 3802. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.

       (a) Initial Notice.--

[[Page S4458]]

       (1) In general.--Section 304 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding 
     at the end the following new subsection:
       ``(j) Disclosure of Reportable Foreign Contacts.--
       ``(1) Committee obligation to notify.--Not later than 1 
     week after a reportable foreign contact, each political 
     committee shall notify the Federal Bureau of Investigation 
     and the Commission of the reportable foreign contact and 
     provide a summary of the circumstances with respect to such 
     reportable foreign contact. The Federal Bureau of 
     Investigation, not later than 1 week after receiving a 
     notification from a political committee under this paragraph, 
     shall submit to the political committee, the Permanent Select 
     Committee on Intelligence of the House of Representatives, 
     and the Select Committee on Intelligence of the Senate 
     written or electronic confirmation of receipt of the 
     notification.
       ``(2) Individual obligation to notify.--Not later than 3 
     days after a reportable foreign contact--
       ``(A) each candidate and each immediate family member of a 
     candidate shall notify the treasurer or other designated 
     official of the principal campaign committee of such 
     candidate of the reportable foreign contact and provide a 
     summary of the circumstances with respect to such reportable 
     foreign contact; and
       ``(B) each official, employee, or agent of a political 
     committee shall notify the treasurer or other designated 
     official of the committee of the reportable foreign contact 
     and provide a summary of the circumstances with respect to 
     such reportable foreign contact.
       ``(3) Reportable foreign contact.--In this subsection:
       ``(A) In general.--The term `reportable foreign contact' 
     means any direct or indirect contact or communication that--
       ``(i) is between--

       ``(I) a candidate, an immediate family member of the 
     candidate, a political committee, or any official, employee, 
     or agent of such committee; and
       ``(II) an individual that the person described in subclause 
     (I) knows, has reason to know, or reasonably believes is a 
     covered foreign national; and

       ``(ii) the person described in clause (i)(I) knows, has 
     reason to know, or reasonably believes involves--

       ``(I) an offer or other proposal for a contribution, 
     donation, expenditure, disbursement, or solicitation 
     described in section 319; or
       ``(II) direct or indirect coordination or collaboration 
     with, or a direct or indirect offer or provision of 
     information or services to or from, a covered foreign 
     national in connection with an election.

       ``(B) Exceptions.--
       ``(i) Contacts in official capacity as elected official.--
     The term `reportable foreign contact' shall not include any 
     contact or communication with a covered foreign national by 
     an elected official or an employee of an elected official 
     solely in an official capacity as such an official or 
     employee.
       ``(ii) Contacts for purposes of enabling observation of 
     elections by international observers.--The term `reportable 
     foreign contact' shall not include any contact or 
     communication with a covered foreign national by any person 
     which is made for purposes of enabling the observation of 
     elections in the United States by a foreign national or the 
     observation of elections outside of the United States by a 
     candidate, political committee, or any official, employee, or 
     agent of such committee.
       ``(iii) Exceptions not applicable if contacts or 
     communications involve prohibited disbursements.--A contact 
     or communication by an elected official or an employee of an 
     elected official shall not be considered to be made solely in 
     an official capacity for purposes of clause (i), and a 
     contact or communication shall not be considered to be made 
     for purposes of enabling the observation of elections for 
     purposes of clause (ii), if the contact or communication 
     involves a contribution, donation, expenditure, disbursement, 
     or solicitation described in section 319.
       ``(C) Covered foreign national defined.--
       ``(i) In general.--In this paragraph, the term `covered 
     foreign national' means--

       ``(I) a foreign principal (as defined in section 1(b) of 
     the Foreign Agents Registration Act of 1938 (22 U.S.C. 
     611(b)) that is a government of a foreign country or a 
     foreign political party;
       ``(II) any person who acts as an agent, representative, 
     employee, or servant, or any person who acts in any other 
     capacity at the order, request, or under the direction or 
     control, of a foreign principal described in subclause (I) or 
     of a person any of whose activities are directly or 
     indirectly supervised, directed, controlled, financed, or 
     subsidized in whole or in major part by a foreign principal 
     described in subclause (I); or
       ``(III) any person included in the list of specially 
     designated nationals and blocked persons maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury pursuant to authorities relating to the imposition 
     of sanctions relating to the conduct of a foreign principal 
     described in subclause (I).

       ``(ii) Clarification regarding application to citizens of 
     the united states.--In the case of a citizen of the United 
     States, subclause (II) of clause (i) applies only to the 
     extent that the person involved acts within the scope of that 
     person's status as the agent of a foreign principal described 
     in subclause (I) of clause (i).
       ``(4) Immediate family member.--In this subsection, the 
     term `immediate family member' means, with respect to a 
     candidate, a parent, parent-in-law, spouse, adult child, or 
     sibling.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to reportable foreign contacts which 
     occur on or after the date of the enactment of this Act.
       (b) Information Included on Report.--
       (1) In general.--Section 304(b) of such Act (52 U.S.C. 
     30104(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (7);
       (B) by striking the period at the end of paragraph (8) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(9) for any reportable foreign contact (as defined in 
     subsection (j)(3))--
       ``(A) the date, time, and location of the contact;
       ``(B) the date and time of when a designated official of 
     the committee was notified of the contact;
       ``(C) the identity of individuals involved; and
       ``(D) a description of the contact, including the nature of 
     any contribution, donation, expenditure, disbursement, or 
     solicitation involved and the nature of any activity 
     described in subsection (j)(3)(A)(ii)(II) involved.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply with respect to reports filed on or after the 
     expiration of the 60-day period which begins on the date of 
     the enactment of this Act.

     SEC. 3803. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING 
                   COMPLIANCE SYSTEM.

       (a) In General.--Section 302 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding 
     at the end the following new subsection:
       ``(j) Reportable Foreign Contacts Compliance Policy.--
       ``(1) Reporting.--Each political committee shall establish 
     a policy that requires all officials, employees, and agents 
     of such committee (and, in the case of an authorized 
     committee, the candidate and each immediate family member of 
     the candidate) to notify the treasurer or other appropriate 
     designated official of the committee of any reportable 
     foreign contact (as defined in section 304(j)) not later than 
     3 days after such contact was made.
       ``(2) Retention and preservation of records.--Each 
     political committee shall establish a policy that provides 
     for the retention and preservation of records and information 
     related to reportable foreign contacts (as so defined) for a 
     period of not less than 3 years.
       ``(3) Certification.--
       ``(A) In general.--Upon filing its statement of 
     organization under section 303(a), and with each report filed 
     under section 304(a), the treasurer of each political 
     committee (other than an authorized committee) shall certify 
     that--
       ``(i) the committee has in place policies that meet the 
     requirements of paragraphs (1) and (2);
       ``(ii) the committee has designated an official to monitor 
     compliance with such policies; and
       ``(iii) not later than 1 week after the beginning of any 
     formal or informal affiliation with the committee, all 
     officials, employees, and agents of such committee will--

       ``(I) receive notice of such policies;
       ``(II) be informed of the prohibitions under section 319; 
     and
       ``(III) sign a certification affirming their understanding 
     of such policies and prohibitions.

       ``(B) Authorized committees.--With respect to an authorized 
     committee, the candidate shall make the certification 
     required under subparagraph (A).''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply with respect to political committees which file a 
     statement of organization under section 303(a) of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or 
     after the date of the enactment of this Act.
       (2) Transition rule for existing committees.--Not later 
     than 30 days after the date of the enactment of this Act, 
     each political committee under the Federal Election Campaign 
     Act of 1971 shall file a certification with the Federal 
     Election Commission that the committee is in compliance with 
     the requirements of section 302(j) of such Act (as added by 
     subsection (a)).

     SEC. 3804. CRIMINAL PENALTIES.

       Section 309(d)(1) of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end 
     the following new subparagraphs:
       ``(E) Any person who knowingly and willfully commits a 
     violation of subsection (j) or (b)(9) of section 304 or 
     section 302(j) shall be fined not more than $500,000, 
     imprisoned not more than 5 years, or both.
       ``(F) Any person who knowingly and willfully conceals or 
     destroys any materials relating to a reportable foreign 
     contact (as defined in section 304(j)) shall be fined not 
     more than $1,000,000, imprisoned not more than 5 years, or 
     both.''.

[[Page S4459]]

  


     SEC. 3805. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Director 
     of the Federal Bureau of Investigation shall submit to the 
     congressional intelligence committees a report relating to 
     notifications received by the Federal Bureau of Investigation 
     under section 304(j)(1) of the Federal Election Campaign Act 
     of 1971 (as added by section 4902(a) of this division).
       (b) Elements.--Each report under subsection (a) shall 
     include, at a minimum, the following with respect to 
     notifications described in subsection (a):
       (1) The number of such notifications received from 
     political committees during the year covered by the report.
       (2) A description of protocols and procedures developed by 
     the Federal Bureau of Investigation relating to receipt and 
     maintenance of records relating to such notifications.
       (3) With respect to such notifications received during the 
     year covered by the report, a description of any subsequent 
     actions taken by the Director resulting from the receipt of 
     such notifications.
       (c) Congressional Intelligence Committees Defined.--In this 
     section, the term ``congressional intelligence committees'' 
     has the meaning given that term in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 3003).

     SEC. 3806. RULE OF CONSTRUCTION.

       Nothing in this subtitle or the amendments made by this 
     subtitle shall be construed--
       (1) to impede legitimate journalistic activities; or
       (2) to impose any additional limitation on the right to 
     express political views or to participate in public discourse 
     of any individual who--
       (A) resides in the United States;
       (B) is not a citizen of the United States or a national of 
     the United States, as defined in section 101(a)(22) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
       (C) is not lawfully admitted for permanent residence, as 
     defined by section 101(a)(20) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(20)).

 Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
                   Verifiable Permanent Paper Ballot

     SEC. 3901. SHORT TITLE.

       This subtitle may be cited as the ``Voter Confidence and 
     Increased Accessibility Act of 2024''.

     SEC. 3902. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

       (a) In General.--Section 301(a)(2) of the Help America Vote 
     Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as 
     follows:
       ``(2) Paper ballot requirement.--
       ``(A) Voter-verifiable paper ballots.--
       ``(i) The voting system shall require the use of an 
     individual, durable, voter-verifiable paper ballot of the 
     voter's vote selections that shall be marked by the voter and 
     presented to the voter for verification before the voter's 
     ballot is preserved in accordance with subparagraph (B), and 
     which shall be counted by hand or other counting device or 
     read by a ballot tabulation device. For purposes of this 
     subclause, the term `individual, durable, voter-verifiable 
     paper ballot' means a paper ballot marked by the voter by 
     hand or a paper ballot marked through the use of a 
     nontabulating ballot marking device or system, so long as the 
     voter shall have the option at every in-person voting 
     location to mark by hand a printed ballot that includes all 
     relevant contests and candidates.
       ``(ii) The voting system shall provide the voter with an 
     opportunity to correct any error on the paper ballot before 
     the permanent voter-verifiable paper ballot is preserved in 
     accordance with subparagraph (B).
       ``(iii) The voting system shall not preserve the voter-
     verifiable paper ballots in any manner that makes it 
     possible, at any time after the ballot has been cast, to 
     associate a voter with the record of the voter's vote 
     selections.
       ``(iv) The voting system shall prevent, through mechanical 
     means or through independently verified protections, the 
     modification or addition of vote selections on a printed or 
     marked ballot at any time after the voter has been provided 
     an opportunity to correct errors on the ballot pursuant to 
     clause (ii).
       ``(B) Preservation as official record.--The individual, 
     durable, voter-verifiable paper ballot used in accordance 
     with subparagraph (A) shall constitute the official ballot 
     and shall be preserved and used as the official ballot for 
     purposes of any recount or audit conducted with respect to 
     any election for Federal office in which the voting system is 
     used.
       ``(C) Manual counting requirements for recounts and 
     audits.--
       ``(i) Each paper ballot used pursuant to subparagraph (A) 
     shall be suitable for a manual audit, and such ballots, or at 
     least those ballots the machine could not count, shall be 
     counted by hand in any recount or audit conducted with 
     respect to any election for Federal office.
       ``(ii) In the event of any inconsistencies or 
     irregularities between any electronic vote tallies and the 
     vote tallies determined by counting by hand the individual, 
     durable, voter-verifiable paper ballots used pursuant to 
     subparagraph (A), the individual, durable, voter-verifiable 
     paper ballots shall be the true and correct record of the 
     votes cast.
       ``(D) Sense of congress.--It is the sense of Congress that 
     as innovation occurs in the election infrastructure sector, 
     Congress should ensure that this Act and other Federal 
     requirements for voting systems are updated to keep pace with 
     best practices and recommendations for security and 
     accessibility.''.
       (b) Conforming Amendment Clarifying Applicability of 
     Alternative Language Accessibility.--Section 301(a)(4) of 
     such Act (52 U.S.C. 21081(a)(4)) is amended by inserting 
     ``(including the paper ballots required to be used under 
     paragraph (2))'' after ``voting system''.
       (c) Other Conforming Amendments.--Section 301(a)(1) of such 
     Act (52 U.S.C. 21081(a)(1)) is amended--
       (1) in subparagraph (A)(i), by striking ``counted'' and 
     inserting ``counted, in accordance with paragraphs (2) and 
     (3)'';
       (2) in subparagraph (A)(ii), by striking ``counted'' and 
     inserting ``counted, in accordance with paragraphs (2) and 
     (3)'';
       (3) in subparagraph (A)(iii), by striking ``counted'' each 
     place it appears and inserting ``counted, in accordance with 
     paragraphs (2) and (3)''; and
       (4) in subparagraph (B)(ii), by striking ``counted'' and 
     inserting ``counted, in accordance with paragraphs (2) and 
     (3)''.

     SEC. 3903. ACCESSIBILITY AND BALLOT VERIFICATION FOR 
                   INDIVIDUALS WITH DISABILITIES.

       (a) In General.--Paragraph (3) of section 301(a) of the 
     Help America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is 
     amended to read as follows:
       ``(3) Accessibility for individuals with disabilities.--
       ``(A) In general.--The voting system shall--
       ``(i) be accessible for individuals with disabilities, 
     including nonvisual accessibility for the blind and visually 
     impaired, in a manner that provides the same opportunity for 
     access and participation (including privacy and independence) 
     as for other voters;
       ``(ii)(I) ensure that individuals with disabilities and 
     others are given an equivalent opportunity to vote, including 
     with privacy and independence, in a manner that produces a 
     voter-verifiable paper ballot; and
       ``(II) satisfy the requirement of clause (i) through the 
     use at in-person polling locations of a sufficient number 
     (not less than one) of voting systems equipped to serve 
     individuals with and without disabilities, including 
     nonvisual and enhanced visual accessibility for the blind and 
     visually impaired, and nonmanual and enhanced manual 
     accessibility for the mobility and dexterity impaired; and
       ``(iii) if purchased with funds made available under title 
     II on or after January 1, 2007, meet the voting system 
     standards for disability access (as outlined in this 
     paragraph).
       ``(B) Means of meeting requirements.--A voting system may 
     meet the requirements of subparagraph (A)(i) and paragraph 
     (2) by--
       ``(i) allowing the voter to privately and independently 
     verify the permanent paper ballot through the presentation, 
     in accessible form, of the printed or marked vote selections 
     from the same printed or marked information that would be 
     used for any vote tabulation or auditing;
       ``(ii) allowing the voter to privately and independently 
     verify and cast the permanent paper ballot without requiring 
     the voter to manually handle the paper ballot;
       ``(iii) marking ballots that are identical in size, ink, 
     and paper stock to those ballots that would either be marked 
     by hand or be marked by a ballot marking device made 
     generally available to voters; or
       ``(iv) combining ballots produced by any ballot marking 
     devices reserved for individuals with disabilities with 
     ballots that have either been marked by voters by hand or 
     marked by ballot marking devices made generally available to 
     voters, in a way that prevents identification of the ballots 
     that were cast using any ballot marking device that was 
     reserved for individuals with disabilities.
       ``(C) Sufficient number.--For purposes of subparagraph 
     (A)(ii)(II), the sufficient number of voting systems for any 
     in-person polling location shall be determined based on 
     guidance from the Attorney General, in consultation with the 
     Architectural and Transportation Barriers Compliance Board 
     established under section 502(a)(1) of the Rehabilitation Act 
     of 1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the 
     United States Access Board) and the Commission.''.
       (b) Specific Requirement of Study, Testing, and Development 
     of Accessible Voting Options.--
       (1) Study and reporting.--Subtitle C of title II of such 
     Act (52 U.S.C. 21081 et seq.) is amended--
       (A) by redesignating section 247 as section 248; and
       (B) by inserting after section 246 the following new 
     section:

     ``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS.

       ``(a) Grants to Study and Report.--The Commission, in 
     coordination with the Access Board and the Cybersecurity and 
     Infrastructure Security Agency, shall make grants to not 
     fewer than 2 eligible entities to study, test, and develop--
       ``(1) accessible and secure remote voting systems;
       ``(2) voting, verification, and casting devices to enhance 
     the accessibility of voting and verification for individuals 
     with disabilities; or
       ``(3) both of the matters described in paragraph (1) and 
     (2).

[[Page S4460]]

       ``(b) Eligibility.--An entity is eligible to receive a 
     grant under this part if it submits to the Commission (at 
     such time and in such form as the Commission may require) an 
     application containing--
       ``(1) a certification that the entity shall complete the 
     activities carried out with the grant not later than January 
     1, 2028; and
       ``(2) such other information and certifications as the 
     Commission may require.
       ``(c) Availability of Technology.--Any technology developed 
     with the grants made under this section shall be treated as 
     non-proprietary and shall be made available to the public, 
     including to manufacturers of voting systems.
       ``(d) Coordination With Grants for Technology 
     Improvements.--The Commission shall carry out this section so 
     that the activities carried out with the grants made under 
     subsection (a) are coordinated with the research conducted 
     under the grant program carried out by the Commission under 
     section 271, to the extent that the Commission determine 
     necessary to provide for the advancement of accessible voting 
     technology.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (a) $10,000,000, 
     to remain available until expended.''.
       (2) Clerical amendment.--The table of contents of such Act 
     is amended--
       (A) by redesignating the item relating to section 247 as 
     relating to section 248; and
       (B) by inserting after the item relating to section 246 the 
     following new item:

``Sec. 247. Study and report on accessible voting options.''.
       (c) Clarification of Accessibility Standards Under 
     Voluntary Voting System Guidance.--In adopting any voluntary 
     guidance under subtitle B of title III of the Help America 
     Vote Act with respect to the accessibility of the paper 
     ballot verification requirements for individuals with 
     disabilities, the Election Assistance Commission shall 
     include and apply the same accessibility standards applicable 
     under the voluntary guidance adopted for accessible voting 
     systems under such subtitle.
       (d) Permitting Use of Funds for Protection and Advocacy 
     Systems to Support Actions to Enforce Election-Related 
     Disability Access.--Section 292(a) of the Help America Vote 
     Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ``; 
     except that'' and all that follows and inserting a period.

     SEC. 3904. DURABILITY AND READABILITY REQUIREMENTS FOR 
                   BALLOTS.

       Section 301(a) of the Help America Vote Act of 2002 (52 
     U.S.C. 21081(a)) is amended by adding at the end the 
     following new paragraph:
       ``(7) Durability and readability requirements for 
     ballots.--
       ``(A) Durability requirements for paper ballots.--
       ``(i) In general.--All voter-verifiable paper ballots 
     required to be used under this Act shall be marked or printed 
     on durable paper.
       ``(ii) Definition.--For purposes of this Act, paper is 
     `durable' if it is capable of withstanding multiple counts 
     and recounts by hand without compromising the fundamental 
     integrity of the ballots, and capable of retaining the 
     information marked or printed on them for the full duration 
     of a retention and preservation period of 22 months.
       ``(B) Readability requirements for paper ballots marked by 
     ballot marking device.--All voter-verifiable paper ballots 
     completed by the voter through the use of a ballot marking 
     device shall be clearly readable by the voter without 
     assistance (other than eyeglasses or other personal vision 
     enhancing devices) and by a ballot tabulation device or other 
     device equipped for individuals with disabilities.''.

     SEC. 3905. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.

       (a) Study.--The Election Assistance Commission shall 
     conduct a study of the best ways to design ballots used in 
     elections for public office, including paper ballots and 
     electronic or digital ballots, to minimize confusion and user 
     errors.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Election Assistance Commission 
     shall submit to Congress a report on the study conducted 
     under subsection (a).

     SEC. 3906. BALLOT MARKING DEVICE CYBERSECURITY REQUIREMENTS.

       Section 301(a) of the Help America Vote Act of 2002 (52 
     U.S.C. 21081(a)), as amended by section 3904, is further 
     amended by adding at the end the following new paragraphs:
       ``(8) Prohibition of use of wireless communications devices 
     in systems or devices.--No system or device upon which ballot 
     marking devices or ballot tabulation devices are configured, 
     upon which ballots are marked by voters at a polling place 
     (except as necessary for individuals with disabilities to use 
     ballot marking devices that meet the accessibility 
     requirements of paragraph (3)), or upon which votes are cast, 
     tabulated, or aggregated shall contain, use, or be accessible 
     by any wireless, power-line, or concealed communication 
     device.
       ``(9) Prohibiting connection of system to the internet.--No 
     system or device upon which ballot marking devices or ballot 
     tabulation devices are configured, upon which ballots are 
     marked by voters at a voting place, or upon which votes are 
     cast, tabulated, or aggregated shall be connected to the 
     internet or any non-local computer system via telephone or 
     other communication network at any time.''.

     SEC. 3907. EFFECTIVE DATE FOR NEW REQUIREMENTS.

       Section 301(d) of the Help America Vote Act of 2002 (52 
     U.S.C. 21081(d)) is amended to read as follows:
       ``(d) Effective Date.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State and jurisdiction shall be required to comply with 
     the requirements of this section on and after January 1, 
     2006.
       ``(2) Special rule for certain requirements.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), the requirements of this section which are first 
     imposed on a State or jurisdiction pursuant to the amendments 
     made by the Voter Confidence and Increased Accessibility Act 
     of 2024 shall apply with respect to voting systems used for 
     any election for Federal office held in 2026 or any 
     succeeding year.
       ``(B) Special rule for jurisdictions using certain paper 
     record printers or certain systems using or producing voter-
     verifiable paper records in 2024.--
       ``(i) In general.--In the case of a jurisdiction described 
     in clause (ii), the requirements of paragraphs (2)(A)(i) and 
     (7) of subsection (a) (as amended or added by the Voter 
     Confidence and Increased Accessibility Act of 2024) shall not 
     apply before the date on which the jurisdiction replaces the 
     printers or systems described in clause (ii)(I) for use in 
     the administration of elections for Federal office.
       ``(ii) Jurisdictions described.--A jurisdiction described 
     in this clause is a jurisdiction--

       ``(I) which used voter-verifiable paper record printers 
     attached to direct recording electronic voting machines, or 
     which used other voting systems that used or produced paper 
     records of the vote verifiable by voters but that are not in 
     compliance with paragraphs (2)(A)(i) and (7) of subsection 
     (a) (as amended or added by the Voter Confidence and 
     Increased Accessibility Act of 2024), for the administration 
     of the regularly scheduled general election for Federal 
     office held in November 2024; and
       ``(II) which will continue to use such printers or systems 
     for the administration of elections for Federal office held 
     in years before the applicable year.

       ``(iii) Mandatory availability of paper ballots at polling 
     places using grandfathered printers and systems.--

       ``(I) Requiring ballots to be offered and provided.--The 
     appropriate election official at each polling place that uses 
     a printer or system described in clause (ii)(I) for the 
     administration of elections for Federal office shall offer 
     each individual who is eligible to cast a vote in the 
     election at the polling place the opportunity to cast the 
     vote using a blank printed paper ballot which the individual 
     may mark by hand and which is not produced by the direct 
     recording electronic voting machine or other such system. The 
     official shall provide the individual with the ballot and the 
     supplies necessary to mark the ballot, and shall ensure (to 
     the greatest extent practicable) that the waiting period for 
     the individual to cast a vote is the lesser of 30 minutes or 
     the average waiting period for an individual who does not 
     agree to cast the vote using such a paper ballot under this 
     clause.
       ``(II) Treatment of ballot.--Any paper ballot which is cast 
     by an individual under this clause shall be counted and 
     otherwise treated as a regular ballot for all purposes 
     (including by incorporating it into the final unofficial vote 
     count (as defined by the State) for the precinct) and not as 
     a provisional ballot, unless the individual casting the 
     ballot would have otherwise been required to cast a 
     provisional ballot.
       ``(III) Posting of notice.--The appropriate election 
     official shall ensure there is prominently displayed at each 
     polling place a notice that describes the obligation of the 
     official to offer individuals the opportunity to cast votes 
     using a printed blank paper ballot. The notice shall comply 
     with the requirements of section 203 of the Voting Rights Act 
     of 1965 (52 U.S.C. 10503).
       ``(IV) Training of election officials.--The chief State 
     election official shall ensure that election officials at 
     polling places in the State are aware of the requirements of 
     this clause, including the requirement to display a notice 
     under subclause (III), and are aware that it is a violation 
     of the requirements of this title for an election official to 
     fail to offer an individual the opportunity to cast a vote 
     using a blank printed paper ballot.
       ``(V) Period of applicability.--The requirements of this 
     clause apply only during the period beginning on January 1, 
     2026, and ending on the date on which the which the 
     jurisdiction replaces the printers or systems described in 
     clause (ii)(I) for use in the administration of elections for 
     Federal office.

       ``(C) Delay for certain jurisdictions using voting systems 
     with wireless communication devices or internet 
     connections.--
       ``(i) Delay.--In the case of a jurisdiction described in 
     clause (ii), subparagraph (A) shall apply to a voting system 
     in the jurisdiction as if the reference in such subparagraph 
     to `2026' were a reference to `the applicable year', but only 
     with respect to the following requirements of this section.

       ``(I) Paragraph (8) of subsection (a) (relating to 
     prohibition of wireless communication devices)

[[Page S4461]]

       ``(II) Paragraph (9) of subsection (a) (relating to 
     prohibition of connecting systems to the internet)

       ``(ii) Jurisdictions described.--A jurisdiction described 
     in this clause is a jurisdiction--

       ``(I) which used a voting system which is not in compliance 
     with paragraphs (8) or (9) of subsection (a) (as amended or 
     added by the Voter Confidence and Increased Accessibility Act 
     of 2024) for the administration of the regularly scheduled 
     general election for Federal office held in November 2022;
       ``(II) which was not able, to all extent practicable, to 
     comply with paragraph (8) and (9) of subsection (a) before 
     January 1, 2026; and
       ``(III) which will continue to use such printers or systems 
     for the administration of elections for Federal office held 
     in years before the applicable year.

       ``(iii) Applicable year.--

       ``(I) In general.--Except as provided in subclause (II), 
     the term `applicable year' means 2030.
       ``(II) Extension.--If a State or jurisdiction certifies to 
     the Commission not later than January 1, 2030, that the State 
     or jurisdiction will not meet the requirements described in 
     subclauses (I) and (II) of clause (i) by such date because it 
     would be impractical to do so and includes in the 
     certification the reasons for the failure to meet the 
     deadline, the term `applicable year' means 2034.''.

     SEC. 3908. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING 
                   SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY 
                   IMPROVEMENTS.

       (a) Availability of Grants.--
       (1) In general.--Subtitle D of title II of the Help America 
     Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by 
     section 1302(c), is amended by adding at the end the 
     following new part:

 ``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
          AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

     ``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT 
                   VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM 
                   SECURITY IMPROVEMENTS.

       ``(a) Availability and Use of Grant.--
       ``(1) In general.--The Commission shall make a grant to 
     each eligible State--
       ``(A) to replace a voting system--
       ``(i) which does not meet the requirements which are first 
     imposed on the State pursuant to the amendments made by the 
     Voter Confidence and Increased Accessibility Act of 2024 with 
     a voting system which--

       ``(I) does meet such requirements; and
       ``(II) in the case of a grandfathered voting system (as 
     defined in paragraph (2)), is in compliance with the most 
     recent voluntary voting system guidelines; or

       ``(ii) which does meet such requirements but which is not 
     in compliance with the most recent voluntary voting system 
     guidelines with another system which does meet such 
     requirements and is in compliance with such guidelines;
       ``(B) to carry out voting system security improvements 
     described in section 298A with respect to the regularly 
     scheduled general election for Federal office held in 
     November 2026 and each succeeding election for Federal 
     office;
       ``(C) to implement and model best practices for ballot 
     design, ballot instructions, and the testing of ballots; and
       ``(D) to purchase or acquire accessible voting systems that 
     meet the requirements of paragraph (2) and paragraph 
     (3)(A)(i) of section 301(a) by the means described in 
     paragraph (3)(B) of such section.
       ``(2) Definition of grandfathered voting system.--In this 
     subsection, the term `grandfathered voting system' means a 
     voting system that is used by a jurisdiction described in 
     subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).
       ``(b) Amount of Payment.--
       ``(1) In general.--The amount of payment made to an 
     eligible State under this section shall be the minimum 
     payment amount described in paragraph (2) plus the voting age 
     population proportion amount described in paragraph (3).
       ``(2) Minimum payment amount.--The minimum payment amount 
     described in this paragraph is--
       ``(A) in the case of any of the several States or the 
     District of Columbia, one-half of 1 percent of the aggregate 
     amount made available for payments under this section; and
       ``(B) in the case of the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the United States Virgin Islands, or the 
     Commonwealth of the Northern Mariana Islands, one-tenth of 1 
     percent of such aggregate amount.
       ``(3) Voting age population proportion amount.--The voting 
     age population proportion amount described in this paragraph 
     is the product of--
       ``(A) the aggregate amount made available for payments 
     under this section minus the total of all of the minimum 
     payment amounts determined under paragraph (2); and
       ``(B) the voting age population proportion for the State 
     (as defined in paragraph (4)).
       ``(4) Voting age population proportion defined.--The term 
     `voting age population proportion' means, with respect to a 
     State, the amount equal to the quotient of--
       ``(A) the voting age population of the State (as reported 
     in the most recent decennial census); and
       ``(B) the total voting age population of all States (as 
     reported in the most recent decennial census).
       ``(5) Requirement relating to purchase of accessible voting 
     systems.--An eligible State shall use not less than 10 
     percent of funds received by the State under this section to 
     purchase accessible voting systems described in subsection 
     (a)(1)(D).

     ``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.

       ``(a) Permitted Uses.--A voting system security improvement 
     described in this section is any of the following:
       ``(1) The acquisition of goods and services from qualified 
     election infrastructure vendors by purchase, lease, or such 
     other arrangements as may be appropriate.
       ``(2) Cyber and risk mitigation training.
       ``(3) A security risk and vulnerability assessment of the 
     State's election infrastructure (as defined in section 
     3908(b) of the Voter Confidence and Increased Accessibility 
     Act of 2024) which is carried out by a provider of 
     cybersecurity services under a contract entered into between 
     the chief State election official and the provider.
       ``(4) The maintenance of infrastructure used for elections, 
     including addressing risks and vulnerabilities which are 
     identified under either of the security risk and 
     vulnerability assessments described in paragraph (3), except 
     that none of the funds provided under this part may be used 
     to renovate or replace a building or facility which is not a 
     primary provider of information technology services for the 
     administration of elections, and which is used primarily for 
     purposes other than the administration of elections for 
     public office.
       ``(5) Providing increased technical support for any 
     information technology infrastructure that the chief State 
     election official deems to be part of the State's election 
     infrastructure (as so defined) or designates as critical to 
     the operation of the State's election infrastructure (as so 
     defined).
       ``(6) Enhancing the cybersecurity and operations of the 
     information technology infrastructure described in paragraph 
     (4).
       ``(7) Enhancing the cybersecurity of voter registration 
     systems.
       ``(b) Qualified Election Infrastructure Vendors 
     Described.--For purposes of this part, a `qualified election 
     infrastructure vendor' is any person who provides, supports, 
     or maintains, or who seeks to provide, support, or maintain, 
     election infrastructure (as defined in section 3908(b) of the 
     Voter Confidence and Increased Accessibility Act of 2024) on 
     behalf of a State, unit of local government, or election 
     agency (as defined in section 3908(b) of such Act) who meets 
     the criteria described in section 3908(b) of such Act.

     ``SEC. 298B. ELIGIBILITY OF STATES.

       ``A State is eligible to receive a grant under this part if 
     the State submits to the Commission, at such time and in such 
     form as the Commission may require, an application 
     containing--
       ``(1) a description of how the State will use the grant to 
     carry out the activities authorized under this part;
       ``(2) a certification and assurance that, not later than 5 
     years after receiving the grant, the State will carry out 
     voting system security improvements, as described in section 
     298A; and
       ``(3) such other information and assurances as the 
     Commission may require.

     ``SEC. 298C. REPORTS TO CONGRESS.

       ``Not later than 90 days after the end of each fiscal year, 
     the Commission shall submit a report to the Committees on 
     Homeland Security, House Administration, and the Judiciary of 
     the House of Representatives and the Committees on Homeland 
     Security and Governmental Affairs, the Judiciary, and Rules 
     and Administration of the Senate, on the activities carried 
     out with the funds provided under this part.

     ``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization.--There are authorized to be 
     appropriated for grants under this part--
       ``(1) $2,400,000,000 for fiscal year 2026; and
       ``(2) $175,000,000 for each of the fiscal years 2028, 2030, 
     2032, and 2034.
       ``(b) Continuing Availability of Amounts.--Any amounts 
     appropriated pursuant to the authorization of this section 
     shall remain available until expended.''.
       (2) Clerical amendment.--The table of contents of such Act, 
     as amended by section 1402(c), is amended by adding at the 
     end of the items relating to subtitle D of title II the 
     following:

 ``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems 
          and Carrying Out Voting System Security Improvements

``Sec. 298. Grants for obtaining compliant paper ballot voting systems 
              and carrying out voting system security improvements.
``Sec. 298A. Voting system security improvements described.
``Sec. 298B. Eligibility of States.
``Sec. 298C. Reports to Congress.
``Sec. 298D. Authorization of appropriations.
       (b) Qualified Election Infrastructure Vendors.--
       (1) In general.--The Secretary, in consultation with the 
     Chair, shall establish and publish criteria for qualified 
     election infrastructure vendors for purposes of section 298A 
     of the Help America Vote Act of 2002 (as added by this Act).

[[Page S4462]]

       (2) Criteria.--The criteria established under paragraph (1) 
     shall include each of the following requirements:
       (A) The vendor shall--
       (i) be owned and controlled by a citizen or permanent 
     resident of the United States or a member of the Five Eyes 
     intelligence-sharing alliance; and
       (ii) in the case of any election infrastructure which is a 
     voting machine, ensure that such voting machine is assembled 
     in the United States.
       (B) The vendor shall disclose to the Secretary and the 
     Chair, and to the chief State election official of any State 
     to which the vendor provides any goods and services with 
     funds provided under part 8 of subtitle D of title II of the 
     Help America Vote Act of 2002 (as added by this Act), of any 
     sourcing outside the United States for parts of the election 
     infrastructure.
       (C) The vendor shall disclose to the Secretary and the 
     Chair, and to the chief State election official of any State 
     to which the vendor provides any goods and services with 
     funds provided under such part 8, the identification of any 
     entity or individual with a more than 5 percent ownership 
     interest in the vendor.
       (D) The vendor agrees to ensure that the election 
     infrastructure will be developed and maintained in a manner 
     that is consistent with the cybersecurity best practices 
     issued by the Cybersecurity and Infrastructure Security 
     Agency of the Department of Homeland Security.
       (E) The vendor agrees to maintain its information 
     technology infrastructure in a manner that is consistent with 
     the cybersecurity best practices issued by the Cybersecurity 
     and Infrastructure Security Agency of the Department of 
     Homeland Security.
       (F) The vendor agrees to ensure that the election 
     infrastructure will be developed and maintained in a manner 
     that is consistent with the supply chain best practices 
     issued by the Cybersecurity and Infrastructure Security 
     Agency of the Department of Homeland Security.
       (G) The vendor agrees to ensure that it has personnel 
     policies and practices in place that are consistent with 
     personnel best practices, including cybersecurity training 
     and background checks, issued by the Cybersecurity and 
     Infrastructure Security Agency of the Department of Homeland 
     Security.
       (H) The vendor agrees to ensure that the election 
     infrastructure will be developed and maintained in a manner 
     that is consistent with data integrity best practices, 
     including requirements for encrypted transfers and 
     validation, testing and checking printed materials for 
     accuracy, and disclosure of quality control incidents, issued 
     by the Cybersecurity and Infrastructure Security Agency of 
     the Department of Homeland Security.
       (I) The vendor agrees to meet the requirements of paragraph 
     (3) with respect to any known or suspected cybersecurity 
     incidents involving any of the goods and services provided by 
     the vendor pursuant to a grant under part 8 of subtitle D of 
     title II of the Help America Vote Act of 2002 (as added by 
     this Act).
       (J) The vendor agrees to permit independent security 
     testing by the Election Assistance Commission (in accordance 
     with section 231(a) of the Help America Vote Act of 2002 (52 
     U.S.C. 20971)) and by the Secretary of the goods and services 
     provided by the vendor pursuant to a grant under part 8 of 
     subtitle D of title II of the Help America Vote Act of 2002 
     (as added by this Act).
       (3) Cybersecurity incident reporting requirements.--
       (A) In general.--A vendor meets the requirements of this 
     paragraph if, upon becoming aware of the possibility that an 
     election cybersecurity incident has occurred involving any of 
     the goods and services provided by the vendor pursuant to a 
     grant under part 8 of subtitle D of title II of the Help 
     America Vote Act of 2002 (as added by this Act)--
       (i) the vendor promptly assesses whether or not such an 
     incident occurred, and submits a notification meeting the 
     requirements of subparagraph (B) to the Secretary and the 
     Chair of the assessment as soon as practicable (but in no 
     case later than 3 days after the vendor first becomes aware 
     of the possibility that the incident occurred);
       (ii) if the incident involves goods or services provided to 
     an election agency, the vendor submits a notification meeting 
     the requirements of subparagraph (B) to the agency as soon as 
     practicable (but in no case later than 3 days after the 
     vendor first becomes aware of the possibility that the 
     incident occurred), and cooperates with the agency in 
     providing any other necessary notifications relating to the 
     incident; and
       (iii) the vendor provides all necessary updates to any 
     notification submitted under clause (i) or clause (ii).
       (B) Contents of notifications.--Each notification submitted 
     under clause (i) or clause (ii) of subparagraph (A) shall 
     contain the following information with respect to any 
     election cybersecurity incident covered by the notification:
       (i) The date, time, and time zone when the election 
     cybersecurity incident began, if known.
       (ii) The date, time, and time zone when the election 
     cybersecurity incident was detected.
       (iii) The date, time, and duration of the election 
     cybersecurity incident.
       (iv) The circumstances of the election cybersecurity 
     incident, including the specific election infrastructure 
     systems believed to have been accessed and information 
     acquired, if any.
       (v) Any planned and implemented technical measures to 
     respond to and recover from the incident.
       (vi) In the case of any notification which is an update to 
     a prior notification, any additional material information 
     relating to the incident, including technical data, as it 
     becomes available.
       (C) Development of criteria for reporting.--Not later than 
     1 year after the date of enactment of this Act, the Director 
     of the Cybersecurity and Infrastructure Security Agency 
     shall, in consultation with the Election Infrastructure 
     Sector Coordinating Council, develop criteria for incidents 
     which are required to be reported in accordance with 
     subparagraph (A).
       (4) Definitions.--In this subsection:
       (A) Chair.--The term ``Chair'' means the Chair of the 
     Election Assistance Commission.
       (B) Chief state election official.--The term ``chief State 
     election official'' means, with respect to a State, the 
     individual designated by the State under section 10 of the 
     National Voter Registration Act of 1993 (52 U.S.C. 20509) to 
     be responsible for coordination of the State's 
     responsibilities under such Act.
       (C) Election agency.--The term ``election agency'' means 
     any component of a State, or any component of a unit of local 
     government in a State, which is responsible for the 
     administration of elections for Federal office in the State.
       (D) Election infrastructure.--The term ``election 
     infrastructure'' means storage facilities, polling places, 
     and centralized vote tabulation locations used to support the 
     administration of elections for public office, as well as 
     related information and communications technology, including 
     voter registration databases, voting machines, electronic 
     mail and other communications systems (including electronic 
     mail and other systems of vendors who have entered into 
     contracts with election agencies to support the 
     administration of elections, manage the election process, and 
     report and display election results), and other systems used 
     to manage the election process and to report and display 
     election results on behalf of an election agency.
       (E) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (F) State.--The term ``State'' has the meaning given such 
     term in section 901 of the Help America Vote Act of 2002 (52 
     U.S.C. 21141).

                    Subtitle K--Provisional Ballots

     SEC. 3911. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; 
                   ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY 
                   STANDARDS.

       (a) In General.--Section 302 of the Help America Vote Act 
     of 2002 (52 U.S.C. 21082), as amended by section 1601(a), is 
     amended--
       (1) by redesignating subsection (e) as subsection (h); and
       (2) by inserting after subsection (d) the following new 
     subsections:
       ``(e) Counting of Provisional Ballots.--
       ``(1) In general.--
       ``(A) For purposes of subsection (a)(4), if a provisional 
     ballot is cast within the same county in which the voter is 
     registered or otherwise eligible to vote, then 
     notwithstanding the precinct or polling place at which a 
     provisional ballot is cast within the county, the appropriate 
     election official of the jurisdiction in which the individual 
     is registered or otherwise eligible to vote shall count each 
     vote on such ballot for each election in which the individual 
     who cast such ballot is eligible to vote.
       ``(B) In addition to the requirements under subsection (a), 
     for each State or political subdivision that provides voters 
     provisional ballots, challenge ballots, or affidavit ballots 
     under the State's applicable law governing the voting 
     processes for those voters whose eligibility to vote is 
     determined to be uncertain by election officials, election 
     officials shall--
       ``(i) provide clear written instructions indicating the 
     reason the voter was given a provisional ballot, the 
     information or documents the voter needs to prove 
     eligibility, the location at which the voter must appear to 
     submit these materials or alternative methods, including 
     email or facsimile, that the voter may use to submit these 
     materials, and the deadline for submitting these materials;
       ``(ii) provide a verbal translation of any written 
     instructions to the voter if necessary;
       ``(iii) permit any voter who votes provisionally at any 
     polling place on Indian lands to appear at any polling place 
     or at a central location for the election board to submit the 
     documentation or information to prove eligibility; and
       ``(iv) notify the voter as to whether the voter's 
     provisional ballot was counted or rejected and provide the 
     reason for rejection if the voter's provisional ballot was 
     rejected after the voter provided the required information or 
     documentation on eligibility.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall prohibit a State or jurisdiction from counting a 
     provisional ballot which is cast in a different county within 
     the State than the county in which the voter is registered or 
     otherwise eligible to vote.
       ``(f) Due Process Requirements for States Requiring 
     Signature Verification.--
       ``(1) Requirement.--
       ``(A) In general.--A State may not impose a signature 
     verification requirement as a

[[Page S4463]]

     condition of accepting and counting a provisional ballot 
     submitted by any individual with respect to an election for 
     Federal office unless the State meets the due process 
     requirements described in paragraph (2).
       ``(B) Signature verification requirement described.--In 
     this subsection, a `signature verification requirement' is a 
     requirement that an election official verify the 
     identification of an individual by comparing the individual's 
     signature on the provisional ballot with the individual's 
     signature on the official list of registered voters in the 
     State or another official record or other document used by 
     the State to verify the signatures of voters.
       ``(2) Due process requirements.--
       ``(A) Notice and opportunity to cure discrepancy in 
     signatures.--If an individual submits a provisional ballot 
     and the appropriate State or local election official 
     determines that a discrepancy exists between the signature on 
     such ballot and the signature of such individual on the 
     official list of registered voters in the State or other 
     official record or document used by the State to verify the 
     signatures of voters, such election official, prior to making 
     a final determination as to the validity of such ballot, 
     shall--
       ``(i) as soon as practical, but no later than the next 
     business day after such determination is made, make a good 
     faith effort to notify the individual by mail, telephone, and 
     (if available) text message and electronic mail that--

       ``(I) a discrepancy exists between the signature on such 
     ballot and the signature of the individual on the official 
     list of registered voters in the State or other official 
     record or document used by the State to verify the signatures 
     of voters; and
       ``(II) if such discrepancy is not cured prior to the 
     expiration of the third day following the State's deadline 
     for receiving mail-in ballots or absentee ballots, such 
     ballot will not be counted; and

       ``(ii) cure such discrepancy and count the ballot if, prior 
     to the expiration of the third day following the State's 
     deadline for receiving mail-in ballots or absentee ballots, 
     the individual provides the official with information to cure 
     such discrepancy, either in person, by telephone, or by 
     electronic methods.
       ``(B) Notice and opportunity to cure missing signature or 
     other defect.--If an individual submits a provisional ballot 
     without a signature or submits a provisional ballot with 
     another defect which, if left uncured, would cause the ballot 
     to not be counted, the appropriate State or local election 
     official, prior to making a final determination as to the 
     validity of the ballot, shall--
       ``(i) as soon as practical, but no later than the next 
     business day after such determination is made, make a good 
     faith effort to notify the individual by mail, telephone, and 
     (if available) text message and electronic mail that--

       ``(I) the ballot did not include a signature or has some 
     other defect; and
       ``(II) if the individual does not provide the missing 
     signature or cure the other defect prior to the expiration of 
     the third day following the State's deadline for receiving 
     mail-in ballots or absentee ballots, such ballot will not be 
     counted; and

       ``(ii) count the ballot if, prior to the expiration of the 
     third day following the State's deadline for receiving mail-
     in ballots or absentee ballots, the individual provides the 
     official with the missing signature on a form proscribed by 
     the State or cures the other defect.
       ``(C) Other requirements.--
       ``(i) In general.--An election official may not make a 
     determination that a discrepancy exists between the signature 
     on a provisional ballot and the signature of the individual 
     on the official list of registered voters in the State or 
     other official record or other document used by the State to 
     verify the signatures of voters unless--

       ``(I) at least 2 election officials make the determination;
       ``(II) each official who makes the determination has 
     received training in procedures used to verify signatures; 
     and
       ``(III) of the officials who make the determination, at 
     least one is affiliated with the political party whose 
     candidate received the most votes in the most recent 
     statewide election for Federal office held in the State and 
     at least one is affiliated with the political party whose 
     candidate received the second most votes in the most recent 
     statewide election for Federal office held in the State.

       ``(ii) Exception.--Clause (i)(III) shall not apply to any 
     State in which, under a law that is in effect continuously on 
     and after the date of enactment of this section, 
     determinations regarding signature discrepancies are made by 
     election officials who are not affiliated with a political 
     party.
       ``(3) Report.--
       ``(A) In general.--Not later than 120 days after the end of 
     a Federal election cycle, each chief State election official 
     shall submit to the Commission a report containing the 
     following information for the applicable Federal election 
     cycle in the State:
       ``(i) The number of provisional ballots invalidated due to 
     a discrepancy under this subsection.
       ``(ii) Description of attempts to contact voters to provide 
     notice as required by this subsection.
       ``(iii) Description of the cure process developed by such 
     State pursuant to this subsection, including the number of 
     provisional ballots determined valid as a result of such 
     process.
       ``(B) Submission to congress.--Not later than 10 days after 
     receiving a report under subparagraph (A), the Commission 
     shall transmit such report to Congress.
       ``(C) Federal election cycle defined.--For purposes of this 
     subsection, the term `Federal election cycle' means, with 
     respect to any regularly scheduled election for Federal 
     office, the period beginning on the day after the date of the 
     preceding regularly scheduled general election for Federal 
     office and ending on the date of such regularly scheduled 
     general election.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed--
       ``(A) to prohibit a State from rejecting a ballot attempted 
     to be cast in an election for Federal office by an individual 
     who is not eligible to vote in the election; or
       ``(B) to prohibit a State from providing an individual with 
     more time and more methods for curing a discrepancy in the 
     individual's signature, providing a missing signature, or 
     curing any other defect than the State is required to provide 
     under this subsection.
       ``(5) Effective date.--This subsection shall apply with 
     respect to elections held on or after January 1, 2026.
       ``(g) Uniform and Nondiscriminatory Standards.--
       ``(1) In general.--Consistent with the requirements of this 
     section, each State shall establish uniform and 
     nondiscriminatory standards for the issuance, handling, and 
     counting of provisional ballots.
       ``(2) Effective date.--This subsection shall apply with 
     respect to elections held on or after January 1, 2026.
       ``(h) Additional Conditions Prohibited.--If an individual 
     in a State is eligible to cast a provisional ballot as 
     provided under this section, the State may not impose any 
     additional conditions or requirements (including conditions 
     or requirements regarding the timeframe in which a 
     provisional ballot may be cast) on the eligibility of the 
     individual to cast such provisional ballot.''.
       (b) Conforming Amendment.--Section 302(h) of such Act (52 
     U.S.C. 21082(g)), as amended by section 1601(a) and 
     redesignated by subsection (a), is amended by striking 
     ``subsection (d)(4)'' and inserting ``subsections (d)(4), 
     (e)(3), and (f)(2)''.

                    TITLE IV--VOTING SYSTEM SECURITY

     SEC. 4001. POST-ELECTION AUDIT REQUIREMENT.

       (a) In General.--Title III of the Help America Vote Act of 
     2002 (52 U.S.C. 21081 et seq.), as amended by section 3601, 
     is amended by inserting after section 303A the following new 
     section:

     ``SEC. 303B. POST-ELECTION AUDITS.

       ``(a) Definitions.--In this section:
       ``(1) Post-election audit.--Except as provided in 
     subsection (c)(1)(B), the term `post-election audit' means, 
     with respect to any election contest, a post-election process 
     that--
       ``(A) has a probability of at least 95 percent of 
     correcting the reported outcome if the reported outcome is 
     not the correct outcome;
       ``(B) will not change the outcome if the reported outcome 
     is the correct outcome; and
       ``(C) involves a manual adjudication of voter intent from 
     some or all of the ballots validly cast in the election 
     contest.
       ``(2) Reported outcome; correct outcome; outcome.--
       ``(A) Reported outcome.--The term `reported outcome' means 
     the outcome of an election contest which is determined 
     according to the canvass and which will become the official, 
     certified outcome unless it is revised by an audit, recount, 
     or other legal process.
       ``(B) Correct outcome.--The term `correct outcome' means 
     the outcome that would be determined by a manual adjudication 
     of voter intent for all votes validly cast in the election 
     contest.
       ``(C) Outcome.--The term `outcome' means the winner or set 
     of winners of an election contest.
       ``(3) Manual adjudication of voter intent.--The term 
     `manual adjudication of voter intent' means direct inspection 
     and determination by humans, without assistance from 
     electronic or mechanical tabulation devices, of the ballot 
     choices marked by voters on each voter-verifiable paper 
     record.
       ``(4) Ballot manifest.--The term `ballot manifest' means a 
     record maintained by each jurisdiction that--
       ``(A) is created without reliance on any part of the voting 
     system used to tabulate votes;
       ``(B) functions as a sampling frame for conducting a post-
     election audit; and
       ``(C) accounts for all ballots validly cast regardless of 
     how they were tabulated and includes a precise description of 
     the manner in which the ballots are physically stored, 
     including the total number of physical groups of ballots, the 
     numbering system for each group, a unique label for each 
     group, and the number of ballots in each such group.
       ``(b) Requirements.--
       ``(1) In general.--
       ``(A) Audits.--
       ``(i) In general.--Each State and jurisdiction shall 
     administer post-election audits of the results of all 
     election contests for Federal office held in the State in 
     accordance with the requirements of paragraph (2).
       ``(ii) Exception.--Clause (i) shall not apply to any 
     election contest for which the State or jurisdiction conducts 
     a full recount through a manual adjudication of voter intent.
       ``(B) Full manual tabulation.--If a post-election audit 
     conducted under subparagraph (A) corrects the reported 
     outcome of an election contest, the State or jurisdiction 
     shall

[[Page S4464]]

     use the results of the manual adjudication of voter intent 
     conducted as part of the post-election audit as the official 
     results of the election contest.
       ``(2) Audit requirements.--
       ``(A) Rules and procedures.--
       ``(i) In general.--Not later than 6 years after the date of 
     the enactment of this section, the chief State election 
     official of the State shall establish rules and procedures 
     for conducting post-election audits.
       ``(ii) Matters included.--The rules and procedures 
     established under clause (i) shall include the following:

       ``(I) Rules and procedures for ensuring the security of 
     ballots and documenting that prescribed procedures were 
     followed.
       ``(II) Rules and procedures for ensuring the accuracy of 
     ballot manifests produced by jurisdictions.
       ``(III) Rules and procedures for governing the format of 
     ballot manifests and other data involved in post-election 
     audits.
       ``(IV) Methods to ensure that any cast vote records used in 
     a post-election audit are those used by the voting system to 
     tally the results of the election contest sent to the chief 
     State election official of the State and made public.
       ``(V) Rules and procedures for the random selection of 
     ballots to be inspected manually during each audit.
       ``(VI) Rules and procedures for the calculations and other 
     methods to be used in the audit and to determine whether and 
     when the audit of each election contest is complete.
       ``(VII) Rules and procedures for testing any software used 
     to conduct post-election audits.

       ``(B) Public report.--
       ``(i) In general.--After the completion of the post-
     election audit and at least 5 days before the election 
     contest is certified by the State, the State shall make 
     public and submit to the Commission a report on the results 
     of the audit, together with such information as necessary to 
     confirm that the audit was conducted properly.
       ``(ii) Format of data.--All data published with the report 
     under clause (i) shall be published in machine-readable, open 
     data formats.
       ``(iii) Protection of anonymity of votes.--Information and 
     data published by the State under this subparagraph shall not 
     compromise the anonymity of votes.
       ``(iv) Report made available by commission.--After 
     receiving any report submitted under clause (i), the 
     Commission shall make such report available on its website.
       ``(3) Effective date; waiver.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), each State and jurisdiction shall be required to 
     comply with the requirements of this subsection for the first 
     regularly scheduled election for Federal office occurring in 
     2034 and for each subsequent election for Federal office.
       ``(B) Waiver.--Except as provided in subparagraph (C), if a 
     State certifies to the Election Assistance Commission not 
     later than the first regularly scheduled election for Federal 
     office occurring in 2034, that the State will not meet the 
     deadline described in subparagraph (A) because it would be 
     impracticable to do so and includes in the certification the 
     reasons for the failure to meet such deadline, subparagraph 
     (A) and subsection (c)(2) shall be applied to the State by 
     substituting `2036' for `2034'.
       ``(C) Additional waiver period.--If a State certifies to 
     the Election Assistance Commission not later than the first 
     regularly scheduled election for Federal office occurring in 
     2036, that the State will not meet the deadline described in 
     subparagraph (A) (after application of subparagraph (B)) 
     because it would be impracticable to do so and includes in 
     the certification the reasons for the failure to meet such 
     deadline, subparagraph (A) and subsection (c)(2) shall be 
     applied to the State by substituting `2038' for `2034'.
       ``(c) Phased Implementation.--
       ``(1) Post-election audits.--
       ``(A) In general.--For the regularly scheduled elections 
     for Federal office occurring in 2028 and 2030, each State 
     shall administer a post-election audit of the result of at 
     least one statewide election contest for Federal office held 
     in the State, or if no such statewide contest is on the 
     ballot, one election contest for Federal office chosen at 
     random.
       ``(B) Post-election audit defined.--In this subsection, the 
     term `post-election audit' means a post-election process that 
     involves a manual adjudication of voter intent from a sample 
     of ballots validly cast in the election contest.
       ``(2) Post-election audits for select contests.--Subject to 
     subparagraphs (B) and (C) of subsection (b)(3), for the 
     regularly scheduled elections for Federal office occurring in 
     2030 and for each subsequent election for Federal office that 
     occurs prior to the first regularly scheduled election for 
     Federal office occurring in 2034, each State shall administer 
     a post-election audit of the result of at least one statewide 
     election contest for Federal office held in the State, or if 
     no such statewide contest is on the ballot, one election 
     contest for Federal office chosen at random.
       ``(3) States that administer post-election audits for all 
     contests.--A State shall be exempt from the requirements of 
     this subsection for any regularly scheduled election for 
     Federal office in which the State meets the requirements of 
     subsection (b).''.
       (b) Clerical Amendment.--The table of contents for such 
     Act, as amended by section 3601, is amended by inserting 
     after the item relating to section 303A the following new 
     item:

``Sec. 303B. Post-election audits.''.
       (c) Study on Post-election Audit Best Practices.--
       (1) In general.--The Director of the National Institute of 
     Standards and Technology shall establish an advisory 
     committee to study post-election audits and establish best 
     practices for post-election audit methodologies and 
     procedures.
       (2) Advisory committee.--The Director of the National 
     Institute of Standards and Technology shall appoint 
     individuals to the advisory committee and secure the 
     representation of--
       (A) State and local election officials;
       (B) individuals with experience and expertise in election 
     security;
       (C) individuals with experience and expertise in post-
     election audit procedures; and
       (D) individuals with experience and expertise in 
     statistical methods.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     the purposes of this subsection.

     SEC. 4002. ELECTION INFRASTRUCTURE DESIGNATION.

       Subparagraph (J) of section 2001(3) of the Homeland 
     Security Act of 2002 (6 U.S.C. 601(3)) is amended by 
     inserting ``, including election infrastructure'' before the 
     period at the end.

     SEC. 4003. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL 
                   BOOKS AND REMOTE BALLOT MARKING SYSTEMS.

       (a) Inclusion Under Voluntary Voting System Guidelines.--
     Section 222 of the Help America Vote Act of 2002 (52 U.S.C. 
     20962) is amended--
       (1) by redesignating subsections (a), (b), (c), (d), and 
     (e) as subsections (b), (c), (d), (e), and (f);
       (2) by inserting after the section heading the following:
       ``(a) Voluntary Voting System Guidelines.--The Commission 
     shall adopt voluntary voting system guidelines that describe 
     functionality, accessibility, and security principles for the 
     design, development, and operation of voting systems, 
     electronic poll books, and remote ballot marking systems.''; 
     and
       (3) by adding at the end the following new subsections:
       ``(g) Initial Guidelines for Electronic Poll Books and 
     Remote Ballot Marking Systems.--
       ``(1) Adoption date.--The Commission shall adopt initial 
     voluntary voting system guidelines for electronic poll books 
     and remote ballot marking systems not later than 1 year after 
     the date of the enactment of the Freedom to Vote Act.
       ``(2) Special rule for initial guidelines.--The Commission 
     may adopt initial voluntary voting system guidelines for 
     electronic poll books and remote ballot marking systems 
     without modifying the most recently adopted voluntary voting 
     system guidelines for voting systems.
       ``(h) Definitions.--In this section:
       ``(1) Electronic poll book.--The term `electronic poll 
     book' means the total combination of mechanical, 
     electromechanical, or electronic equipment (including the 
     software, firmware, and documentation required to program, 
     control, and support the equipment) that is used--
       ``(A) to retain the list of registered voters at a polling 
     location, or vote center, or other location at which voters 
     cast votes in an election for Federal office; and
       ``(B) to identify registered voters who are eligible to 
     vote in an election.
       ``(2) Remote ballot marking system.--The term `remote 
     ballot marking system' means an election system that--
       ``(A) is used by a voter to mark their ballots outside of a 
     voting center or polling place; and
       ``(B) allows a voter to receive a blank ballot to mark 
     electronically, print, and then cast by returning the printed 
     ballot to the elections office or other designated 
     location.''.
       (b) Providing for Certification of Electronic Poll Books 
     and Remote Ballot Marking System.--Section 231(a) of the Help 
     America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended, in 
     each of paragraphs (1) and (2), by inserting ``, electronic 
     poll books, and remote ballot marking systems'' after 
     ``software''.

     SEC. 4004. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

       (a) Requiring States to Submit Reports.--Title III of the 
     Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is 
     amended by inserting after section 301 the following new 
     section:

     ``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

       ``(a) Requiring States to Submit Reports.--Not later than 
     120 days before the date of each regularly scheduled general 
     election for Federal office, the chief State election 
     official of a State shall submit a report to the Commission 
     containing a detailed voting system usage plan for each 
     jurisdiction in the State which will administer the election, 
     including a detailed plan for the usage of electronic poll 
     books and other equipment and components of such system. If a 
     jurisdiction acquires and implements a new voting system 
     within the 120 days before the date of the election, it shall 
     notify the chief State election official of the State, who 
     shall submit to the Commission in a timely manner an updated 
     report under the preceding sentence.

[[Page S4465]]

       ``(b) Effective Date.--Subsection (a) shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2026 and each succeeding 
     regularly scheduled general election for Federal office''.
       (b) Clerical Amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     301 the following new item:

``Sec. 301A. Pre-election reports on voting system usage.''.

     SEC. 4005. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED 
                   STATES.

       (a) Requirement.--Section 301(a) of the Help America Vote 
     Act of 2002 (52 U.S.C. 21081(a)), as amended by section 3904 
     and section 3906, is further amended by adding at the end the 
     following new paragraph:
       ``(10) Voting machine requirements.--
       ``(A) Manufacturing requirements.--By not later than the 
     date of the regularly scheduled general election for Federal 
     office occurring in November 2028, each State shall seek to 
     ensure to the extent practicable that any voting machine used 
     in such election and in any subsequent election for Federal 
     office is manufactured in the United States.
       ``(B) Assembly requirements.--By not later than the date of 
     the regularly scheduled general election for Federal office 
     occurring in November 2028, each State shall seek to ensure 
     that any voting machine purchased or acquired for such 
     election and in any subsequent election for Federal office is 
     assembled in the United States.
       ``(C) Software and code requirements.--By not later than 
     the date of the regularly scheduled general election for 
     Federal office occurring in November 2028, each State shall 
     seek to ensure that any software or code developed for any 
     voting system purchased or acquired for such election and in 
     any subsequent election for Federal office is developed and 
     stored in the United States.''.
       (b) Conforming Amendment Relating to Effective Date.--
     Section 301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as 
     amended by section 3907, is amended by striking ``paragraph 
     (2)'' and inserting ``subsection (a)(10) and paragraph (2)''.

     SEC. 4006. USE OF POLITICAL PARTY HEADQUARTERS BUILDING FUND 
                   FOR TECHNOLOGY OR CYBERSECURITY-RELATED 
                   PURPOSES.

       (a) Permitting Use of Fund.--Section 315(a)(9)(B) of the 
     Federal Election Campaign Act of 1971 (52 U.S.C. 
     30116(a)(9)(B)) is amended by striking the period at the end 
     and inserting the following: ``, and to defray technology or 
     cybersecurity-related expenses.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to calendar year 2026 and each 
     succeeding calendar year.

     SEC. 4007. SEVERABILITY.

       If any provision of this title or any amendment made by 
     this title, or the application of any such provision or 
     amendment to any person or circumstance, is held to be 
     unconstitutional, the remainder of this title, and the 
     application of such provision or amendment to any other 
     person or circumstance, shall not be affected by the holding.

           SUBDIVISION 3--CIVIC PARTICIPATION AND EMPOWERMENT

               TITLE V--NONPARTISAN REDISTRICTING REFORM

     SEC. 5001. FINDING OF CONSTITUTIONAL AUTHORITY.

       Congress finds that it has the authority to establish the 
     terms and conditions States must follow in carrying out 
     congressional redistricting after an apportionment of Members 
     of the House of Representatives because--
       (1) the authority granted to Congress under article I, 
     section 4 of the Constitution of the United States gives 
     Congress the power to enact laws governing the time, place, 
     and manner of elections for Members of the House of 
     Representatives;
       (2) the authority granted to Congress under section 5 of 
     the 14th amendment to the Constitution gives Congress the 
     power to enact laws to enforce section 2 of such amendment, 
     which requires Representatives to be apportioned among the 
     several States according to their number;
       (3) the authority granted to Congress under section 5 of 
     the 14th amendment to the Constitution gives Congress the 
     power to enact laws to enforce section 1 of such amendment, 
     including protections against excessive partisan 
     gerrymandering that Federal courts have not enforced because 
     they understand such enforcement to be committed to Congress 
     by the Constitution;
       (4) of the authority granted to Congress to enforce article 
     IV, section 4, of the Constitution, and the guarantee of a 
     Republican Form of Government to every State, which Federal 
     courts have not enforced because they understand such 
     enforcement to be committed to Congress by the Constitution;
       (5) requiring States to use uniform redistricting criteria 
     is an appropriate and important exercise of such authority; 
     and
       (6) partisan gerrymandering dilutes citizens' votes because 
     partisan gerrymandering injures voters and political parties 
     by infringing on their First Amendment right to associate 
     freely and their Fourteenth Amendment right to equal 
     protection of the laws.

     SEC. 5002. BAN ON MID-DECADE REDISTRICTING.

       A State that has been redistricted in accordance with this 
     title may not be redistricted again until after the next 
     apportionment of Representatives under section 22(a) of the 
     Act entitled ``An Act to provide for the fifteenth and 
     subsequent decennial censuses and to provide for an 
     apportionment of Representatives in Congress'', approved June 
     18, 1929 (2 U.S.C. 2a), unless a court requires the State to 
     conduct such subsequent redistricting to comply with the 
     Constitution of the United States, the Voting Rights Act of 
     1965 (52 U.S.C. 10301 et seq.), the terms or conditions of 
     this title, or applicable State law.

     SEC. 5003. CRITERIA FOR REDISTRICTING.

       (a) Requiring Plans to Meet Criteria.--A State may not use 
     a congressional redistricting plan enacted following the 
     notice of apportionment transmitted to the President on April 
     26, 2021, or any subsequent notice of apportionment, if such 
     plan is not in compliance with this section, without regard 
     to whether or not the plan was enacted by the State before, 
     on, or after the effective date of this title.
       (b) Ranked Criteria.--Under the redistricting plan of a 
     State, there shall be established single-member congressional 
     districts using the following criteria as set forth in the 
     following order of priority:
       (1) Districts shall comply with the United States 
     Constitution, including the requirement that they 
     substantially equalize total population, without regard to 
     age, citizenship status, or immigration status.
       (2) Districts shall comply with the Voting Rights Act of 
     1965 (52 U.S.C. 10301 et seq.), including by creating any 
     districts where, if based upon the totality of the 
     circumstances, 2 or more politically cohesive groups 
     protected by such Act are able to elect representatives of 
     choice in coalition with one another, and all applicable 
     Federal laws.
       (3)(A) Districts shall be drawn, to the extent that the 
     totality of the circumstances warrant, to ensure the 
     practical ability of a group protected under the Voting 
     Rights Act of 1965 (52 U.S.C. 10301 et seq.) to participate 
     in the political process and to nominate candidates and to 
     elect representatives of choice is not diluted or diminished, 
     regardless of whether or not such protected group constitutes 
     a majority of a district's population, voting age population, 
     or citizen voting age population.
       (B) For purposes of subparagraph (A), the assessment of 
     whether a protected group has the practical ability to 
     nominate candidates and to elect representatives of choice 
     shall require the consideration of the following factors:
       (i) Whether the group is politically cohesive.
       (ii) Whether there is racially polarized voting in the 
     relevant geographic region.
       (iii) If there is racially polarized voting in the relevant 
     geographic region, whether the preferred candidates of the 
     group nevertheless receive a sufficient amount of consistent 
     crossover support from other voters such that the group is a 
     functional majority with the ability to both nominate 
     candidates and elect representatives of choice.
       (4)(A) Districts shall be drawn to represent communities of 
     interest and neighborhoods to the extent practicable after 
     compliance with the requirements of paragraphs (1) through 
     (3). A community of interest is defined as an area for which 
     the record before the entity responsible for developing and 
     adopting the redistricting plan demonstrates the existence of 
     broadly shared interests and representational needs, 
     including shared interests and representational needs rooted 
     in common ethnic, racial, economic, Indian, social, cultural, 
     geographic, or historic identities, or arising from similar 
     socioeconomic conditions. The term communities of interest 
     may, if the record warrants, include political subdivisions 
     such as counties, municipalities, Indian lands, or school 
     districts, but shall not include common relationships with 
     political parties or political candidates.
       (B) For purposes of subparagraph (A), in considering the 
     needs of multiple, overlapping communities of interest, the 
     entity responsible for developing and adopting the 
     redistricting plan shall give greater weight to those 
     communities of interest whose representational needs would 
     most benefit from the community's inclusion in a single 
     congressional district.
       (c) No Favoring or Disfavoring of Political Parties.--
       (1) Prohibition.--A State may not use a redistricting plan 
     to conduct an election if the plan's congressional districts, 
     when considered cumulatively on a statewide basis, have been 
     drawn with the intent or have the effect of materially 
     favoring or disfavoring any political party.
       (2) Determination of effect.--The determination of whether 
     a redistricting plan has the effect of materially favoring or 
     disfavoring a political party shall be based on an evaluation 
     of the totality of circumstances which, at a minimum, shall 
     involve consideration of each of the following factors:
       (A) Computer modeling based on relevant statewide general 
     elections for Federal office held over the 8 years preceding 
     the adoption of the redistricting plan setting forth the 
     probable electoral outcomes for the plan under a range of 
     reasonably foreseeable conditions.
       (B) An analysis of whether the redistricting plan is 
     statistically likely to result in partisan advantage or 
     disadvantage on a statewide basis, the degree of any such 
     advantage or disadvantage, and whether such advantage or 
     disadvantage is likely to be

[[Page S4466]]

     present under a range of reasonably foreseeable electoral 
     conditions.
       (C) A comparison of the modeled electoral outcomes for the 
     redistricting plan to the modeled electoral outcomes for 
     alternative plans that demonstrably comply with the 
     requirements of paragraphs (1), (2), and (3) of subsection 
     (b) in order to determine whether reasonable alternatives 
     exist that would result in materially lower levels of 
     partisan advantage or disadvantage on a statewide basis. For 
     purposes of this subparagraph, alternative plans considered 
     may include both actual plans proposed during the 
     redistricting process and other plans prepared for purposes 
     of comparison.
       (D) Any other relevant information, including how broad 
     support for the redistricting plan was among members of the 
     entity responsible for developing and adopting the plan and 
     whether the processes leading to the development and adoption 
     of the plan were transparent and equally open to all members 
     of the entity and to the public.
       (3) Rebuttable presumption.--
       (A) Trigger.--In any civil action brought under section 
     5006 in which a party asserts a claim that a State has 
     enacted a redistricting plan which is in violation of this 
     subsection, a party may file a motion not later than 30 days 
     after the enactment of the plan (or, in the case of a plan 
     enacted before the effective date of this Act, not later than 
     30 days after the effective date of this Act) requesting that 
     the court determine whether a presumption of such a violation 
     exists. If such a motion is timely filed, the court shall 
     hold a hearing not later than 15 days after the date the 
     motion is filed to assess whether a presumption of such a 
     violation exists.
       (B) Assessment.--To conduct the assessment required under 
     subparagraph (A), the court shall do the following:
       (i) Determine the number of congressional districts under 
     the plan that would have been carried by each political 
     party's candidates for the office of President and the office 
     of Senator in the 2 most recent general elections for the 
     office of President and the 2 most recent general elections 
     for the office of Senator (other than special general 
     elections) immediately preceding the enactment of the plan, 
     except that if a State conducts a primary election for the 
     office of Senator which is open to candidates of all 
     political parties, the primary election shall be used instead 
     of the general election and the number of districts carried 
     by a party's candidates for the office of Senator shall be 
     determined on the basis of the combined vote share of all 
     candidates in the election who are affiliated with such 
     party.
       (ii) Determine, for each of the 4 elections assessed under 
     clause (i), whether the number of districts that would have 
     been carried by any party's candidate as determined under 
     clause (i) results in partisan advantage or disadvantage in 
     excess of the applicable threshold described in subparagraph 
     (C). The degree of partisan advantage or disadvantage shall 
     be determined by one or more standard quantitative measures 
     of partisan fairness that--

       (I) use a party's share of the statewide vote to calculate 
     a corresponding benchmark share of seats; and
       (II) measure the amount by which the share of seats the 
     party's candidate would have won in the election involved 
     exceeds the benchmark share of seats.

       (C) Applicable threshold described.--The applicable 
     threshold described in this subparagraph is, with respect to 
     a State and a number of seats, the greater of--
       (i) an amount equal to 7 percent of the number of 
     congressional districts in the State; or
       (ii) one congressional district.
       (D) Description of quantitative measures; prohibiting 
     rounding.--In carrying out this subsection--
       (i) the standard quantitative measures of partisan fairness 
     used by the court may include the simplified efficiency gap 
     but may not include strict proportionality; and
       (ii) the court may not round any number.
       (E) Presumption of violation.--A plan is presumed to 
     violate paragraph (1) if, on the basis of at least one 
     standard quantitative measure of partisan fairness, it 
     exceeds the applicable threshold described in subparagraph 
     (C) with respect to 2 or more of the 4 elections assessed 
     under subparagraph (B).
       (F) Stay of use of plan.--Notwithstanding any other 
     provision of this title, in any action under this paragraph, 
     the following rules shall apply:
       (i) Upon filing of a motion under subparagraph (A), a 
     State's use of the plan which is the subject of the motion 
     shall be automatically stayed pending resolution of such 
     motion.
       (ii) If after considering the motion, the court rules that 
     the plan is presumed under subparagraph (E) to violate 
     paragraph (1), a State may not use such plan until and unless 
     the court which is carrying out the determination of the 
     effect of the plan under paragraph (2) determines that, 
     notwithstanding the presumptive violation, the plan does not 
     violate paragraph (1).
       (G) No effect on other assessments.--The absence of a 
     presumption of a violation with respect to a redistricting 
     plan as determined under this paragraph shall not affect the 
     determination of the effect or intent of the plan under this 
     section.
       (4) Determination of intent.--A court may rely on all 
     available evidence when determining whether a redistricting 
     plan was drawn with the intent to materially favor or 
     disfavor a political party, including evidence of the 
     partisan effects of a plan, the degree of support the plan 
     received from members of the entity responsible for 
     developing and adopting the plan, and whether the processes 
     leading to development and adoption of the plan were 
     transparent and equally open to all members of the entity and 
     to the public.
       (5) No violation based on certain criteria.--No 
     redistricting plan shall be found to be in violation of 
     paragraph (1) because of the proper application of the 
     criteria set forth in paragraphs (1), (2), or (3) of 
     subsection (b), unless one or more alternative plans could 
     have complied with such paragraphs without having the effect 
     of materially favoring or disfavoring a political party.
       (d) Factors Prohibited From Consideration.--In developing 
     the redistricting plan for the State, the State may not take 
     into consideration any of the following factors, except as 
     necessary to comply with the criteria described in paragraphs 
     (1) through (3) of subsection (b), to achieve partisan 
     fairness and comply with subsection (b), and to enable the 
     redistricting plan to be measured against the external 
     metrics described in section 5004(c):
       (1) The residence of any Member of the House of 
     Representatives or candidate.
       (2) The political party affiliation or voting history of 
     the population of a district.
       (e) Additional Criteria.--A State may not rely upon 
     criteria, districting principles, or other policies of the 
     State which are not set forth in this section to justify non-
     compliance with the requirements of this section.
       (f) Applicability.--
       (1) In general.--This section applies to any authority, 
     whether appointed, elected, judicial, or otherwise, 
     responsible for enacting the congressional redistricting plan 
     of a State.
       (2) Date of enactment.--This section applies to any 
     congressional redistricting plan enacted following the notice 
     of apportionment transmitted to the President on April 26, 
     2021, regardless of the date of enactment by the State of the 
     congressional redistricting plan.
       (g) Severability of Criteria.--If any provision of this 
     section, or the application of any such provision to any 
     person or circumstance, is held to be unconstitutional, the 
     remainder of this section, and the application of such 
     provision to any other person or circumstance, shall not be 
     affected by the holding.

     SEC. 5004. DEVELOPMENT OF PLAN.

       (a) Public Notice and Input.--
       (1) Use of open and transparent process.--The entity 
     responsible for developing and adopting the congressional 
     redistricting plan of a State shall solicit and take into 
     consideration comments from the public throughout the process 
     of developing the plan, and shall carry out its duties in an 
     open and transparent manner which provides for the widest 
     public dissemination reasonably possible of its proposed and 
     final redistricting plans.
       (2) Website.--
       (A) Features.--The entity shall maintain a public Internet 
     site which is not affiliated with or maintained by the office 
     of any elected official and which includes the following 
     features:
       (i) All proposed redistricting plans and the final 
     redistricting plan, including the accompanying written 
     evaluation under subsection (c).
       (ii) All comments received from the public submitted under 
     paragraph (1).
       (iii) Access in an easily usable format to the demographic 
     and other data used by the entity to develop and analyze the 
     proposed redistricting plans, together with any reports 
     analyzing and evaluating such plans and access to software 
     that members of the public may use to draw maps of proposed 
     districts.
       (iv) A method by which members of the public may submit 
     comments directly to the entity.
       (B) Searchable format.--The entity shall ensure that all 
     information posted and maintained on the site under this 
     paragraph, including information and proposed maps submitted 
     by the public, shall be maintained in an easily searchable 
     format.
       (3) Multiple language requirements for all notices.--The 
     entity responsible for developing and adopting the plan shall 
     make each notice which is required to be posted and published 
     under this section available in any language in which the 
     State (or any jurisdiction in the State) is required to 
     provide election materials under section 203 of the Voting 
     Rights Act of 1965 (52 U.S.C. 10503).
       (b) Development of Plan.--
       (1) Hearings.--The entity responsible for developing and 
     adopting the congressional redistricting plan shall hold 
     hearings both before and after releasing proposed plans in 
     order to solicit public input on the content of such plans. 
     These hearings shall--
       (A) be held in different regions of the State and streamed 
     live on the public Internet site maintained under subsection 
     (a)(2);
       (B) be sufficient in number, scheduled at times and places, 
     and noticed and conducted in a manner to ensure that all 
     members of the public, including members of racial, ethnic, 
     and language minorities protected under the Voting Rights Act 
     of 1965, have a meaningful opportunity to attend and provide 
     input both before and after the entity releases proposed 
     plans.
       (2) Posting of maps.--The entity responsible for developing 
     and adopting the congressional redistricting plan shall make 
     proposed plans, amendments to proposed plans,

[[Page S4467]]

     and the data needed to analyze such plans for compliance with 
     the criteria of this title available for public review, 
     including on the public Internet site required under 
     subsection (a)(2), for a period of not less than 5 days 
     before any vote or hearing is held on any such plan or any 
     amendment to such a plan.
       (c) Release of Written Evaluation of Plan Against External 
     Metrics Required Prior to Vote.--The entity responsible for 
     developing and adopting the congressional redistricting plan 
     for a State may not hold a vote on a proposed redistricting 
     plan, including a vote in a committee, unless at least 48 
     hours prior to holding the vote the State has released a 
     written evaluation that measures each such plan against 
     external metrics which cover the criteria set forth in 
     section 5003(b), including the impact of the plan on the 
     ability of members of a class of citizens protected by the 
     Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) to elect 
     candidates of choice, the degree to which the plan preserves 
     or divides communities of interest, and any analysis used by 
     the State to assess compliance with the requirements of 
     section 5003(b) and (c).
       (d) Public Input and Comments.--The entity responsible for 
     developing and adopting the congressional redistricting plan 
     for a State shall make all public comments received about 
     potential plans, including alternative plans, available to 
     the public on the Internet site required under subsection 
     (a)(2), at no cost, not later than 24 hours prior to holding 
     a vote on final adoption of a plan.

     SEC. 5005. FAILURE BY STATE TO ENACT PLAN.

       (a) Deadline for Enactment of Plan.--
       (1) In general.--Except as provided in paragraph (2), each 
     State shall enact a final congressional redistricting plan 
     following transmission of a notice of apportionment to the 
     President by the earliest of--
       (A) the deadline set forth in State law, including any 
     extension to the deadline provided in accordance with State 
     law;
       (B) February 15 of the year in which regularly scheduled 
     general elections for Federal office are held in the State; 
     or
       (C) 90 days before the date of the next regularly scheduled 
     primary election for Federal office held in the State.
       (2) Special rule for plans enacted prior to effective date 
     of title.--If a State enacted a final congressional 
     redistricting plan prior to the effective date of this title 
     and the plan is not in compliance with the requirements of 
     this title, the State shall enact a final redistricting plan 
     which is in compliance with the requirements of this title 
     not later than 45 days after the effective date of this 
     title.
       (b) Development of Plan by Court in Case of Missed 
     Deadline.--If a State has not enacted a final congressional 
     redistricting plan by the applicable deadline under 
     subsection (a), or it appears reasonably likely that a State 
     will fail to enact a final congressional redistricting plan 
     by such deadline--
       (1) any citizen of the State may file an action in the 
     United States district court for the applicable venue asking 
     the district court to assume jurisdiction;
       (2) the United States district court for the applicable 
     venue, acting through a 3-judge court convened pursuant to 
     section 2284 of title 28, United States Code, shall have the 
     exclusive authority to develop and publish the congressional 
     redistricting plan for the State; and
       (3) the final congressional redistricting plan developed 
     and published by the court under this section shall be deemed 
     to be enacted on the date on which the court publishes the 
     final congressional redistricting plan, as described in 
     subsection (e).
       (c) Applicable Venue.--For purposes of this section, the 
     ``applicable venue'' with respect to a State is the District 
     of Columbia or the judicial district in which the capital of 
     the State is located, as selected by the first party to file 
     with the court sufficient evidence that a State has failed 
     to, or is reasonably likely to fail to, enact a final 
     redistricting plan for the State prior to the expiration of 
     the applicable deadline set forth in subsection (a).
       (d) Procedures for Development of Plan.--
       (1) Criteria.--In developing a redistricting plan for a 
     State under this section, the court shall adhere to the same 
     terms and conditions that applied (or that would have 
     applied, as the case may be) to the development of a plan by 
     the State under section 5003.
       (2) Access to information and records.--The court shall 
     have access to any information, data, software, or other 
     records and material that was used (or that would have been 
     used, as the case may be) by the State in carrying out its 
     duties under this title.
       (3) Hearing; public participation.--In developing a 
     redistricting plan for a State, the court shall--
       (A) hold one or more evidentiary hearings at which 
     interested members of the public may appear and be heard and 
     present testimony, including expert testimony, in accordance 
     with the rules of the court; and
       (B) consider other submissions and comments by the public, 
     including proposals for redistricting plans to cover the 
     entire State or any portion of the State.
       (4) Use of special master.--To assist in the development 
     and publication of a redistricting plan for a State under 
     this section, the court may appoint a special master to make 
     recommendations to the court on possible plans for the State.
       (e) Publication of Plan.--
       (1) Public availability of initial plan.--Upon completing 
     the development of one or more initial redistricting plans, 
     the court shall make the plans available to the public at no 
     cost, and shall also make available the underlying data used 
     to develop the plans and a written evaluation of the plans 
     against external metrics (as described in section 5004(c)).
       (2) Publication of final plan.--At any time after the 
     expiration of the 14-day period which begins on the date the 
     court makes the plans available to the public under paragraph 
     (1), and taking into consideration any submissions and 
     comments by the public which are received during such period, 
     the court shall develop and publish the final redistricting 
     plan for the State.
       (f) Use of Interim Plan.--In the event that the court is 
     not able to develop and publish a final redistricting plan 
     for the State with sufficient time for an upcoming election 
     to proceed, the court may develop and publish an interim 
     redistricting plan which shall serve as the redistricting 
     plan for the State until the court develops and publishes a 
     final plan in accordance with this section. Nothing in this 
     subsection may be construed to limit or otherwise affect the 
     authority or discretion of the court to develop and publish 
     the final redistricting plan, including the discretion to 
     make any changes the court deems necessary to an interim 
     redistricting plan.
       (g) Appeals.--Review on appeal of any final or interim plan 
     adopted by the court in accordance with this section shall be 
     governed by the appellate process in section 5006.
       (h) Stay of State Proceedings.--The filing of an action 
     under this section shall act as a stay of any proceedings in 
     State court with respect to the State's congressional 
     redistricting plan unless otherwise ordered by the court.

     SEC. 5006. CIVIL ENFORCEMENT.

       (a) Civil Enforcement.--
       (1) Actions by attorney general.--The Attorney General may 
     bring a civil action for such relief as may be appropriate to 
     carry out this title.
       (2) Availability of private right of action.--
       (A) In general.--Any person residing or domiciled in a 
     State who is aggrieved by the failure of the State to meet 
     the requirements of the Constitution or Federal law, 
     including this title, with respect to the State's 
     congressional redistricting, may bring a civil action in the 
     United States district court for the applicable venue for 
     such relief as may be appropriate to remedy the failure.
       (B) Special rule for claims relating to partisan 
     advantage.--For purposes of subparagraph (A), a person who is 
     aggrieved by the failure of a State to meet the requirements 
     of section 5003(c) may include--
       (i) any political party or committee in the State; and
       (ii) any registered voter in the State who resides in a 
     congressional district that the voter alleges was drawn in a 
     manner that contributes to a violation of such section.
       (C) No awarding of damages to prevailing party.--Except for 
     an award of attorney's fees under subsection (d), a court in 
     a civil action under this section shall not award the 
     prevailing party any monetary damages, compensatory, 
     punitive, or otherwise.
       (3) Delivery of complaint to house and senate.--In any 
     action brought under this section, a copy of the complaint 
     shall be delivered promptly to the Clerk of the House of 
     Representatives and the Secretary of the Senate.
       (4) Exclusive jurisdiction and applicable venue.--The 
     district courts of the United States shall have exclusive 
     jurisdiction to hear and determine claims asserting that a 
     congressional redistricting plan violates the requirements of 
     the Constitution or Federal law, including this title. The 
     applicable venue for such an action shall be the United 
     States District Court for the District of Columbia or for the 
     judicial district in which the capital of the State is 
     located, as selected by the person bringing the action. In a 
     civil action that includes a claim that a redistricting plan 
     is in violation of subsection (b) or (c) of section 5003, the 
     United States District Court for the District of Columbia 
     shall have jurisdiction over any defendant who has been 
     served in any United States judicial district in which the 
     defendant resides, is found, or has an agent, or in the 
     United States judicial district in which the capital of the 
     State is located. Process may be served in any United States 
     judicial district where a defendant resides, is found, or has 
     an agent, or in the United States judicial district in which 
     the capital of the State is located.
       (5) Use of 3-judge court.--If an action under this section 
     raises statewide claims under the Constitution or this title, 
     the action shall be heard by a 3-judge court convened 
     pursuant to section 2284 of title 28, United States Code.
       (6) Review of final decision.--A final decision in an 
     action brought under this section shall be reviewable on 
     appeal by the United States Court of Appeals for the District 
     of Columbia Circuit, which shall hear the matter sitting en 
     banc. There shall be no right of appeal in such proceedings 
     to any other court of appeals. Such appeal shall be taken by 
     the filing of a notice of appeal within 10

[[Page S4468]]

     days of the entry of the final decision. A final decision by 
     the Court of Appeals may be reviewed by the Supreme Court of 
     the United States by writ of certiorari.
       (b) Expedited Consideration.--In any action brought under 
     this section, it shall be the duty of the district court, the 
     United States Court of Appeals for the District of Columbia 
     Circuit, and the Supreme Court of the United States (if it 
     chooses to hear the action) to advance on the docket and to 
     expedite to the greatest possible extent the disposition of 
     the action and appeal.
       (c) Remedies.--
       (1) Adoption of replacement plan.--
       (A) In general.--If the district court in an action under 
     this section finds that the congressional redistricting plan 
     of a State violates, in whole or in part, the requirements of 
     this title--
       (i) the court shall adopt a replacement congressional 
     redistricting plan for the State in accordance with the 
     process set forth in section 5005; or
       (ii) if circumstances warrant and no delay to an upcoming 
     regularly scheduled election for the House of Representatives 
     in the State would result, the district court, in its 
     discretion, may allow a State to develop and propose a 
     remedial congressional redistricting plan for review by the 
     court to determine whether the plan is in compliance with 
     this title, except that--

       (I) the State may not develop and propose a remedial plan 
     under this clause if the court determines that the 
     congressional redistricting plan of the State was enacted 
     with discriminatory intent in violation of the Constitution 
     or section 5003(b); and
       (II) nothing in this clause may be construed to permit a 
     State to use such a remedial plan which has not been approved 
     by the court.

       (B) Prohibiting use of plans in violation of 
     requirements.--No court shall order a State to use a 
     congressional redistricting plan which violates, in whole or 
     in part, the requirements of this title, or to conduct an 
     election under terms and conditions which violate, in whole 
     or in part, the requirements of this title.
       (C) Special rule in case final adjudication not expected 
     within 3 months of election.--
       (i) Duty of court.--If final adjudication of an action 
     under this section is not reasonably expected to be completed 
     at least 3 months prior to the next regularly scheduled 
     primary election for the House of Representatives in the 
     State, the district court shall--

       (I) develop, adopt, and order the use of an interim 
     congressional redistricting plan in accordance with section 
     5005(f) to address any claims under this title for which a 
     party seeking relief has demonstrated a substantial 
     likelihood of success; or
       (II) order adjustments to the timing of primary elections 
     for the House of Representatives and other related deadlines, 
     as needed, to allow sufficient opportunity for adjudication 
     of the matter and adoption of a remedial or replacement plan 
     for use in the next regularly scheduled general elections for 
     the House of Representatives.

       (ii) Prohibiting failure to act on grounds of pendency of 
     election.--The court may not refuse to take any action 
     described in clause (i) on the grounds of the pendency of the 
     next election held in the State or the potential for 
     disruption, confusion, or additional burdens with respect to 
     the administration of the election in the State.
       (2) No stay pending appeal.--Notwithstanding the appeal of 
     an order finding that a congressional redistricting plan of a 
     State violates, in whole or in part, the requirements of this 
     title, no stay shall issue which shall bar the development or 
     adoption of a replacement or remedial plan under this 
     subsection, as may be directed by the district court, pending 
     such appeal. If such a replacement or remedial plan has been 
     adopted, no appellate court may stay or otherwise enjoin the 
     use of such plan during the pendency of an appeal, except 
     upon an order holding, based on the record, that adoption of 
     such plan was an abuse of discretion.
       (3) Special authority of court of appeals.--
       (A) Ordering of new remedial plan.--If, upon consideration 
     of an appeal under this title, the Court of Appeals 
     determines that a plan does not comply with the requirements 
     of this title, it shall direct that the District Court 
     promptly develop a new remedial plan with assistance of a 
     special master for consideration by the Court of Appeals.
       (B) Failure of district court to take timely action.--If, 
     at any point during the pendency of an action under this 
     section, the District Court fails to take action necessary to 
     permit resolution of the case prior to the next regularly 
     scheduled election for the House of Representatives in the 
     State or fails to grant the relief described in paragraph 
     (1)(C), any party may seek a writ of mandamus from the Court 
     of Appeals for the District of Columbia Circuit. The Court of 
     Appeals shall have jurisdiction over the motion for a writ of 
     mandamus and shall establish an expedited briefing and 
     hearing schedule for resolution of the motion. If the Court 
     of Appeals determines that a writ should be granted, the 
     Court of Appeals shall take any action necessary, including 
     developing a congressional redistricting plan with assistance 
     of a special master to ensure that a remedial plan is adopted 
     in time for use in the next regularly scheduled election for 
     the House of Representatives in the State.
       (4) Effect of enactment of replacement plan.--A State's 
     enactment of a redistricting plan which replaces a plan which 
     is the subject of an action under this section shall not be 
     construed to limit or otherwise affect the authority of the 
     court to adjudicate or grant relief with respect to any 
     claims or issues not addressed by the replacement plan, 
     including claims that the plan which is the subject of the 
     action was enacted, in whole or in part, with discriminatory 
     intent, or claims to consider whether relief should be 
     granted under section 3(c) of the Voting Rights Act of 1965 
     (52 U.S.C. 10302(c)) based on the plan which is the subject 
     of the action.
       (d) Attorney's Fees.--In a civil action under this section, 
     the court may allow the prevailing party (other than the 
     United States) reasonable attorney fees, including litigation 
     expenses, and costs.
       (e) Relation to Other Laws.--
       (1) Rights and remedies additional to other rights and 
     remedies.--The rights and remedies established by this 
     section are in addition to all other rights and remedies 
     provided by law, and neither the rights and remedies 
     established by this section nor any other provision of this 
     title shall supersede, restrict, or limit the application of 
     the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
       (2) Voting rights act of 1965.--Nothing in this title 
     authorizes or requires conduct that is prohibited by the 
     Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
       (f) Legislative Privilege.--No person, legislature, or 
     State may claim legislative privilege under either State or 
     Federal law in a civil action brought under this section or 
     in any other legal challenge, under either State or Federal 
     law, to a redistricting plan enacted under this title.
       (g) Removal.--
       (1) In general.--At any time, a civil action brought in a 
     State court which asserts a claim for which the district 
     courts of the United States have exclusive jurisdiction under 
     this title may be removed by any party in the case, including 
     an intervenor, by filing, in the district court for an 
     applicable venue under this section, a notice of removal 
     signed pursuant to Rule 11 of the Federal Rules of Civil 
     Procedure containing a short and plain statement of the 
     grounds for removal. Consent of parties shall not be required 
     for removal.
       (2) Claims not within the original or supplemental 
     jurisdiction.--If a civil action removed in accordance with 
     paragraph (1) contains claims not within the original or 
     supplemental jurisdiction of the district court, the district 
     court shall sever all such claims and remand them to the 
     State court from which the action was removed.

     SEC. 5007. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.

       Nothing in this title or in any amendment made by this 
     title may be construed to affect the manner in which a State 
     carries out elections for State or local office, including 
     the process by which a State establishes the districts used 
     in such elections.

     SEC. 5008. EFFECTIVE DATE.

       (a) In General.--This title and the amendments made by this 
     title shall apply on the date of enactment of this title.
       (b) Application to Congressional Redistricting Plans 
     Resulting From 2020 Decennial Census.--Notwithstanding 
     subsection (a), this title and the amendments made by this 
     title, other than section 5004, shall apply with respect to 
     each congressional redistricting plan enacted pursuant to the 
     notice of apportionment transmitted to the President on April 
     26, 2021, without regard to whether or not a State enacted 
     such a plan prior to the date of the enactment of this Act.

                TITLE VI--CAMPAIGN FINANCE TRANSPARENCY

                        Subtitle A--DISCLOSE Act

     SEC. 6001. SHORT TITLE.

       This subtitle may be cited as the ``Democracy Is 
     Strengthened by Casting Light On Spending in Elections Act of 
     2024'' or the ``DISCLOSE Act of 2024''.

     SEC. 6002. FINDINGS.

       Congress finds the following:
       (1) Campaign finance disclosure is a narrowly tailored and 
     minimally restrictive means to advance substantial government 
     interests, including fostering an informed electorate capable 
     of engaging in self-government and holding their elected 
     officials accountable, detecting and deterring quid pro quo 
     corruption, and identifying information necessary to enforce 
     other campaign finance laws, including campaign contribution 
     limits and the prohibition on foreign money in U.S. 
     campaigns. To further these substantial interests, campaign 
     finance disclosure must be timely and complete, and must 
     disclose the true and original source of money given, 
     transferred, and spent to influence Federal elections. 
     Current law does not meet this objective because corporations 
     and other entities that the Supreme Court has permitted to 
     spend money to influence Federal elections are subject to few 
     if any transparency requirements.
       (2) As the Supreme Court recognized in its per curiam 
     opinion in Buckley v.  Valeo, 424 U.S. 1, (1976), 
     ``disclosure requirements certainly in most applications 
     appear to be the least restrictive means of curbing the evils 
     of campaign ignorance and corruption that Congress found to 
     exist.'' Buckley, 424 U.S. at 68. In Citizens United v. FEC, 
     the Court reiterated that ``disclosure is a less restrictive

[[Page S4469]]

     alternative to more comprehensive regulations of speech.'' 
     558 U.S. 310, 369 (2010).
       (3) No subsequent decision has called these holdings into 
     question, including the Court's decision in Americans for 
     Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That 
     case did not involve campaign finance disclosure, and the 
     Court did not overturn its longstanding recognition of the 
     substantial interests furthered by such disclosure.
       (4) Campaign finance disclosure is also essential to 
     enforce the Federal Election Campaign Act's prohibition on 
     contributions by and solicitations of foreign nationals. See 
     section 319 of the Federal Election Campaign Act of 1971 (52 
     U.S.C. 30121).
       (5) Congress should close loopholes allowing spending by 
     foreign nationals in domestic elections. For example, in 
     2021, the Federal Election Commission, the independent 
     Federal agency charged with protecting the integrity of the 
     Federal campaign finance process, found reason to believe and 
     conciliated a matter where an experienced political 
     consultant knowingly and willfully violated Federal law by 
     soliciting a contribution from a foreign national by offering 
     to transmit a $2,000,000 contribution to a super PAC through 
     his company and two 501(c)(4) organizations, to conceal the 
     origin of the funds. This scheme was only unveiled after 
     appearing in a The Telegraph UK article and video capturing 
     the solicitation. See Conciliation Agreement, MURs 7165 & 
     7196 (Great America PAC, et al.), date June 28, 2021; Factual 
     and Legal Analysis, MURs 7165 & 7196 (Jesse Benton), dated 
     Mar. 2, 2021.

  PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN 
                               ELECTIONS

     SEC. 6003. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN 
                   TO CERTAIN DISBURSEMENTS AND ACTIVITIES.

       Section 319(b) of the Federal Election Campaign Act of 1971 
     (52 U.S.C. 30121(b)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and by moving such 
     subparagraphs 2 ems to the right;
       (2) by striking ``As used in this section, the term'' and 
     inserting the following: ``Definitions.--For purposes of this 
     section--
       ``(1) Foreign national.--The term'';
       (3) by moving paragraphs (1) and (2) two ems to the right 
     and redesignating them as subparagraphs (A) and (B), 
     respectively; and
       (4) by adding at the end the following new paragraph:
       ``(2) Contribution and donation.--For purposes of 
     paragraphs (1) and (2) of subsection (a), the term 
     `contribution or donation' includes any disbursement to a 
     political committee which accepts donations or contributions 
     that do not comply with any of the limitations, prohibitions, 
     and reporting requirements of this Act (or any disbursement 
     to or on behalf of any account of a political committee which 
     is established for the purpose of accepting such donations or 
     contributions), or to any other person for the purpose of 
     funding an expenditure, independent expenditure, or 
     electioneering communication (as defined in section 
     304(f)(3)).''.

     SEC. 6004. STUDY AND REPORT ON ILLICIT FOREIGN MONEY IN 
                   FEDERAL ELECTIONS.

       (a) Study.--For each 4-year election cycle (beginning with 
     the 4-year election cycle ending in 2024), the Comptroller 
     General shall conduct a study on the incidence of illicit 
     foreign money in all elections for Federal office held during 
     the preceding 4-year election cycle, including what 
     information is known about the presence of such money in 
     elections for Federal office.
       (b) Report.--
       (1) In general.--Not later than the applicable date with 
     respect to any 4-year election cycle, the Comptroller General 
     shall submit to the appropriate congressional committees a 
     report on the study conducted under subsection (a).
       (2) Matters included.--The report submitted under paragraph 
     (1) shall include a description of the extent to which 
     illicit foreign money was used to target particular groups, 
     including rural communities, African-American and other 
     minority communities, and military and veteran communities, 
     based on such targeting information as is available and 
     accessible to the Comptroller General.
       (3) Applicable date.--For purposes of paragraph (1), the 
     term ``applicable date'' means--
       (A) in the case of the 4-year election cycle ending in 
     2024, the date that is 1 year after the date of the enactment 
     of this Act; and
       (B) in the case of any other 4-year election cycle, the 
     date that is 1 year after the date on which such 4-year 
     election cycle ends.
       (c) Definitions.--As used in this section:
       (1) 4-year election cycle.--The term ``4-year election 
     cycle'' means the 4-year period ending on the date of the 
     general election for the offices of President and Vice 
     President.
       (2) Illicit foreign money.--The term ``illicit foreign 
     money'' means any contribution, donation, expenditure, or 
     disbursement by a foreign national (as defined in section 
     319(b) of the Federal Election Campaign Act of 1971 (52 
     U.S.C.30121(b))) prohibited under such section.
       (3) Election; federal office.--The terms ``election'' and 
     ``Federal office'' have the meanings given such terms under 
     section 301 of the Federal Election Campaign Act of 1971 (52 
     U.S.C. 30101).
       (4) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on House Administration of the House of 
     Representatives;
       (B) the Committee on Rules and Administration of the 
     Senate;
       (C) the Committee on the Judiciary of the House of 
     Representatives; and
       (D) the Committee on the Judiciary of the Senate.
       (d) Sunset.--This section shall not apply to any 4-year 
     election cycle beginning after the election for the offices 
     of President and Vice President in 2032.

     SEC. 6005. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY 
                   FOREIGN NATIONALS IN CONNECTION WITH BALLOT 
                   INITIATIVES AND REFERENDA.

       (a) In General.--Section 319(b) of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30121(b)), as amended by 
     section 6003, is amended by adding at the end the following 
     new paragraph:
       ``(3) Federal, state, or local election.--The term 
     `Federal, State, or local election' includes a State or local 
     ballot initiative or referendum, but only in the case of--
       ``(A) a covered foreign national described in section 
     304(j)(3)(C); or
       ``(B) a foreign principal described in section 1(b)(2) or 
     1(b)(3) of the Foreign Agent Registration Act of 1938, as 
     amended (22 U.S.C. 611(b)(2) or (b)(3)) or an agent of such a 
     foreign principal under such Act.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to elections held in 2026 or any 
     succeeding year.

     SEC. 6006. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN 
                   MONEY BAN.

       (a) Disbursements Described.--Section 319(a)(1) of the 
     Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) 
     is amended--
       (1) by striking ``or'' at the end of subparagraph (B); and
       (2) by striking subparagraph (C) and inserting the 
     following:
       ``(C) an expenditure;
       ``(D) an independent expenditure;
       ``(E) a disbursement for an electioneering communication 
     (within the meaning of section 304(f)(3));
       ``(F) a disbursement for a communication which is placed or 
     promoted for a fee on a website, web application, or digital 
     application that refers to a clearly identified candidate for 
     election for Federal office and is disseminated within 60 
     days before a general, special or runoff election for the 
     office sought by the candidate or 30 days before a primary or 
     preference election, or a convention or caucus of a political 
     party that has authority to nominate a candidate for the 
     office sought by the candidate;
       ``(G) a disbursement by a covered foreign national 
     described in section 304(j)(3)(C) for a broadcast, cable or 
     satellite communication, or for a communication which is 
     placed or promoted for a fee on a website, web application, 
     or digital application, that promotes, supports, attacks or 
     opposes the election of a clearly identified candidate for 
     Federal, State, or local office (regardless of whether the 
     communication contains express advocacy or the functional 
     equivalent of express advocacy);
       ``(H) a disbursement for a broadcast, cable, or satellite 
     communication, or for any communication which is placed or 
     promoted for a fee on an online platform (as defined in 
     section 304(k)(3)), that discusses a national legislative 
     issue of public importance in a year in which a regularly 
     scheduled general election for Federal office is held, but 
     only if the disbursement is made by a covered foreign 
     national described in section 304(j)(3)(C);
       ``(I) a disbursement by a covered foreign national 
     described in section 304(j)(3)(C) to compensate any person 
     for internet activity that promotes, supports, attacks or 
     opposes the election of a clearly identified candidate for 
     Federal, State, or local office (regardless of whether the 
     activity contains express advocacy or the functional 
     equivalent of express advocacy); or
       ``(J) a disbursement by a covered foreign national 
     described in section 304(j)(3)(C) for a Federal judicial 
     nomination communication (as defined in section 
     324(g)(2));''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to disbursements made on or after 
     the date of the enactment of this Act.

     SEC. 6007. PROHIBITING ESTABLISHMENT OF CORPORATION TO 
                   CONCEAL ELECTION CONTRIBUTIONS AND DONATIONS BY 
                   FOREIGN NATIONALS.

       (a) Prohibition.--Chapter 29 of title 18, United States 
     Code, as amended by section 2001(a), is amended by adding at 
     the end the following:

     ``Sec. 613. Establishment of corporation to conceal election 
       contributions and donations by foreign nationals

       ``(a) Offense.--It shall be unlawful for an owner, officer, 
     attorney, or incorporation agent of a corporation, company, 
     or other entity to establish or use the corporation, company, 
     or other entity with the intent to conceal an activity of a 
     foreign national (as defined in section 319 of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited 
     under such section 319.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be imprisoned for not more than 5 years, fined under 
     this title, or both.''.
       (b) Table of Sections.--The table of sections for chapter 
     29 of title 18, United States Code, as amended by section 
     2001(b), is amended by inserting after the item relating to 
     section 612 the following:


[[Page S4470]]


``613. Establishment of corporation to conceal election contributions 
              and donations by foreign nationals.''.

          PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

     SEC. 6011. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.

       (a) In General.--Section 324 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as 
     follows:

     ``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY 
                   COVERED ORGANIZATIONS.

       ``(a) Disclosure Statement.--
       ``(1) In general.--Any covered organization that makes 
     campaign-related disbursements aggregating more than $10,000 
     in an election reporting cycle shall, not later than 24 hours 
     after each disclosure date, file a statement with the 
     Commission made under penalty of perjury that contains the 
     information described in paragraph (2)--
       ``(A) in the case of the first statement filed under this 
     subsection, for the period beginning on the first day of the 
     election reporting cycle (or, if earlier, the period 
     beginning one year before the first such disclosure date) and 
     ending on the first such disclosure date; and
       ``(B) in the case of any subsequent statement filed under 
     this subsection, for the period beginning on the previous 
     disclosure date and ending on such disclosure date.
       ``(2) Information described.--The information described in 
     this paragraph is as follows:
       ``(A) The name of the covered organization and the 
     principal place of business of such organization and, in the 
     case of a covered organization that is a corporation (other 
     than a business concern that is an issuer of a class of 
     securities registered under section 12 of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78l) or that is required to 
     file reports under section 15(d) of that Act (15 U.S.C. 
     78o(d))) or an entity described in subsection (e)(2), a list 
     of the beneficial owners (as defined in paragraph (4)(A)) of 
     the entity that--
       ``(i) identifies each beneficial owner by name and current 
     residential or business street address; and
       ``(ii) if any beneficial owner exercises control over the 
     entity through another legal entity, such as a corporation, 
     partnership, limited liability company, or trust, identifies 
     each such other legal entity and each such beneficial owner 
     who will use that other entity to exercise control over the 
     entity.
       ``(B) The amount of each campaign-related disbursement made 
     by such organization during the period covered by the 
     statement of more than $1,000, and the name and address of 
     the person to whom the disbursement was made.
       ``(C) In the case of a campaign-related disbursement that 
     is not a covered transfer, the election to which the 
     campaign-related disbursement pertains and if the 
     disbursement is made for a public communication, the name of 
     any candidate identified in such communication and if such 
     communication is in support of or in opposition to the 
     identified candidate.
       ``(D) A certification by the chief executive officer or 
     person who is the head of the covered organization that the 
     campaign-related disbursement is not made in cooperation, 
     consultation, or concert with or at the request or suggestion 
     of a candidate, authorized committee, or agent of a 
     candidate, political party, or agent of a political party.
       ``(E)(i) If the covered organization makes campaign-related 
     disbursements using exclusively funds in a campaign-related 
     disbursement segregated fund, for each payment made to the 
     account by a person other than the covered organization--

       ``(I) the name and address of each person who made such 
     payment to the account during the period covered by the 
     statement;
       ``(II) the date and amount of such payment; and
       ``(III) the aggregate amount of all such payments made by 
     the person during the period beginning on the first day of 
     the election reporting cycle (or, if earlier, the period 
     beginning one year before the disclosure date) and ending on 
     the disclosure date,

     but only if such payment was made by a person who made 
     payments to the account in an aggregate amount of $10,000 or 
     more during the period beginning on the first day of the 
     election reporting cycle (or, if earlier, the period 
     beginning one year before the disclosure date) and ending on 
     the disclosure date.
       ``(ii) In any calendar year after 2026, section 
     315(c)(1)(B) shall apply to the amount described in clause 
     (i) in the same manner as such section applies to the 
     limitations established under subsections (a)(1)(A), 
     (a)(1)(B), (a)(3), and (h) of such section, except that for 
     purposes of applying such section to the amounts described in 
     subsection (b), the `base period' shall be calendar year 
     2026.
       ``(F)(i) If the covered organization makes campaign-related 
     disbursements using funds other than funds in a campaign-
     related disbursement segregated fund, for each payment to the 
     covered organization--

       ``(I) the name and address of each person who made such 
     payment during the period covered by the statement;
       ``(II) the date and amount of such payment; and
       ``(III) the aggregate amount of all such payments made by 
     the person during the period beginning on the first day of 
     the election reporting cycle (or, if earlier, the period 
     beginning one year before the disclosure date) and ending on 
     the disclosure date,

     but only if such payment was made by a person who made 
     payments to the covered organization in an aggregate amount 
     of $10,000 or more during the period beginning on the first 
     day of the election reporting cycle (or, if earlier, the 
     period beginning one year before the disclosure date) and 
     ending on the disclosure date.
       ``(ii) In any calendar year after 2026, section 
     315(c)(1)(B) shall apply to the amount described in clause 
     (i) in the same manner as such section applies to the 
     limitations established under subsections (a)(1)(A), 
     (a)(1)(B), (a)(3), and (h) of such section, except that for 
     purposes of applying such section to the amounts described in 
     subsection (b), the `base period' shall be calendar year 
     2026.
       ``(G) Such other information as required in rules 
     established by the Commission to promote the purposes of this 
     section.
       ``(3) Exceptions.--
       ``(A) Amounts received in ordinary course of business.--The 
     requirement to include in a statement filed under paragraph 
     (1) the information described in paragraph (2) shall not 
     apply to amounts received by the covered organization in 
     commercial transactions in the ordinary course of any trade 
     or business conducted by the covered organization or in the 
     form of investments (other than investments by the principal 
     shareholder in a limited liability corporation) in the 
     covered organization. For purposes of this subparagraph, 
     amounts received by a covered organization as remittances 
     from an employee to the employee's collective bargaining 
     representative shall be treated as amounts received in 
     commercial transactions in the ordinary course of the 
     business conducted by the covered organization.
       ``(B) Donor restriction on use of funds.--The requirement 
     to include in a statement submitted under paragraph (1) the 
     information described in subparagraph (F) of paragraph (2) 
     shall not apply if--
       ``(i) the person described in such subparagraph prohibited, 
     in writing, the use of the payment made by such person for 
     campaign-related disbursements; and
       ``(ii) the covered organization agreed to follow the 
     prohibition and deposited the payment in an account which is 
     segregated from a campaign-related disbursement segregated 
     fund and any other account used to make campaign-related 
     disbursements.
       ``(C) Threat of harassment or reprisal.--The requirement to 
     include any information relating to the name or address of 
     any person (other than a candidate) in a statement submitted 
     under paragraph (1) shall not apply if the inclusion of the 
     information would subject the person to serious threats, 
     harassment, or reprisals.
       ``(4) Other definitions.--For purposes of this section:
       ``(A) Beneficial owner defined.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `beneficial owner' means, with respect to any entity, a 
     natural person who, directly or indirectly--

       ``(I) exercises substantial control over an entity through 
     ownership, voting rights, agreement, or otherwise; or
       ``(II) has a substantial interest in or receives 
     substantial economic benefits from the assets of an entity.

       ``(ii) Exceptions.--The term `beneficial owner' shall not 
     include--

       ``(I) a minor child;
       ``(II) a person acting as a nominee, intermediary, 
     custodian, or agent on behalf of another person;
       ``(III) a person acting solely as an employee of an entity 
     and whose control over or economic benefits from the entity 
     derives solely from the employment status of the person;
       ``(IV) a person whose only interest in an entity is through 
     a right of inheritance, unless the person also meets the 
     requirements of clause (i); or
       ``(V) a creditor of an entity, unless the creditor also 
     meets the requirements of clause (i).

       ``(iii) Anti-abuse rule.--The exceptions under clause (ii) 
     shall not apply if used for the purpose of evading, 
     circumventing, or abusing the provisions of clause (i) or 
     paragraph (2)(A).
       ``(B) Campaign-related disbursement segregated fund.--The 
     term `campaign-related disbursement segregated fund' means a 
     segregated bank account consisting of funds that were paid 
     directly to such account by persons other than the covered 
     organization that controls the account.
       ``(C) Disclosure date.--The term `disclosure date' means--
       ``(i) the first date during any election reporting cycle by 
     which a person has made campaign-related disbursements 
     aggregating more than $10,000; and
       ``(ii) any other date during such election reporting cycle 
     by which a person has made campaign-related disbursements 
     aggregating more than $10,000 since the most recent 
     disclosure date for such election reporting cycle.
       ``(D) Election reporting cycle.--The term `election 
     reporting cycle' means the 2-year period beginning on the 
     date of the most recent general election for Federal office.
       ``(E) Payment.--The term `payment' includes any 
     contribution, donation, transfer, payment of dues, or other 
     payment.
       ``(b) Coordination With Other Provisions.--Information 
     included in a statement filed under this section may be 
     excluded from statements and reports filed under section 304.

[[Page S4471]]

       ``(c) Filing.--Statements required to be filed under 
     subsection (a) shall be subject to the requirements of 
     section 304(d) to the same extent and in the same manner as 
     if such reports had been required under subsection (c) or (g) 
     of section 304.
       ``(d) Campaign-related Disbursement Defined.--
       ``(1) In general.--In this section, the term `campaign-
     related disbursement' means a disbursement by a covered 
     organization for any of the following:
       ``(A) An independent expenditure which expressly advocates 
     the election or defeat of a clearly identified candidate for 
     election for Federal office, or is the functional equivalent 
     of express advocacy because, when taken as a whole, it can be 
     interpreted by a reasonable person only as advocating the 
     election or defeat of a candidate for election for Federal 
     office.
       ``(B) An applicable public communication.
       ``(C) An electioneering communication, as defined in 
     section 304(f)(3).
       ``(D) A covered transfer.
       ``(2) Applicable public communications.--
       ``(A) In general.--The term `applicable public 
     communication' means any public communication that refers to 
     a clearly identified candidate for election for Federal 
     office and which promotes or supports the election of a 
     candidate for that office, or attacks or opposes the election 
     of a candidate for that office, without regard to whether the 
     communication expressly advocates a vote for or against a 
     candidate for that office.
       ``(B) Exception.--Such term shall not include any news 
     story, commentary, or editorial distributed through the 
     facilities of any broadcasting station or any print, online, 
     or digital newspaper, magazine, publication, or periodical, 
     unless such facilities are owned or controlled by any 
     political party, political committee, or candidate.
       ``(e) Covered Organization Defined.--In this section, the 
     term `covered organization' means any of the following:
       ``(1) A corporation (other than an organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986).
       ``(2) A limited liability corporation that is not otherwise 
     treated as a corporation for purposes of this Act (other than 
     an organization described in section 501(c)(3) of the 
     Internal Revenue Code of 1986).
       ``(3) An organization described in section 501(c) of such 
     Code and exempt from taxation under section 501(a) of such 
     Code (other than an organization described in section 
     501(c)(3) of such Code).
       ``(4) A labor organization (as defined in section 316(b)).
       ``(5) Any political organization under section 527 of the 
     Internal Revenue Code of 1986, other than a political 
     committee under this Act (except as provided in paragraph 
     (6)).
       ``(6) A political committee with an account that accepts 
     donations or contributions that do not comply with the 
     contribution limits or source prohibitions under this Act, 
     but only with respect to such accounts.
       ``(f) Covered Transfer Defined.--
       ``(1) In general.--In this section, the term `covered 
     transfer' means any transfer or payment of funds by a covered 
     organization to another person if the covered organization--
       ``(A) designates, requests, or suggests that the amounts be 
     used for--
       ``(i) campaign-related disbursements (other than covered 
     transfers); or
       ``(ii) making a transfer to another person for the purpose 
     of making or paying for such campaign-related disbursements;
       ``(B) made such transfer or payment in response to a 
     solicitation or other request for a donation or payment for--
       ``(i) the making of or paying for campaign-related 
     disbursements (other than covered transfers); or
       ``(ii) making a transfer to another person for the purpose 
     of making or paying for such campaign-related disbursements;
       ``(C) engaged in discussions with the recipient of the 
     transfer or payment regarding--
       ``(i) the making of or paying for campaign-related 
     disbursements (other than covered transfers); or
       ``(ii) donating or transferring any amount of such transfer 
     or payment to another person for the purpose of making or 
     paying for such campaign-related disbursements; or
       ``(D) knew or had reason to know that the person receiving 
     the transfer or payment would make campaign-related 
     disbursements in an aggregate amount of $50,000 or more 
     during the 2-year period beginning on the date of the 
     transfer or payment.
       ``(2) Exclusions.--The term `covered transfer' does not 
     include any of the following:
       ``(A) A disbursement made by a covered organization in a 
     commercial transaction in the ordinary course of any trade or 
     business conducted by the covered organization or in the form 
     of investments made by the covered organization.
       ``(B) A disbursement made by a covered organization if--
       ``(i) the covered organization prohibited, in writing, the 
     use of such disbursement for campaign-related disbursements; 
     and
       ``(ii) the recipient of the disbursement agreed to follow 
     the prohibition and deposited the disbursement in an account 
     which is segregated from a campaign-related disbursement 
     segregated fund and any other account used to make campaign-
     related disbursements.
       ``(3) Special rule regarding transfers among affiliates.--
       ``(A) Special rule.--A transfer of an amount by one covered 
     organization to another covered organization which is treated 
     as a transfer between affiliates under subparagraph (C) shall 
     be considered a covered transfer by the covered organization 
     which transfers the amount only if the aggregate amount 
     transferred during the year by such covered organization to 
     that same covered organization is equal to or greater than 
     $50,000.
       ``(B) Determination of amount of certain payments among 
     affiliates.--In determining the amount of a transfer between 
     affiliates for purposes of subparagraph (A), to the extent 
     that the transfer consists of funds attributable to dues, 
     fees, or assessments which are paid by individuals on a 
     regular, periodic basis in accordance with a per-individual 
     calculation which is made on a regular basis, the transfer 
     shall be attributed to the individuals paying the dues, fees, 
     or assessments and shall not be attributed to the covered 
     organization.
       ``(C) Description of transfers between affiliates.--A 
     transfer of amounts from one covered organization to another 
     covered organization shall be treated as a transfer between 
     affiliates if--
       ``(i) one of the organizations is an affiliate of the other 
     organization; or
       ``(ii) each of the organizations is an affiliate of the 
     same organization,
     except that the transfer shall not be treated as a transfer 
     between affiliates if one of the organizations is established 
     for the purpose of making campaign-related disbursements.
       ``(D) Determination of affiliate status.--For purposes of 
     subparagraph (C), a covered organization is an affiliate of 
     another covered organization if--
       ``(i) the governing instrument of the organization requires 
     it to be bound by decisions of the other organization;
       ``(ii) the governing board of the organization includes 
     persons who are specifically designated representatives of 
     the other organization or are members of the governing board, 
     officers, or paid executive staff members of the other 
     organization, or whose service on the governing board is 
     contingent upon the approval of the other organization; or
       ``(iii) the organization is chartered by the other 
     organization.
       ``(E) Coverage of transfers to affiliated section 501(c)(3) 
     organizations.--This paragraph shall apply with respect to an 
     amount transferred by a covered organization to an 
     organization described in paragraph (3) of section 501(c) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code in the same manner as this 
     paragraph applies to an amount transferred by a covered 
     organization to another covered organization.
       ``(g) No Effect on Other Reporting Requirements.--Except as 
     provided in subsection (b)(1), nothing in this section shall 
     be construed to waive or otherwise affect any other 
     requirement of this Act which relates to the reporting of 
     campaign-related disbursements.''.
       (b) Conforming Amendment.--Section 304(f)(6) of such Act 
     (52 U.S.C. 30104) is amended by striking ``Any requirement'' 
     and inserting ``Except as provided in section 324(b), any 
     requirement''.
       (c) Regulations.--Not later than 6 months after the date of 
     the enactment of this Act, the Federal Election Commission 
     shall promulgate regulations relating the application of the 
     exemption under section 324(a)(3)(C) of the Federal Election 
     Campaign Act of 1971 (as added by subsection (a)). Such 
     regulations--
       (1) shall require that the legal burden of establishing 
     eligibility for such exemption is upon the organization 
     required to make the report required under section 324(a)(1) 
     of such Act (as added by subsection (a)), and
       (2) shall be consistent with the principles applied in 
     Citizens United v. Federal Election Commission, 558 U.S. 310 
     (2010).

     SEC. 6012. REPORTING OF FEDERAL JUDICIAL NOMINATION 
                   DISBURSEMENTS.

       (a) Findings.--Congress makes the following findings:
       (1) A fair and impartial judiciary is critical for our 
     democracy and crucial to maintain the faith of the people of 
     the United States in the justice system. As the Supreme Court 
     held in Caperton v. Massey, ``there is a serious risk of 
     actual bias--based on objective and reasonable perceptions--
     when a person with a personal stake in a particular case had 
     a significant and disproportionate influence in placing the 
     judge on the case.'' ( Caperton v. A. T. Massey Coal Co., 556 
     U.S. 868, 884 (2009)).
       (2) Public trust in government is at a historic low. 
     According to polling, most Americans believe that 
     corporations have too much power and influence in politics 
     and the courts.
       (3) The prevalence and pervasiveness of dark money drives 
     public concern about corruption in politics and the courts. 
     Dark money is funding for organizations and political 
     activities that cannot be traced to actual donors. It is made 
     possible by loopholes in our tax laws and regulations, weak 
     oversight by the Internal Revenue Service, and donor-friendly 
     court decisions.
       (4) Under current law, ``social welfare'' organizations and 
     business leagues can use funds to influence elections so long 
     as political activity is not their ``primary'' activity. 
     Super PACs can accept and spend unlimited contributions from 
     any non-foreign source. These groups can spend tens of 
     millions of dollars on political activities. Such dark

[[Page S4472]]

     money groups spent an estimated $1,050,000,000 in the 2020 
     election cycle.
       (5) Dark money is used to shape judicial decision-making. 
     This can take many forms, akin to agency capture: influencing 
     judicial selection by controlling who gets nominated and 
     funding candidate advertisements; creating public relations 
     campaigns aimed at mobilizing the judiciary around particular 
     issues; and drafting law review articles, amicus briefs, and 
     other products which tell judges how to decide a given case 
     and provide ready-made arguments for willing judges to adopt.
       (6) Over the past decade, nonprofit organizations that do 
     not disclose their donors have spent hundreds of millions of 
     dollars to influence the nomination and confirmation process 
     for Federal judges. One organization alone has spent nearly 
     $40,000,000 on advertisements supporting or opposing Supreme 
     Court nominees since 2016.
       (7) Anonymous money spent on judicial nominations is not 
     subject to any disclosure requirements. Federal election laws 
     only regulate contributions and expenditures relating to 
     electoral politics; thus, expenditures, contributions, and 
     advocacy efforts for Federal judgeships are not covered under 
     the Federal Election Campaign Act of 1971. Without more 
     disclosure, the public has no way of knowing whether the 
     people spending money supporting or opposing judicial 
     nominations have business before the courts.
       (8) Congress and the American people have a compelling 
     interest in knowing who is funding these campaigns to select 
     and confirm judges to lifetime appointments on the Federal 
     bench.
       (b) Reporting.--Section 324 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30126), as amended by section 
     6011, is amended by redesignating subsection (g) as 
     subsection (h) and by inserting after subsection (f) the 
     following new subsection:
       ``(g) Application to Federal Judicial Nominations.--
       ``(1) In general.--For purposes of this section--
       ``(A) a disbursement by a covered organization for a 
     Federal judicial nomination communication shall be treated as 
     a campaign-related disbursement; and
       ``(B) in the case of campaign-related disbursements which 
     are for Federal judicial nomination communications--
       ``(i) the dollar amounts in paragraphs (1) and (2) of 
     subsection (a) shall be applied separately with respect to 
     such disbursements and other campaign-related disbursements;
       ``(ii) the election reporting cycle shall be the calendar 
     year in which the disbursement for the Federal judicial 
     nomination communication is made;
       ``(iii) references to a candidate in subsections (a)(2)(C), 
     (a)(2)(D), and (a)(3)(C) shall be treated as references to a 
     nominee for a Federal judge or justice; and
       ``(iv) the reference to an election in subsection (a)(2)(C) 
     shall be treated as a reference to the nomination of such 
     nominee.
       ``(2) Federal judicial nomination communication.--
       ``(A) In general.--The term `Federal judicial nomination 
     communication' means any communication--
       ``(i) that is by means of any broadcast, cable, or 
     satellite, paid internet, or paid digital communication, paid 
     promotion, newspaper, magazine, outdoor advertising facility, 
     mass mailing, telephone bank, telephone messaging effort of 
     more than 500 substantially similar calls or electronic 
     messages within a 30-day period, or any other form of general 
     public political advertising; and
       ``(ii) which promotes, supports, attacks, or opposes the 
     nomination or Senate confirmation of an individual as a 
     Federal judge or justice.
       ``(B) Exception.--Such term shall not include any news 
     story, commentary, or editorial distributed through the 
     facilities of any broadcasting station or any print, online, 
     or digital newspaper, magazine, publication, or periodical, 
     unless such facilities are owned or controlled by any 
     political party, political committee, or candidate.
       ``(C) Intent not required.--A disbursement for an item 
     described in subparagraph (A) shall be treated as a 
     disbursement for a Federal judicial nomination communication 
     regardless of the intent of the person making the 
     disbursement.''.

     SEC. 6013. COORDINATION WITH FINCEN.

       (a) In General.--The Director of the Financial Crimes 
     Enforcement Network of the Department of the Treasury shall 
     provide the Federal Election Commission with such information 
     as necessary to assist in administering and enforcing section 
     324 of the Federal Election Campaign Act of 1971, as amended 
     by this part.
       (b) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Chairman of the Federal Election 
     Commission, in consultation with the Director of the 
     Financial Crimes Enforcement Network of the Department of the 
     Treasury, shall submit to Congress a report with 
     recommendations for providing further legislative authority 
     to assist in the administration and enforcement of such 
     section 324.

     SEC. 6014. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS 
                   FOR CAMPAIGN-RELATED DISBURSEMENTS CONSISTING 
                   OF COVERED TRANSFERS.

       Section 319(b)(2) of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section 6003, 
     is amended--
       (1) by striking ``includes any disbursement'' and inserting 
     ``includes--
       ``(A) any disbursement'';
       (2) by striking the period at the end and inserting ``; 
     and'', and
       (3) by adding at the end the following new subparagraph:
       ``(B) any disbursement, other than a disbursement described 
     in section 324(a)(3)(A), to another person who made a 
     campaign-related disbursement consisting of a covered 
     transfer (as described in section 324) during the 2-year 
     period ending on the date of the disbursement.''.

     SEC. 6015. SENSE OF CONGRESS REGARDING IMPLEMENTATION.

       It is the sense of Congress that the Federal Election 
     Commission should simplify the process for filing any 
     disclosure required under the provisions of, and amendments 
     made by, this part in order to ensure that such process is as 
     easy and accessible as possible.

     SEC. 6016. EFFECTIVE DATE.

       The amendments made by this part shall apply with respect 
     to disbursements made on or after January 1, 2026, and shall 
     take effect without regard to whether or not the Federal 
     Election Commission has promulgated regulations to carry out 
     such amendments.

                  PART 3--OTHER ADMINISTRATIVE REFORMS

     SEC. 6021. PETITION FOR CERTIORARI.

       Section 307(a)(6) of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30107(a)(6)) is amended by inserting 
     ``(including a proceeding before the Supreme Court on 
     certiorari)'' after ``appeal''.

     SEC. 6022. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN 
                   FINANCE LAWS.

       (a) In General.--Title IV of the Federal Election Campaign 
     Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting 
     after section 406 the following new section:

     ``SEC. 407. JUDICIAL REVIEW.

       ``(a) In General.--If any action is brought for declaratory 
     or injunctive relief to challenge, whether facially or as-
     applied, the constitutionality or lawfulness of any provision 
     of this Act, including title V, or of chapter 95 or 96 of the 
     Internal Revenue Code of 1986, or is brought to with respect 
     to any action of the Commission under chapter 95 or 96 of the 
     Internal Revenue Code of 1986, the following rules shall 
     apply:
       ``(1) The action shall be filed in the United States 
     District Court for the District of Columbia and an appeal 
     from the decision of the district court may be taken to the 
     Court of Appeals for the District of Columbia Circuit.
       ``(2) In the case of an action relating to declaratory or 
     injunctive relief to challenge the constitutionality of a 
     provision, the party filing the action shall concurrently 
     deliver a copy of the complaint to the Clerk of the House of 
     Representatives and the Secretary of the Senate.
       ``(3) It shall be the duty of the United States District 
     Court for the District of Columbia and the Court of Appeals 
     for the District of Columbia Circuit to advance on the docket 
     and to expedite to the greatest possible extent the 
     disposition of the action and appeal.
       ``(b) Clarifying Scope of Jurisdiction.--If an action at 
     the time of its commencement is not subject to subsection 
     (a), but an amendment, counterclaim, cross-claim, affirmative 
     defense, or any other pleading or motion is filed 
     challenging, whether facially or as-applied, the 
     constitutionality or lawfulness of this Act or of chapter 95 
     or 96 of the Internal Revenue Code of 1986, or is brought to 
     with respect to any action of the Commission under chapter 95 
     or 96 of the Internal Revenue Code of 1986, the district 
     court shall transfer the action to the District Court for the 
     District of Columbia, and the action shall thereafter be 
     conducted pursuant to subsection (a).
       ``(c) Intervention by Members of Congress.--In any action 
     described in subsection (a) relating to declaratory or 
     injunctive relief to challenge the constitutionality of a 
     provision, any Member of the House of Representatives 
     (including a Delegate or Resident Commissioner to the 
     Congress) or Senate shall have the right to intervene either 
     in support of or opposition to the position of a party to the 
     case regarding the constitutionality of the provision. To 
     avoid duplication of efforts and reduce the burdens placed on 
     the parties to the action, the court in any such action may 
     make such orders as it considers necessary, including orders 
     to require interveners taking similar positions to file joint 
     papers or to be represented by a single attorney at oral 
     argument.
       ``(d) Challenge by Members of Congress.--Any Member of 
     Congress may bring an action, subject to the special rules 
     described in subsection (a), for declaratory or injunctive 
     relief to challenge, whether facially or as-applied, the 
     constitutionality of any provision of this Act or chapter 95 
     or 96 of the Internal Revenue Code of 1986.''.
       (b) Conforming Amendments.--
       (1) Section 9011 of the Internal Revenue Code of 1986 is 
     amended to read as follows:

     ``SEC. 9011. JUDICIAL REVIEW.

       ``For provisions relating to judicial review of 
     certifications, determinations, and actions by the Commission 
     under this chapter, see section 407 of the Federal Election 
     Campaign Act of 1971.''.
       (2) Section 9041 of the Internal Revenue Code of 1986 is 
     amended to read as follows:

     ``SEC. 9041. JUDICIAL REVIEW.

       ``For provisions relating to judicial review of actions by 
     the Commission under this

[[Page S4473]]

     chapter, see section 407 of the Federal Election Campaign Act 
     of 1971.''.
       (3) Section 310 of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30110) is repealed.
       (4) Section 403 of the Bipartisan Campaign Reform Act of 
     2002 (52 U.S.C. 30110 note) is repealed.

     SEC. 6023. EFFECTIVE DATE.

       The amendments made by this subtitle shall take effect and 
     apply on the date of the enactment of this Act, without 
     regard to whether or not the Federal Election Commission has 
     promulgated regulations to carry out this subtitle and the 
     amendments made by this subtitle.

                         Subtitle B--Honest Ads

     SEC. 6101. SHORT TITLE.

       This subtitle may be cited as the ``Honest Ads Act''.

     SEC. 6102. PURPOSE.

       The purpose of this subtitle is to enhance the integrity of 
     American democracy and national security by improving 
     disclosure requirements for online political advertisements 
     in order to uphold the Supreme Court's well-established 
     standard that the electorate bears the right to be fully 
     informed.

     SEC. 6103. FINDINGS.

       Congress makes the following findings:
       (1) In 2002, the Bipartisan Campaign Reform Act of 2002 
     (Public Law 107-155) became law, establishing disclosure 
     requirements for political advertisements distributed from a 
     television or radio broadcast station or provider of cable or 
     satellite television. In 2003, the Supreme Court upheld 
     regulations on electioneering communications established 
     under the Act, noting that such requirements ``provide the 
     electorate with information and insure that the voters are 
     fully informed about the person or group who is speaking.'' 
     The Court reaffirmed this conclusion in 2010 by an 8-1 vote.
       (2) In its 2006 rulemaking, the Federal Election 
     Commission, the independent Federal agency charged with 
     protecting the integrity of the Federal campaign finance 
     process, noted that 18 percent of all Americans cited the 
     internet as their leading source of news about the 2004 
     Presidential election. By contrast, Gallup and the Knight 
     Foundation found in 2020 that the majority of Americans, 58 
     percent, got most of their news about elections online.
       (3) According to studies from AdImpact and Borrell 
     Associates, in 2020, an estimated $1,700,000,000 was spent on 
     online political advertising, more than 10 times the amount 
     spent in 2012.
       (4) In order to enhance transparency of all political 
     advertisement funding, it is prudent to extend to online 
     internet platforms the same types of political advertisement 
     disclosure requirements applicable to broadcast television 
     and radio stations, and providers of cable and satellite 
     television.
       (5) Effective and complete transparency for voters must 
     include information about the true and original source of 
     money given, transferred, and spent on political 
     advertisements made online.
       (6) Requiring the disclosure of this information is a 
     necessary and narrowly tailored means to inform the voting 
     public of who is behind digital advertising disseminated to 
     influence their votes and to enable the Federal Election 
     Commission and the Department of Justice to detect and 
     prosecute illegal foreign spending on local, State, and 
     Federal elections and other campaign finance violations.
       (7) Paid advertising on large online platforms is different 
     from advertising placed on other common media in terms of the 
     comparatively low cost of reaching large numbers of people, 
     the availability of sophisticated microtargeting, and the 
     ease with which online advertisers, particularly those 
     located outside the United States, can evade disclosure 
     requirements. Requiring large online platforms to maintain 
     public files of information about the online political ads 
     they disseminate is the best and least restrictive means to 
     ensure the voting public has complete information about who 
     is trying to influence their votes and to aid enforcement of 
     other laws, including the prohibition on foreign money in 
     domestic campaigns.
       (8) The reach of a few large internet platforms--larger 
     than any broadcast, satellite, or cable provider--has greatly 
     facilitated the scope and effectiveness of disinformation 
     campaigns. For instance, the largest platform has over 
     247,000,000 American users--over 153,000,000 of them on a 
     daily basis. By contrast, the largest cable television 
     provider has 16,142,000 subscribers, while the largest 
     satellite television provider has 13,300,000 subscribers. And 
     the most-watched television broadcast in United States 
     history had 118,000,000 viewers.
       (9) The public nature of broadcast television, radio, and 
     satellite ensures a level of publicity for any political 
     advertisement. These communications are accessible to the 
     press, fact-checkers, and political opponents. This creates 
     strong disincentives for a candidate to disseminate 
     materially false, inflammatory, or contradictory messages to 
     the public. Social media platforms, in contrast, can target 
     portions of the electorate with direct, ephemeral 
     advertisements often on the basis of private information the 
     platform has on individuals, enabling political 
     advertisements that are contradictory, racially or socially 
     inflammatory, or materially false.
       (10) Large social media platforms are the only entities in 
     possession of certain key data related to paid online ads, 
     including the exact audience targeted by those ads and their 
     number of impressions. Such information, which cannot be 
     reliably disclosed by the purchasers of ads, is extremely 
     useful for informing the electorate, guarding against 
     corruption, and aiding in the enforcement of existing 
     campaign finance regulations.
       (11) Paid advertisements on social media platforms have 
     served as critical tools for foreign online influence 
     campaigns--even those that rely on large amounts of unpaid 
     content--because such ads allow foreign actors to test the 
     effectiveness of different messages, expose their messages to 
     audiences who have not sought out such content, and recruit 
     audiences for future campaigns and posts.
       (12) A 2019 Senate Select Committee on Intelligence's 
     Report on Russian Active Measures Campaigns and Interference 
     in the 2016 U.S. Election Volume 2: Russia's Use of Social 
     Media with Additional Views, the Committee recommended ``that 
     Congress examine legislative approaches to ensuring Americans 
     know the sources of online political advertisements. The 
     Federal Election Campaign Act of 1971 requires political 
     advertisements on television, radio and satellite to disclose 
     the sponsor of the advertisement. The same requirements 
     should apply online. This will also help to ensure that the 
     IRA or any similarly situated actors cannot use paid 
     advertisements for purposes of foreign interference.''.
       (13) On March 16, 2021, the Office of the Director of 
     National Intelligence released the declassified Intelligence 
     Community assessment of foreign threats to the 2020 U.S. 
     Federal elections. The declassified report found: 
     ``Throughout the election cycle, Russia's online influence 
     actors sought to affect U.S. public perceptions of the 
     candidates, as well as advance Moscow's longstanding goals of 
     undermining confidence in US election processes and 
     increasing sociopolitical divisions among the American 
     people.'' The report also determined that Iran sought to 
     influence the election by ``creating and amplifying social 
     media content that criticized [candidates].''
       (14) According to a Wall Street Journal report in April 
     2021, voluntary ad libraries operated by major platforms rely 
     on foreign governments to self-report political ad purchases. 
     These ad-buys, including those diminishing major human rights 
     violations like the Uighur genocide, are under-reported by 
     foreign government purchasers, with no substantial oversight 
     or repercussions from the platforms.
       (15) Multiple reports have indicated that online ads have 
     become a key vector for strategic influence by the People's 
     Republic of China. An April 2021 Wall Street Journal report 
     noted that the Chinese government and Chinese state-owned 
     enterprises are major purchasers of ads on the U.S.'s largest 
     social media platform, including to advance Chinese 
     propaganda.
       (16) Large online platforms have made changes to their 
     policies intended to make it harder for foreign actors to 
     purchase political ads. However, these private actions have 
     not been taken by all platforms, have not been reliably 
     enforced, and are subject to immediate change at the 
     discretion of the platforms.
       (17) The Federal Election Commission's current regulations 
     on political advertisements do not provide sufficient 
     transparency to uphold the public's right to be fully 
     informed about political advertisements made online.

     SEC. 6104. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the dramatic increase in digital political 
     advertisements, and the growing centrality of online 
     platforms in the lives of Americans, requires the Congress 
     and the Federal Election Commission to take meaningful action 
     to ensure that laws and regulations provide the 
     accountability and transparency that is fundamental to our 
     democracy;
       (2) free and fair elections require both transparency and 
     accountability which give the public a right to know the true 
     sources of funding for political advertisements, be they 
     foreign or domestic, in order to make informed political 
     choices and hold elected officials accountable; and
       (3) transparency of funding for political advertisements is 
     essential to enforce other campaign finance laws, including 
     the prohibition on campaign spending by foreign nationals.

     SEC. 6105. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.

       (a) In General.--Paragraph (22) of section 301 of the 
     Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)) 
     is amended by striking ``or satellite communication'' and 
     inserting ``satellite, paid internet, or paid digital 
     communication''.
       (b) Treatment of Contributions and Expenditures.--Section 
     301 of such Act (52 U.S.C. 30101) is amended--
       (1) in paragraph (8)(B)(v), by striking ``on broadcasting 
     stations, or in newspapers, magazines, or similar types of 
     general public political advertising'' and inserting ``in any 
     public communication''; and
       (2) in paragraph (9)(B)--
       (A) by amending clause (i) to read as follows:
       ``(i) any news story, commentary, or editorial distributed 
     through the facilities of any broadcasting station or any 
     print, online, or digital newspaper, magazine, publication, 
     periodical, blog, or platform, unless

[[Page S4474]]

     such broadcasting, print, online, or digital facilities are 
     owned or controlled by any political party, political 
     committee, or candidate;''; and
       (B) in clause (iv), by striking ``on broadcasting stations, 
     or in newspapers, magazines, or similar types of general 
     public political advertising'' and inserting ``in any public 
     communication''.
       (c) Disclosure and Disclaimer Statements.--Subsection (a) 
     of section 318 of such Act (52 U.S.C. 30120) is amended--
       (1) by striking ``financing any communication through any 
     broadcasting station, newspaper, magazine, outdoor 
     advertising facility, mailing, or any other type of general 
     public political advertising'' and inserting ``financing any 
     public communication''; and
       (2) by striking ``solicits any contribution through any 
     broadcasting station, newspaper, magazine, outdoor 
     advertising facility, mailing, or any other type of general 
     public political advertising'' and inserting ``solicits any 
     contribution through any public communication''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall take effect without regard to whether or not the 
     Federal Election Commission has promulgated the final 
     regulations necessary to carry out this part and the 
     amendments made by this part by the deadline set forth in 
     subsection (e).
       (e) Regulation.--Not later than 1 year after the date of 
     the enactment of this Act, the Federal Election Commission 
     shall promulgate regulations on what constitutes a paid 
     internet or paid digital communication for purposes of 
     paragraph (22) of section 301 of the Federal Election 
     Campaign Act of 1971(52 U.S.C. 30101(22)), as amended by 
     subsection (a), except that such regulation shall not define 
     a paid internet or paid digital communication to include 
     communications for which the only payment consists of 
     internal resources, such as employee compensation, of the 
     entity paying for the communication.

     SEC. 6106. EXPANSION OF DEFINITION OF ELECTIONEERING 
                   COMMUNICATION.

       (a) Expansion to Online Communications.--
       (1) Application to qualified internet and digital 
     communications.--
       (A) In general.--Subparagraph (A) of section 304(f)(3) of 
     the Federal Election Campaign Act of 1971 (52 U.S.C. 
     30104(f)(3)(A)) is amended by striking ``or satellite 
     communication'' each place it appears in clauses (i) and (ii) 
     and inserting ``satellite, or qualified internet or digital 
     communication''.
       (B) Qualified internet or digital communication.--Paragraph 
     (3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is 
     amended by adding at the end the following new subparagraph:
       ``(D) Qualified internet or digital communication.--The 
     term `qualified internet or digital communication' means any 
     communication which is placed or promoted for a fee on an 
     online platform (as defined in subsection (k)(3)).''.
       (2) Nonapplication of relevant electorate to online 
     communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 
     U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any 
     broadcast, cable, or satellite'' before ``communication''.
       (3) News exemption.--Section 304(f)(3)(B)(i) of such Act 
     (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
       ``(i) a communication appearing in a news story, 
     commentary, or editorial distributed through the facilities 
     of any broadcasting station or any online or digital 
     newspaper, magazine, publication, periodical, blog, or 
     platform, unless such broadcasting, online, or digital 
     facilities are owned or controlled by any political party, 
     political committee, or candidate;''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to communications made on or after 
     January 1, 2026, and shall take effect without regard to 
     whether or not the Federal Election Commission has 
     promulgated regulations to carry out such amendments.

     SEC. 6107. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE 
                   COMMUNICATIONS.

       (a) Clear and Conspicuous Manner Requirement.--Subsection 
     (a) of section 318 of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30120(a)) is amended--
       (1) by striking ``shall clearly state'' each place it 
     appears in paragraphs (1), (2), and (3) and inserting ``shall 
     state in a clear and conspicuous manner''; and
       (2) by adding at the end the following flush sentence: 
     ``For purposes of this section, a communication does not make 
     a statement in a clear and conspicuous manner if it is 
     difficult to read or hear or if the placement is easily 
     overlooked.''.
       (b) Special Rules for Qualified Internet or Digital 
     Communications.--
       (1) In general.--Section 318 of such Act (52 U.S.C. 30120) 
     is amended by adding at the end the following new subsection:
       ``(e) Special Rules for Qualified Internet or Digital 
     Communications.--
       ``(1) Special rules with respect to statements.--In the 
     case of any qualified internet or digital communication (as 
     defined in section 304(f)(3)(D)) which is disseminated 
     through a medium in which the provision of all of the 
     information specified in this section is not possible, the 
     communication shall, in a clear and conspicuous manner--
       ``(A) state the name of the person who paid for the 
     communication; and
       ``(B) provide a means for the recipient of the 
     communication to obtain the remainder of the information 
     required under this section with minimal effort and without 
     receiving or viewing any additional material other than such 
     required information.
       ``(2) Safe harbor for determining clear and conspicuous 
     manner.--A statement in qualified internet or digital 
     communication (as defined in section 304(f)(3)(D)) shall be 
     considered to be made in a clear and conspicuous manner as 
     provided in subsection (a) if the communication meets the 
     following requirements:
       ``(A) Text or graphic communications.--In the case of a 
     text or graphic communication, the statement--
       ``(i) appears in letters at least as large as the majority 
     of the text in the communication; and
       ``(ii) meets the requirements of paragraphs (2) and (3) of 
     subsection (c).
       ``(B) Audio communications.--In the case of an audio 
     communication, the statement is spoken in a clearly audible 
     and intelligible manner at the beginning or end of the 
     communication and lasts at least 3 seconds.
       ``(C) Video communications.--In the case of a video 
     communication which also includes audio, the statement--
       ``(i) is included at either the beginning or the end of the 
     communication; and
       ``(ii) is made both in--

       ``(I) a written format that meets the requirements of 
     subparagraph (A) and appears for at least 4 seconds; and
       ``(II) an audible format that meets the requirements of 
     subparagraph (B).

       ``(D) Other communications.--In the case of any other type 
     of communication, the statement is at least as clear and 
     conspicuous as the statement specified in subparagraph (A), 
     (B), or (C).''.
       (2) Nonapplication of certain exceptions.--The exceptions 
     provided in section 110.11(f)(1)(i) and (ii) of title 11, 
     Code of Federal Regulations, or any successor to such rules, 
     shall have no application to qualified internet or digital 
     communications (as defined in section 304(f)(3)(D) of the 
     Federal Election Campaign Act of 1971).
       (c) Modification of Additional Requirements for Certain 
     Communications.--Section 318(d) of such Act (52 U.S.C. 
     30120(d)) is amended--
       (1) in paragraph (1)(A)--
       (A) by striking ``which is transmitted through radio'' and 
     inserting ``which is in an audio format''; and
       (B) by striking ``By radio'' in the heading and inserting 
     ``Audio format'';
       (2) in paragraph (1)(B)--
       (A) by striking ``which is transmitted through television'' 
     and inserting ``which is in video format''; and
       (B) by striking ``By television'' in the heading and 
     inserting ``Video format''; and
       (3) in paragraph (2)--
       (A) by striking ``transmitted through radio or television'' 
     and inserting ``made in audio or video format''; and
       (B) by striking ``through television'' in the second 
     sentence and inserting ``in video format''.
       (d) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall take effect without regard to whether or not the 
     Federal Election Commission has promulgated regulations to 
     carry out such amendments.

     SEC. 6108. POLITICAL RECORD REQUIREMENTS FOR ONLINE 
                   PLATFORMS.

       (a) In General.--Section 304 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 
     3802, is amended by adding at the end the following new 
     subsection:
       ``(k) Disclosure of Certain Online Advertisements.--
       ``(1) In general.--
       ``(A) Requirements for online platforms.--
       ``(i) In general.--An online platform shall maintain, and 
     make available for online public inspection in machine 
     readable format, a complete record of any qualified political 
     advertisement which is purchased by a person whose aggregate 
     purchases of qualified political advertisements on such 
     online platform during the calendar year exceeds $500.
       ``(ii) Requirement relating to political ads sold by third 
     party advertising vendors.--An online platform that displays 
     a qualified political advertisement sold by a third party 
     advertising vendor shall include on its own platform--

       ``(I) an easily accessible and identifiable link to the 
     records maintained by the third-party advertising vendor 
     under clause (i) regarding such qualified political 
     advertisement; or
       ``(II) in any case in which the third party advertising 
     vendor does not make such records available, a statement that 
     no records from the third party advertising vendors records 
     are available.

       ``(B) Requirements for advertisers.--Any person who 
     requests to purchase a qualified political advertisement on 
     an online platform shall provide the online platform with 
     such information as is necessary for the online platform to 
     comply with the requirements of subparagraph (A).
       ``(2) Contents of record.--A record maintained under 
     paragraph (1)(A) shall contain--
       ``(A) a digital copy of the qualified political 
     advertisement;
       ``(B) a description of the audience that received the 
     advertisement, the number of views generated from the 
     advertisement, and

[[Page S4475]]

     the date and time that the advertisement is first displayed 
     and last displayed; and
       ``(C) information regarding--
       ``(i) the total cost of the advertisement (which may be 
     rounded to the nearest $100);
       ``(ii) the name of the candidate to which the advertisement 
     refers and the office to which the candidate is seeking 
     election, the election to which the advertisement refers, or 
     the national legislative issue to which the advertisement 
     refers (as applicable);
       ``(iii) in the case of a request made by, or on behalf of, 
     a candidate, the name of the candidate, the authorized 
     committee of the candidate, and the treasurer of such 
     committee; and
       ``(iv) in the case of any request not described in clause 
     (iii), the name of the person purchasing the advertisement, 
     the name and address of a contact person for such person, and 
     a list of the chief executive officers or members of the 
     executive committee or of the board of directors of such 
     person.
       ``(3) Online platform.--
       ``(A) In general.--For purposes of this subsection, subject 
     to subparagraph (B), the term `online platform' means any 
     public-facing website, web application, or digital 
     application (including a social network, ad network, or 
     search engine) which--
       ``(i)(I) sells qualified political advertisements; and
       ``(II) has 50,000,000 or more unique monthly United States 
     visitors or users for a majority of months during the 
     preceding 12 months; or
       ``(ii) is a third-party advertising vendor that has 
     50,000,000 or more unique monthly United States visitors in 
     the aggregate on any advertisement space that it has sold or 
     bought for a majority of months during the preceding 12 
     months, as measured by an independent digital ratings service 
     accredited by the Media Ratings Council (or its successor).
       ``(B) Exemption.--Such term shall not include any online 
     platform that is a distribution facility of any broadcasting 
     station or newspaper, magazine, blog, publication, or 
     periodical.
       ``(C) Third-party advertising vendor defined.--For purposes 
     of this subsection, the term `third-party advertising vendor' 
     includes any third-party advertising vendor network, 
     advertising agency, advertiser, or third-party advertisement 
     serving company that buys and sells advertisement space on 
     behalf of unaffiliated third-party websites, search engines, 
     digital applications, or social media sites.
       ``(4) Qualified political advertisement.--For purposes of 
     this subsection, the term `qualified political advertisement' 
     means any advertisement (including search engine marketing, 
     display advertisements, video advertisements, native 
     advertisements, and sponsorships) that--
       ``(A) is made by or on behalf of a candidate; or
       ``(B) communicates a message relating to any political 
     matter of national importance, including--
       ``(i) a candidate;
       ``(ii) any election to Federal office; or
       ``(iii) a national legislative issue of public importance.
       ``(5) Time to maintain file.--The information required 
     under this subsection shall be made available as soon as 
     possible and shall be retained by the online platform for a 
     period of not less than 4 years.
       ``(6) Special rule.--For purposes of this subsection, 
     multiple versions of an advertisement that contain no 
     material differences (such as versions that differ only 
     because they contain a recipient's name, or differ only in 
     size, color, font, or layout) may be treated as a single 
     qualified political advertisement.
       ``(7) Penalties.--For penalties for failure by online 
     platforms, and persons requesting to purchase a qualified 
     political advertisement on online platforms, to comply with 
     the requirements of this subsection, see section 309.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall take effect without regard to whether or not the 
     Federal Election Commission has promulgated the final 
     regulations necessary to carry out this part and the 
     amendments made by this part by the deadline set forth in 
     subsection (c).
       (c) Rulemaking.--Not later than 120 days after the date of 
     the enactment of this Act, the Federal Election Commission 
     shall establish rules--
       (1) for determining whether an advertisement communicates a 
     national legislative issue for purposes of section 304(k) of 
     the Federal Election Campaign Act of 1971 (as added by 
     subsection (a));
       (2) requiring common data formats for the record required 
     to be maintained under such section 304(k) so that all online 
     platforms submit and maintain data online in a common, 
     machine-readable and publicly accessible format; and
       (3) establishing search interface requirements relating to 
     such record, including searches by candidate name, issue, 
     purchaser, and date.
       (d) Reporting.--Not later than 2 years after the date of 
     the enactment of this Act, and biannually thereafter, the 
     Chairman of the Federal Election Commission shall submit a 
     report to Congress on--
       (1) matters relating to compliance with and the enforcement 
     of the requirements of section 304(k) of the Federal Election 
     Campaign Act of 1971, as added by subsection (a);
       (2) recommendations for any modifications to such section 
     to assist in carrying out its purposes; and
       (3) identifying ways to bring transparency and 
     accountability to political advertisements distributed online 
     for free.

     SEC. 6109. PREVENTING CONTRIBUTIONS, EXPENDITURES, 
                   INDEPENDENT EXPENDITURES, AND DISBURSEMENTS FOR 
                   ELECTIONEERING COMMUNICATIONS BY FOREIGN 
                   NATIONALS IN THE FORM OF ONLINE ADVERTISING.

       Section 319 of the Federal Election Campaign Act of 1971 
     (52 U.S.C. 30121) is amended by adding at the end the 
     following new subsection:
       ``(c) Responsibilities of Broadcast Stations, Providers of 
     Cable and Satellite Television, and Online Platforms.--
       ``(1) In general.--Each television or radio broadcast 
     station, provider of cable or satellite television, or online 
     platform (as defined in section 304(k)(3)) shall make 
     reasonable efforts to ensure that communications described in 
     section 318(a) and made available by such station, provider, 
     or platform are not purchased by a foreign national, directly 
     or indirectly.
       ``(2) Regulations.-- Not later than 1 year after the date 
     of the enactment of this subsection, the Commission shall 
     promulgate regulations on what constitutes reasonable efforts 
     under paragraph (1).''.

     SEC. 6110. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES 
                   IDENTIFYING SPONSORS OF POLITICAL 
                   ADVERTISEMENTS AND TO ENSURE NOTICES CONTINUE 
                   TO BE PRESENT WHEN ADVERTISEMENTS ARE SHARED.

       (a) In General.--Section 304 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 
     3802 and section 6108(a), is amended by adding at the end the 
     following new subsection:
       ``(l) Ensuring Display and Sharing of Sponsor 
     Identification in Online Political Advertisements.--
       ``(1) Requirement.--Any online platform that displays a 
     qualified political advertisement (regardless of whether such 
     qualified political advertisement was purchased directly from 
     the online platform) shall--
       ``(A) display with the advertisement a visible notice 
     identifying the sponsor of the advertisement (or, if it is 
     not practical for the platform to display such a notice, a 
     notice that the advertisement is sponsored by a person other 
     than the platform); and
       ``(B) ensure that the notice will continue to be displayed 
     if a viewer of the advertisement shares the advertisement 
     with others on that platform.
       ``(2) Safe harbor.--An online platform shall not be treated 
     as having failed to comply with the requirements of paragraph 
     (1)(A) for the misidentification of a person as the sponsor 
     of a the advertisement if--
       ``(A) the person placing the online advertisement 
     designated the person displayed in the advertisement as the 
     sponsor; and
       ``(B) the online platform relied on such designation in 
     good faith.
       ``(3) Definitions.--In this subsection--
       ``(A) the term `online platform' has the meaning given such 
     term in subsection (k)(3);
       ``(B) the term ``qualified political advertisement' has the 
     meaning given such term in subsection (k)(4); and
       ``(C) the term `sponsor' means the person purchasing the 
     advertisement.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to advertisements displayed on or 
     after the 120-day period which begins on the date of the 
     enactment of this Act and shall take effect without regard to 
     whether or not the Federal Election Commission has 
     promulgated regulations to carry out such amendments.

                       Subtitle C--Spotlight Act

     SEC. 6201. SHORT TITLE.

       This subtitle may be cited as the ``Spotlight Act''.

     SEC. 6202. INCLUSION OF CONTRIBUTOR INFORMATION ON ANNUAL 
                   RETURNS OF CERTAIN ORGANIZATIONS.

       (a) Repeal of Regulations.--The final regulations of the 
     Department of the Treasury relating to guidance under section 
     6033 regarding the reporting requirements of exempt 
     organizations (published at 85 Fed. Reg. 31959 (May 28, 
     2020)) shall have no force and effect.
       (b) Inclusion of Contributor Information.--
       (1) Social welfare organizations.--Section 6033(f)(1) of 
     the Internal Revenue Code of 1986 is amended by inserting 
     ``(5),'' after ``paragraphs''.
       (2) Labor organizations and business leagues.--Section 6033 
     of such Code is amended by redesignating subsection (o) as 
     subsection (p) and by inserting after subsection (n) the 
     following new subsection:
       ``(o) Additional Requirements for Organizations Described 
     in Subsections (c)(5) and (c)(6) of Section 501.--Every 
     organization which is described in paragraph (5) or (6) of 
     section 501(c) and which is subject to the requirements of 
     subsection (a) shall include on the return required under 
     subsection (a) the information referred to in subsection 
     (b)(5).''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to returns required to be filed for taxable years 
     ending after the date of the enactment of this Act.
       (c) Modification to Discretionary Exceptions.--Section 
     6033(a)(3)(B) of the Internal

[[Page S4476]]

     Revenue Code of 1986 is amended to read as follows:
       ``(B) Discretionary exceptions.--
       ``(i) In general.--Paragraph (1) shall not apply to any 
     organization if the Secretary made a determination under this 
     subparagraph before July 16, 2018, that such filing is not 
     necessary to the efficient administration of the internal 
     revenue laws.
       ``(ii) Recommendations for other exceptions.--The Secretary 
     may recommend to Congress that Congress relieve any 
     organization required under paragraph (1) to file an 
     information return from filing such a return if the Secretary 
     determines that such filing does not advance a national 
     security, law enforcement, or tax administration purpose.''.

                 TITLE VII--CAMPAIGN FINANCE OVERSIGHT

         Subtitle A--Stopping Super PAC-Candidate Coordination

     SEC. 7001. SHORT TITLE.

       This subtitle may be cited as the ``Stop Super PAC-
     Candidate Coordination Act''.

     SEC. 7002. CLARIFICATION OF TREATMENT OF COORDINATED 
                   EXPENDITURES AS CONTRIBUTIONS TO CANDIDATES.

       (a) Treatment as Contribution to Candidate.--Section 
     301(8)(A) of the Federal Election Campaign Act of 1971 (52 
     U.S.C. 30101(8)(A)) is amended--
       (1) by striking ``or'' at the end of clause (i);
       (2) by striking the period at the end of clause (ii) and 
     inserting ``; or''; and
       (3) by adding at the end the following new clause:
       ``(iii) any payment made by any person (other than a 
     candidate, an authorized committee of a candidate, or a 
     political committee of a political party) for a coordinated 
     expenditure (as such term is defined in section 325) which is 
     not otherwise treated as a contribution under clause (i) or 
     clause (ii).''.
       (b) Definitions.--Title III of such Act (52 U.S.C. 30101 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES.

       ``(a) Coordinated Expenditures.--
       ``(1) In general.--For purposes of section 301(8)(A)(iii), 
     the term `coordinated expenditure' means--
       ``(A) any expenditure, or any payment for a covered 
     communication described in subsection (e), which is made in 
     cooperation, consultation, or concert with, or at the request 
     or suggestion of, a candidate, an authorized committee of a 
     candidate, a political committee of a political party, or 
     agents of the candidate or committee, as defined in 
     subsection (b); or
       ``(B) any payment for any communication which republishes, 
     disseminates, or distributes, in whole or in part, any video 
     or broadcast or any written, graphic, or other form of 
     campaign material prepared by the candidate or committee or 
     by agents of the candidate or committee (including any 
     excerpt or use of any video from any such broadcast or 
     written, graphic, or other form of campaign material).
       ``(2) Exception for payments for certain communications.--A 
     payment for a communication (including a covered 
     communication described in subsection (e)) shall not be 
     treated as a coordinated expenditure under this subsection 
     if--
       ``(A) the communication appears in a news story, 
     commentary, or editorial distributed through the facilities 
     of any broadcasting station, newspaper, magazine, or other 
     periodical publication, unless such facilities are owned or 
     controlled by any political party, political committee, or 
     candidate; or
       ``(B) the communication constitutes a candidate debate or 
     forum conducted pursuant to regulations adopted by the 
     Commission pursuant to section 304(f)(3)(B)(iii), or which 
     solely promotes such a debate or forum and is made by or on 
     behalf of the person sponsoring the debate or forum.
       ``(b) Coordination Described.--
       ``(1) In general.--For purposes of this section, a payment 
     is made `in cooperation, consultation, or concert with, or at 
     the request or suggestion of,' a candidate, an authorized 
     committee of a candidate, a political committee of a 
     political party, or agents of the candidate or committee, if 
     the payment, or any communication for which the payment is 
     made, is not made entirely independently of the candidate, 
     committee, or agents. For purposes of the previous sentence, 
     a payment or communication not made entirely independently of 
     the candidate or committee includes any payment or 
     communication made pursuant to any general or particular 
     understanding with, or pursuant to any communication with, 
     the candidate, committee, or agents about the payment or 
     communication.
       ``(2) No finding of coordination based solely on sharing of 
     information regarding legislative or policy position.--For 
     purposes of this section, a payment shall not be considered 
     to be made by a person in cooperation, consultation, or 
     concert with, or at the request or suggestion of, a candidate 
     or committee, solely on the grounds that the person or the 
     person's agent engaged in discussions with the candidate or 
     committee, or with any agent of the candidate or committee, 
     regarding that person's position on a legislative or policy 
     matter (including urging the candidate or committee to adopt 
     that person's position), so long as there is no communication 
     between the person and the candidate or committee, or any 
     agent of the candidate or committee, regarding the 
     candidate's or committee's campaign advertising, message, 
     strategy, policy, polling, allocation of resources, 
     fundraising, or other campaign activities.
       ``(3) No effect on party coordination standard.--Nothing in 
     this section shall be construed to affect the determination 
     of coordination between a candidate and a political committee 
     of a political party for purposes of section 315(d).
       ``(c) Payments by Coordinated Spenders for Covered 
     Communications.--
       ``(1) Payments made in cooperation, consultation, or 
     concert with candidates.--For purposes of subsection 
     (a)(1)(A), if the person who makes a payment for a covered 
     communication, as defined in subsection (e), is a coordinated 
     spender under paragraph (2) with respect to the candidate as 
     described in paragraph (2), the payment for the covered 
     communication is made in cooperation, consultation, or 
     concert with the candidate.
       ``(2) Coordinated spender defined.--For purposes of this 
     subsection, the term `coordinated spender' means, with 
     respect to a candidate or an authorized committee of a 
     candidate, a person (other than a political committee of a 
     political party) for which any of the following applies:
       ``(A) During the 4-year period ending on the date on which 
     the person makes the payment, the person was directly or 
     indirectly formed or established by or at the request or 
     suggestion of, or with the encouragement of, the candidate 
     (including an individual who later becomes a candidate) or 
     committee or agents of the candidate or committee, including 
     with the approval of the candidate or committee or agents of 
     the candidate or committee.
       ``(B) The candidate or committee or any agent of the 
     candidate or committee solicits funds, appears at a 
     fundraising event, or engages in other fundraising activity 
     on the person's behalf during the election cycle involved, 
     including by providing the person with names of potential 
     donors or other lists to be used by the person in engaging in 
     fundraising activity, regardless of whether the person pays 
     fair market value for the names or lists provided. For 
     purposes of this subparagraph, the term `election cycle' 
     means, with respect to an election for Federal office, the 
     period beginning on the day after the date of the most recent 
     general election for that office (or, if the general election 
     resulted in a runoff election, the date of the runoff 
     election) and ending on the date of the next general election 
     for that office (or, if the general election resulted in a 
     runoff election, the date of the runoff election).
       ``(C) The person is established, directed, or managed by 
     the candidate or committee or by any person who, during the 
     4-year period ending on the date on which the person makes 
     the payment, has been employed or retained as a political, 
     campaign media, or fundraising adviser or consultant for the 
     candidate or committee or for any other entity directly or 
     indirectly controlled by the candidate or committee, or has 
     held a formal position with the candidate or committee 
     (including a position as an employee of the office of the 
     candidate at any time the candidate held any Federal, State, 
     or local public office during the 4-year period).
       ``(D) The person has retained the professional services of 
     any person who, during the 2-year period ending on the date 
     on which the person makes the payment, has provided or is 
     providing professional services relating to the campaign to 
     the candidate or committee, unless the person providing the 
     professional services used a firewall or similar procedure in 
     accordance with subsection (d). For purposes of this 
     subparagraph, the term `professional services' includes any 
     services in support of the candidate's or committee's 
     campaign activities, including advertising, message, 
     strategy, policy, polling, allocation of resources, 
     fundraising, and campaign operations, but does not include 
     accounting or legal services.
       ``(E) The person is established, directed, or managed by a 
     member of the immediate family of the candidate, or the 
     person or any officer or agent of the person has had more 
     than incidental discussions about the candidate's campaign 
     with a member of the immediate family of the candidate. For 
     purposes of this subparagraph, the term `immediate family' 
     has the meaning given such term in section 9004(e) of the 
     Internal Revenue Code of 1986.
       ``(d) Use of Firewall as Safe Harbor.--
       ``(1) No coordination if firewall applies.--A person shall 
     not be determined to have made a payment in cooperation, 
     consultation, or concert with, or at the request or 
     suggestion of, a candidate or committee in accordance with 
     this section if the person established and used a firewall or 
     similar procedure to restrict the sharing of information 
     between individuals who are employed by or who are serving as 
     agents for the person making the payment, but only if the 
     firewall or similar procedures meet the requirements of 
     paragraph (2).
       ``(2) Requirements described.--The requirements described 
     in this paragraph with respect to a firewall or similar 
     procedure are as follows:
       ``(A) The firewall or procedure is designed and implemented 
     to prohibit the flow of information between employees and 
     consultants providing services for the person paying for the 
     communication and those employees or consultants providing, 
     or who previously provided, services to a candidate who is 
     clearly identified in the communication or an authorized 
     committee of the candidate, the candidate's opponent or an 
     authorized committee of the candidate's opponent, or a 
     committee of a political party.

[[Page S4477]]

       ``(B) The firewall or procedure must be described in a 
     written policy that is distributed, signed, and dated by all 
     relevant employees, consultants, and clients subject to the 
     policy.
       ``(C) The policy must be preserved and retained by the 
     person for at least 5 years following any termination or 
     cessation of representation by employees, consultants, and 
     clients who are subject to the policy.
       ``(D) The policy must prohibit any employees, consultants, 
     and clients who are subject to the policy from attending 
     meetings, trainings, or other discussions where nonpublic 
     plans, projects, activities, or needs of candidates for 
     election for Federal office or political committees are 
     discussed.
       ``(E) The policy must prohibit each owner of an 
     organization, and each executive, manager, and supervisor 
     within an organization, from simultaneously overseeing the 
     work of employees and consultants who are subject to the 
     firewall or procedure.
       ``(F) The policy must place restrictions on internal and 
     external communications, including by establishing separate 
     emailing lists, for employees, consultants, and clients who 
     are subject to the firewall or procedure and those who are 
     not subject to the firewall or procedure.
       ``(G) The policy must require the person to establish 
     separate files, including electronic file folders--
       ``(i) for employees, consultants, and clients who are 
     subject to the firewall or procedure and to prohibit access 
     to such files by employees, consultants, and clients who are 
     not subject to the firewall or procedure; and
       ``(ii) for employees, consultants, and clients who are not 
     subject to the firewall or procedure and to prohibit access 
     to such files by employees, consultants, and clients who are 
     subject to the firewall or procedure.
       ``(H) The person must conduct a training on the applicable 
     requirements and obligations of this Act and the policy for 
     all employees, consultants, and clients.
       ``(3) Exception if information is shared regardless of 
     firewall.--A person who established and used a firewall or 
     similar procedure which meets the requirements of paragraph 
     (2) shall be determined to have made a payment in 
     cooperation, consultation, or concert with, or at the request 
     or suggestion of, a candidate or committee in accordance with 
     this section if specific information indicates that, 
     notwithstanding the establishment and use of the firewall or 
     similar procedure, information about the candidate's or 
     committee's campaign plans, projects, activities, or needs 
     that is material to the creation, production, or distribution 
     of the covered communication was used or conveyed to the 
     person paying for the communication.
       ``(4) Use as defense to enforcement action.--If, in a 
     procedure or action brought by the Commission under section 
     309, a person who is alleged to have committed a violation of 
     this Act which involves the making of a contribution which 
     consists of a payment for a coordinated expenditure raises 
     the use of a firewall or similar procedure as a defense, the 
     person shall provide the Commission with--
       ``(A) a copy of the signed and dated firewall or procedure 
     policy which applied to the person's employees, consultants, 
     or clients whose conduct is at issue in the procedure or 
     action; and
       ``(B) a sworn, written affidavit of the employees, 
     consultants, or clients who were subject to the policy that 
     the terms, conditions, and requirements of the policy were 
     met.
       ``(e) Covered Communication Defined.--
       ``(1) In general.--For purposes of this section, the term 
     `covered communication' means, with respect to a candidate or 
     an authorized committee of a candidate, a public 
     communication (as defined in section 301(22)) which--
       ``(A) expressly advocates the election of the candidate or 
     the defeat of an opponent of the candidate (or contains the 
     functional equivalent of express advocacy);
       ``(B) promotes or supports the election of the candidate, 
     or attacks or opposes the election of an opponent of the 
     candidate (regardless of whether the communication expressly 
     advocates the election or defeat of a candidate or contains 
     the functional equivalent of express advocacy); or
       ``(C) refers to the candidate or an opponent of the 
     candidate but is not described in subparagraph (A) or 
     subparagraph (B), but only if the communication is 
     disseminated during the applicable election period.
       ``(2) Applicable election period.--In paragraph (1)(C), the 
     `applicable election period' with respect to a communication 
     means--
       ``(A) in the case of a communication which refers to a 
     candidate in a general, special, or runoff election, the 120-
     day period which ends on the date of the election; or
       ``(B) in the case of a communication which refers to a 
     candidate in a primary or preference election, or convention 
     or caucus of a political party that has authority to nominate 
     a candidate, the 60-day period which ends on the date of the 
     election or convention or caucus.
       ``(3) Special rules for communications involving 
     congressional candidates.--For purposes of this subsection, a 
     public communication shall not be considered to be a covered 
     communication with respect to a candidate for election for an 
     office other than the office of President or Vice President 
     unless it is publicly disseminated or distributed in the 
     jurisdiction of the office the candidate is seeking.
       ``(f) Penalty.--
       ``(1) Determination of amount.--Any person who knowingly 
     and willfully commits a violation of this Act which involves 
     the making of a contribution which consists of a payment for 
     a coordinated expenditure shall be fined an amount equal to 
     the greater of--
       ``(A) in the case of a person who makes a contribution 
     which consists of a payment for a coordinated expenditure in 
     an amount exceeding the applicable contribution limit under 
     this Act, 300 percent of the amount by which the amount of 
     the payment made by the person exceeds such applicable 
     contribution limit; or
       ``(B) in the case of a person who is prohibited under this 
     Act from making a contribution in any amount, 300 percent of 
     the amount of the payment made by the person for the 
     coordinated expenditure.
       ``(2) Joint and several liability.--Any director, manager, 
     or officer of a person who is subject to a penalty under 
     paragraph (1) shall be jointly and severally liable for any 
     amount of such penalty that is not paid by the person prior 
     to the expiration of the 1-year period which begins on the 
     date the Commission imposes the penalty or the 1-year period 
     which begins on the date of the final judgment following any 
     judicial review of the Commission's action, whichever is 
     later.''.
       (c) Effective Date.--
       (1) Repeal of existing regulations on coordination.--
     Effective upon the expiration of the 90-day period which 
     begins on the date of the enactment of this Act--
       (A) the regulations on coordinated communications adopted 
     by the Federal Election Commission which are in effect on the 
     date of the enactment of this Act (as set forth under the 
     heading ``Coordination'' in subpart C of part 109 of title 
     11, Code of Federal Regulations) are repealed; and
       (B) the Federal Election Commission shall promulgate new 
     regulations on coordinated communications which reflect the 
     amendments made by this Act.
       (2) Effective date.--The amendments made by this section 
     shall apply with respect to payments made on or after the 
     expiration of the 120-day period which begins on the date of 
     the enactment of this Act, without regard to whether or not 
     the Federal Election Commission has promulgated regulations 
     in accordance with paragraph (1)(B) as of the expiration of 
     such period.

         Subtitle B--Restoring Integrity to America's Elections

     SEC. 7101. SHORT TITLE.

       This subtitle may be cited as the ``Restoring Integrity to 
     America's Elections Act''.

     SEC. 7102. REVISION TO ENFORCEMENT PROCESS.

       (a) Standard for Initiating Investigations and Determining 
     Whether Violations Have Occurred.--
       (1) Revision of standards.--Section 309(a) of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended 
     by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2)(A) The general counsel, upon receiving a complaint 
     filed with the Commission under paragraph (1) or upon the 
     basis of information ascertained by the Commission in the 
     normal course of carrying out its supervisory 
     responsibilities, shall make a determination as to whether or 
     not there is reason to believe that a person has committed, 
     or is about to commit, a violation of this Act or chapter 95 
     or chapter 96 of the Internal Revenue Code of 1986, and as to 
     whether or not the Commission should either initiate an 
     investigation of the matter or that the complaint should be 
     dismissed. The general counsel shall promptly provide 
     notification to the Commission of such determination and the 
     reasons therefore, together with any written response 
     submitted under paragraph (1) by the person alleged to have 
     committed the violation. Upon the expiration of the 30-day 
     period which begins on the date the general counsel provides 
     such notification, the general counsel's determination shall 
     take effect, unless during such 30-day period the Commission, 
     by vote of a majority of the members of the Commission who 
     are serving at the time, overrules the general counsel's 
     determination. If the determination by the general counsel 
     that the Commission should investigate the matter takes 
     effect, or if the determination by the general counsel that 
     the complaint should be dismissed is overruled as provided 
     under the previous sentence, the general counsel shall 
     initiate an investigation of the matter on behalf of the 
     Commission.
       ``(B) If the Commission initiates an investigation pursuant 
     to subparagraph (A), the Commission, through the Chair, shall 
     notify the subject of the investigation of the alleged 
     violation. Such notification shall set forth the factual 
     basis for such alleged violation. The Commission shall make 
     an investigation of such alleged violation, which may include 
     a field investigation or audit, in accordance with the 
     provisions of this section. The general counsel shall provide 
     notification to the Commission of any intent to issue a 
     subpoena or conduct any other form of discovery pursuant to 
     the investigation. Upon the expiration of the 15-day period 
     which begins on the date the general counsel provides such 
     notification, the general counsel may issue the subpoena or 
     conduct the discovery, unless during such 15-day period the 
     Commission, by vote of a majority of the members of the 
     Commission who are serving at the time, prohibits the general 
     counsel from issuing the subpoena or conducting the 
     discovery.

[[Page S4478]]

       ``(3)(A) Upon completion of an investigation under 
     paragraph (2), the general counsel shall make a determination 
     as to whether or not there is probable cause to believe that 
     a person has committed, or is about to commit, a violation of 
     this Act or chapter 95 or chapter 96 of the Internal Revenue 
     Code of 1986, and shall promptly submit such determination to 
     the Commission, and shall include with the determination a 
     brief stating the position of the general counsel on the 
     legal and factual issues of the case.
       ``(B) At the time the general counsel submits to the 
     Commission the determination under subparagraph (A), the 
     general counsel shall simultaneously notify the respondent of 
     such determination and the reasons therefore, shall provide 
     the respondent with an opportunity to submit a brief within 
     30 days stating the position of the respondent on the legal 
     and factual issues of the case and replying to the brief of 
     the general counsel. The general counsel shall promptly 
     submit such brief to the Commission upon receipt.
       ``(C) Upon the expiration of the 30-day period which begins 
     on the date the general counsel submits the determination to 
     the Commission under subparagraph (A) (or, if the respondent 
     submits a brief under subparagraph (B), upon the expiration 
     of the 30-day period which begins on the date the general 
     counsel submits the respondent's brief to the Commission 
     under such subparagraph), the general counsel's determination 
     shall take effect, unless during such 30-day period the 
     Commission, by vote of a majority of the members of the 
     Commission who are serving at the time, overrules the general 
     counsel's determination. If the determination by the general 
     counsel that there is probable cause to believe that a person 
     has committed, or is about to commit, a violation of this Act 
     or chapter 95 or chapter 96 of the Internal Revenue Code of 
     1986, or if the determination by the general counsel that 
     there is not probable cause that a person has committed or is 
     about to commit such a violation is overruled as provided 
     under the previous sentence, for purposes of this subsection, 
     the Commission shall be deemed to have determined that there 
     is probable cause that the person has committed or is about 
     to commit such a violation.''.
       (2) Conforming amendment relating to initial response to 
     filing of complaint.--Section 309(a)(1) of such Act (52 
     U.S.C. 30109(a)(1)) is amended--
       (A) in the third sentence, by striking ``the Commission'' 
     and inserting ``the general counsel''; and
       (B) by amending the fourth sentence to read as follows: 
     ``Not later than 15 days after receiving notice from the 
     general counsel under the previous sentence, the person may 
     provide the general counsel with a written response that no 
     action should be taken against such person on the basis of 
     the complaint.''.
       (b) Revision of Standard for Review of Dismissal of 
     Complaints.--
       (1) In general.--Section 309(a)(8) of such Act (52 U.S.C. 
     30109(a)(8)) is amended to read as follows:
       ``(8)(A)(i) Any party aggrieved by an order of the 
     Commission dismissing a complaint filed by such party may 
     file a petition with the United States District Court for the 
     District of Columbia. Any petition under this subparagraph 
     shall be filed within 60 days after the date on which the 
     party received notice of the dismissal of the complaint.
       ``(ii) In any proceeding under this subparagraph, the court 
     shall determine by de novo review whether the agency's 
     dismissal of the complaint is contrary to law. In any matter 
     in which the penalty for the alleged violation is greater 
     than $50,000, the court should disregard any claim or defense 
     by the Commission of prosecutorial discretion as a basis for 
     dismissing the complaint.
       ``(B)(i) Any party who has filed a complaint with the 
     Commission and who is aggrieved by a failure of the 
     Commission, within one year after the filing of the 
     complaint, to act on such complaint, may file a petition with 
     the United States District Court for the District of 
     Columbia.
       ``(ii) In any proceeding under this subparagraph, the court 
     shall determine by de novo review whether the agency's 
     failure to act on the complaint is contrary to law.
       ``(C) In any proceeding under this paragraph the court may 
     declare that the dismissal of the complaint or the failure to 
     act is contrary to law, and may direct the Commission to 
     conform with such declaration within 30 days, failing which 
     the complainant may bring, in the name of such complainant, a 
     civil action to remedy the violation involved in the original 
     complaint.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply--
       (A) in the case of complaints which are dismissed by the 
     Federal Election Commission, with respect to complaints which 
     are dismissed on or after the date of the enactment of this 
     Act; and
       (B) in the case of complaints upon which the Federal 
     Election Commission failed to act, with respect to complaints 
     which were filed on or after the date of the enactment of 
     this Act.
       (c) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Election Commission 
     shall promulgate new regulations on the enforcement process 
     under section 309 of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30109) to take into account the amendments 
     made by this section.

     SEC. 7103. OFFICIAL EXERCISING THE RESPONSIBILITIES OF THE 
                   GENERAL COUNSEL.

       Section 306(f)(1) of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30106(f)(1)) is amended by adding at the end 
     the following new sentence: ``In the event of a vacancy in 
     the position of the General Counsel, the most senior attorney 
     employed within the Office of the General Counsel at the time 
     the vacancy arises shall exercise all the responsibilities of 
     the General Counsel until the vacancy is filled.''.

     SEC. 7104. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR 
                   ADVISORY OPINIONS BY PERSONS OPPOSING THE 
                   REQUESTS.

       (a) In General.--Section 308 of such Act (52 U.S.C. 30108) 
     is amended by adding at the end the following new subsection:
       ``(e) To the extent that the Commission provides an 
     opportunity for a person requesting an advisory opinion under 
     this section (or counsel for such person) to appear before 
     the Commission to present testimony in support of the 
     request, and the person (or counsel) accepts such 
     opportunity, the Commission shall provide a reasonable 
     opportunity for an interested party who submitted written 
     comments under subsection (d) in response to the request (or 
     counsel for such interested party) to appear before the 
     Commission to present testimony in response to the 
     request.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to requests for advisory opinions 
     under section 308 of the Federal Election Campaign Act of 
     1971 which are made on or after the date of the enactment of 
     this Act.

     SEC. 7105. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY 
                   AUTHORITY.

       Section 309(a)(4)(C)(v) of the Federal Election Campaign 
     Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by 
     striking ``, and that end on or before December 31, 2033''.

     SEC. 7106. RESTRICTIONS ON EX PARTE COMMUNICATIONS.

       Section 306(e) of the Federal Election Campaign Act of 1971 
     (52 U.S.C. 30106(e)) is amended--
       (1) by striking ``(e) The Commission'' and inserting 
     ``(e)(1) The Commission''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Members and employees of the Commission shall be 
     subject to limitations on ex parte communications, as 
     provided in the regulations promulgated by the Commission 
     regarding such communications which are in effect on the date 
     of the enactment of this paragraph.''.

     SEC. 7107. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT 
                   FEC IN SUPREME COURT.

       (a) Clarifying Authority.--Section 306(f)(4) of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is 
     amended by striking ``any action instituted under this Act, 
     either (A) by attorneys'' and inserting ``any action 
     instituted under this Act, including an action before the 
     Supreme Court of the United States, either (A) by the General 
     Counsel of the Commission and other attorneys''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to actions instituted before, on, or 
     after the date of the enactment of this Act.

     SEC. 7108. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.

       (a) Requirement.--Section 311(a)(1) of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by 
     striking the semicolon at the end and inserting the 
     following: ``, and shall ensure that all such forms 
     (including forms in an electronic format) permit the person 
     using the form to include an accent mark as part of the 
     person's identification;''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect upon the expiration of the 90-day period 
     which begins on the date of the enactment of this Act.

     SEC. 7109. EXTENSION OF THE STATUTES OF LIMITATIONS FOR 
                   OFFENSES UNDER THE FEDERAL ELECTION CAMPAIGN 
                   ACT OF 1971.

       (a) Civil Offenses.--Section 309(a) of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by 
     inserting after paragraph (9) the following new paragraph:
       ``(10) No person shall be subject to a civil penalty under 
     this subsection with respect to a violation of this Act 
     unless a complaint is filed with the Commission with respect 
     to the violation under paragraph (1), or the Commission 
     responds to information with respect to the violation which 
     is ascertained in the normal course of carrying out its 
     supervisory responsibilities under paragraph (2), not later 
     than 10 years after the date on which the violation 
     occurred.''.
       (b) Criminal Offenses.--Section 406(a) of such Act (52 
     U.S.C. 30145(a)) is amended by striking ``5 years'' and 
     inserting ``10 years''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to violations occurring on or after 
     the date of enactment of this Act.

     SEC. 7110. EFFECTIVE DATE; TRANSITION.

       (a) In General.--Except as otherwise provided, this 
     subtitle and the amendments made by this subtitle shall take 
     effect and apply on the date of the enactment of this Act, 
     without regard to whether or not the Federal Election 
     Commission has promulgated regulations to carry out this 
     subtitle and the amendments made by this subtitle.
       (b) Transition.--
       (1) No effect on existing cases or proceedings.--Nothing in 
     this subtitle or in any amendment made by this subtitle shall 
     affect any of the powers exercised by the Federal Election 
     Commission prior to the date

[[Page S4479]]

     of the enactment of this Act, including any investigation 
     initiated by the Commission prior to such date or any 
     proceeding (including any enforcement action) pending as of 
     such date.
       (2) Treatment of certain complaints.--If, as of the date of 
     the enactment of this Act, the General Counsel of the Federal 
     Election Commission has not made any recommendation to the 
     Commission under section 309(a) of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30109) with respect to a 
     complaint filed prior to the date of the enactment of this 
     Act, this subtitle and the amendments made by this subtitle 
     shall apply with respect to the complaint in the same manner 
     as this subtitle and the amendments made by this subtitle 
     apply with respect to a complaint filed on or after the date 
     of the enactment of this Act.

                    TITLE VIII--CITIZEN EMPOWERMENT

                Subtitle A--Funding to Promote Democracy

               PART 1--PAYMENTS AND ALLOCATIONS TO STATES

     SEC. 8001. DEMOCRACY ADVANCEMENT AND INNOVATION PROGRAM.

       (a) Establishment.--There is established a program to be 
     known as the ``Democracy Advancement and Innovation Program'' 
     under which the Director of the Office of Democracy 
     Advancement and Innovation shall make allocations to each 
     State for each fiscal year to carry out democracy promotion 
     activities described in subsection (b).
       (b) Democracy Promotion Activities Described.--The 
     democracy promotion activities described in this subsection 
     are as follows:
       (1) Activities to promote innovation to improve efficiency 
     and smooth functioning in the administration of elections for 
     Federal office and to secure the infrastructure used in the 
     administration of such elections, including making upgrades 
     to voting equipment and voter registration systems, securing 
     voting locations, expanding polling places and the 
     availability of early and mail voting, recruiting and 
     training nonpartisan election officials, and promoting 
     cybersecurity.
       (2) Activities to ensure equitable access to democracy, 
     including the following:
       (A) Enabling candidates who seek office in the State to 
     receive payments as participating candidates under title V of 
     the Federal Election Campaign Act of 1971 (as added by 
     subtitle B), but only if the State will enable candidates to 
     receive such payments during an entire election cycle.
       (B) Operating a Democracy Credit Program under part 1 of 
     subtitle B, but only if the State will operate the program 
     during an entire election cycle.
       (C) Other activities to ensure equitable access to 
     democracy, including administering a ranked-choice voting 
     system and carrying out Congressional redistricting through 
     independent commissions.
       (3) Activities to increase access to voting in elections 
     for Federal office by underserved communities, individuals 
     with disabilities, racial and language minority groups, 
     individuals entitled to vote by absentee ballot under the 
     Uniformed and Overseas Citizens Absentee Voting Act, and 
     voters residing in Indian lands.
       (c) Permitting States to Retain and Reserve Allocations for 
     Future Use.--A State may retain and reserve an allocation 
     received for a fiscal year to carry out democracy promotion 
     activities in any subsequent fiscal year.
       (d) Requiring Submission and Approval of State Plan.--
       (1) In general.--A State shall receive an allocation under 
     the Program for a fiscal year if--
       (A) not later than 90 days before the first day of the 
     fiscal year, the chief State election official of the State 
     submits to the Director the State plan described in section 
     8002; and
       (B) not later than 45 days before the first day of the 
     fiscal year, the Director, in consultation with the Election 
     Assistance Commission and the Federal Election Commission as 
     described in paragraph (3), determines that the State plan 
     will enable the State to carry out democracy promotion 
     activities and approves the plan.
       (2) Submission and approval of revised plan.--If the 
     Director does not approve the State plan as submitted by the 
     State under paragraph (1) with respect to a fiscal year, the 
     State shall receive a payment under the Program for the 
     fiscal year if, at any time prior to the end of the fiscal 
     year--
       (A) the chief State election official of the State submits 
     a revised version of the State plan; and
       (B) the Director, in consultation with the Election 
     Assistance Commission and the Federal Election Commission as 
     described in paragraph (3), determines that the revised 
     version of the State plan will enable the State to carry out 
     democracy promotion activities and approves the plan.
       (3) Election assistance commission and federal election 
     commission consultation.--With respect to a State plan 
     submitted under paragraph (1) or a revised plan submitted 
     under paragraph (2)--
       (A) the Director shall, prior to making a determination on 
     approval of the plan, consult with the Election Assistance 
     Commission with respect to the proposed State activities 
     described in subsection (b)(1) and with the Federal Election 
     Commission with respect to the proposed State activities 
     described in subsection (b)(2)(A) and (b)(2)(B); and
       (B) the Election Assistance Commission and the Federal 
     Election Commission shall submit to the Director a written 
     assessment with respect to whether the proposed activities of 
     the plan satisfy the requirements of this Act.
       (4) Consultation with legislature.--The chief State 
     election official of the State shall develop the State plan 
     submitted under paragraph (1) and the revised plan submitted 
     under paragraph (2) in consultation with the majority party 
     and minority party leaders of each house of the State 
     legislature.
       (e) State Report on Use of Allocations.--Not later than 90 
     days after the last day of a fiscal year for which an 
     allocation was made to the State under the Program, the chief 
     State election official of the State shall submit a report to 
     the Director describing how the State used the allocation, 
     including a description of the democracy promotion activities 
     the State carried out with the allocation.
       (f) Public Availability of Information.--
       (1) Publicly available website.--The Director shall make 
     available on a publicly accessible website the following:
       (A) State plans submitted under paragraph (1) of subsection 
     (d) and revised plans submitted under paragraph (2) of 
     subsection (d).
       (B) The Director's notifications of determinations with 
     respect to such plans under subsection (d).
       (C) Reports submitted by States under subsection (e).
       (2) Redaction.-- The Director may redact information 
     required to be made available under paragraph (1) if the 
     information would be properly withheld from disclosure under 
     section 552 of title 5, United States Code, or if the public 
     disclosure of the information is otherwise prohibited by law.
       (g) Effective Date.--This section shall apply with respect 
     to fiscal year 2027 and each succeeding fiscal year.

     SEC. 8002. STATE PLAN.

       (a) Contents.--A State plan under this section with respect 
     to a State is a plan containing each of the following:
       (1) A description of the democracy promotion activities the 
     State will carry out with the payment made under the Program.
       (2) A statement of whether or not the State intends to 
     retain and reserve the payment for future democracy promotion 
     activities.
       (3) A description of how the State intends to allocate 
     funds to carry out the proposed activities, which shall 
     include the amount the State intends to allocate to each such 
     activity, including (if applicable) a specific allocation 
     for--
       (A) activities described in subsection 8001(b)(1) (relating 
     to election administration);
       (B) activities described in section 8001(b)(2)(A) (relating 
     to payments to participating candidates in the State under 
     title V of the Federal Election Campaign Act of 1971), 
     together with the information required under subsection (c);
       (C) activities described in section 8001(b)(2)(B) (relating 
     to the operation of a Democracy Credit Program under part 1 
     of subtitle B);
       (D) activities described in section 8001(b)(2)(C) (relating 
     to other activities to ensure equitable access to democracy); 
     and
       (E) activities described in section 8001(b)(3) (relating to 
     activities to increase access to voting in elections for 
     Federal office by certain communities).
       (4) A description of how the State will establish the fund 
     described in subsection (b) for purposes of administering the 
     democracy promotion activities which the State will carry out 
     with the payment, including information on fund management.
       (5) A description of the State-based administrative 
     complaint procedures established for purposes of section 
     8003(b).
       (6) A statement regarding whether the proposed activities 
     to be funded are permitted under State law, or whether the 
     official intends to seek legal authorization for such 
     activities.
       (b) Requirements for Fund.--
       (1) Fund described.--For purposes of subsection (a)(4), a 
     fund described in this subsection with respect to a State is 
     a fund which is established in the treasury of the State 
     government, which is used in accordance with paragraph (2), 
     and which consists of the following amounts:
       (A) Amounts appropriated or otherwise made available by the 
     State for carrying out the democracy promotion activities for 
     which the payment is made to the State under the Program.
       (B) The payment made to the State under the Program.
       (C) Such other amounts as may be appropriated under law.
       (D) Interest earned on deposits of the fund.
       (2) Use of fund.--Amounts in the fund shall be used by the 
     State exclusively to carry out democracy promotion activities 
     for which the payment is made to the State under the Program.
       (3) Treatment of states that require changes to state 
     law.--In the case of a State that requires State legislation 
     to establish the fund described in this subsection, the 
     Director shall defer disbursement of the payment to such 
     State under the Program until such time as legislation 
     establishing the fund is enacted.
       (c) Specific Information on Use of Funds to Enable 
     Candidates to Participate in Matching Funds Program.--If the 
     State

[[Page S4480]]

     plan under this section includes an allocation for activities 
     described in section 8001(b)(2)(A) (relating to payments to 
     participating candidates in the State under title V of the 
     Federal Election Campaign Act of 1971), the State shall 
     include in the plan specific information on how the amount of 
     the allocation will enable the State to provide for the 
     viable participation of candidates in the State under such 
     title, including the assumptions made by the State in 
     determining the amount of the allocation.

     SEC. 8003. PROHIBITING REDUCTION IN ACCESS TO PARTICIPATION 
                   IN ELECTIONS.

       (a) Prohibiting Use of Payments.--A State may not use a 
     payment made under the Program to carry out any activity 
     which has the purpose or effect of diminishing the ability of 
     any citizen of the United States to participate in the 
     electoral process.
       (b) State-based Administrative Complaint Procedures.--
       (1) Establishment.--A State receiving a payment under the 
     Program shall establish uniform and nondiscriminatory State-
     based administrative complaint procedures under which any 
     person who believes that a violation of subsection (a) has 
     occurred, is occurring, or is about to occur may file a 
     complaint.
       (2) Notification to director.--The State shall transmit to 
     the Director a description of each complaint filed under the 
     procedures, together with--
       (A) if the State provides a remedy with respect to the 
     complaint, a description of the remedy; or
       (B) if the State dismisses the complaint, a statement of 
     the reasons for the dismissal.
       (3) Review by director.--
       (A) Request for review.--Any person who is dissatisfied 
     with the final decision under a State-based administrative 
     complaint procedure under this subsection may, not later than 
     60 days after the decision is made, file a request with the 
     Director to review the decision.
       (B) Action by director.--Upon receiving a request under 
     subparagraph (A), the Director shall review the decision and, 
     in accordance with such procedures as the Director may 
     establish, including procedures to provide notice and an 
     opportunity for a hearing, may uphold the decision or reverse 
     the decision and provide an appropriate remedy.
       (C) Public availability of material.--The Director shall 
     make available on a publicly accessible website all material 
     relating to a request for review and determination by the 
     Director under this paragraph, shall be made available on a 
     publicly accessible website, except that the Director may 
     redact material required to be made available under this 
     subparagraph if the material would be properly withheld from 
     disclosure under section 552 of title 5, United States Code, 
     or if the public disclosure of the material is otherwise 
     prohibited by law.
       (4) Right to petition for review.--
       (A) In general.--Any person aggrieved by an action of the 
     Director under subparagraph (B) of paragraph (3) may file a 
     petition with the United States District Court for the 
     District of Columbia.
       (B) Deadline to file petition.--Any petition under this 
     subparagraph shall be filed not later than 60 days after the 
     date of the action taken by the Director under subparagraph 
     (B) of paragraph (3).
       (C) Standard of review.--In any proceeding under this 
     paragraph, the court shall determine whether the action of 
     the Director was arbitrary, capricious, an abuse of 
     discretion, or otherwise not in accordance with law under 
     section 706 of title 5, United States Code, and may direct 
     the Office to conform with any such determination within 30 
     days.
       (c) Action by Attorney General for Declaratory and 
     Injunctive Relief.--The Attorney General may bring a civil 
     action against any State in an appropriate United States 
     District Court for such declaratory and injunctive relief 
     (including a temporary restraining order, a permanent or 
     temporary injunction, or other order) as may be necessary to 
     enforce subsection (a).

     SEC. 8004. AMOUNT OF STATE ALLOCATION.

       (a) State-specific Amount.--The amount of the allocation 
     made to a State under the Program for a fiscal year shall be 
     equal to the product of--
       (1) the Congressional district allocation amount 
     (determined under subsection (b)); and
       (2) the number of Congressional districts in the State for 
     the next regularly scheduled general election for Federal 
     office held in the State.
       (b) Congressional District Allocation Amount.--For purposes 
     of subsection (a), the ``Congressional district allocation 
     amount'' with respect to a fiscal year is equal to the 
     quotient of--
       (1) the aggregate amount available for allocations to 
     States under the Program for the fiscal year, as determined 
     by the Director under subsection (c); divided by
       (2) the total number of Congressional districts in all 
     States.
       (c) Determination of Aggregate Amount Available for 
     Allocations; Notification to States.--Not later than 120 days 
     before the first day of each fiscal year, the Director--
       (1) shall, in accordance with section 8012, determine and 
     establish the aggregate amount available for allocations to 
     States under the Program for the fiscal year; and
       (2) shall notify each State of the amount of the State's 
     allocation under the Program for the fiscal year.
       (d) Source of Payments.--The amounts used to make 
     allocations and payments under the Program shall be derived 
     solely from the Trust Fund.

     SEC. 8005. PROCEDURES FOR DISBURSEMENTS OF PAYMENTS AND 
                   ALLOCATIONS.

       (a) Direct Payments to States for Certain Activities Under 
     State Plan.--
       (1) Direct payment.--If the approved State plan of a State 
     includes activities for which allocations are not made under 
     subsections (b), (c), or (d), upon approving the State plan 
     under section 8002, the Director shall direct the Secretary 
     of the Treasury to disburse amounts from the Trust Fund for 
     payment to the State in the aggregate amount provided under 
     the plan for such activities.
       (2) Timing.--As soon as practicable after the Director 
     directs the Secretary of the Treasury to disburse amounts for 
     payment to a State under paragraph (1), the Secretary of the 
     Treasury shall make the payment to the State under such 
     paragraph.
       (3) Continuing availability of funds after appropriation.--
     A payment made to a State under this subsection shall be 
     available without fiscal year limitation.
       (b) Allocation to Election Assistance Commission for 
     Payments to States for Certain Election Administration 
     Activities.--
       (1) Allocation.--If the approved State plan of a State 
     includes activities described in section 8001(b)(1), upon 
     approving the State plan under section 8002, the Director 
     shall direct the Secretary of the Treasury to allocate to the 
     Election Assistance Commission the amount provided for such 
     activities under the plan.
       (2) Payment to state.--As soon as practicable after 
     receiving an allocation under paragraph (1) with respect to a 
     State, the Election Assistance Commission shall make a 
     payment to the State in the amount of the State's allocation.
       (3) Continuing availability of funds after appropriation.--
     A payment made to a State by the Election Assistance 
     Commission under this subsection shall be available without 
     fiscal year limitation.
       (c) Allocation to Federal Election Commission for Payments 
     to Participating Candidates From State.--If the approved 
     State plan of a State includes activities described in 
     section 8001(b)(2)(A), relating to payments to participating 
     candidates in the State under title V of the Federal Election 
     Campaign Act of 1971, upon approving the State plan under 
     section 8002, the Director shall direct the Secretary of the 
     Treasury to allocate to the Federal Election Commission the 
     amount provided for such activities under the plan.
       (d) Allocation to Federal Election Commission for Payments 
     for Democracy Credit Program.--If the approved State plan of 
     a State includes activities described in section 
     8001(b)(2)(B), relating to payments to the State for the 
     operation of a Democracy Credit Program under part 1 of 
     subtitle B, upon approving the State plan under section 8002, 
     the Director shall direct the Secretary of the Treasury to 
     allocate to the Federal Election Commission the amount 
     provided for such activities under the plan.
       (e) Certain Payments Made Directly to Local Election 
     Administrators.--Under rules established by the Director not 
     later than 270 days after the date of the enactment of this 
     Act, portions of amounts disbursed to States by the Secretary 
     of the Treasury under subsection (a) and payments made to 
     States by the Election Assistance Commission under subsection 
     (b) may be provided directly to local election administrators 
     carrying out activities in the State plan which may be 
     carried out with such amounts and payments.

     SEC. 8006. OFFICE OF DEMOCRACY ADVANCEMENT AND INNOVATION.

       (a) Establishment.--There is established as an independent 
     establishment in the executive branch the Office of Democracy 
     Advancement and Innovation.
       (b) Director.--
       (1) In general.--The Office shall be headed by a Director, 
     who shall be appointed by the President with the advice and 
     consent of the Senate.
       (2) Term of service.--The Director shall serve for a term 
     of 6 years and may be reappointed to an additional term, and 
     may continue serving as Director until a replacement is 
     appointed. A vacancy in the position of Director shall be 
     filled in the same manner as the original appointment.
       (3) Compensation.--The Director shall be paid at an annual 
     rate of pay equal to the annual rate in effect for level II 
     of the Executive Schedule.
       (4) Removal.--The Director may be removed from office by 
     the President. If the President removes the Director, the 
     President shall communicate in writing the reasons for the 
     removal to both Houses of Congress not later than 30 days 
     beforehand. Nothing in this paragraph shall be construed to 
     prohibit a personnel action otherwise authorized by law.
       (c) General Counsel and Other Staff.--
       (1) General counsel.--The Director shall appoint a general 
     counsel who shall be paid at an annual rate of pay equal to 
     the annual rate in effect for level III of the Executive 
     Schedule. In the event of a vacancy in the position of the 
     Director, the General Counsel shall exercise all the 
     responsibilities of the Director until such vacancy is 
     filled.
       (2) Senior staff.--The Director may appoint and fix the pay 
     of staff designated as Senior staff, such as a Deputy 
     Director, who

[[Page S4481]]

     may be paid at an annual rate of pay equal to the annual rate 
     in effect for level IV of the Executive Schedule.
       (3) Other staff.--In addition to the General Counsel and 
     Senior staff, the Director may appoint and fix the pay of 
     such other staff as the Director considers necessary to carry 
     out the duties of the Office, except that no such staff may 
     be compensated at an annual rate exceeding the daily 
     equivalent of the annual rate of basic pay in effect for 
     grade GS-15 of the General Schedule.
       (d) Duties.--The duties of the Office are as follows:
       (1) Administration of program.--The Director shall 
     administer the Program, in consultation with the Election 
     Assistance Commission and the Federal Election Commission, 
     including by holding quarterly meetings of representatives 
     from such Commissions.
       (2) Oversight of trust fund.--The Director shall oversee 
     the operation of the Trust Fund and monitor its balances, in 
     consultation with the Secretary of the Treasury. The Director 
     may hold funds in reserve to cover the expenses of the Office 
     and to preserve the solvency of the Trust Fund.
       (3) Reports.--Not later than 180 days after the date of the 
     regularly scheduled general election for Federal office held 
     in 2028 and each succeeding regularly scheduled general 
     election for Federal office thereafter, the Director shall 
     submit to the Committee on House Administration of the House 
     of Representatives and the Committee on Rules and 
     Administration of the Senate a report on the activities 
     carried out under the Program and the amounts deposited into 
     and paid from the Trust Fund during the two most recent 
     fiscal years.
       (e) Coverage Under Inspector General Act of 1978 for 
     Conducting Audits and Investigations.--
       (1) In general.--Section 415(a)(1)(A) of title 5, United 
     States Code, is amended by inserting ``the Office of 
     Democracy Advancement and Innovation,'' after ``Election 
     Assistance Commission,''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 180 days after the appointment of the 
     Director.
       (f) Coverage Under Hatch Act.--Clause (i) of section 
     7323(b)(2)(B) of title 5, United States Code, is amended--
       (1) by striking ``or'' at the end of subclause (XIII); and
       (2) by adding at the end the following new subclause:
       ``(XV) the Office of Democracy Advancement and Innovation; 
     or''.
       (g) Regulations.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 270 days after the date of enactment of this Act, 
     the Director shall promulgate such rules and regulations as 
     the Director considers necessary and appropriate to carry out 
     the duties of the Office under this Act and the amendments 
     made by this Act.
       (2) State plan submission and approval and distribution of 
     funds.--Not later than 90 days after the date of the 
     enactment of this Act, the Director shall promulgate such 
     rules and regulations as the Director considers necessary and 
     appropriate to carry out the requirements of this part and 
     the amendments made by this part.
       (3) Comments by the election assistance commission and the 
     federal election commission.--The Election Assistance 
     Commission and the Federal Election Assistance shall timely 
     submit comments with respect to any proposed regulations 
     promulgated by the Director under this subsection.
       (h) Interim Authority Pending Appointment and Confirmation 
     of Director.--
       (1) Authority of director of office of management and 
     budget.--Notwithstanding subsection (b), during the 
     transition period, the Director of the Office of Management 
     and Budget is authorized to perform the functions of the 
     Office under this title, and shall act for all purposes as, 
     and with the full powers of, the Director.
       (2) Interim administrative services.--
       (A) Authority of office of management and budget.--During 
     the transition period, the Director of the Office of 
     Management and Budget may provide administrative services 
     necessary to support the Office.
       (B) Termination of authority; permitting extension.--The 
     Director of the Office of Management and Budget shall cease 
     providing interim administrative services under this 
     paragraph upon the expiration of the transition period, 
     except that the Director of the Office of Management and 
     Budget may continue to provide such services after the 
     expiration of the transition period if the Director and the 
     Director of the Office of Management and Budget jointly 
     transmit to the Committee on House Administration of the 
     House of Representatives and the Committee on Rules and 
     Administration of the Senate--
       (i) a written determination that an orderly implementation 
     of this title is not feasible by the expiration of the 
     transition period;
       (ii) an explanation of why an extension is necessary for 
     the orderly implementation of this title;
       (iii) a description of the period during which the Director 
     of the Office of Management and Budget shall continue 
     providing services under the authority of this subparagraph; 
     and
       (iv) a description of the steps that will be taken to 
     ensure an orderly and timely implementation of this title 
     during the period described in clause (iii).
       (3) Transition period defined.--In this subsection, the 
     ``transition period'' is the period which begins on the date 
     of the enactment of this Act and ends on the date on which 
     the Director is appointed and confirmed.
       (4) Limit on length of period of interim authorities.--
     Notwithstanding any other provision of this subsection, the 
     Director of the Office of Management and Budget may not 
     exercise any authority under this subsection after the 
     expiration of the 24-month period which begins on the date of 
     the enactment of this Act.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated from the Trust Fund such sums as may be 
     necessary to carry out the activities of the Office for 
     fiscal year 2027 and each succeeding fiscal year.

      PART 2--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND

     SEC. 8011. STATE ELECTION ASSISTANCE AND INNOVATION TRUST 
                   FUND.

       (a) Establishment.--There is established in the Treasury a 
     fund to be known as the ``State Election Assistance and 
     Innovation Trust Fund''.
       (b) Sense of the Senate Regarding Funding.--It is the sense 
     of the Senate that--
       (1) no taxpayer funds should be used in funding this title; 
     and
       (2) the Trust Fund should consist of--
       (A) assessments against certain fines, penalties, and 
     settlements as a result of corporate malfeasance; and
       (B) any gifts or bequests for deposit into the Trust Fund.

     SEC. 8012. USES OF FUND.

       (a) Payments and Allocations Described.--For each fiscal 
     year, amounts in the Fund shall be used as follows:
       (1) Payments to States under the Program, as described in 
     section 8005(a).
       (2) Allocations to the Election Assistance Commission, to 
     be used for payments for certain election administration 
     activities, as described in section 8005(b).
       (3) Allocations to the Federal Election Commission, to be 
     used for payments to participating candidates under title V 
     of the Federal Election Campaign Act of 1971, as described in 
     section 8005(c).
       (4) Allocations to the Federal Election Commission, to be 
     used for payments to States operating a Democracy Credit 
     Program under part 1 of subtitle B, as described in section 
     8005(d).
       (b) Determination of Aggregate Amount of State 
     Allocations.--The Director shall determine and establish the 
     aggregate amount of State allocations for each fiscal year, 
     taking into account the anticipated balances of the Trust 
     Fund. In carrying out this subsection, the Director shall 
     consult with the Federal Election Commission and the Election 
     Assistance Commission, but shall be solely responsible for 
     making the final determinations under this subsection.

                       PART 3--GENERAL PROVISIONS

     SEC. 8021. DEFINITIONS.

       In this subtitle, the following definitions apply:
       (1) The term ``chief State election official'' has the 
     meaning given such term in section 253(e) of the Help America 
     Vote Act of 2002 (52 U.S.C. 21003(e)).
       (2) The term ``Director'' means the Director of the Office.
       (3) The term ``election cycle'' means the period beginning 
     on the day after the date of the most recent regularly 
     scheduled general election for Federal office and ending on 
     the date of the next regularly scheduled general election for 
     Federal office.
       (4) The term ``Indian lands'' includes--
       (A) Indian country, as defined under section 1151 of title 
     18, United States Code;
       (B) any land in Alaska owned, pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian 
     Tribe that is a Native village (as defined in section 3 of 
     that Act (43 U.S.C. 1602)) or by a Village Corporation that 
     is associated with an Indian Tribe (as defined in section 3 
     of that Act (43 U.S.C. 1602));
       (C) any land on which the seat of the Tribal government is 
     located; and
       (D) any land that is part or all of a Tribal designated 
     statistical area associated with an Indian Tribe, or is part 
     or all of an Alaska Native village statistical area 
     associated with an Indian Tribe, as defined by the Census 
     Bureau for the purposes of the most recent decennial census.
       (5) The term ``Office'' means the Office of Democracy 
     Advancement and Innovation established under section 8005.
       (6) The term ``Program'' means the Democracy Advancement 
     and Innovation Program established under section 8001.
       (7) The term ``State'' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, American Samoa, the United States Virgin Islands, and 
     the Commonwealth of the Northern Mariana Islands.
       (8) The term ``Trust Fund'' means the State Election 
     Assistance and Innovation Trust Fund established under 
     section 8011.

     SEC. 8022. RULE OF CONSTRUCTION REGARDING CALCULATION OF 
                   DEADLINES.

       (a) In General.--With respect to the calculation of any 
     period of time for the purposes of a deadline in this 
     subtitle, the last day of the period shall be included in 
     such calculation, unless such day is a Saturday, a Sunday, or 
     a legal public holiday, in which case the period of such 
     deadline shall be extended until the end of the next day 
     which is not a Saturday, a Sunday, a legal public holiday.

[[Page S4482]]

       (b) Legal Public Holiday Defined.--For the purposes of this 
     section, the term ``legal public holiday'' means a day 
     described in section 6103(a) of title 5, United States Code.

           Subtitle B--Elections for House of Representatives

     SEC. 8101. SHORT TITLE.

       This subtitle may be cited as the ``Government By the 
     People Act of 2024''.

               PART 1--OPTIONAL DEMOCRACY CREDIT PROGRAM

     SEC. 8102. ESTABLISHMENT OF PROGRAM.

       (a) Establishment.--The Federal Election Commission 
     (hereafter in this part referred to as the ``Commission'') 
     shall establish a program under which the Commission shall 
     make payments to States to operate a credit program which is 
     described in section 8103 during an election cycle.
       (b) Requirements for Program.--A State is eligible to 
     operate a credit program under this part with respect to an 
     election cycle if, not later than 120 days before the cycle 
     begins, the State submits to the Commission a statement 
     containing--
       (1) information and assurances that the State will operate 
     a credit program which contains the elements described in 
     section 8103(a);
       (2) information and assurances that the State will 
     establish fraud prevention mechanisms described in section 
     8103(b);
       (3) information and assurances that the State will 
     establish a commission to oversee and implement the program 
     as described in section 8103(c);
       (4) information and assurances that the State will carry 
     out a public information campaign as described in section 
     8103(d);
       (5) information and assurances that the State will submit 
     reports as required under section 8104;
       (6) information and assurances that, not later than 60 days 
     before the beginning of the cycle, the State will complete 
     any actions necessary to operate the program during the 
     cycle; and
       (7) such other information and assurances as the Commission 
     may require.
       (c) Reimbursement of Costs.--
       (1) Reimbursement.--Upon receiving the report submitted by 
     a State under section 8104(a) with respect to an election 
     cycle, the Commission shall transmit a payment to the State 
     in an amount equal to the reasonable costs incurred by the 
     State in operating the credit program under this part during 
     the cycle.
       (2) Source of funds.--Payments to a State under the program 
     shall be made using amounts allocated to the Commission for 
     purposes of making payments under this part with respect to 
     the State from the State Election Assistance and Innovation 
     Trust Fund (hereafter referred to as the ``Fund'') under 
     section 8012, in the amount allocated with respect to the 
     State under section 8005(d).
       (3) Cap on amount of payment.--The aggregate amount of 
     payments made to any State with respect to two consecutive 
     election cycles period may not exceed $10,000,000. If the 
     State determines that the maximum payment amount under this 
     paragraph with respect to such cycles is not, or may not be, 
     sufficient to cover the reasonable costs incurred by the 
     State in operating the program under this part for such 
     cycles, the State shall reduce the amount of the credit 
     provided to each qualified individual by such pro rata amount 
     as may be necessary to ensure that the reasonable costs 
     incurred by the State in operating the program will not 
     exceed the amount paid to the State with respect to such 
     cycles.
       (d) Continuing Availability of Funds After Appropriation.--
     A payment made to a State under this part shall be available 
     without fiscal year limitation.

     SEC. 8103. CREDIT PROGRAM DESCRIBED.

       (a) General Elements of Program.--
       (1) Elements described.--The elements of a credit program 
     operated by a State under this part are as follows:
       (A) The State shall provide each qualified individual upon 
     the individual's request with a credit worth $25 to be known 
     as a ``Democracy Credit'' during the election cycle which 
     will be assigned a routing number and which at the option of 
     the individual will be provided in either paper or electronic 
     form.
       (B) Using the routing number assigned to the Democracy 
     Credit, the individual may submit the Democracy Credit in 
     either electronic or paper form to qualified candidates for 
     election for the office of Representative in, or Delegate or 
     Resident Commissioner to, the Congress and allocate such 
     portion of the value of the Democracy Credit in increments of 
     $5 as the individual may select to any such candidate.
       (C) If the candidate transmits the Democracy Credit to the 
     Commission, the Commission shall pay the candidate the 
     portion of the value of the Democracy Credit that the 
     individual allocated to the candidate, which shall be 
     considered a contribution by the individual to the candidate 
     for purposes of the Federal Election Campaign Act of 1971.
       (2) Designation of qualified individuals.--For purposes of 
     paragraph (1)(A), a ``qualified individual'' with respect to 
     a State means an individual--
       (A) who is a resident of the State;
       (B) who will be of voting age as of the date of the 
     election for the candidate to whom the individual submits a 
     Democracy Credit; and
       (C) who is not prohibited under Federal law from making 
     contributions to candidates for election for Federal office.
       (3) Treatment as contribution to candidate.--For purposes 
     of the Federal Election Campaign Act of 1971, the submission 
     of a Democracy Credit to a candidate by an individual shall 
     be treated as a contribution to the candidate by the 
     individual in the amount of the portion of the value of the 
     Credit that the individual allocated to the candidate.
       (b) Fraud Prevention Mechanism.--In addition to the 
     elements described in subsection (a), a State operating a 
     credit program under this part shall permit an individual to 
     revoke a Democracy Credit not later than 2 days after 
     submitting the Democracy Credit to a candidate.
       (c) Oversight Commission.--In addition to the elements 
     described in subsection (a), a State operating a credit 
     program under this part shall establish a commission or 
     designate an existing entity to oversee and implement the 
     program in the State, except that no such commission or 
     entity may be comprised of elected officials.
       (d) Public Information Campaign.--In addition to the 
     elements described in subsection (a), a State operating a 
     credit program under this part shall carry out a public 
     information campaign to disseminate awareness of the program 
     among qualified individuals.
       (e) No Taxpayer Funds Permitted to Carry Out Program.--No 
     taxpayer funds shall be used to carry out the credit program 
     under this part. For purposes of this subsection, the term 
     ``taxpayer funds'' means revenues received by the Internal 
     Revenue Service from tax liabilities.

     SEC. 8104. REPORTS.

       (a) State Reports.--Not later than 6 months after each 
     first election cycle during which the State operates a 
     program under this part, the State shall submit to the 
     Commission and the Office of Democracy Advancement and 
     Innovation a report analyzing the operation and effectiveness 
     of the program during the cycle and including such other 
     information as the Commission may require.
       (b) Study and Report on Impact and Effectiveness of Credit 
     Programs.--
       (1) Study.--The Commission shall conduct a study on the 
     efficacy of political credit programs, including the program 
     under this part and other similar programs, in expanding and 
     diversifying the pool of individuals who participate in the 
     electoral process, including those who participate as donors 
     and those who participate as candidates.
       (2) Report.--Not later than 1 year after the first election 
     cycle for which States operate the program under this part, 
     the Commission shall publish and submit to Congress a report 
     on the study conducted under paragraph (1).

     SEC. 8105. ELECTION CYCLE DEFINED.

       In this part, the term ``election cycle'' means the period 
     beginning on the day after the date of the most recent 
     regularly scheduled general election for Federal office and 
     ending on the date of the next regularly scheduled general 
     election for Federal office.

   PART 2--OPTIONAL SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF 
                            REPRESENTATIVES

     SEC. 8111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR 
                   CANDIDATES.

       The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 
     et seq.) is amended by adding at the end the following:

      ``TITLE V--SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF 
                            REPRESENTATIVES

                         ``Subtitle A--Benefits

     ``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.

       ``(a) In General.--If a candidate for election to the 
     office of Representative in, or Delegate or Resident 
     Commissioner to, the Congress is certified as a participating 
     candidate under this title with respect to an election for 
     such office, the candidate shall be entitled to payments as 
     provided under this title.
       ``(b) Amount of Payment.--The amount of a payment made 
     under this title shall be equal to 600 percent of the amount 
     of qualified small dollar contributions received by the 
     candidate since the most recent payment made to the candidate 
     under this title during the election cycle, without regard to 
     whether or not the candidate received any of the 
     contributions before, during, or after the Small Dollar 
     Democracy qualifying period applicable to the candidate under 
     section 511(c).
       ``(c) Limit on Aggregate Amount of Payments.--The aggregate 
     amount of payments made to a participating candidate with 
     respect to an election cycle under this title may not exceed 
     50 percent of the average of the 20 greatest amounts of 
     disbursements made by the authorized committees of any 
     winning candidate for the office of Representative in, or 
     Delegate or Resident Commissioner to, the Congress during the 
     most recent election cycle, rounded to the nearest $100,000.
       ``(d) No Taxpayer Funds Permitted.--No taxpayer funds shall 
     be used to make payments under this title. For purposes of 
     this subsection, the term `taxpayer funds' means revenues 
     received by the Internal Revenue Service from tax 
     liabilities.

     ``SEC. 502. PROCEDURES FOR MAKING PAYMENTS.

       ``(a) In General.--The Division Director shall make a 
     payment under section 501 to a candidate who is certified as 
     a participating candidate upon receipt from the candidate of 
     a request for a payment which includes--

[[Page S4483]]

       ``(1) a statement of the number and amount of qualified 
     small dollar contributions received by the candidate since 
     the most recent payment made to the candidate under this 
     title during the election cycle;
       ``(2) a statement of the amount of the payment the 
     candidate anticipates receiving with respect to the request;
       ``(3) a statement of the total amount of payments the 
     candidate has received under this title as of the date of the 
     statement; and
       ``(4) such other information and assurances as the Division 
     Director may require.
       ``(b) Restrictions on Submission of Requests.--A candidate 
     may not submit a request under subsection (a) unless each of 
     the following applies:
       ``(1) The amount of the qualified small dollar 
     contributions in the statement referred to in subsection 
     (a)(1) is equal to or greater than $5,000, unless the request 
     is submitted during the 30-day period which ends on the date 
     of a general election.
       ``(2) The candidate did not receive a payment under this 
     title during the 7-day period which ends on the date the 
     candidate submits the request.
       ``(c) Time of Payment.--The Division Director shall, in 
     coordination with the Secretary of the Treasury, take such 
     steps as may be necessary to ensure that the Secretary is 
     able to make payments under this section from the Treasury 
     not later than 2 business days after the receipt of a request 
     submitted under subsection (a).

     ``SEC. 503. USE OF FUNDS.

       ``(a) Use of Funds for Authorized Campaign Expenditures.--A 
     candidate shall use payments made under this title, including 
     payments provided with respect to a previous election cycle 
     which are withheld from remittance to the Commission in 
     accordance with section 524(a)(2), only for making direct 
     payments for the receipt of goods and services which 
     constitute authorized expenditures (as determined in 
     accordance with title III) in connection with the election 
     cycle involved.
       ``(b) Prohibiting Use of Funds for Legal Expenses, Fines, 
     or Penalties.--Notwithstanding title III, a candidate may not 
     use payments made under this title for the payment of 
     expenses incurred in connection with any action, claim, or 
     other matter before the Commission or before any court, 
     hearing officer, arbitrator, or other dispute resolution 
     entity, or for the payment of any fine or civil monetary 
     penalty.

     ``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED.

       ``(a) In General.--In this title, the term `qualified small 
     dollar contribution' means, with respect to a candidate and 
     the authorized committees of a candidate, a contribution that 
     meets the following requirements:
       ``(1) The contribution is in an amount that is--
       ``(A) not less than $1; and
       ``(B) not more than $200.
       ``(2)(A) The contribution is made directly by an individual 
     to the candidate or an authorized committee of the candidate 
     and is not--
       ``(i) forwarded from the individual making the contribution 
     to the candidate or committee by another person; or
       ``(ii) received by the candidate or committee with the 
     knowledge that the contribution was made at the request, 
     suggestion, or recommendation of another person.
       ``(B) In this paragraph--
       ``(i) the term `person' does not include an individual 
     (other than an individual described in section 304(i)(7) of 
     the Federal Election Campaign Act of 1971), a political 
     committee of a political party, or any political committee 
     which is not a separate segregated fund described in section 
     316(b) of the Federal Election Campaign Act of 1971 and which 
     does not make contributions or independent expenditures, does 
     not engage in lobbying activity under the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1601 et seq.), and is not established 
     by, controlled by, or affiliated with a registered lobbyist 
     under such Act, an agent of a registered lobbyist under such 
     Act, or an organization which retains or employs a registered 
     lobbyist under such Act; and
       ``(ii) a contribution is not `made at the request, 
     suggestion, or recommendation of another person' solely on 
     the grounds that the contribution is made in response to 
     information provided to the individual making the 
     contribution by any person, so long as the candidate or 
     authorized committee does not know the identity of the person 
     who provided the information to such individual.
       ``(3) The individual who makes the contribution does not 
     make contributions to the candidate or the authorized 
     committees of the candidate with respect to the election 
     involved in an aggregate amount that exceeds the amount 
     described in paragraph (1)(B), or any contribution to the 
     candidate or the authorized committees of the candidate with 
     respect to the election involved that otherwise is not a 
     qualified small dollar contribution.
       ``(b) Treatment of Democracy Credits.--Any payment received 
     by a candidate and the authorized committees of a candidate 
     which consists of a Democracy Credit under the Freedom to 
     Vote Act shall be considered a qualified small dollar 
     contribution for purposes of this title, so long as the 
     individual making the payment meets the requirements of 
     paragraphs (2) and (3) of subsection (a).
       ``(c) Restriction on Subsequent Contributions.--
       ``(1) Prohibiting donor from making subsequent nonqualified 
     contributions during election cycle.--
       ``(A) In general.--An individual who makes a qualified 
     small dollar contribution to a candidate or the authorized 
     committees of a candidate with respect to an election may not 
     make any subsequent contribution to such candidate or the 
     authorized committees of such candidate with respect to the 
     election cycle which is not a qualified small dollar 
     contribution.
       ``(B) Exception for contributions to candidates who 
     voluntarily withdraw from participation during qualifying 
     period.--Subparagraph (A) does not apply with respect to a 
     contribution made to a candidate who, during the Small Dollar 
     Democracy qualifying period described in section 511(c), 
     submits a statement to the Commission under section 513(c) to 
     voluntarily withdraw from participating in the program under 
     this title.
       ``(2) Treatment of subsequent nonqualified contributions.--
     If, notwithstanding the prohibition described in paragraph 
     (1), an individual who makes a qualified small dollar 
     contribution to a candidate or the authorized committees of a 
     candidate with respect to an election makes a subsequent 
     contribution to such candidate or the authorized committees 
     of such candidate with respect to the election which is 
     prohibited under paragraph (1) because it is not a qualified 
     small dollar contribution, the candidate may take one of the 
     following actions:
       ``(A) Not later than 2 weeks after receiving the 
     contribution, the candidate may return the subsequent 
     contribution to the individual. In the case of a subsequent 
     contribution which is not a qualified small dollar 
     contribution because the contribution fails to meet the 
     requirements of paragraph (3) of subsection (a) (relating to 
     the aggregate amount of contributions made to the candidate 
     or the authorized committees of the candidate by the 
     individual making the contribution), the candidate may return 
     an amount equal to the difference between the amount of the 
     subsequent contribution and the amount described in paragraph 
     (1)(B) of subsection (a).
       ``(B) The candidate may retain the subsequent contribution, 
     so long as not later than 2 weeks after receiving the 
     subsequent contribution, the candidate remits to the 
     Commission an amount equal to any payments received by the 
     candidate under this title which are attributable to the 
     qualified small dollar contribution made by the individual 
     involved. Such amount shall be used to supplement the 
     allocation made to the Commission with respect to candidates 
     from the State in which the candidate seeks office, as 
     described in section 541(a).
       ``(3) No effect on ability to make multiple 
     contributions.--Nothing in this section may be construed to 
     prohibit an individual from making multiple qualified small 
     dollar contributions to any candidate or any number of 
     candidates, so long as each contribution meets each of the 
     requirements of paragraphs (1), (2), and (3) of subsection 
     (a).
       ``(d) Notification Requirements for Candidates.--
       ``(1) Notification.--Each authorized committee of a 
     candidate who seeks to be a participating candidate under 
     this title shall provide the following information in any 
     materials for the solicitation of contributions, including 
     any internet site through which individuals may make 
     contributions to the committee:
       ``(A) A statement that if the candidate is certified as a 
     participating candidate under this title, the candidate will 
     receive matching payments in an amount which is based on the 
     total amount of qualified small dollar contributions 
     received.
       ``(B) A statement that a contribution which meets the 
     requirements set forth in subsection (a) shall be treated as 
     a qualified small dollar contribution under this title.
       ``(C) A statement that if a contribution is treated as 
     qualified small dollar contribution under this title, the 
     individual who makes the contribution may not make any 
     contribution to the candidate or the authorized committees of 
     the candidate during the election cycle which is not a 
     qualified small dollar contribution.
       ``(2) Alternative methods of meeting requirements.--An 
     authorized committee may meet the requirements of paragraph 
     (1)--
       ``(A) by including the information described in paragraph 
     (1) in the receipt provided under section 512(b)(3) to a 
     person making a qualified small dollar contribution; or
       ``(B) by modifying the information it provides to persons 
     making contributions which is otherwise required under title 
     III (including information it provides through the internet).

              ``Subtitle B--Eligibility and Certification

     ``SEC. 511. ELIGIBILITY.

       ``(a) In General.--A candidate for the office of 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress is eligible to be certified as a participating 
     candidate under this title with respect to an election if the 
     candidate meets the following requirements:
       ``(1) The candidate files with the Commission a statement 
     of intent to seek certification as a participating candidate.
       ``(2) The candidate meets the qualifying requirements of 
     section 512.
       ``(3) The candidate files with the Commission a statement 
     certifying that the authorized committees of the candidate 
     meet the requirements of section 504(d).

[[Page S4484]]

       ``(4) Not later than the last day of the Small Dollar 
     Democracy qualifying period, the candidate files with the 
     Commission an affidavit signed by the candidate and the 
     treasurer of the candidate's principal campaign committee 
     declaring that the candidate--
       ``(A) has complied and, if certified, will comply with the 
     contribution and expenditure requirements of section 521;
       ``(B) if certified, will run only as a participating 
     candidate for all elections for the office that such 
     candidate is seeking during that election cycle; and
       ``(C) has either qualified or will take steps to qualify 
     under State law to be on the ballot.
       ``(5) The candidate files with the Commission a 
     certification that the candidate will not use any allocation 
     from the Fund to directly or indirectly pay salaries, fees, 
     consulting expenses, or any other compensation for services 
     rendered to themselves, family members (including spouses as 
     well as children, parents, siblings, or any of their 
     spouses), or any entity or organization in which they have an 
     ownership interest.
       ``(b) General Election.--Notwithstanding subsection (a), a 
     candidate shall not be eligible to be certified as a 
     participating candidate under this title for a general 
     election or a general runoff election unless the candidate's 
     party nominated the candidate to be placed on the ballot for 
     the general election or the candidate is otherwise qualified 
     to be on the ballot under State law.
       ``(c) Small Dollar Democracy Qualifying Period Defined.--
     The term `Small Dollar Democracy qualifying period' means, 
     with respect to any candidate for an office, the 180-day 
     period (during the election cycle for such office) which 
     begins on the date on which the candidate files a statement 
     of intent under section 511(a)(1), except that such period 
     may not continue after the date that is 30 days before the 
     date of the general election for the office.

     ``SEC. 512. QUALIFYING REQUIREMENTS.

       ``(a) Receipt of Qualified Small Dollar Contributions.--A 
     candidate for the office of Representative in, or Delegate or 
     Resident Commissioner to, the Congress meets the requirement 
     of this section if, during the Small Dollar Democracy 
     qualifying period described in section 511(c), each of the 
     following occurs:
       ``(1) Not fewer than 1,000 individuals make a qualified 
     small dollar contribution to the candidate.
       ``(2) The candidate obtains a total dollar amount of 
     qualified small dollar contributions which is equal to or 
     greater than $50,000.
       ``(b) Requirements Relating to Receipt of Qualified Small 
     Dollar Contribution.--Each qualified small dollar 
     contribution--
       ``(1) may be made by means of a personal check, money 
     order, debit card, credit card, electronic payment account, 
     or any other method deemed appropriate by the Division 
     Director;
       ``(2) shall be accompanied by a signed statement (or, in 
     the case of a contribution made online or through other 
     electronic means, an electronic equivalent) containing the 
     contributor's name and address; and
       ``(3) shall be acknowledged by a receipt that is sent to 
     the contributor with a copy (in paper or electronic form) 
     kept by the candidate for the Commission.
       ``(c) Verification of Contributions.--
       ``(1) Procedures.--The Division Director shall establish 
     procedures for the auditing and verification of the 
     contributions received and expenditures made by participating 
     candidates under this title, including procedures for random 
     audits, to ensure that such contributions and expenditures 
     meet the requirements of this title.
       ``(2) Authority of commission to revise procedures.--The 
     Commission, by a vote of not fewer than four of its members, 
     may revise the procedures established by the Division 
     Director under this subsection.

     ``SEC. 513. CERTIFICATION.

       ``(a) Deadline and Notification.--
       ``(1) In general.--Not later than 5 business days after a 
     candidate files an affidavit under section 511(a)(4), the 
     Division Director shall--
       ``(A) determine whether or not the candidate meets the 
     requirements for certification as a participating candidate;
       ``(B) if the Division Director determines that the 
     candidate meets such requirements, certify the candidate as a 
     participating candidate; and
       ``(C) notify the candidate of the Division Director's 
     determination.
       ``(2) Deemed certification for all elections in election 
     cycle.--If the Division Director certifies a candidate as a 
     participating candidate with respect to the first election of 
     the election cycle involved, the Division Director shall be 
     deemed to have certified the candidate as a participating 
     candidate with respect to all subsequent elections of the 
     election cycle.
       ``(3) Authority of commission to reverse determination by 
     division director.--During the 10-day period which begins on 
     the date the Division Director makes a determination under 
     this subsection, the Commission, by a vote of not fewer than 
     four of its members, may review and reverse the 
     determination. If the Commission reverses the determination, 
     the Commission shall promptly notify the candidate involved.
       ``(b) Revocation of Certification.--
       ``(1) In general.--The Division Director shall revoke a 
     certification under subsection (a) if--
       ``(A) a candidate fails to qualify to appear on the ballot 
     at any time after the date of certification (other than a 
     candidate certified as a participating candidate with respect 
     to a primary election who fails to qualify to appear on the 
     ballot for a subsequent election in that election cycle);
       ``(B) a candidate ceases to be a candidate for the office 
     involved, as determined on the basis of an official 
     announcement by an authorized committee of the candidate or 
     on the basis of a reasonable determination by the Commission; 
     or
       ``(C) a candidate otherwise fails to comply with the 
     requirements of this title, including any regulatory 
     requirements prescribed by the Commission.
       ``(2) Existence of criminal sanction.--The Division 
     Director shall revoke a certification under subsection (a) if 
     a penalty is assessed against the candidate under section 
     309(d) with respect to the election.
       ``(3) Effect of revocation.--If a candidate's certification 
     is revoked under this subsection--
       ``(A) the candidate may not receive payments under this 
     title during the remainder of the election cycle involved; 
     and
       ``(B) in the case of a candidate whose certification is 
     revoked pursuant to subparagraph (A) or subparagraph (C) of 
     paragraph (1)--
       ``(i) the candidate shall repay to the Commission an amount 
     equal to the payments received under this title with respect 
     to the election cycle involved plus interest (at a rate 
     determined by the Commission on the basis of an appropriate 
     annual percentage rate for the month involved) on any such 
     amount received, which shall be used by the Commission to 
     supplement the allocation made to the Commission with respect 
     to the State in which the candidate seeks office, as 
     described in section 541(a); and
       ``(ii) the candidate may not be certified as a 
     participating candidate under this title with respect to the 
     next election cycle.
       ``(4) Prohibiting participation in future elections for 
     candidates with multiple revocations.--If the Division 
     Director revokes the certification of an individual as a 
     participating candidate under this title pursuant to 
     subparagraph (A) or subparagraph (C) of paragraph (1) a total 
     of 3 times, the individual may not be certified as a 
     participating candidate under this title with respect to any 
     subsequent election.
       ``(5) Authority of commission to reverse revocation by 
     division director.--During the 10-day period which begins on 
     the date the Division Director makes a determination under 
     this subsection, the Commission, by a vote of not fewer than 
     four of its members, may review and reverse the 
     determination. If the Commission reverses the determination, 
     the Commission shall promptly notify the candidate involved.
       ``(c) Voluntary Withdrawal From Participating During 
     Qualifying Period.--At any time during the Small Dollar 
     Democracy qualifying period described in section 511(c), a 
     candidate may withdraw from participation in the program 
     under this title by submitting to the Commission a statement 
     of withdrawal (without regard to whether or not the 
     Commission has certified the candidate as a participating 
     candidate under this title as of the time the candidate 
     submits such statement), so long as the candidate has not 
     submitted a request for payment under section 502.
       ``(d) Participating Candidate Defined.--In this title, a 
     `participating candidate' means a candidate for the office of 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress who is certified under this section as eligible 
     to receive benefits under this title.

 ``Subtitle C--Requirements for Candidates Certified as Participating 
                               Candidates

     ``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.

       ``(a) Permitted Sources of Contributions and 
     Expenditures.--Except as provided in subsection (c), a 
     participating candidate with respect to an election shall, 
     with respect to all elections occurring during the election 
     cycle for the office involved, accept no contributions from 
     any source and make no expenditures from any amounts, other 
     than the following:
       ``(1) Qualified small dollar contributions.
       ``(2) Payments under this title.
       ``(3) Contributions from political committees established 
     and maintained by a national or State political party, 
     subject to the applicable limitations of section 315.
       ``(4) Subject to subsection (b), personal funds of the 
     candidate or of any immediate family member of the candidate 
     (other than funds received through qualified small dollar 
     contributions).
       ``(5) Contributions from individuals who are otherwise 
     permitted to make contributions under this Act, subject to 
     the applicable limitations of section 315, except that the 
     aggregate amount of contributions a participating candidate 
     may accept from any individual with respect to any election 
     during the election cycle may not exceed $1,000.
       ``(6) Contributions from multicandidate political 
     committees, subject to the applicable limitations of section 
     315.
       ``(b) Special Rules for Personal Funds.--
       ``(1) Limit on amount.--A candidate who is certified as a 
     participating candidate may use personal funds (including 
     personal funds of any immediate family member of the 
     candidate) so long as--

[[Page S4485]]

       ``(A) the aggregate amount used with respect to the 
     election cycle (including any period of the cycle occurring 
     prior to the candidate's certification as a participating 
     candidate) does not exceed $50,000; and
       ``(B) the funds are used only for making direct payments 
     for the receipt of goods and services which constitute 
     authorized expenditures in connection with the election cycle 
     involved.
       ``(2) Immediate family member defined.--In this subsection, 
     the term `immediate family member' means, with respect to a 
     candidate--
       ``(A) the candidate's spouse;
       ``(B) a child, stepchild, parent, grandparent, brother, 
     half-brother, sister, or half-sister of the candidate or the 
     candidate's spouse; and
       ``(C) the spouse of any person described in subparagraph 
     (B).
       ``(c) Exceptions.--
       ``(1) Exception for contributions received prior to filing 
     of statement of intent.--A candidate who has accepted 
     contributions that are not described in subsection (a) is not 
     in violation of subsection (a), but only if all such 
     contributions are--
       ``(A) returned to the contributor;
       ``(B) submitted to the Commission, to be used to supplement 
     the allocation made to the Commission with respect to the 
     State in which the candidate seeks office, as described in 
     section 541(a); or
       ``(C) spent in accordance with paragraph (2).
       ``(2) Exception for expenditures made prior to filing of 
     statement of intent.--If a candidate has made expenditures 
     prior to the date the candidate files a statement of intent 
     under section 511(a)(1) that the candidate is prohibited from 
     making under subsection (a) or subsection (b), the candidate 
     is not in violation of such subsection if the aggregate 
     amount of the prohibited expenditures is less than the amount 
     referred to in section 512(a)(2) (relating to the total 
     dollar amount of qualified small dollar contributions which 
     the candidate is required to obtain) which is applicable to 
     the candidate.
       ``(3) Exception for campaign surpluses from a previous 
     election.--Notwithstanding paragraph (1), unexpended 
     contributions received by the candidate or an authorized 
     committee of the candidate with respect to a previous 
     election may be retained, but only if the candidate places 
     the funds in escrow and refrains from raising additional 
     funds for or spending funds from that account during the 
     election cycle in which a candidate is a participating 
     candidate.
       ``(4) Exception for contributions received before the 
     effective date of this title.--Contributions received and 
     expenditures made by the candidate or an authorized committee 
     of the candidate prior to the effective date of this title 
     shall not constitute a violation of subsection (a) or (b). 
     Unexpended contributions shall be treated the same as 
     campaign surpluses under paragraph (3), and expenditures made 
     shall count against the limit in paragraph (2).
       ``(d) Special Rule for Coordinated Party Expenditures.--For 
     purposes of this section, a payment made by a political party 
     in coordination with a participating candidate shall not be 
     treated as a contribution to or as an expenditure made by the 
     participating candidate.
       ``(e) Prohibition on Joint Fundraising Committees.--
       ``(1) Prohibition.--An authorized committee of a candidate 
     who is certified as a participating candidate under this 
     title with respect to an election may not establish a joint 
     fundraising committee with a political committee other than 
     another authorized committee of the candidate.
       ``(2) Status of existing committees for prior elections.--
     If a candidate established a joint fundraising committee 
     described in paragraph (1) with respect to a prior election 
     for which the candidate was not certified as a participating 
     candidate under this title and the candidate does not 
     terminate the committee, the candidate shall not be 
     considered to be in violation of paragraph (1) so long as 
     that joint fundraising committee does not receive any 
     contributions or make any disbursements during the election 
     cycle for which the candidate is certified as a participating 
     candidate under this title.
       ``(f) Prohibition on Leadership PACs.--
       ``(1) Prohibition.--A candidate who is certified as a 
     participating candidate under this title with respect to an 
     election may not associate with, establish, finance, 
     maintain, or control a leadership PAC.
       ``(2) Status of existing leadership pacs.--If a candidate 
     established, financed, maintained, or controlled a leadership 
     PAC prior to being certified as a participating candidate 
     under this title and the candidate does not terminate the 
     leadership PAC, the candidate shall not be considered to be 
     in violation of paragraph (1) so long as the leadership PAC 
     does not receive any contributions or make any disbursements 
     during the election cycle for which the candidate is 
     certified as a participating candidate under this title.
       ``(3) Leadership pac defined.--In this subsection, the term 
     `leadership PAC' has the meaning given such term in section 
     304(i)(8)(B).

     ``SEC. 522. ADMINISTRATION OF CAMPAIGN.

       ``(a) Separate Accounting for Various Permitted 
     Contributions.--Each authorized committee of a candidate 
     certified as a participating candidate under this title--
       ``(1) shall provide for separate accounting of each type of 
     contribution described in section 521(a) which is received by 
     the committee; and
       ``(2) shall provide for separate accounting for the 
     payments received under this title.
       ``(b) Enhanced Disclosure of Information on Donors.--
       ``(1) Mandatory identification of individuals making 
     qualified small dollar contributions.--Each authorized 
     committee of a participating candidate under this title 
     shall, in accordance with section 304(b)(3)(A), include in 
     the reports the committee submits under section 304 the 
     identification of each person who makes a qualified small 
     dollar contribution to the committee.
       ``(2) Mandatory disclosure through internet.--Each 
     authorized committee of a participating candidate under this 
     title shall ensure that all information reported to the 
     Commission under this Act with respect to contributions and 
     expenditures of the committee is available to the public on 
     the internet (whether through a site established for purposes 
     of this subsection, a hyperlink on another public site of the 
     committee, or a hyperlink on a report filed electronically 
     with the Commission) in a searchable, sortable, and 
     downloadable manner.

     ``SEC. 523. PREVENTING UNNECESSARY SPENDING OF MATCHING 
                   FUNDS.

       ``(a) Mandatory Spending of Available Private Funds.--An 
     authorized committee of a candidate certified as a 
     participating candidate under this title may not make any 
     expenditure of any payments received under this title in any 
     amount unless the committee has made an expenditure in an 
     equivalent amount of funds received by the committee which 
     are described in paragraphs (1), (3), (4), (5), and (6) of 
     section 521(a).
       ``(b) Limitation.--Subsection (a) applies to an authorized 
     committee only to the extent that the funds referred to in 
     such subsection are available to the committee at the time 
     the committee makes an expenditure of a payment received 
     under this title.

     ``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION.

       ``(a) Remittance Required.--Not later than the date that is 
     180 days after the last election for which a candidate 
     certified as a participating candidate qualifies to be on the 
     ballot during the election cycle involved, such participating 
     candidate shall remit to the Commission an amount equal to 
     the balance of the payments received under this title by the 
     authorized committees of the candidate which remain 
     unexpended as of such date, which shall be used to supplement 
     the allocation made to the Commission with respect to the 
     State in which the candidate seeks office, as described in 
     section 541(a).
       ``(b) Permitting Candidates Participating in Next Election 
     Cycle To Retain Portion of Unspent Funds.--Notwithstanding 
     subsection (a), a participating candidate may withhold not 
     more than $100,000 from the amount required to be remitted 
     under subsection (a) if the candidate files a signed 
     affidavit with the Commission that the candidate will seek 
     certification as a participating candidate with respect to 
     the next election cycle, except that the candidate may not 
     use any portion of the amount withheld until the candidate is 
     certified as a participating candidate with respect to that 
     next election cycle. If the candidate fails to seek 
     certification as a participating candidate prior to the last 
     day of the Small Dollar Democracy qualifying period for the 
     next election cycle (as described in section 511), or if the 
     Commission notifies the candidate of the Commission's 
     determination does not meet the requirements for 
     certification as a participating candidate with respect to 
     such cycle, the candidate shall immediately remit to the 
     Commission the amount withheld.

                  ``Subtitle D--Enhanced Match Support

     ``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION.

       ``(a) Availability of Enhanced Support.--In addition to the 
     payments made under subtitle A, the Division Director shall 
     make an additional payment to an eligible candidate under 
     this subtitle.
       ``(b) Use of Funds.--A candidate shall use the additional 
     payment under this subtitle only for authorized expenditures 
     in connection with the election involved.

     ``SEC. 532. ELIGIBILITY.

       ``(a) In General.--A candidate is eligible to receive an 
     additional payment under this subtitle if the candidate meets 
     each of the following requirements:
       ``(1) The candidate is on the ballot for the general 
     election for the office the candidate seeks.
       ``(2) The candidate is certified as a participating 
     candidate under this title with respect to the election.
       ``(3) During the enhanced support qualifying period, the 
     candidate receives qualified small dollar contributions in a 
     total amount of not less than $50,000.
       ``(4) During the enhanced support qualifying period, the 
     candidate submits to the Division Director a request for the 
     payment which includes--
       ``(A) a statement of the number and amount of qualified 
     small dollar contributions received by the candidate during 
     the enhanced support qualifying period;
       ``(B) a statement of the amount of the payment the 
     candidate anticipates receiving with respect to the request; 
     and
       ``(C) such other information and assurances as the Division 
     Director may require.
       ``(5) After submitting a request for the additional payment 
     under paragraph (4), the

[[Page S4486]]

     candidate does not submit any other application for an 
     additional payment under this subtitle.
       ``(b) Enhanced Support Qualifying Period Described.--In 
     this subtitle, the term `enhanced support qualifying period' 
     means, with respect to a general election, the period which 
     begins 60 days before the date of the election and ends 14 
     days before the date of the election.

     ``SEC. 533. AMOUNT.

       ``(a) In General.--Subject to subsection (b), the amount of 
     the additional payment made to an eligible candidate under 
     this subtitle shall be an amount equal to 50 percent of--
       ``(1) the amount of the payment made to the candidate under 
     section 501(b) with respect to the qualified small dollar 
     contributions which are received by the candidate during the 
     enhanced support qualifying period (as included in the 
     request submitted by the candidate under section 532(a)(4)); 
     or
       ``(2) in the case of a candidate who is not eligible to 
     receive a payment under section 501(b) with respect to such 
     qualified small dollar contributions because the candidate 
     has reached the limit on the aggregate amount of payments 
     under subtitle A for the election cycle under section 501(c), 
     the amount of the payment which would have been made to the 
     candidate under section 501(b) with respect to such qualified 
     small dollar contributions if the candidate had not reached 
     such limit.
       ``(b) Limit.--The amount of the additional payment 
     determined under subsection (a) with respect to a candidate 
     may not exceed $500,000.
       ``(c) No Effect on Aggregate Limit.--The amount of the 
     additional payment made to a candidate under this subtitle 
     shall not be included in determining the aggregate amount of 
     payments made to a participating candidate with respect to an 
     election cycle under section 501(c).

     ``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT 
                   FUNDS AFTER ELECTION.

       ``Notwithstanding section 524(a)(2), a candidate who 
     receives an additional payment under this subtitle with 
     respect to an election is not permitted to withhold any 
     portion from the amount of unspent funds the candidate is 
     required to remit to the Commission under section 524(a)(1).

                ``Subtitle E--Administrative Provisions

     ``SEC. 541. SOURCE OF PAYMENTS.

       ``(a) Allocations From State Election Assistance and 
     Innovation Trust Fund.--The amounts used to make payments to 
     participating candidates under this title who seek office in 
     a State shall be derived from the allocations made to the 
     Commission with respect to the State from the State Election 
     Assistance and Innovation Trust Fund (hereafter referred to 
     as the `Fund') under section 8012 of the Freedom to Vote Act, 
     as provided under section 8005(c) of such Act.
       ``(b) Use of Allocations to Make Payments to Participating 
     Candidates.--
       ``(1) Payments to participating candidates.--The 
     allocations made to the Commission as described in subsection 
     (a) shall be available without further appropriation or 
     fiscal year limitation to make payments to participating 
     candidates as provided in this title.
       ``(2) Ongoing review to determine sufficiency of state 
     allocations.--
       ``(A) Ongoing review.--Not later than 90 days before the 
     first day of each election cycle (beginning with the first 
     election cycle that begins after the date of the enactment of 
     this title), and on an ongoing basis until the end of the 
     election cycle, the Division Director, in consultation with 
     the Director of the Office of Democracy Advancement and 
     Innovation, shall determine whether the amount of the 
     allocation made to the Commission with respect to candidates 
     who seek office in a State as described in subsection (a) 
     will be sufficient to make payments to participating 
     candidates in the State in the amounts provided in this title 
     during such election cycle.
       ``(B) Opportunity for state to increase allocation.--If, at 
     any time the Division Director determines under subparagraph 
     (A) that the amount anticipated to be available in the Fund 
     for payments to participating candidates in a State with 
     respect to the election cycle involved is not, or may not be, 
     sufficient to satisfy the full entitlements of participating 
     candidates in the State to payments under this title for such 
     election cycle--
       ``(i) the Division Director shall notify the State and 
     Congress; and
       ``(ii) the State may direct the Director of the Office of 
     Democracy Advancement and Innovation to direct the Secretary 
     of the Treasury to use the funds described in subparagraph 
     (C), in such amounts as the State may direct, as an 
     additional allocation to the Commission with respect to the 
     State for purposes of subsection (a), in accordance with 
     section 8012 of the Freedom to Vote Act.
       ``(C) Funds described.--The funds described in this 
     subparagraph are funds which were allocated to the State 
     under the Democracy Advancement and Innovation Program under 
     subtitle A of title VIII of the Freedom to Vote Act which, 
     under the State plan under section 8002 of such Act, were to 
     be used for democracy promotion activities described in 
     paragraph (1), (2)(B), (2)(C), or (3) of section 8001(b) of 
     such Act but which remain unobligated.
       ``(3) Elimination of limit of amount of qualified small 
     donor contributions.--
       ``(A) Elimination of limit.--If, after notifying the State 
     under paragraph (2)(B)(i) and (if the State so elects) the 
     State directs under paragraph (2)(B)(ii) an additional 
     allocation to the Commission as provided under such 
     subparagraph, the Division Director determines under 
     paragraph (2)(A) that the amount anticipated to be available 
     in the Fund (after such additional allocation) for payments 
     to participating candidates in the State with respect to the 
     election cycle involved is still not, or may still not be, 
     sufficient to satisfy the full entitlements of participating 
     candidates in the State to payments under this title for such 
     election cycle, the limit on the amount of a qualified small 
     donor contribution under section 504(a)(1)(B) shall not apply 
     with respect to a participating candidate in the State under 
     this title. Nothing in this subparagraph may be construed to 
     waive the limit on the aggregate amount of contributions a 
     participating candidate may accept from any individual under 
     section 521(a)(5).
       ``(B) Determination of amount of payment to candidate.--In 
     determining under section 501(b) the amount of the payment 
     made to a participating candidate for whom the limit on the 
     amount of a qualified small donor contribution does not apply 
     pursuant to subparagraph (A), there shall be excluded any 
     qualified small donor contribution to the extent that the 
     amount contributed by the individual involved exceeds the 
     limit on the amount of such a contribution under section 
     504(a)(1)(B).
       ``(C) No use of amounts from other sources.--In any case in 
     which the Division Director determines that the allocation 
     made to the Commission with respect to candidates in a State 
     as described in subsection (a) is insufficient to make 
     payments to participating candidates in the State under this 
     title (taking into account any increase in the allocation 
     under paragraph (2)), moneys shall not be made available from 
     any other source for the purpose of making such payments.
       ``(c) Effective Date.--This section shall take effect on 
     the date of the enactment of this title, without regard to 
     whether or not regulations have been promulgated to carry out 
     this section.

     ``SEC. 542. ADMINISTRATION THROUGH DEDICATED DIVISION WITHIN 
                   COMMISSION.

       ``(a) Administration Through Dedicated Division.--
       ``(1) Establishment.--The Commission shall establish a 
     separate division within the Commission which is dedicated to 
     issuing regulations to carry out this title and to otherwise 
     carrying out the operation of this title.
       ``(2) Appointment of director and staff.--
       ``(A) Appointment.--Not later than June 1, 2026, the 
     Commission shall appoint a director to head the division 
     established under this section (to be known as the `Division 
     Director') and such other staff as the Commission considers 
     appropriate to enable the division to carry out its duties.
       ``(B) Role of general counsel.--If, at any time after the 
     date referred to in subparagraph (A), there is a vacancy in 
     the position of the Division Director, the General Counsel of 
     the Commission shall serve as the acting Division Director 
     until the Commission appoints a Division Director under this 
     paragraph.
       ``(3) Private right of action.--Any person aggrieved by the 
     failure of the Commission to meet the requirements of this 
     subsection may file an action in an appropriate district 
     court of the United States for such relief, including 
     declaratory and injunctive relief, as may be appropriate.
       ``(b) Regulations.--Not later than the deadline set forth 
     in section 8114 of the Freedom to Vote Act, the Commission, 
     acting through the dedicated division established under this 
     section, shall prescribe regulations to carry out the 
     purposes of this title, including regulations--
       ``(1) to establish procedures for verifying the amount of 
     qualified small dollar contributions with respect to a 
     candidate;
       ``(2) to establish procedures for effectively and 
     efficiently monitoring and enforcing the limits on the 
     raising of qualified small dollar contributions;
       ``(3) to establish procedures for effectively and 
     efficiently monitoring and enforcing the limits on the use of 
     personal funds by participating candidates;
       ``(4) to establish procedures for monitoring the use of 
     payments made from the allocation made to the Commission as 
     described in section 541(a) and matching contributions under 
     this title through audits of not fewer than \1/10\ (or, in 
     the case of the first 3 election cycles during which the 
     program under this title is in effect, not fewer than \1/3\) 
     of all participating candidates or other mechanisms;
       ``(5) to establish procedures for carrying out audits under 
     section 541(b) and permitting States to make additional 
     allocations as provided under section 541(b)(2)(B); and
       ``(6) to establish rules for preventing fraud in the 
     operation of this title which supplement similar rules which 
     apply under this Act.

     ``SEC. 543. VIOLATIONS AND PENALTIES.

       ``(a) Civil Penalty for Violation of Contribution and 
     Expenditure Requirements.--If a candidate who has been 
     certified as a participating candidate accepts a contribution 
     or makes an expenditure that is

[[Page S4487]]

     prohibited under section 521, the Commission may assess a 
     civil penalty against the candidate in an amount that is not 
     more than 3 times the amount of the contribution or 
     expenditure. Any amounts collected under this subsection 
     shall be used to supplement the allocation made to the 
     Commission with respect to the State in which the candidate 
     seeks office, as described in section 541(a).
       ``(b) Repayment for Improper Use of Payments.--
       ``(1) In general.--If the Commission determines that any 
     payment made to a participating candidate was not used as 
     provided for in this title or that a participating candidate 
     has violated any of the dates for remission of funds 
     contained in this title, the Commission shall so notify the 
     candidate and the candidate shall pay to the Commission an 
     amount which shall be used to supplement the allocation made 
     to the Commission with respect to the State in which the 
     candidate seeks office, as described in section 541(a) and 
     which shall be equal to--
       ``(A) the amount of payments so used or not remitted, as 
     appropriate; and
       ``(B) interest on any such amounts (at a rate determined by 
     the Commission).
       ``(2) Other action not precluded.--Any action by the 
     Commission in accordance with this subsection shall not 
     preclude enforcement proceedings by the Commission in 
     accordance with section 309(a), including a referral by the 
     Commission to the Attorney General in the case of an apparent 
     knowing and willful violation of this title.
       ``(c) Prohibiting Certain Candidates From Qualifying as 
     Participating Candidates.--
       ``(1) Candidates with multiple civil penalties.--If the 
     Commission assesses 3 or more civil penalties under 
     subsection (a) against a candidate (with respect to either a 
     single election or multiple elections), the Commission may 
     refuse to certify the candidate as a participating candidate 
     under this title with respect to any subsequent election, 
     except that if each of the penalties were assessed as the 
     result of a knowing and willful violation of any provision of 
     this Act, the candidate is not eligible to be certified as a 
     participating candidate under this title with respect to any 
     subsequent election.
       ``(2) Candidates subject to criminal penalty.--A candidate 
     is not eligible to be certified as a participating candidate 
     under this title with respect to an election if a penalty has 
     been assessed against the candidate under section 309(d) with 
     respect to any previous election.
       ``(d) Imposition of Criminal Penalties.--For criminal 
     penalties for the failure of a participating candidate to 
     comply with the requirements of this title, see section 
     309(d).

     ``SEC. 544. INDEXING OF AMOUNTS.

       ``(a) Indexing.--In any calendar year after 2030, section 
     315(c)(1)(B) shall apply to each amount described in 
     subsection (b) in the same manner as such section applies to 
     the limitations established under subsections (a)(1)(A), 
     (a)(1)(B), (a)(3), and (h) of such section, except that for 
     purposes of applying such section to the amounts described in 
     subsection (b), the `base period' shall be 2029.
       ``(b) Amounts Described.--The amounts described in this 
     subsection are as follows:
       ``(1) The amount referred to in section 502(b)(1) (relating 
     to the minimum amount of qualified small dollar contributions 
     included in a request for payment).
       ``(2) The amounts referred to in section 504(a)(1) 
     (relating to the amount of a qualified small dollar 
     contribution).
       ``(3) The amount referred to in section 512(a)(2) (relating 
     to the total dollar amount of qualified small dollar 
     contributions).
       ``(4) The amount referred to in section 521(a)(5) (relating 
     to the aggregate amount of contributions a participating 
     candidate may accept from any individual with respect to an 
     election).
       ``(5) The amount referred to in section 521(b)(1)(A) 
     (relating to the amount of personal funds that may be used by 
     a candidate who is certified as a participating candidate).
       ``(6) The amounts referred to in section 524(a)(2) 
     (relating to the amount of unspent funds a candidate may 
     retain for use in the next election cycle).
       ``(7) The amount referred to in section 532(a)(3) (relating 
     to the total dollar amount of qualified small dollar 
     contributions for a candidate seeking an additional payment 
     under subtitle D).
       ``(8) The amount referred to in section 533(b) (relating to 
     the limit on the amount of an additional payment made to a 
     candidate under subtitle D).

     ``SEC. 545. ELECTION CYCLE DEFINED.

       ``In this title, the term `election cycle' means, with 
     respect to an election for an office, the period beginning on 
     the day after the date of the most recent general election 
     for that office (or, if the general election resulted in a 
     runoff election, the date of the runoff election) and ending 
     on the date of the next general election for that office (or, 
     if the general election resulted in a runoff election, the 
     date of the runoff election).

     ``SEC. 546. DIVISION DIRECTOR DEFINED.

       ``In this title, the term `Division Director' means the 
     individual serving as the director of the division 
     established under section 542.''.

     SEC. 8112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE 
                   AND POLITICAL PARTY COMMITTEES ON BEHALF OF 
                   PARTICIPATING CANDIDATES.

       (a) Authorizing Contributions Only From Separate Accounts 
     Consisting of Qualified Small Dollar Contributions.--Section 
     315(a) of the Federal Election Campaign Act of 1971 (52 
     U.S.C. 30116(a)) is amended by adding at the end the 
     following new paragraph:
       ``(10) In the case of a multicandidate political committee 
     or any political committee of a political party, the 
     committee may make a contribution to a candidate who is a 
     participating candidate under title V with respect to an 
     election only if the contribution is paid from a separate, 
     segregated account of the committee which consists solely of 
     contributions which meet the following requirements:
       ``(A) Each such contribution is in an amount which meets 
     the requirements for the amount of a qualified small dollar 
     contribution under section 504(a)(1) with respect to the 
     election involved.
       ``(B) Each such contribution is made by an individual who 
     is not otherwise prohibited from making a contribution under 
     this Act.
       ``(C) The individual who makes the contribution does not 
     make contributions to the committee during the year in an 
     aggregate amount that exceeds the limit described in section 
     504(a)(1).''.
       (b) Permitting Unlimited Coordinated Expenditures From 
     Small Dollar Sources by Political Parties.--Section 315(d) of 
     such Act (52 U.S.C. 30116(d)) is amended--
       (1) in paragraph (3), by striking ``The national 
     committee'' and inserting ``Except as provided in paragraph 
     (6), the national committee''; and
       (2) by adding at the end the following new paragraph:
       ``(6) The limits described in paragraph (3) do not apply in 
     the case of expenditures in connection with the general 
     election campaign of a candidate for the office of 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress who is a participating candidate under title V 
     with respect to the election, but only if--
       ``(A) the expenditures are paid from a separate, segregated 
     account of the committee which is described in subsection 
     (a)(10); and
       ``(B) the expenditures are the sole source of funding 
     provided by the committee to the candidate.''.

     SEC. 8113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING 
                   CANDIDATES FOR PURPOSES OTHER THAN CAMPAIGN FOR 
                   ELECTION.

       Section 313 of the Federal Election Campaign Act of 1971 
     (52 U.S.C. 30114) is amended by adding at the end the 
     following new subsection:
       ``(d) Restrictions on Permitted Uses of Funds by Candidates 
     Receiving Small Dollar Financing.--Notwithstanding paragraph 
     (2), (3), or (4) of subsection (a), if a candidate for 
     election for the office of Representative in, or Delegate or 
     Resident Commissioner to, the Congress is certified as a 
     participating candidate under title V with respect to the 
     election, any contribution which the candidate is permitted 
     to accept under such title may be used only for authorized 
     expenditures in connection with the candidate's campaign for 
     such office, subject to section 503(b).''.

     SEC. 8114. DEADLINE FOR REGULATIONS; EFFECTIVE DATE.

       (a) In General.--Not later than October 1, 2026, the 
     Federal Election Commission shall promulgate such regulations 
     as may be necessary to carry out this part and the amendments 
     made by this part.
       (b) Effective Date.--This part and the amendments made by 
     this part shall take effect on October 1, 2026, without 
     regard to whether the Commission has promulgated the 
     regulations required under subsection (a) by such date.

 Subtitle C--Personal Use Services as Authorized Campaign Expenditures

     SEC. 8201. SHORT TITLE; FINDINGS; PURPOSE.

       (a) Short Title.--This subtitle may be cited as the ``Help 
     America Run Act''.
       (b) Findings.--Congress finds the following:
       (1) Everyday Americans experience barriers to entry before 
     they can consider running for office to serve their 
     communities.
       (2) Current law states that campaign funds cannot be spent 
     on everyday expenses that would exist whether or not a 
     candidate were running for office, like childcare and food. 
     While the law seems neutral, its actual effect is to 
     privilege the independently wealthy who want to run, because 
     given the demands of running for office, candidates who must 
     work to pay for childcare or to afford health insurance are 
     effectively being left out of the process, even if they have 
     sufficient support to mount a viable campaign.
       (3) Thus current practice favors those prospective 
     candidates who do not need to rely on a regular paycheck to 
     make ends meet. The consequence is that everyday Americans 
     who have firsthand knowledge of the importance of stable 
     childcare, a safety net, or great public schools are less 
     likely to get a seat at the table. This governance by the few 
     is antithetical to the democratic experiment, but most 
     importantly, when lawmakers do not share the concerns of 
     everyday Americans, their policies reflect that.
       (4) These circumstances have contributed to a Congress that 
     does not always reflect everyday Americans. The New York 
     Times reported in 2019 that fewer than 5 percent of 
     representatives cite blue-collar or service jobs in their 
     biographies. A 2020 analysis by OpenSecrets of lawmakers' 
     personal financial disclosure statements showed that the 
     median net worth of lawmakers was just over $1,000,000, or 
     nearly 9 times the median net worth of American families.

[[Page S4488]]

       (5) These circumstances have also contributed to a 
     governing body that does not reflect the nation it serves. 
     For instance, women are 51 percent of the American 
     population. Yet even with a record number of women serving in 
     the One Hundred Eighteenth Congress, the Pew Research Center 
     notes that nearly three out of four Members of this Congress 
     are male. The Center for American Women and Politics found 
     that one third of women legislators surveyed had been 
     actively discouraged from running for office, often by 
     political professionals. This type of discouragement, 
     combined with the prohibitions on using campaign funds for 
     domestic needs like childcare, burdens that still fall 
     disproportionately on American women, particularly 
     disadvantages working mothers. These barriers may explain why 
     only 10 women in history have given birth while serving in 
     Congress, in spite of the prevalence of working parents in 
     other professions. Yet working mothers and fathers are best 
     positioned to create policy that reflects the lived 
     experience of most Americans.
       (6) Working mothers, those caring for their elderly 
     parents, and young professionals who rely on their jobs for 
     health insurance should have the freedom to run to serve the 
     people of the United States. Their networks and net worth are 
     simply not the best indicators of their strength as 
     prospective public servants. In fact, helping ordinary 
     Americans to run may create better policy for all Americans.
       (c) Purpose.--It is the purpose of this subtitle to ensure 
     that all Americans who are otherwise qualified to serve this 
     Nation are able to run for office, regardless of their 
     economic status. By expanding permissible uses of campaign 
     funds and providing modest assurance that testing a run for 
     office will not cost one's livelihood, the Help America Run 
     Act will facilitate the candidacy of representatives who more 
     accurately reflect the experiences, challenges, and ideals of 
     everyday Americans.

     SEC. 8202. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER 
                   PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN 
                   EXPENDITURE.

       (a) Personal Use Services as Authorized Campaign 
     Expenditure.--Section 313 of the Federal Election Campaign 
     Act of 1971 (52 U.S.C. 30114), as amended by section 8113, is 
     amended by adding at the end the following new subsection:
       ``(e) Treatment of Payments for Child Care and Other 
     Personal Use Services as Authorized Campaign Expenditure.--
       ``(1) Authorized expenditures.--For purposes of subsection 
     (a), the payment by an authorized committee of a candidate 
     for any of the personal use services described in paragraph 
     (3) shall be treated as an authorized expenditure if the 
     services are necessary to enable the participation of the 
     candidate in campaign-connected activities.
       ``(2) Limitations.--
       ``(A) Limit on total amount of payments.--The total amount 
     of payments made by an authorized committee of a candidate 
     for personal use services described in paragraph (3) may not 
     exceed the limit which is applicable under any law, rule, or 
     regulation on the amount of payments which may be made by the 
     committee for the salary of the candidate (without regard to 
     whether or not the committee makes payments to the candidate 
     for that purpose).
       ``(B) Corresponding reduction in amount of salary paid to 
     candidate.--To the extent that an authorized committee of a 
     candidate makes payments for the salary of the candidate, any 
     limit on the amount of such payments which is applicable 
     under any law, rule, or regulation shall be reduced by the 
     amount of any payments made to or on behalf of the candidate 
     for personal use services described in paragraph (3), other 
     than personal use services described in subparagraph (D) of 
     such paragraph.
       ``(C) Exclusion of candidates who are officeholders.--
     Paragraph (1) does not apply with respect to an authorized 
     committee of a candidate who is a holder of Federal office.
       ``(3) Personal use services described.--The personal use 
     services described in this paragraph are as follows:
       ``(A) Child care services.
       ``(B) Elder care services.
       ``(C) Services similar to the services described in 
     subparagraph (A) or subparagraph (B) which are provided on 
     behalf of any dependent who is a qualifying relative under 
     section 152 of the Internal Revenue Code of 1986.
       ``(D) Health insurance premiums.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall take effect without regard to whether or not the 
     Federal Election Commission has promulgated regulations to 
     carry out such amendments.

             Subtitle D--Empowering Small Dollar Donations

     SEC. 8301. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE 
                   ENHANCED SUPPORT FOR HOUSE CANDIDATES THROUGH 
                   USE OF SEPARATE SMALL DOLLAR ACCOUNTS.

       (a) Increase in Limit on Contributions to Candidates.--
     Section 315(a)(2)(A) of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30116(a)(2)(A)) is amended by striking 
     ``exceed $5,000'' and inserting ``exceed $5,000 or, in the 
     case of a contribution made by a national committee of a 
     political party from an account described in paragraph (11), 
     exceed $10,000''.
       (b) Elimination of Limit on Coordinated Expenditures.--
     Section 315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is 
     amended by striking ``subsection (a)(9)'' and inserting 
     ``subsection (a)(9) or subsection (a)(11)''.
       (c) Accounts Described.--Section 315(a) of such Act (52 
     U.S.C. 30116(a)), as amended by section 8112(a), is amended 
     by adding at the end the following new paragraph:
       ``(11) An account described in this paragraph is a 
     separate, segregated account of a national congressional 
     campaign committee of a political party which--
       ``(A) supports only candidates for election for the office 
     of Representative in, or Delegate or Resident Commissioner 
     to, the Congress; and
       ``(B) consists exclusively of contributions made during a 
     calendar year by individuals whose aggregate contributions to 
     the committee during the year do not exceed $200.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to elections held on or after the 
     date of the enactment of this Act and shall take effect 
     without regard to whether or not the Federal Election 
     Commission has promulgated regulations to carry out such 
     amendments.

                        Subtitle E--Severability

     SEC. 8401. SEVERABILITY.

       If any provision of this title or amendment made by this 
     title, or the application of a provision or amendment to any 
     person or circumstance, is held to be unconstitutional, the 
     remainder of this title and amendments made by this title, 
     and the application of the provisions and amendment to any 
     person or circumstance, shall not be affected by the holding.
                                 ______
                                 
  SA 2193. Mr. DURBIN 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 H--Crimes Against Humanity and Torture

     SEC. 1091. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by inserting after chapter 25 the following:

                 ``CHAPTER 25A--CRIMES AGAINST HUMANITY

``Sec.
``515. Crimes against humanity.

     ``Sec. 515. Crimes against humanity

       ``(a) Offense.--It shall be unlawful for any person to 
     commit, or attempt or conspire to commit, as part of a 
     widespread or systematic attack directed against any civilian 
     population, and with knowledge of the attack or with intent 
     that the conduct be part of the attack--
       ``(1) conduct that, if it occurred in the United States or 
     in the special maritime and territorial jurisdiction of the 
     United States, would violate--
       ``(A) section 1581(a) (relating to peonage);
       ``(B) section 1583(a)(1) (relating to kidnapping or 
     carrying away individuals for involuntary servitude or 
     slavery);
       ``(C) section 1584(a) (relating to sale into involuntary 
     servitude);
       ``(D) section 1589(a) (relating to forced labor);
       ``(E) section 1590(a) (relating to trafficking with respect 
     to peonage, slavery, involuntary servitude, or forced labor);
       ``(F) section 1111 (relating to murder);
       ``(G) section 1591(a) (relating to sex trafficking of 
     children or by force, fraud, or coercion);
       ``(H) section 2241 (relating to aggravated sexual abuse by 
     force, threat, or other means);
       ``(I) section 2242 (relating to sexual abuse);
       ``(J) section 1201(a)(relating to kidnapping), without 
     regard to whether the offender is the parent of the victim;
       ``(K) section 1203(a) (relating to hostage taking), 
     notwithstanding any exception under subsection (b) of that 
     section; or
       ``(L) section 2340A (relating to torture), whether or not 
     committed under the color of law; or
       ``(2) conduct that would, regardless of whether the conduct 
     occurred in the context of an armed conflict, constitute--
       ``(A) cruel or inhuman treatment, as described in section 
     2441(d)(1)(B);
       ``(B) performing biological experiments, as described in 
     section 2441(d)(1)(C);
       ``(C) mutilation or maiming, as described in section 
     2441(d)(1)(E); or
       ``(D) intentionally causing serious bodily injury, as 
     described in section 2441(d)(1)(F).
       ``(b) Penalty.--Any person who violates subsection (a)--
       ``(1) shall be fined under this title, imprisoned not more 
     than 20 years, or both; and
       ``(2) if the death of any person results, shall be fined 
     under this title and imprisoned for any term of years or for 
     life.
       ``(c) Jurisdiction.--There is jurisdiction over an offense 
     under subsection (a) if--
       ``(1) the offense occurs in whole or in part within the 
     United States; or
       ``(2) regardless of where the offense occurs--
       ``(A) the victim or alleged offender is--

[[Page S4489]]

       ``(i) a national of the United States or an alien lawfully 
     admitted for permanent residence, regardless of--

       ``(I) nationality at the time of the alleged offense;
       ``(II) whether the alleged offender had been granted that 
     status at the time of the alleged offense; and
       ``(III) whether the alleged offender was entitled to that 
     status; or

       ``(ii) a member of the Armed Forces of the United States, 
     regardless of nationality; or
       ``(B) the alleged offender is present in the United States, 
     regardless of the nationality of the victim or alleged 
     offender.
       ``(d) Nonapplicability of Certain Limitations.--
     Notwithstanding section 3282, in the case of an offense under 
     this section, an indictment may be found or an information 
     may be instituted at any time without limitation.
       ``(e) Certification Requirement.--
       ``(1) In general.--No prosecution for an offense described 
     in subsection (a) shall be undertaken by the United States 
     except on written certification of the Attorney General, the 
     Deputy Attorney General, or an Assistant Attorney General, 
     which function of approving prosecutions may not be 
     delegated, that a prosecution by the United States is in the 
     public interest and necessary to secure substantial justice.
       ``(2) Offender present in united states.--For an offense 
     for which jurisdiction exists under subsection (c)(2)(B) (and 
     does not exist under any other provision of subsection (c)), 
     the written certification required under paragraph (1) of 
     this subsection that a prosecution by the United States is in 
     the public interest and necessary to secure substantial 
     justice shall be made by the Attorney General or the Deputy 
     Attorney General, which function may not be delegated. In 
     issuing such certification, the same official shall weigh and 
     consider, among other relevant factors--
       ``(A) whether the alleged offender can be removed from the 
     United States for purposes of prosecution in another 
     jurisdiction; and
       ``(B) potential adverse consequences for nationals, 
     servicemembers, or employees of the United States.
       ``(f) Input From Other Agency Heads.--The Secretary of 
     Defense and Secretary of State may submit to the Attorney 
     General for consideration their views generally regarding 
     potential benefits, or potential adverse consequences for 
     nationals, servicemembers, or employees of the United States, 
     of prosecutions of offenses for which jurisdiction exists 
     under subsection (c)(2)(B).
       ``(g) No Judicial Review.--Certifications under subsection 
     (e) and input from other agency heads under subsection (f) 
     are not subject to judicial review.
       ``(h) No Limitation on Conduct in Accordance With the Law 
     of War.--Nothing in this section shall be construed to 
     penalize conduct--
       ``(1) to which the law of war applies; and
       ``(2) that is not prohibited by the law of war.
       ``(i) Rules of Construction.--Nothing in this section shall 
     be construed as--
       ``(1) support for ratification of or accession to the Rome 
     Statute of the International Criminal Court, which entered 
     into force on July 1, 2002; or
       ``(2) consent by the United States to any assertion or 
     exercise of jurisdiction by any international, hybrid, or 
     foreign court.
       ``(j) Definitions.--In this section:
       ``(1) Alien; lawfully admitted for permanent residence; 
     national of the united states.--The terms `alien', `lawfully 
     admitted for permanent residence', and `national of the 
     United States' have the meanings given those terms in section 
     101(a) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)).
       ``(2) Armed force or group.--The term `armed force or 
     group'--
       ``(A) means any military, militia, paramilitary, security 
     force, or similar organization or group that takes up arms, 
     whether or not the entity is state-sponsored; and
       ``(B) does not include any group assembled solely for the 
     purpose of nonviolent association.
       ``(3) Intentionally targets any civilian population as 
     such.--The term `intentionally targets any civilian 
     population as such' does not include conduct undertaken in 
     the context of and in association with an armed conflict that 
     results in death, damage, or injury incident to an attack 
     targeting a lawful military objective.
       ``(4) Widespread or systematic attack directed against any 
     civilian population.--The term `widespread or systematic 
     attack directed against any civilian population' means a 
     course of conduct that--
       ``(A) involves the multiple commission of acts referred to 
     in subsection (a);
       ``(B) intentionally targets any civilian population as 
     such; and
       ``(C) is pursuant to or in furtherance of a policy, plan, 
     or program of a state or armed force or group to commit acts 
     described in subparagraph (A).''.
       (b) Clerical Amendment.--The table of chapters for part I 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 25 the following:
``25A. Crimes against humanity...............................515''.....

     SEC. 1092. TORTURE OF A UNITED STATES NATIONAL.

       Section 2340A(b)(1) of title 18, United States Code, is 
     amended by inserting ``or victim'' after ``offender''.
                                 ______
                                 
  SA 2194. Mr. DURBIN 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 XII, insert the 
     following:

     SEC. ___. TERMINATION OF AUTHORIZATIONS FOR THE USE OF 
                   MILITARY FORCE AND DECLARATIONS OF WAR.

       (a) Future Authorizations for the Use of Military Force and 
     Declarations of War.--Any authorization for the use of 
     military force or declaration of war enacted into law after 
     the date of enactment of this Act shall terminate on the date 
     that is 10 years after the date of enactment of such 
     authorization or declaration.
       (b) Existing Authorizations for the Use of Military Force 
     and Declarations of War.--Any authorization for the use of 
     military force or declaration of war enacted before the date 
     of the enactment of this Act shall terminate on the date that 
     is 6 months after the date of such enactment.
                                 ______
                                 
  SA 2195. Mr. DURBIN (for himself and Mr. Grassley) 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. __. PROHIBITING PUNISHMENT OF ACQUITTED CONDUCT.

       (a) Use of Information for Sentencing.--
       (1) Amendment.--Section 3661 of title 18, United States 
     Code, is amended by inserting ``, except that a court of the 
     United States shall not consider, except for purposes of 
     mitigating a sentence, acquitted conduct under this section'' 
     before the period at the end.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall apply only to a judgment entered on or after the date 
     of enactment of this section.
       (b) Definitions.--Section 3673 of title 18, United States 
     Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``As'' and inserting the following:
       ``(a) As''; and
       (2) by adding at the end the following:
       ``(b) As used in this chapter, the term `acquitted conduct' 
     means--
       ``(1) an act--
       ``(A) for which a person was criminally charged and 
     adjudicated not guilty after trial in a Federal, State, or 
     Tribal court; or
       ``(B) in the case of a juvenile, that was charged and for 
     which the juvenile was found not responsible after a juvenile 
     adjudication hearing; or
       ``(2) any act underlying a criminal charge or juvenile 
     information dismissed--
       ``(A) in a Federal court upon a motion for acquittal under 
     rule 29 of the Federal Rules of Criminal Procedure; or
       ``(B) in a State or Tribal court upon a motion for 
     acquittal or an analogous motion under the applicable State 
     or Tribal rule of criminal procedure.''.
                                 ______
                                 
  SA 2196. Mr. REED (for himself and Ms. Collins) 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. AUTHORIZATION OF APPROPRIATIONS FOR INTERAGENCY 
                   COUNCIL ON HOMELESSNESS.

       (a) In General.--Title II of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11311 et seq.) is amended--
       (1) in section 208 (42 U.S.C. 11318), by striking ``to 
     carry out this title $3,000,000 for fiscal year 2010 and such 
     sums as may be necessary for fiscal years 2011'' and 
     inserting ``such sums as may be necessary to carry out this 
     title'';
       (2) by striking section 209 (42 U.S.C. 11319); and
       (3) by redesignating section 210 (42 U.S.C. 11320) as 
     section 209.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 101(b) of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11301 note) is amended by striking 
     the items relating to sections 209 and 210 and inserting the 
     following:

``Sec. 209. Encouragement of State involvement.''.
                                 ______
                                 
  SA 2197. Mr. REED (for himself and Mrs. Britt) submitted an amendment

[[Page S4490]]

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. _____. FAMILY SELF-SUFFICIENCY ESCROW EXPANSION PILOT 
                   PROGRAM.

       Section 23 of the United States Housing Act of 1937 (42 
     U.S.C. 1437u) is amended by adding at the end the following:
       ``(p) Escrow Expansion Pilot Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Covered family.--The term `covered family' means a 
     family that receives direct assistance under section 8 or 9 
     of this Act and is enrolled in the pilot program established 
     under this subsection.
       ``(B) Eligible entity.--The term `eligible entity' means an 
     entity described in subsection (c)(2).
       ``(C) Escrow account authorization.--The term `escrow 
     account authorization' means the number of escrow accounts 
     the Secretary authorizes eligible entities selected under 
     this subsection to create and manage in accordance with 
     paragraph (3).
       ``(2) Establishment.--The Secretary shall establish a pilot 
     program under which the Secretary, through a competitive 
     process, shall select not more than 25 eligible entities to 
     establish and manage escrow accounts for not more than 5,000 
     covered families, in accordance with this subsection.
       ``(3) Escrow accounts.--
       ``(A) In general.--An eligible entity selected to 
     participate in the pilot program created under this 
     subsection--
       ``(i) shall establish, on behalf of each covered family, an 
     interest-bearing escrow account and place into the account an 
     amount equal to any increase in the amount of rent paid by 
     the family in accordance with the provisions of section 3, 
     8(o), or 8(y), as applicable, that is attributable to 
     increases in earned income by the covered family during the 
     participation of the family in the pilot program; and
       ``(ii) notwithstanding any other provision of law, may use 
     funds it controls under section 8 or 9 for purposes of making 
     the escrow deposit for covered families assisted under, or 
     residing in units assisted under, section 8 or 9 of this 
     title, respectively, provided such funds are offset by the 
     increase in the amount of rent paid by the covered family.
       ``(B) Income limitation.--The Secretary shall not escrow 
     any amounts for any covered family whose adjusted income 
     exceeds 80 percent of the area median income.
       ``(C) Withdrawals.--A covered family shall be able to 
     access funds in an escrow account established under this 
     pilot program--
       ``(i) after the covered family ceases to receive income 
     assistance under Federal or State welfare programs; and
       ``(ii)(I) not earlier than the date that is 5 years after 
     the date on which the escrow account is established;
       ``(II) not later than the date that is 7 years after the 
     date on which the escrow account is established, if the 
     covered family chooses to continue to use the pilot program 
     created under this subsection after the date that is 5 years 
     after the date on which the escrow account is established;
       ``(III) on the date the covered family ceases to receive 
     housing assistance under section 8 or 9, if such date is 
     earlier than 5 years after the date on which the escrow 
     account is established; or
       ``(IV) under other circumstances in which the Secretary 
     determines an exemption for good cause is warranted.
       ``(4) Effect of increases in family income.--Any increase 
     in the earned income of a covered family during the 
     enrollment of the family in the pilot program established 
     under this subsection may not be considered as income or a 
     resource for purposes of eligibility of the family for other 
     benefits, or amount of benefits payable to the family, under 
     any program administered by the Secretary.
       ``(5) Application.--
       ``(A) In general.--An eligible entity seeking to 
     participate in the pilot program under this subsection shall 
     submit to the Secretary an application--
       ``(i) at such time, in such manner, and containing such 
     information as the Secretary may require by notice; and
       ``(ii) that includes the number of proposed covered 
     families to be served by the eligible entity under this 
     subsection.
       ``(B) Geographic and entity variety.--The Secretary shall 
     ensure that eligible entities selected to participate in the 
     pilot program under this subsection--
       ``(i) are located across various States and in both urban 
     and rural areas; and
       ``(ii) vary by size and type, including both public housing 
     agencies and private owners of projects receiving project-
     based rental assistance under section 8.
       ``(6) Notification and opt-out.--An eligible entity 
     participating in the pilot program under this subsection 
     shall--
       ``(A) notify covered families of their enrollment in the 
     pilot program under this subsection;
       ``(B) provide covered families with a detailed description 
     of the pilot program, including how the pilot program will 
     impact their rent and finances; and
       ``(C) provide covered families with the ability to elect 
     not to participate in the pilot program--
       ``(i) not less than 2 weeks before the date on which the 
     escrow account is established under paragraph (3); and
       ``(ii) at any point during the duration of the pilot 
     program.
       ``(7) Maximum rents.--During the term of participation by a 
     covered family in the pilot program under this subsection, 
     the amount of rent paid by the enrolled family shall be 
     calculated under the rental provisions of section 3 or 8(o), 
     as applicable.
       ``(8) Pilot program timeline.--
       ``(A) Awards.--Not later than 18 months after the date of 
     enactment of this subsection, the Secretary shall select the 
     eligible entities to participate in the pilot program.
       ``(B) Establishment and term of accounts.--An eligible 
     entity selected to participate in the pilot program under 
     this subsection shall--
       ``(i) not later than 6 months after selection and receipt 
     of escrow account authority, establish escrow accounts under 
     paragraph (3) for covered families; and
       ``(ii) maintain those escrow accounts for not less than 5 
     years, or until the date the family ceases to receive 
     assistance under section 8 or 9, and, at the discretion of 
     the covered family, not more than 7 years after the date on 
     which the escrow account is established.
       ``(9) Nonparticipation and housing assistance.--
       ``(A) In general.--Assistance under section 8 or 9 for a 
     family that elects not to participate in the pilot program 
     shall not be delayed by reason of such election.
       ``(B) No termination.--Housing assistance may not be 
     terminated as a consequence of participating, or not 
     participating, in the pilot program under this subsection for 
     any period of time.
       ``(10) Study.--Not later than 7 years after the date the 
     Secretary selects eligible entities to participate in the 
     pilot program under this subsection, the Secretary shall 
     conduct a study and submit to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives a report 
     on outcomes for covered families under the pilot program 
     under this subsection, which shall evaluate the effectiveness 
     of the pilot program in assisting families to achieve 
     economic independence and self-sufficiency, and the impact 
     coaching and supportive services, or the lack thereof, had on 
     individual incomes.
       ``(11) Termination.--The pilot program under this 
     subsection shall terminate on the date that is 10 years after 
     the date of enactment of this subsection.
       ``(12) Authorization of appropriations.--
       ``(A) In general.--There is authorized to appropriated to 
     the Secretary for fiscal year 2025 $5,000,000 to carry out 
     program administration and evaluation under this subsection.
       ``(B) Availability.--Any amounts appropriated under this 
     subsection shall remain available until expended.''.
                                 ______
                                 
  SA 2198. Mr. WARNOCK 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. ___. RESEARCH AND EDUCATIONAL PROGRAMS AND ACTIVITIES AT 
                   HBCUS AND OTHER MINORITY-SERVING INSTITUTIONS.

       Section 4144 of title 10, United States Code, is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by striking subsection (d) and inserting the following:
       ``(d) Incentives.--The Secretary of Defense shall develop 
     incentives to encourage research and educational 
     collaborations between covered educational institutions and 
     other institutions of higher education.
       ``(e) Requirements for UARCs and FFRDCs.--(1) Each 
     federally funded research and development center and 
     University Affiliated Research Center that receives funds 
     from the Department of Defense in a fiscal year, shall 
     allocate the applicable percentage (as described in paragraph 
     (2)) of the total amount of funds received from the 
     Department in such fiscal year to support research activities 
     (which may include activities described in subsection (c)) 
     conducted in partnership with covered educational 
     institutions that have less than $151,000,000 in federal 
     grants and contract revenue.
       ``(2) For purposes of paragraph (1), the applicable 
     percentage is--
       ``(A) for fiscal year 2025, not less than 2 percent;
       ``(B) for fiscal year 2026, not less than 4 percent;
       ``(C) for fiscal year 2027, not less than 6 percent;
       ``(D) for fiscal year 2028, not less than 8 percent; and
       ``(E) for fiscal year 2029 and each fiscal year thereafter, 
     not less than 10 percent.
       ``(3) On an annual basis, each federally funded research 
     and development center and

[[Page S4491]]

     University Affiliated Research Center subject to the 
     requirements of paragraph (1) shall submit to the Secretary 
     of Defense and the congressional defense committees a report 
     on--
       ``(A) the amount of funds made available covered 
     educational institutions under such paragraph; and
       ``(B) the activities carried out with such funds.''.
                                 ______
                                 
  SA 2199. Mr. WARNOCK 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. BASIC ALLOWANCE FOR HOUSING: AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) In General.--For fiscal year 2025, there is authorized 
     to be appropriated $1,200,000,000 for the purpose of fully 
     funding the basic allowance for housing for members of the 
     uniformed services under section 403 of title 37, United 
     States Code.
       (b) Offsets.--
       (1) Unobligated balances of military personnel 
     appropriations.--Of the unobligated balances of military 
     personnel appropriations specified in section 4401, 
     $462,400,000 shall be available to offset the cost of the 
     authorization of appropriations under subsection (a).
       (2) Undistributed amounts for operation and maintenance, 
     defense-wide.--Of the undistributed amounts for operation and 
     maintenance, Defense-wide, specified in section 4301, 
     $737,600,000 shall be available to offset the cost of the 
     authorization of appropriations under subsection (a).
                                 ______
                                 
  SA 2200. Ms. KLOBUCHAR (for herself and Ms. Collins) 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 of division A, add the 
     following:

     SEC. ____. PREPARING ELECTION ADMINISTRATORS FOR ARTIFICIAL 
                   INTELLIGENCE.

       (a) Voluntary Guidelines for Administration of Elections 
     That Address the Use and Risks of Artificial Intelligence 
     Technologies.--
       (1) Report and voluntary guidelines.--Not later than 60 
     days after the date of the enactment of this Act, the 
     Election Assistance Commission shall, in consultation with 
     the National Institute of Standards and Technology, submit to 
     Congress, issue to State and local election offices, and make 
     available to the public a report with voluntary guidelines 
     for election offices that address the use and risks of 
     artificial intelligence technologies in the administration of 
     elections.
       (2) Contents.--The report submitted and made available 
     pursuant to paragraph (1) shall include voluntary guidelines 
     that address--
       (A) the risks and benefits associated with using artificial 
     intelligence technologies to conduct election administration 
     activities;
       (B) the cybersecurity risks of artificial intelligence 
     technologies to election administration;
       (C) how information generated and distributed by artificial 
     intelligence technologies can affect the sharing of accurate 
     election information and how election offices should respond; 
     and
       (D) how information generated and distributed by artificial 
     intelligence technologies can affect the spreading of 
     election disinformation that undermines public trust and 
     confidence in elections.
       (b) Study on Use of Artificial Intelligence Technologies in 
     the 2024 Elections.--
       (1) In general.--Not later than November 5, 2025, the 
     Election Assistance Commission, in consultation with the 
     National Institute of Standards and Technology, shall study 
     and submit to Congress, issue to State and local election 
     offices, and make available to the public a report on the use 
     and impacts of artificial intelligence technologies in the 
     elections for Federal office held in 2024, including how 
     information generated by artificial intelligence technologies 
     was shared and the use of artificial intelligence 
     technologies by election offices.
       (2) Review and update of voluntary guidelines.--Taking into 
     consideration the results of the study conducted under 
     paragraph (1), the Election Assistance Commission shall 
     review and update the voluntary guidelines issued under 
     subsection (a)(1) as appropriate.
                                 ______
                                 
  SA 2201. Ms. KLOBUCHAR (for herself and Ms. Murkowski) 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:

                DIVISION _--AI TRANSPARENCY IN ELECTIONS

     SEC. _0001. SHORT TITLE.

       This division may be cited as the AI Transparency in 
     Elections Act of 2024.

     SEC. _0002. REQUIRING DISCLAIMERS ON ADVERTISEMENTS 
                   CONTAINING CONTENT SUBSTANTIALLY GENERATED BY 
                   ARTIFICIAL INTELLIGENCE.

       (a) Requirement.--Section 318 of the Federal Election 
     Campaign Act of 1971 ( 52 U.S.C. 30120) is amended by adding 
     at the end the following new subsection:
       ``(e) Special Disclaimer for Covered Communications 
     Containing Content Substantially Generated by Artificial 
     Intelligence.--
       ``(1) Definitions.--For purposes of this subsection:
       ``(A) Covered communication.--
       ``(i) In general.--The term `covered communication' means a 
     communication through any broadcasting station, newspaper, 
     magazine, outdoor advertising facility, mailing, telephone 
     bank, internet or other digital medium, or any other type of 
     general public political advertising that--

       ``(I) expressly advocates for or against the nomination or 
     election of a candidate;
       ``(II) refers to a candidate at any time during the period 
     beginning 120 days before the date of a primary election or 
     nominating caucus or convention and ending on the date on 
     which a general election occurs; or
       ``(III) solicits a contribution for a candidate or 
     political committee or any other person who makes 
     disbursements for communications described in subclause (I) 
     or (II).

       ``(ii) Voice and likeness.--A communication that invokes 
     the likeness or voice of a candidate shall be treated as a 
     communication that refers to such candidate.
       ``(B) Generative artificial intelligence.--The term 
     `generative artificial intelligence' means artificial 
     intelligence technology that uses machine learning (including 
     deep-learning models, natural language processing, or other 
     computational processing techniques of similar or greater 
     complexity) to generate text, images, audio, video, or other 
     media.
       ``(C) Substantially generated by artificial intelligence.--
       ``(i) In general.--The term `substantially generated by 
     artificial intelligence' means an image, audio, or video that 
     was created or materially altered using generative artificial 
     intelligence.
       ``(ii) Exception.--Such term does not include an image, 
     audio, or video that--

       ``(I) has only minor alterations by generative artificial 
     intelligence (including cosmetic adjustments, color editing, 
     cropping, resizing, and other immaterial uses); and
       ``(II) does not create a fundamentally different 
     understanding than a reasonable person would have from an 
     unaltered version of the media.

       ``(2) Requirement.--When a person makes a disbursement for 
     the purpose of financing a covered communication containing 
     an image, audio, or video that was substantially generated by 
     artificial intelligence, the covered communication shall 
     include, in a clear and conspicuous manner, a statement that 
     the covered communication contains such an image, audio, or 
     video.
       ``(3) Safe harbor for determining clear and conspicuous 
     manner.--A statement required under this subsection shall be 
     considered to be made in a clear and conspicuous manner if 
     the statement meets the following requirements:
       ``(A) Image covered communications.--In the case of an 
     image that is a covered communication, the statement--
       ``(i) appears in letters at least as large as the majority 
     of the text in the covered communication or otherwise meets 
     the requirements under subsection (c)(1);
       ``(ii) meets the requirements of paragraphs (2) and (3) of 
     subsection (c);
       ``(iii) states that the covered communication was created 
     or materially altered by artificial intelligence; and
       ``(iv) is permanently affixed to the covered communication.
       ``(B) Audio covered communications.--In the case of an 
     audio covered communication, the statement--
       ``(i) is spoken in a clearly audible and intelligible 
     manner at the beginning or end of the covered communication 
     and lasts not fewer than 4 seconds; and
       ``(ii) includes the following audio statement in a clearly 
     spoken manner: `___________ used artificial intelligence to 
     generate the contents of this communication.' (with the blank 
     filled in with the name of person who made the disbursement 
     to pay for such covered communication).
       ``(C) Video covered communications.--In the case of a video 
     covered communication that also includes audio, the statement 
     is made both in--
       ``(i) a written format that meets the requirements of 
     subparagraph (A) and appears throughout the length of the 
     video covered communication; and

[[Page S4492]]

       ``(ii) an audible format that meets the requirements of 
     subparagraph (B).''.
       (b) Enforcement.--
       (1) In general.--Section 309(a)(4)(C)(i) of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C))(i)) 
     is amended--
       (A) in the matter before subclause (I), by inserting o``r a 
     qualified disclaimer requirement'' after ``a qualified 
     disclosure requirement''; and
       (B) in subclause (II)--
       (i) by striking ``a civil money penalty in an amount 
     determined, for violations of each qualified disclosure 
     requirement'' and inserting ``a civil money penalty--

       ``(aa) for violations of each qualified disclosure 
     requirement, in an amount determined'';

       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (iii) by adding at the end the following new item:

       ``(bb) for violations of each qualified disclaimer 
     requirement, in an amount which is determined under a 
     schedule of penalties which is established and published by 
     the Commission and which takes into account the existence of 
     previous violations by the person and how broadly the 
     communication is distributed and such other factors as the 
     Commission considers appropriate, provided that any such 
     civil penalty shall not exceed $50,000 per covered 
     communication.''.

       (2) Failure to respond.--Section 309(a)(4)(C)(ii) of such 
     Act (52 U.S.C. 30109(a)(4)(C)(ii)) is amended by striking the 
     period at the end and inserting ``, except that in the case 
     of a violation of a qualified disclaimer requirement, failure 
     to timely respond after the Commission has notified the 
     person of an alleged violation under subsection (a)(1) shall 
     constitute the person's admission of the factual allegations 
     of the complaint.''.
       (3) Qualified disclaimer requirement defined.--Section 
     309(a)(4)(C) of such Act (52 U.S.C. 30109(a)(4)(C)) is 
     amended by redesignating clause (v) as clause (vi) and by 
     inserting after clause (iv) the following new clause:
       ``(v) In this subparagraph, the term `qualified disclaimer 
     requirement' means the requirement of section 318(e)(2).''.
       (4) Application.--Clause (vi) of section 309(a)(4)(C) of 
     such Act (52 U.S.C. 30109(a)(4)(C)), as redesignated by 
     paragraph (3), is amended--
       (A) by striking ``shall apply with respect to violations'' 
     and inserting ``shall apply--

       ``(I) with respect to violations of qualified disclosure 
     requirements'';

       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following new subclause:

       ``(II) with respect to violations of qualified disclaimer 
     requirements occurring on or after the date of the enactment 
     of the AI Transparency in Elections Act of 2024.''.

       (5) Time of judicial review.--Section 309(a)(8)(A) of the 
     Federal Election Campaign Act of 1971 ( 52 U.S.C. 
     30109(a)(8)(A)) is amended by inserting ``(45-day period in 
     the case of any complaint alleging a violation of section 
     318(e)(2))'' after ``120-day period''.
       (c) Regulations.--Not later than 90 days after the date of 
     enactment of the AI Transparency in Elections Act of 2024, 
     the Federal Election Commission shall, in consultation with 
     the Director of the National Institute of Standards and 
     Technology, promulgate a regulation to carry out the 
     amendments made by subsections (a) and (b), including--
       (1) criteria for determining whether a covered 
     communication (as defined in section 318(e) of the Federal 
     Election Campaign Act of 1971, as added by subsection (a)) 
     contains an image, audio, or video substantially generated by 
     artificial intelligence (as defined in such section); and
       (2) requirements for the contents of the statement required 
     under section 318(e)(2) of the Federal Election Campaign Act 
     of 1971, as added by subsection (a).
       (d) Effective Date.--The amendments made by this section 
     shall--
       (1) apply with respect to any communication made after the 
     date of enactment of this Act; and
       (2) take effect without regard to whether the Federal 
     Election Commission has promulgated regulations to carry out 
     such amendments.

     SEC. _0003. REPORTS.

       Not later than 2 years after the date of enactment of this 
     Act, and biannually thereafter, the Federal Election 
     Commission shall submit a report to the Committee on Rules 
     and Administration of the Senate and the Committee on House 
     Administration of the House of Representatives that 
     includes--
       (1) an assessment of the compliance with and the 
     enforcement of the requirements of subsection (e) of section 
     318 of the Federal Election Campaign Act of 1971, as added by 
     this Act; and
       (2) recommendations for any modifications to that 
     subsection to assist in carrying out the purposes of that 
     subsection.

     SEC. _0004. SEVERABILITY.

       If any provision of this division or any amendment made by 
     this division, or the application of any such provision or 
     amendment to any person or circumstance, is held to be 
     unconstitutional, the remainder of this division, and the 
     application of such provision or amendment to any other 
     person or circumstance, shall not be affected by the holding.
                                 ______
                                 
  SA 2202. Ms. KLOBUCHAR (for herself, Mr. Hawley, and Mr. Coons) 
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 of division A, add the 
     following:

     SEC. ___. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE 
                   AI-GENERATED AUDIO OR VISUAL MEDIA PRIOR TO 
                   ELECTION.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at 
     the end the following new section:

     ``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY 
                   DECEPTIVE AI-GENERATED AUDIO OR VISUAL MEDIA.

       ``(a) Definitions.--In this section:
       ``(1) Covered individual.--The term `covered individual' 
     means a candidate for Federal office.
       ``(2) Deceptive ai-generated audio or visual media.--The 
     term `deceptive AI-generated audio or visual media' means an 
     image, audio, or video that--
       ``(A) is the product of artificial intelligence technology 
     that uses machine learning (including deep learning models, 
     natural learning processing, or any other computational 
     processing techniques of similar or greater complexity), 
     that--
       ``(i) merges, combines, replaces, or superimposes content 
     onto an image, audio, or video, creating an image, audio, or 
     video that appears authentic; or
       ``(ii) generates an inauthentic image, audio, or video that 
     appears authentic; and
       ``(B) a reasonable person, having considered the qualities 
     of the image, audio, or video and the nature of the 
     distribution channel in which the image, audio, or video 
     appears--
       ``(i) would have a fundamentally different understanding or 
     impression of the appearance, speech, or expressive conduct 
     exhibited in the image, audio, or video than that person 
     would have if that person were hearing or seeing the 
     unaltered, original version of the image, audio, or video; or
       ``(ii) would believe that the image, audio, or video 
     accurately exhibits any appearance, speech, or expressive 
     conduct of a person who did not actually exhibit such 
     appearance, speech, or expressive conduct.
       ``(3) Federal election activity.--The term `Federal 
     election activity' has the meaning given the term in section 
     301(20)(A)(iii).
       ``(b) Prohibition.--Except as provided in subsection (c), a 
     person, political committee, or other entity may not 
     knowingly distribute materially deceptive AI-generated audio 
     or visual media in carrying out a Federal election activity 
     or of a covered individual for the purpose of--
       ``(1) influencing an election; or
       ``(2) soliciting funds.
       ``(c) Inapplicability to Certain Entities.--This section 
     shall not apply to the following:
       ``(1) A radio or television broadcasting station, including 
     a cable or satellite television operator, programmer, or 
     producer, or a streaming service that broadcasts materially 
     deceptive AI-generated audio or visual media prohibited by 
     this section as part of a bona fide newscast, news interview, 
     news documentary, or on-the-spot coverage of bona fide news 
     events, if the broadcast clearly acknowledges through content 
     or a disclosure, in a manner that can be easily heard or read 
     by the average listener or viewer, that there are questions 
     about the authenticity of the materially deceptive AI-
     generated audio or visual media.
       ``(2) A regularly published newspaper, magazine, or other 
     periodical of general circulation, including an internet or 
     electronic publication, that routinely carries news and 
     commentary of general interest, and that publishes materially 
     deceptive AI-generated audio or visual media prohibited under 
     this section, if the publication clearly states that the 
     materially deceptive AI-generated audio or visual media does 
     not accurately represent the speech or conduct of the covered 
     individual.
       ``(3) Materially deceptive AI-generated audio or visual 
     media that constitutes satire or parody.
       ``(d) Civil Action.--
       ``(1) Injunctive or other equitable relief.--
       ``(A) In general.--A covered individual whose voice or 
     likeness appears in, or who is the subject of, a materially 
     deceptive AI-generated audio or visual media, including 
     content distributed as part of a Federal election activity, 
     distributed in violation of this section may seek injunctive 
     or other equitable relief prohibiting the distribution of 
     materially deceptive AI-generated audio or visual media in 
     violation of this section.
       ``(B) Precedence.--An action under this paragraph shall be 
     entitled to precedence in accordance with the Federal Rules 
     of Civil Procedure.
       ``(2) Damages.--
       ``(A) In general.--A covered individual whose voice or 
     likeness appears in, or who is the subject of, a materially 
     deceptive AI-generated audio or visual media, including

[[Page S4493]]

     content distributed as part of a Federal election activity, 
     distributed in violation of this section may bring an action 
     for general or special damages against the person, committee, 
     or other entity that distributed the materially deceptive AI-
     generated audio or visual media.
       ``(B) Attorney's fees and costs.--In addition to any 
     damages awarded under subparagraph (A), the court may also 
     award a prevailing party reasonable attorney's fees and 
     costs.
       ``(C) Rule of construction.--Nothing in this paragraph 
     shall be construed to limit or preclude a plaintiff from 
     securing or recovering any other available remedy.
       ``(3) Burden of proof.--In any civil action alleging a 
     violation of this section, the plaintiff shall bear the 
     burden of establishing the violation through clear and 
     convincing evidence.''.
       (b) Severability.--If any provision of this section, or an 
     amendment made by this section, or the application of such 
     provision to any person or circumstance, is held to be 
     invalid, the remainder of this section, or an amendment made 
     by this section, or the application of such provision to 
     other persons or circumstances, shall not be affected.
                                 ______
                                 
  SA 2203. Mr. GRASSLEY 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. RETROACTIVE FOREIGN AGENTS REGISTRATION ACT.

       (a) Short Title.--This section may be cited as the 
     ``Retroactive Foreign Agents Registration Act''.
       (b) Clarifying Obligation to Register Retroactively as 
     Agents of Foreign Principals.--
       (1) Obligation.--The third sentence of section 2(a) of the 
     Foreign Agents Registration Act of 1938, as amended (22 
     U.S.C. 612(a)) is amended by striking ``for the period'' and 
     inserting ``covering the period''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to any individual who serves as the 
     agent of a foreign principal under the Foreign Agents 
     Registration Act of 1938, as amended, at any time before, on, 
     or after the date of enactment of this Act.
       (c) Permitting Order Requiring Compliance to Apply 
     Retroactively.--
       (1) Retroactive compliance.--Section 8(f) of the Foreign 
     Agents Registration Act of 1938, as amended (22 U.S.C. 
     618(f)) is amended--
       (A) by inserting after the first sentence the following: 
     ``The Attorney General may make application for an order 
     requiring a person to comply with any appropriate provision 
     of this Act or any regulation thereunder while the person 
     acts as an agent of a foreign principal or at any time 
     thereafter.''; and
       (B) by striking the period at the end and inserting the 
     following: ``, including an order requiring a person to 
     comply with section 2 with respect to any period during which 
     the person acts as the agent of a foreign principal 
     notwithstanding that the person does not act as the agent of 
     a foreign principal at the time the court issues the 
     order.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to any individual who serves as the 
     agent of a foreign principal under the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) 
     at any time before, on, or after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 2204. Mr. COTTON 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--NO ICBMS FOR IRAN ACT OF 2024

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``No ICBMs for Iran Act of 
     2024''.

 Subtitle A--Sanctions and Report on Iranian Space-launch Vehicles and 
                  Intercontinental Ballistic Missiles

     SEC. 1711. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) The Islamic Republic of Iran has the largest ballistic 
     missile arsenal in the Middle East, which Iran uses to 
     threaten forces of the United States and partners of the 
     United States in the region.
       (2) Iran is progressing toward developing an 
     intercontinental ballistic missile (commonly referred to an 
     ``ICBM'') capability. In 2023, the Defense Intelligence 
     Agency reported that Iran's progress on its space-launch 
     vehicles shortens the time needed for Iran to produce an ICBM 
     since space-launch vehicles and ICBMs use similar 
     technologies.
       (3) Iran continues to rely on illicit foreign procurement 
     to support its long-range missile aspirations. For example, 
     Iran recently tried to purchase from the Russian Federation 
     and the People's Republic of China ammonium perchlorate, 
     which is the main ingredient in solid propellants to power 
     missiles.
       (4) Iran relies at least in part on networks in Hong Kong 
     and the People's Republic of China to procure dual-use 
     materials and equipment for its longer-range ballistic 
     missile program.
       (5) North Korea historically has played a role in 
     supporting longer-range Iranian ballistic missile 
     capabilities. Specifically, North Korea provided the Nodong-A 
     to Iran in the 1990s, which Iran used to develop both its 
     first nuclear-capable medium-range ballistic missile and 
     liquid propellant engines for its space-launch vehicles.
       (6) While the Iran Space Agency, a government organization 
     subject to sanctions, develops space capabilities for Iran's 
     ministry of defense as well as the communications sector, 
     Iran's Revolutionary Guard Corps Aerospace Force (commonly 
     referred to as the ``IRGC-AF'') runs a parallel space program 
     employing solid-propellant motors, which if used in ICBM 
     technology, would enable launches with little warning.
       (7) Iran continues work on larger diameter solid-propellant 
     motors, like the Rafa'e, and is now reportedly in the 
     possession of an all-solid-propellant space-launch vehicle 
     called the Qaem-100. Iran successfully launched a satellite 
     into orbit using its Qaem-100 rocket January 2024.
       (8) Iran's development, production, and transfer of space-
     launch vehicle and ballistic missile technology violated 
     Annex B of United Nations Security Council Resolution 2231 
     (2015), which enshrined certain restrictions under the Joint 
     Comprehensive Plan of Action. Those restrictions expired on 
     October 18, 2023.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Iran's space program continues to function as a cover 
     for Iran's quest for an ICBM;
       (2) the possession by Iran of an ICBM would pose a direct 
     threat to the United States homeland and partners of the 
     United States in Europe; and
       (3) the United States should work to deny Iran the ability 
     to hold the United States homeland or European partners of 
     the United States at risk with an ICBM.

     SEC. 1712. DETERMINATION AND MANDATORY IMPOSITION OF 
                   SANCTIONS UNDER EXECUTIVE ORDER 13382.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall--
       (1) determine whether each individual or entity specified 
     in subsection (b) meets the criteria for the imposition of 
     sanctions under Executive Order 13382 (50 U.S.C. 1701 note; 
     relating to blocking property of weapons of mass destruction 
     proliferators and their supporters); and
       (2) with respect to any such individual or entity the 
     President determines does meet such criteria, impose such 
     sanctions.
       (b) Individuals and Entities Specified.--The individuals 
     and entities specified in this subsection are the following:
       (1) The Space Division of the IRGC-AF.
       (2) All senior officers of the IRGC-AF.
       (3) Brigadier General Amir-Ali Hajizadeh, the commander of 
     the IRGC-AF.
       (4) General Majid Mousavi, the deputy commander of the 
     IRGC-AF.
       (5) Second Brigadier General Ali-Jafarabadi, the commander 
     of the Space Division of the IRGC-AF.

     SEC. 1713. REPORT ON SUPPORT FOR IRAN'S SPACE, AEROSPACE, AND 
                   BALLISTIC MISSILE SECTORS AND UNITED STATES 
                   CAPACITY TO DENY INTERCONTINENTAL BALLISTIC 
                   MISSILE ATTACKS FROM IRAN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of the Treasury, the 
     Secretary of State, the Secretary of Commerce, and the 
     Director of National Intelligence, shall submit to the 
     congressional defense committees a report that includes the 
     following:
       (1) An identification of entities in Iran not subject to 
     sanctions imposed by the United States as of the date of the 
     report that are helping to support Iran's space, aerospace, 
     and ballistic missile sectors, including public and private 
     entities making a material contribution to Iran's development 
     of space-launch vehicles or ICBMs.
       (2) An identification of the countries the governments of 
     which continue to support Iran's space, aerospace, and 
     ballistic missile activities.
       (3) With respect to each country identified under paragraph 
     (2), the following:
       (A) Actions taken by the government of the country or other 
     entities within the country to support Iran's space, 
     aerospace, and ballistic missile activities, including the 
     transfer of missiles, engines, propellant or materials that 
     can be used for fuel, or other technologies that could make a 
     material contribution to development of space-launch vehicles 
     or ICBMs.
       (B) Any actions described in subparagraph (A) or proposals 
     for such actions being negotiated or discussed as of the date 
     of the report.
       (4) An assessment of Iran's ICBM technology, including the 
     following:

[[Page S4494]]

       (A) Key steps Iran would need to take to develop an ICBM.
       (B) An assessment of which rocket motors Iran would likely 
     use to build an ICBM.
       (C) Technological hurdles Iran would still need to overcome 
     to develop an ICBM.
       (D) Pathways to overcome the hurdles described in 
     subparagraph (C), including the potential transfer of 
     technologies from North Korea, the Russian Federation, or the 
     People's Republic of China.
       (E) An estimated timeline for Iran to develop an ICBM if 
     Iran chooses to do so.
       (b) Updates.--As new information becomes available and not 
     less frequently than annually, the Secretary shall submit to 
     the congressional defense committees an updated version of 
     the report required by subsection (a) that includes updated 
     information under paragraphs (1) through (4) of that 
     subsection.
       (c) Form.--Each report submitted under this section shall 
     be submitting in unclassified form, but may include a 
     classified annex.
       (d) Congressional Defense Committees Defined.--In this 
     section, the term ``congressional defense committees'' has 
     the meaning given that term in section 101(a)(16) of title 
     10, United States Code.

     SEC. 1714. REPORT ON SENIOR OFFICIALS OF GOVERNMENT OF IRAN 
                   RESPONSIBLE FOR SPACE-LAUNCH VEHICLE OR 
                   BALLISTIC MISSILE TESTS.

       (a) In General.--Not later than 30 days after the date on 
     which the President determines that the Government of Iran 
     has conducted a test of a space-launch vehicle or ballistic 
     missile, the President shall submit to the appropriate 
     congressional committees a notification that identifies each 
     senior official of the Government of Iran that the President 
     determines is responsible for ordering, controlling, or 
     otherwise directing the test.
       (b) Elements.--The notification required by subsection (a) 
     shall include--
       (1) available information on the ballistic missile or the 
     generic class of ballistic missile or space rocket that was 
     launched;
       (2) the trajectory, duration, range, and altitude of the 
     flight of the missile or rocket;
       (3) the duration, range, and altitude of the flight of each 
     stage of the missile or rocket;
       (4) the location of the launch point and impact point;
       (5) the payload; and
       (6) other technical information that is available.
       (c) Form.--The notification required by subsection (a) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Foreign 
     Relations, and Select Committee on Intelligence of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Financial Services, the Committee on Foreign Affairs, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.

 Subtitle B--Sanctions and Reports Relating to Iranian Unmanned Aerial 
                                Systems

     SEC. 1721. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) Iran has a robust unmanned aerial system program under 
     which Iran operates several unmanned aerial systems, 
     including combat drones, drones capable of conducting 
     intelligence, surveillance, and reconnaissance, and suicide 
     or kamikaze drones.
       (2) Iran has supplied thousands of unmanned aerial systems 
     to the Russian Federation, including several hundred of the 
     Shahed-136 suicide drone.
       (3) Iran and the Russian Federation are reportedly planning 
     to build 6,000 Geran-2 drones, the Russian-made version of 
     the Iranian Shahed-136, at a new facility in the Russian 
     Federation.
       (4) The Iranian supply of unmanned aerial systems to the 
     Russian Federation has fueled the Russian Federation's 
     murderous invasion of Ukraine and caused countless civilian 
     deaths.
       (5) The United States found parts made by more than a dozen 
     United States or western companies in an Iranian unmanned 
     aerial system downed in Ukraine, which are likely transferred 
     to Iran illegally.
       (6) Iran is also responsible for the proliferation of 
     unmanned aerial systems to terrorist groups in the Middle 
     East, including Hamas in Gaza, Hezbollah in Lebanon, and the 
     Houthis in Yemen, which have all employed drones in their 
     murderous attacks on Israel following the October 7, 2023, 
     terrorist attacks by Hamas in Israel, which killed more than 
     1,400 innocent civilians.
       (7) Iran's transfer of unmanned aerial systems to other 
     governments and terrorist groups has violated Annex B of 
     United Nations Security Council Resolution 2231 (2015) and 
     restrictions imposed under the Joint Comprehensive Plan of 
     Action, which expired on October 18, 2023.
       (8) Upon the expiration of those restrictions, Iran's 
     transfer of deadly unmanned aerial systems and ballistic 
     missiles to actors like Hamas and the Russian Federation 
     became legal under international law.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Iran's unmanned aerial system program contributes 
     significantly to the instability of the Middle East and 
     threatens the security of the United States and its partners 
     in the Middle East, including Israel;
       (2) the provision of Iranian unmanned aerial systems gives 
     the Russian Federation an advantage in its war in Ukraine and 
     contributes to the dangerous partnership between Iran and the 
     Russian Federation;
       (3) the expiration of restrictions under the Joint 
     Comprehensive Plan of Action and Annex B of United Nations 
     Security Council Resolution 2231 on October 18, 2023, helps 
     facilitate Iran's development and transfer of deadly unmanned 
     aerial systems and ballistic missiles to actors like Hamas 
     and the Russian Federation; and
       (4) the United States should seek to hinder Iran's unmanned 
     aerial system production, its transfer of such systems to the 
     Russian Federation, Hamas, and other hostile state and non-
     state actors, and to prevent the further use of United States 
     components in Iranian unmanned aerial systems.

     SEC. 1722. INCLUSION OF UNMANNED AERIAL SYSTEMS AND CRUISE 
                   MISSILES UNDER COMPREHENSIVE IRAN SANCTIONS, 
                   ACCOUNTABILITY, AND DIVESTMENT ACT OF 2010.

       (a) Findings.--Section 2(1) of the Comprehensive Iran 
     Sanctions, Accountability, and Divestment Act of 2010 (22 
     U.S.C. 8501(1)) is amended by striking ``and ballistic 
     missiles'' and inserting ``, ballistic missiles, and unmanned 
     aerial systems and cruise missiles''.
       (b) Inclusion in Goods, Services, and Technologies of 
     Diversion Concern.--Section 302(b)(1)(B) of the Comprehensive 
     Iran Sanctions, Accountability, and Divestment Act of 2010 
     (22 U.S.C. 8542(b)(1)(B)) is amended--
       (1) in clause (ii), by striking ``; or'' and inserting a 
     semicolon;
       (2) by redesignating clause (iii) as clause (iv); and
       (3) by inserting after clause (ii) the following:
       ``(iii) unmanned aerial system (as defined in section 1727 
     of the No ICBMs for Iran Act of 2024) or cruise missile 
     program; or''.
       (c) Sunset.--Section 401(a)(2) of the Comprehensive Iran 
     Sanctions, Accountability, and Divestment Act of 2010 (22 
     U.S.C. 8551(a)(2)) is amended by striking ``and ballistic 
     missiles and ballistic missile launch technology'' and 
     inserting ``, ballistic missiles and ballistic missile launch 
     technology, and unmanned aerial system (as defined in section 
     1727 of the No ICBMs for Iran Act of 2024) and cruise missile 
     programs.''.

     SEC. 1723. INCLUSION OF UNMANNED AERIAL SYSTEMS IN 
                   ENFORCEMENT OF ARMS EMBARGOS UNDER COUNTERING 
                   AMERICA'S ADVERSARIES THROUGH SANCTIONS ACT.

       Section 107(a)(1) of the Countering America's Adversaries 
     Through Sanctions Act (22 U.S.C. 9406(a)(1)) is amended by 
     inserting ``unmanned aerial systems (as defined in section 
     1727 of the No ICBMs for Iran Act of 2024),'' after 
     ``warships,''.

     SEC. 1724. INCLUSION OF UNMANNED AERIAL SYSTEMS UNDER IRAN-
                   IRAQ ARMS NON-PROLIFERATION ACT OF 1992.

       Section 1608(1) of the Iran-Iraq Arms Non-Proliferation Act 
     of 1992 (Public Law 102-484; 50 U.S.C. 1701 note) is amended 
     by inserting ``unmanned aerial systems (as defined in section 
     1727 of the No ICBMs for Iran Act of 2024),'' after ``cruise 
     missiles,''.

     SEC. 1725. STRATEGY TO COUNTER IRANIAN UNMANNED AERIAL 
                   SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report (with a 
     classified annex) that includes a strategy for countering 
     Iran's growing unmanned aerial systems program and its 
     transfer of unmanned aerial systems and related technology to 
     foreign states and non-state actors.
       (b) Plan to Prevent Iran Obtaining United States 
     Materials.--
       (1) In general.--The strategy required by subsection (a) 
     shall draw upon the work of the President Biden's interagency 
     task force investigating the presence of United States parts 
     in Iranian unmanned aerial systems to develop a plan for 
     preventing Iran from obtaining United States materials for 
     its unmanned aerial system program.
       (2) Elements.--The plan required by paragraph (1) shall 
     include the following:
       (A) A list of identified United States components found in 
     Iranian unmanned aerial systems and a list of United States 
     suppliers of those components.
       (B) An assessment of existing export controls for 
     components described in subparagraph (A) and a plan to 
     strengthen those export controls, including through any 
     necessary legislative action by Congress.
       (C) An investigation into and identification of foreign 
     actors, including individuals and government and 
     nongovernmental entities, that are supplying components to 
     the Iranian unmanned aerial system and weapons programs.
       (D) Strategies to deny supply chains for such components, 
     including any sanctions or other actions to target the 
     individuals or entities identified under subparagraph (C).
       (E) An identification of any additional authorities or 
     funding needed to enable the investigation of how Iran is 
     obtaining United States components for its unmanned aerial 
     system program.
       (F) An assessment of how the Bureau of Industry and 
     Security of the Department of Commerce is monitoring 
     compliance with their restrictions on Iranian unmanned aerial 
     system producers aimed at ensuring

[[Page S4495]]

     United States and other foreign-made components are not being 
     used in Iranian unmanned aerial systems.
       (G) An investigation into Iran's use of shell companies to 
     evade sanctions and restrictions on the use of United States 
     or other foreign-made components in Iranian unmanned aerial 
     system production.
       (H) Strategies to ensure United States manufacturers of 
     critical components for unmanned aerial systems can verify 
     the end users of those components.
       (I) Any other actions that could be use to disrupt Iran's 
     unmanned aerial system and weapons programs and its transfers 
     to foreign states and non-state actors.
       (c) Diplomatic Strategy.--The strategy required by 
     subsection (a) shall include a diplomatic strategy to 
     coordinate with allies of the United States to counter Iran's 
     unmanned aerial system production and transfer of unmanned 
     aerial systems and related technologies to foreign states and 
     non-state actors, including the following:
       (1) Coordination with respect to sanctions comparable to 
     the sanctions the United States is required to apply under 
     the amendments made by this subtitle.
       (2) Intelligence sharing with allies of the United States 
     to determine how Iran is obtaining western components for its 
     unmanned aerial system program.
       (3) Intelligence sharing with allies of the United States 
     to track, monitor, and disrupt Iranian transfers of its 
     unmanned aerial system technology to foreign states and non-
     state actors.
       (4) A plan to cooperate with allies of the United States to 
     develop or advance anti-unmanned aerial system equipment.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Foreign 
     Relations, and Select Committee on Intelligence of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Financial Services, the Committee on Foreign Affairs, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.

     SEC. 1726. REPORT ON SUPPORT FOR IRAN'S UNMANNED AERIAL 
                   SYSTEM PROGRAM AND RELATED TECHNOLOGY 
                   TRANSFERS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State, the Director of 
     National Intelligence, the Secretary of the Treasury, and the 
     Secretary of Commerce, shall submit to the congressional 
     defense committees a report that outlines the following:
       (1) Domestic industries, individuals, or entities in Iran 
     not subject to sanctions imposed by the United States as of 
     the date of the report that are helping to support Iran's 
     unmanned aerial system program, including both public and 
     private entities making a material contribution to Iran's 
     production of unmanned aerial systems.
       (2) A list of foreign states or non-state actors using 
     Iranian unmanned aerial system technology or looking to 
     purchase it, including any negotiations or discussions 
     ongoing as of the date of the enactment of this Act between 
     Iran and a foreign state or non-state actor to acquire such 
     technology from Iran.
       (3) An assessment of cooperation between Iran and the 
     People's Republic of China to develop, produce, acquire, or 
     export unmanned aerial system technology.
       (4) An assessment of cooperation between Iran and the 
     Russian Federation to develop, produce, acquire, or export 
     unmanned aerial system technology, including a status update 
     on Russian capabilities to produce Iranian unmanned aerial 
     systems.
       (5) An assessment on how the October 18, 2023, expiration 
     of sanctions and other restrictions under Annex B of United 
     Nations Security Council Resolution 2231 (2015) have or have 
     not increased cooperation between Iran and the Russian 
     Federation or Iran and the People's Republic of China 
     relating to transactions previously restricted under that 
     resolution.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Congressional Defense Committees Defined.--In this 
     section, the term ``congressional defense committees'' has 
     the meaning given that term in section 101(a)(16) of title 
     10, United States Code.

     SEC. 1727. UNMANNED AERIAL SYSTEM DEFINED.

       In this subtitle, the term ``unmanned aerial system''--
       (1) means an aircraft without a human pilot onboard that is 
     controlled by an operator remotely or programmed to fly 
     autonomously; and
       (2) includes--
       (A) unmanned vehicles that conduct intelligence, 
     surveillance, or reconnaissance operations;
       (B) unmanned vehicles that can loiter, such as suicide or 
     kamikaze drones; and
       (C) unmanned combat aerial vehicles.

          Subtitle C--Expansion of Iran Sanctions Act of 1996

     SEC. 1731. EXPANSION OF IRAN SANCTIONS ACT OF 1996.

       (a) Expansion of Sanctions With Respect to Weapons of Mass 
     Destruction and Conventional Weapons.--Section 5(b)(1) of the 
     Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 
     1701 note) is amended--
       (1) in the paragraph heading, by striking ``Exports, 
     transfers, and transshipments'' and inserting ``Weapons of 
     mass destruction and conventional weapons'';
       (2) in subparagraph (A), by striking ``the Iran Threat 
     Reduction and Syria Human Rights Act of 2012'' and inserting 
     ``the No ICBMs for Iran Act of 2024'';
       (3) in subparagraph (B)--
       (A) in clause (i), by striking ``would likely'' and 
     inserting ``may'';
       (B) in clause (ii)--
       (i) in subclause (I)--

       (I) by striking ``or develop'' and inserting ``develop, or 
     export''; and
       (II) by striking ``; or'' and inserting a semicolon;

       (ii) by redesignating subclause (II) as subclause (IV); and
       (iii) by inserting after subclause (I) the following:

       ``(II) acquire or develop ballistic missiles or ballistic 
     missile launch technologies;
       ``(III) acquire or develop unmanned aerial systems (as 
     defined in section 1727 of the No ICBMs for Iran Act of 
     2024); or''.

       (b) Sanctions With Respect to Space-launch and Ballistic 
     Missile Programs.--Section 5(b) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended by 
     adding at the end the following:
       ``(4) Space-launch and ballistic missile goods, services, 
     or technology.--
       ``(A) Transfer to iran.--Except as provided in subsection 
     (f), the President shall impose 5 or more of the sanctions 
     described in section 6(a) with respect to a person if the 
     President determines that the person, on or after the date of 
     the enactment of the No ICBMs for Iran Act of 2024, knowingly 
     exports, transfers, or permits or otherwise facilitates the 
     transshipment or reexport of goods, services, technology, or 
     other items to Iran that may support Iran's efforts to 
     acquire, develop, or export its space-launch programs, space-
     launch vehicles, or ballistic missiles or ballistic missile 
     launch technologies.
       ``(B) Development and support for development.--Except as 
     provided in subsection (f), the President shall impose 5 or 
     more of the sanctions described in section 6(a) with respect 
     to--
       ``(i) an agency or instrumentality of the Government of 
     Iran if the President determines that the agency or 
     instrumentality knowingly, on or after the date of the 
     enactment of the No ICBMs for Iran Act of 2024, seeks to 
     develop, procure, or acquire goods, services, or technology 
     that may support efforts by the Government of Iran with 
     respect to space-launch vehicle or ballistic missile-related 
     goods, services, and items listed on the Equipment, Software, 
     and Technology Annex of the Missile Technology Control Regime 
     (commonly referred to as the `MTCR Annex');
       ``(ii) a foreign person or an agency or instrumentality of 
     a foreign state (as defined in section 1603(b) of title 28, 
     United States Code) if the President determines that the 
     person or agency or instrumentality knowingly, on or after 
     such date of enactment, provides material support to the 
     Government of Iran that may support efforts by the Government 
     of Iran with respect to space-launch vehicle or ballistic 
     missile-related goods, services, and items listed on the MTCR 
     Annex; and
       ``(iii) a foreign person that the President determines 
     knowingly, on or after such date of enactment, engages in a 
     transaction or transactions with, or provides financial 
     services for, a foreign person or an agency or 
     instrumentality of a foreign state described in clause (i) or 
     (ii) with respect to space-launch vehicle or ballistic 
     missile-related goods, services, and items listed on the MTCR 
     Annex.
       ``(C) Congressional requests.--Not later than 30 days after 
     receiving a request from the chairman or ranking member of 
     the appropriate congressional committees with respect to 
     whether a person meets the criteria for the imposition of 
     sanctions under subparagraph (A) or (B), the President 
     shall--
       ``(i) determine if the person meets such criteria; and
       ``(ii) submit a report to the chairman or ranking member, 
     as the case may be, who submitted the request with respect to 
     that determination that includes a statement of whether or 
     not the President imposed or intends to impose sanctions with 
     respect to the person.''.
                                 ______
                                 
  SA 2205. Mr. COTTON 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 XI, insert the following:

     SEC. 11__. PROHIBITION ON PAYMENT OF ANNUITY TO DEPARTMENT OF 
                   DEFENSE CIVILIAN EMPLOYEES CONVICTED OF CERTAIN 
                   OFFENSES; REPORT.

       (a) In General.--Subchapter II of chapter 83 of title 5, 
     United States Code, is amended by inserting after section 
     8312 the following new section:

[[Page S4496]]

  


     ``Sec. 8312a. Conviction of Department of Defense civilian 
       employees of certain offenses

       ``(a) In General.--An individual, or a survivor or 
     beneficiary of an individual, may not be paid annuity on the 
     basis of the service of the individual as a civilian employee 
     of the Department of Defense which is creditable toward the 
     annuity if--
       ``(1) the individual was convicted of any offense against 
     the Department of Defense under chapter 11 (relating to 
     bribery, graft, and conflicts of interest), chapter 31 
     (relating to embezzlement and theft), or chapter 47 (relating 
     to fraud) of title 18;
       ``(2) the offense involved an amount of not less than 
     $10,000; and
       ``(3) the unlawful act that is the basis for the conviction 
     was committed--
       ``(A) on or after the date of enactment of this section, 
     including conduct that continued on or after such date; and
       ``(B) in connection with the individual's service.
       ``(b) Certification.--For a case described in subsection 
     (a), the Attorney General, in coordination with the Secretary 
     of Defense, shall certify to the agency paying the annuity of 
     the individual concerned that--
       ``(1) the individual was convicted as described in such 
     subsection and payment of annuity is barred; and
       ``(2) the due process rights of the individual were upheld 
     during the proceeding that resulted in the conviction.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 83 of such title is amended by inserting 
     after the item relating to section 8312 the following new 
     item:

``8312a. Conviction of Department of Defense civilian employees of 
              certain offenses.''.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report 
     outlining the feasibility and advisability of applying 
     section 8312a of title 5, United States Code, as added by 
     subsection (a), to all civilian employees of the Federal 
     Government.
                                 ______
                                 
  SA 2206. Mrs. CAPITO (for herself, Mr. Booker, Mr. Cornyn, Mr. Welch, 
Mr. Cramer, and Mr. Durbin) 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. __. SECOND CHANCE REAUTHORIZATION ACT OF 2024.

       (a) State and Local Reentry Demonstration Projects.--
     Section 2976 of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (34 U.S.C. 10631) is amended--
       (1) in subsection (b)--
       (A) in paragraph (7), by striking ``and'' at the end;
       (B) in paragraph (8), by striking the period at the end; 
     and
       (C) by adding at the end the following:
       ``(9) treating substance use disorders, including by 
     providing peer recovery services, case management, and access 
     to overdose education and overdose reversal medications; and
       ``(10) providing reentry housing services.''; and
       (2) in subsection (o)(1), by striking ``2019 through 2023'' 
     and inserting ``2025 through 2029''.
       (b) Grants for Family-based Substance Abuse Treatment.--
     Section 2926(a) of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (34 U.S.C. 10595a(a)) is amended by striking 
     ``2019 through 2023'' and inserting ``2025 through 2029''.
       (c) Grant Program to Evaluate and Improve Educational 
     Methods at Prisons, Jails, and Juvenile Facilities.--Section 
     1001(a)(28) of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (34 U.S.C. 10261(a)(28)) is amended by striking 
     ``2019, 2020, 2021, 2022, and 2023'' and inserting ``2025 
     through 2029''.
       (d) Careers Training Demonstration Grants.--Section 115(f) 
     of the Second Chance Act of 2007 (34 U.S.C. 60511(f)) is 
     amended by striking ``2019, 2020, 2021, 2022, and 2023'' and 
     inserting ``2025 through 2029''.
       (e) Offender Reentry Substance Abuse and Criminal Justice 
     Collaboration Program.--Section 201(f)(1) of the Second 
     Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is amended by 
     striking ``2019 through 2023'' and inserting ``2025 through 
     2029''.
       (f) Community-based Mentoring and Transitional Service 
     Grants to Nonprofit Organizations.--Section 211(f) of the 
     Second Chance Act of 2007 (34 U.S.C. 60531(f)) is amended by 
     striking ``2019 through 2023'' and inserting ``2025 through 
     2029''.
                                 ______
                                 
  SA 2207. Mr. SCHUMER 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. __. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF 
                   THE NAMES OF THE LOST CREW MEMBERS OF THE 
                   U.S.S. FRANK E. EVANS KILLED ON JUNE 3, 1969.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     authorize the inclusion on the Vietnam Veterans Memorial Wall 
     in the District of Columbia of the names of the 74 crew 
     members of the U.S.S. Frank E. Evans in service who were 
     killed on June 3, 1969.
       (b) Required Consultation.--The Secretary of Defense shall 
     consult with the Secretary of the Interior, the American 
     Battlefield Monuments Commission, and other applicable 
     authorities with respect to any adjustments to the 
     nomenclature and placement of names pursuant to subsection 
     (a) to address any space limitations on the placement of 
     additional names on the Vietnam Veterans Memorial Wall.
                                 ______
                                 
  SA 2208. Mr. SCHUMER (for himself and Mr. Rounds) 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 AND REPORT ON DEPARTMENT OF DEFENSE USE OF 
                   CHINESE-MADE UNMANNED GROUND VEHICLE SYSTEMS 
                   AND PROHIBITION ON DEPARTMENT OF DEFENSE 
                   PROCUREMENT AND OPERATION OF SUCH SYSTEMS.

       (a) Study and Report on Use in Department of Defense 
     Systems of Chinese-made Unmanned Ground Vehicle Systems and 
     Components.--
       (1) Study and report required.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall--
       (A) conduct a study on the use in Department of Defense 
     systems of covered unmanned ground vehicle systems and 
     critical electronic components of such systems relating to 
     the collection and transmission of sensitive information, 
     made by covered foreign entities; and
       (B) submit to the congressional defense committees a report 
     on the findings of the Secretary with respect to the study 
     conducted pursuant to subparagraph (A).
       (2) Elements.--The study conducted pursuant to paragraph 
     (1)(A) shall cover the following:
       (A) The extent to which covered unmanned ground vehicle 
     systems and critical electronic components of such systems 
     made by covered foreign entities are used by the Department.
       (B) The extent to which such systems and critical 
     electronic components are used by contractors of the 
     Departments.
       (C) The nature of the use described in subparagraph (B).
       (D) An assessment of the national security threats 
     associated with using such systems and components in health 
     care, critical infrastructure, and emergency applications of 
     the Department. Such assessment shall cover concerns relating 
     to the following:
       (i) Cybersecurity.
       (ii) Autonomous decision making.
       (iii) Technological maturity of the systems and components.
       (iv) Technological vulnerabilities in the systems and 
     components that may be exploited by foreign adversaries of 
     the United States.
       (E) Actions taken by the Department to identify and list 
     covered foreign entities that--
       (i) develop or manufacture covered unmanned ground vehicle 
     systems or components of such systems; and
       (ii) have a military-civil nexus on the list maintained by 
     the Department under section 1260H(b) of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283; 10 U.S.C. 113 note).
       (F) The feasibility and advisability of directing the 
     Defense Innovation Unit to develop a list of United States 
     manufacturers of covered unmanned ground vehicle systems and 
     components of such systems.
       (G) Such other matters as the Secretary considers 
     appropriate.
       (b) Prohibition on Procurement and Operation by Department 
     of Defense of Covered Unmanned Ground Vehicle Systems From 
     Covered Foreign Entities.--
       (1) Prohibition.--
       (A) In general.--Except as provided in paragraph (2), the 
     Secretary of Defense may not procure or operate any covered 
     unmanned ground vehicle system that--
       (i) is manufactured or assembled by a covered foreign 
     entity; or

[[Page S4497]]

       (ii) includes a critical electronic component of the system 
     relating to the collection and transmission of sensitive 
     information, that is manufactured or assembled by a covered 
     foreign entity.
       (B) Applicability to contracted services.--The prohibition 
     under subparagraph (A) with respect to the operation of 
     covered unmanned ground vehicles systems applies to any such 
     system that is being used by the Department of Defense 
     through the method of contracting for the services of such 
     systems.
       (2) Exception.--The Secretary of Defense is exempt from any 
     restrictions under subsection (a) in a case in which the 
     Secretary determines that the procurement or operation--
       (A) is required in the national interest of the United 
     States; and
       (B) is for the sole purposes of--
       (i) research, evaluation, training, testing, or analysis 
     for electronic warfare, information warfare operations, 
     cybersecurity, or the development of unmanned ground vehicle 
     system or counter-unmanned ground vehicle system technology; 
     or
       (ii) conducting counterterrorism or counterintelligence 
     activities, protective missions, Federal criminal or national 
     security investigations (including forensic examinations), 
     electronic warfare, information warfare operations, 
     cybersecurity activities, or the development of unmanned 
     ground vehicle system or counter-unmanned ground vehicle 
     system technology.
       (c) Definitions.--In this section:
       (1) Covered foreign country.--The term ``covered foreign 
     country'' means any of the following:
       (A) the People's Republic of China.
       (B) The Russian Federation.
       (C) The Islamic Republic of Iran.
       (D) The Democratic People's Republic of Korea
       (2) Covered foreign entity.--The term ``covered foreign 
     entity'' means an entity that is domiciled in a covered 
     foreign country or subject to influence or control by the 
     government of a covered foreign country, as determined by the 
     Secretary of Defense.
       (3) Covered unmanned ground vehicle system.--The term 
     ``covered unmanned ground vehicle system''--
       (A) means a mechanical device that--
       (i) is capable of locomotion, navigation, or movement on 
     the ground; and
       (ii) operates at a distance from one or more operators or 
     supervisors based on commands or in response to sensor data, 
     or through any combination thereof; and
       (B) includes--
       (i) remote surveillance vehicles, autonomous patrol 
     technologies, mobile robotics, and humanoid robots; and
       (ii) the vehicle, its payload, and any external devised 
     used to control the vehicle.
       (4) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 133 of title 41, United 
     States Code.
                                 ______
                                 
  SA 2209. Mr. SCHUMER 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. __. EXTENSION OF FENTANYL SANCTIONS ACT.

       (a) In General.--Section 7234 of the Fentanyl Sanctions Act 
     (21 U.S.C. 2334) is amended by striking ``7 years'' and 
     inserting ``14 years''.
       (b) Briefings on Implementation.--Section 7216 of the 
     Fentanyl Sanctions Act (21 U.S.C. 2316) is amended by 
     striking ``5 years'' and inserting ``10 years''.
       (c) Technical Correction.--The table of contents at the 
     beginning of title LXXII of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92) is 
     amended by inserting after the item relating to section 7213 
     the following new item:

``Sec. 7213A. Designation of transactions of sanctioned persons as of 
              primary money laundering concern.''.
                                 ______
                                 
  SA 2210. Mr. COTTON 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 XII, add the following:

           Subtitle G--Israel Security Assistance Support Act

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Israel Security 
     Assistance Support Act''.

     SEC. 1292. FINDINGS.

       Congress finds the following:
       (1) On October 7, 2023, Hamas terrorists launched a 
     massive, unprovoked war on Israel, killing over 1,200 
     innocent people and taking over 240 hostages, including 
     United States citizens.
       (2) Since October 7, 2023, Israel has faced attacks by Iran 
     and its proxies, including Hezbollah, Hamas, and the Houthis, 
     which have required significant military responses.
       (3) Under the terms of a 2016 Memorandum of Understanding, 
     the United States provides Israel with $3,800,000,000 per 
     year in security assistance and missile defense funding from 
     fiscal years 2019 through 2028, which is subject to the 
     approval of Congress.
       (4) Thus far in fiscal year 2024, Congress has enacted 
     regular and supplemental legislation appropriating 
     $12,500,000,000 in security assistance and missile defense 
     for Israel without any additional conditions.
       (5) Congress plays a vital role in oversight and approval 
     of direct commercial sales and foreign military sales to 
     security partners around the world, including Israel.
       (6) In May 2024, it was reported that President Biden 
     ordered a pause on certain defense articles ready for 
     imminent delivery to Israel, without having consulted with 
     Congress.
       (7) On May 8, 2024, President Biden stated, regarding 
     Israel, ``We're not going to supply the weapons and artillery 
     shells''.

     SEC. 1293. SENSE OF CONGRESS.

       It is the sense of Congress that Congress--
       (1) condemns the Biden Administration's decision to pause 
     certain arms transfers to Israel as Israel faces 
     unprecedented threats from Iran and its proxies, including 
     Hezbollah, Hamas, and the Houthis;
       (2) calls on the Biden Administration to allow all 
     previously approved arms transfers to Israel to proceed 
     quickly to ensure that Israel can defend itself and defeat 
     threats from Iran and its proxies, including Hezbollah, 
     Hamas, and the Houthis;
       (3) calls on the Biden Administration to utilize all 
     congressionally appropriated funds for security assistance 
     for Israel as Congress intended;
       (4) stands with Israel as it defends itself against the 
     barbaric war launched by Hamas and other terrorists; and
       (5) reaffirms Israel's right to self-defense.

     SEC. 1294. PROHIBITION.

       None of the funds appropriated or otherwise made available 
     under any Act appropriating funds for the Department of 
     Defense or the Department of State for fiscal year 2025 or 
     any prior years may be made available--
       (1) to withhold, halt, reverse, or cancel the delivery of 
     defense articles or defense services from the United States 
     to Israel; or
       (2) to pay the salary or expenses of any officer or 
     employee of the Department of Defense or the Department of 
     State who takes any action to support or further the 
     withholding, halting, reversal, or cancellation of the 
     delivery of such defense articles or services.

     SEC. 1295. PROMPT DELIVERY.

       (a) Prompt Delivery of Defense Articles and Services.--The 
     Secretary of Defense, in coordination with the Secretary of 
     State, shall ensure prompt delivery of all defense articles 
     and services for Israel that are expected to be delivered in 
     fiscal years 2024 and 2025, including--
       (1) those contracted through the Foreign Military Sales 
     system;
       (2) those supported by prior Acts making appropriations for 
     the Department of Defense; and
       (3) those provided pursuant to a declaration in section 
     506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2318(a)).
       (b) Prompt Delivery of Direct Commercial Sales.--The 
     Secretary of State shall ensure prompt approval and delivery 
     of all direct commercial sales of defense articles and 
     services for Israel that are expected to be delivered in 
     fiscal years 2024 and 2025, including those for the Ministry 
     of Public Security.
       (c) Prompt Delivery of Withheld Items.--Any defense article 
     and defense service described in subsection (a) or (b) of 
     this section that were withheld from delivery as of the date 
     of the enactment of this Act shall be delivered to Israel not 
     later than 15 days after the date of the enactment of this 
     Act.

     SEC. 1296. WITHHOLDING OF FUNDS.

       (a) Withholding of Department of Defense Funds.--None of 
     the unobligated balances of funds made available by prior 
     Acts making appropriations for the Department of Defense 
     under the heading ``Operation and Maintenance, Defense-Wide'' 
     for the immediate Office of the Secretary of Defense that are 
     available as of the date of the enactment of this Act may be 
     obligated or expended until the Secretary of Defense 
     certifies and reports to the Committee on Appropriations of 
     the House of Representatives and the Senate that the 
     requirements of section 1295(c) have been met.
       (b) Withholding of Department of State Funds.--None of the 
     unobligated balances of funds made available by prior Acts 
     making appropriations for the Department of State, Foreign 
     Operations, and Related Programs under the heading 
     ``Diplomatic Programs'' for the Office of the Secretary that 
     are available as of the date of the enactment of this Act may 
     be obligated or expended until the Secretary of State 
     certifies and reports to the Committee on Appropriations of 
     the House of Representatives and the Senate that the 
     requirements of section 1295(c) have been met.
       (c) Withholding of Financial Services and General 
     Government Funds.--None of

[[Page S4498]]

     the unobligated balances of funds made available by prior 
     Acts making appropriations for Financial Services and General 
     Government under the heading ``Executive Office of the 
     President and Funds Appropriated To the President--National 
     Security Council and Homeland Security Council'' that are 
     available as of the date of the enactment of this Act may be 
     obligated or expended until the President certifies and 
     reports to the Committee on Appropriations of the House of 
     Representatives and the Senate that the requirements of 
     section 1295(c) have been met.

     SEC. 1297. OBLIGATION REQUIREMENT.

       Notwithstanding any other provision of law, the Secretary 
     of Defense and the Secretary of State shall obligate any 
     remaining unobligated balances of funds appropriated or 
     otherwise made available for assistance for Israel not later 
     than 30 days after the date of the enactment of this Act.

     SEC. 1298. REPORTS.

       (a) Inspector General Report.--Not later than 90 days after 
     the date of the enactment of this Act, the Inspectors General 
     of the Department of Defense and the Department of State 
     shall jointly submit to Congress a report on any actions 
     taken by executive branch officials before the date of the 
     enactment of this Act to withhold, halt, reverse, or cancel 
     the delivery of defense articles and defense services to 
     Israel.
       (b) Monthly Security Assistance Report.--Not later than 30 
     days after the date of the enactment of this Act, and every 
     30 days thereafter through fiscal year 2025, the Secretary of 
     Defense, in coordination with the Secretary of State, shall 
     provide a written report to the Committees on Appropriations, 
     Armed Services, and Foreign Affairs of the House of 
     Representatives and the Committees on Appropriations, Armed 
     Services, and Foreign Relations of the Senate describing 
     United States security assistance provided to Israel since 
     October 7, 2023, including a comprehensive list of the 
     defense articles and services provided to Israel and the 
     associated authority and funding used to provide such 
     articles and services: Provided, That such report shall be 
     submitted in unclassified form, but may be accompanied by a 
     classified annex.
       (c) Report on Priority Defense Articles and Services.--Not 
     later than 30 days after the date of the enactment of this 
     Act, the Secretary of Defense, in coordination with the 
     Secretary of State, shall provide a written report to the 
     Committees on Appropriations, Armed Services, and Foreign 
     Affairs of the House of Representatives and the Committees on 
     Appropriations, Armed Services, and Foreign Relations of the 
     Senate describing urgent and high priority defense articles 
     and defense services for Israel and steps taken or planned to 
     expedite the delivery of such articles and services.
                                 ______
                                 
  SA 2211. Mr. COTTON 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. ILLEGITIMATE COURT COUNTER ACTION ACT.

       (a) Short Title.--This section may be cited as the 
     ``Illegitimate Court Counteraction Act''.
       (b) Findings.--Congress finds the following:
       (1) The United States and Israel are not parties to the 
     Rome Statute or members of the International Criminal Court, 
     and therefore the International Criminal Court has no 
     legitimacy or jurisdiction over the United States or Israel.
       (2) On May 20, 2024, the Prosecutor of the International 
     Criminal Court, Karim Khan, announced arrest warrant 
     applications for Israeli Prime Minister Benjamin Netanyahu 
     and Minister of Defense Yoav Gallant and should be condemned 
     in the strongest possible terms.
       (3) The bipartisan American Servicemembers' Protection Act 
     (22 U.S.C. 7421 et seq.) was enacted in 2002 to protect 
     United States military personnel, United States officials, 
     and officials and military personnel of certain allied 
     countries against criminal prosecution by an international 
     criminal court to which the United States is not party, 
     stating, ``In addition to exposing members of the Armed 
     Forces of the United States to the risk of international 
     criminal prosecution, the Rome Statute creates a risk that 
     the President and other senior elected and appointed 
     officials of the United States Government may be prosecuted 
     by the International Criminal Court.''.
       (4) The International Criminal Court's actions against 
     Israel are illegitimate and baseless, including the 
     preliminary examination and investigation of Israel and 
     applications for arrest warrants against Israeli officials, 
     which create a damaging precedent that threatens the United 
     States, Israel, and all United States partners who have not 
     submitted to the International Criminal Court's jurisdiction.
       (5) The United States must oppose any action by the 
     International Criminal Court against the United States, 
     Israel, or any other ally of the United States that has not 
     consented to International Criminal Court jurisdiction or is 
     not a state party to the Rome Statute.
       (c) Sanctions With Respect to the International Criminal 
     Court.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, and on an ongoing basis 
     thereafter, if the International Criminal Court is engaging 
     in any attempt to investigate, arrest, detain, or prosecute 
     any protected person, the President shall impose--
       (A) the sanctions described in paragraph (2) with respect 
     to any foreign person the President determines--
       (i) has directly engaged in or otherwise aided any effort 
     by the International Criminal Court to investigate, arrest, 
     detain, or prosecute a protected person;
       (ii) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services to or in support of any effort by the 
     International Criminal Court to investigate, arrest, detain, 
     or prosecute a protected person; or
       (iii) is owned or controlled by, or is currently acting or 
     purports to have acted, directly or indirectly, for or on 
     behalf of any person that directly engages in any effort by 
     the International Criminal Court to investigate, arrest, 
     detain, or prosecute a protected person; and
       (B) the sanctions described in paragraph (2)(B) with 
     respect to the immediate family members of each foreign 
     person who is subject to sanctions pursuant to subparagraph 
     (A).
       (2) Sanctions described.--The sanctions described in this 
     paragraph with respect to a foreign person described in 
     paragraph (1) are the following:
       (A) Property blocking.--The President shall exercise all of 
     the powers granted 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 any foreign person described in 
     paragraph (1)(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.
       (B) Aliens inadmissible for visas, admission, or parole.--
       (i) Visas, admission, or parole.--In the case of an alien 
     described in paragraph (1), the alien 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.).

       (ii) Current visas revoked.--

       (I) In general.--The visa or other entry documentation of 
     an alien described in subparagraph (A) shall be revoked, 
     regardless of when such visa or other entry documentation was 
     issued.
       (II) Immediate effect.--A revocation under clause (i) 
     shall--

       (aa) take effect immediately; and
       (bb) automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.
       (3) Implementation; penalties.--
       (A) 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.
       (B) 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.
       (4) Notification to congress.--Not later than 10 days after 
     any imposition of sanctions pursuant to paragraph (1), the 
     President shall brief and provide written notification to the 
     appropriate congressional committees regarding the imposition 
     of sanctions that shall include--
       (A) a description of the foreign person or persons subject 
     to the imposition of such sanctions, including the foreign 
     person's role at or relation to the International Criminal 
     Court;
       (B) a description of any activity undertaken by such 
     foreign person or persons in support of efforts to 
     investigate, arrest, detain, or prosecute any protected 
     person; and
       (C) the specific sanctions imposed on such foreign person 
     or persons.
       (5) Waiver.--
       (A) In general.--The President may, on a case-by-case basis 
     and for periods not to exceed 90 days each, waive the 
     application of sanctions imposed or maintained with respect 
     to a foreign person under this section if the President 
     submits to the appropriate congressional committees before 
     the waiver is to take effect a report that contains a 
     determination of the President that the waiver is vital to 
     the national security interests of the United States.
       (B) Contents.--Each report required by subparagraph (A) 
     with respect to a waiver of the application of sanctions 
     imposed or maintained with respect to a foreign person under 
     this section, or the renewal of such a waiver, shall 
     include--

[[Page S4499]]

       (i) a specific and detailed rationale for the determination 
     that the waiver is vital to the national security interests 
     of the United States;
       (ii) a description of the activity that resulted in the 
     foreign person being subject to sanctions; and
       (iii) a detailed description and list of actions the United 
     States has taken to--

       (I) stop the International Criminal Court from engaging in 
     any effort to investigate, arrest, detain, or prosecute all 
     protected persons; and
       (II) permanently close, withdraw, end, or otherwise 
     terminate any preliminary examination, investigation, or any 
     other effort to investigate, arrest, detain, or prosecute all 
     protected persons.

       (C) Form.--Each report required by subparagraph (A) shall 
     be submitted in unclassified form but may include a 
     classified annex.
       (6) Special rule.--The President may terminate the 
     sanctions with respect to the foreign persons described in 
     paragraph (1) if the President certifies in writing to the 
     appropriate congressional committees that the International 
     Criminal Court--
       (A) has ceased engaging in any effort to investigate, 
     arrest, detain, or prosecute all protected persons; and
       (B) has permanently closed, withdrawn, ended, and otherwise 
     terminated any preliminary examination, investigation, or any 
     other effort by the International Criminal Court to 
     investigate, arrest, detain, or prosecute all protected 
     persons.
       (d) Rescission of Funds for International Criminal Court.--
       (1) In general.--Effective on the date of the enactment of 
     this Act, any amounts appropriated for the International 
     Criminal Court and available for obligation as of such date 
     of enactment are hereby rescinded.
       (2) Prohibition on future appropriations.--On and after the 
     date of the enactment of this Act, no appropriated funds may 
     be used for the International Criminal Court.
       (e) Definitions.--In this section:
       (1) Admitted alien.--The terms ``admitted'' and ``alien'' 
     have the meanings given those terms in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Ally of the united states.--The term ``ally of the 
     United States'' means--
       (A) a government of a member country of the North Atlantic 
     Treaty Organization; or
       (B) a government of a major non-NATO ally, as that term is 
     defined by section 2013(7) of the American Service-Members' 
     Protection Act (22 U.S.C. 7432(7)).
       (3) Appropriate congressional committees defined.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on the 
     Judiciary of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Committee on the Judiciary of the 
     House of Representatives.
       (4) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (5) Immediate family member.--The term ``immediate family 
     member'', with respect to a foreign person, means the spouse, 
     parent, sibling, or adult child of the person.
       (6) International criminal court; rome statute.--The terms 
     ``International Criminal Court'' and ``Rome Statute'' have 
     the meaning given those terms in section 2013 of the American 
     Service-Members' Protection Act (22 U.S.C. 7432).
       (7) Protected person.--The term ``protected person'' 
     means--
       (A) any United States person, unless the United States 
     provides formal consent to International Criminal Court 
     jurisdiction and is a state party to the Rome Statute of the 
     International Criminal Court, including--
       (i) current or former members of the Armed Forces of the 
     United States;
       (ii) current or former elected or appointed officials of 
     the United States Government; and
       (iii) any other person currently or formerly employed by or 
     working on behalf of the United States Government; and
       (B) any foreign person that is a citizen or lawful resident 
     of an ally of the United States that has not consented to 
     International Criminal Court jurisdiction or is not a state 
     party to the Rome Statute of the International Criminal 
     Court, including--
       (i) current or former members of the Armed Forces of such 
     ally of the United States;
       (ii) current or former elected or appointed government 
     officials of such ally of the United States; and
       (iii) any other person currently or formerly employed by or 
     working on behalf of such a government.
       (8) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is 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.
                                 ______
                                 
  SA 2212. Mr. COONS (for himself, Ms. Murkowski, 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 appropriate place in title X, insert the following:

     SEC. ___. EXTENSION OF INCREASED DEPENDENCY AND INDEMNITY 
                   COMPENSATION TO SURVIVING SPOUSES OF VETERANS 
                   WHO DIE FROM AMYOTROPHIC LATERAL SCLEROSIS.

       (a) Extension.--Section 1311(a)(2) of title 38, United 
     States Code, is amended--
       (1) by inserting ``(A)'' before ``The rate''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) A veteran whom the Secretary determines died from 
     amyotrophic lateral sclerosis shall be treated as a veteran 
     described in subparagraph (A) without regard for how long the 
     veteran had such disease prior to death.''.
       (b) Applicability.--Subparagraph (B) of section 1311(a)(2) 
     of title 38, United States Code, as added by subsection (a), 
     shall apply to a veteran who dies from amyotrophic lateral 
     sclerosis on or after October 1, 2024.
                                 ______
                                 
  SA 2213. 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 end of subtitle H of title X, add the following:

     SEC. __. CONSUMER PRODUCT SAFETY STANDARD FOR CERTAIN 
                   BATTERIES.

       (a) Consumer Product Safety Standard Required.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Consumer Product Safety 
     Commission shall promulgate, under section 553 of title 5, 
     United States Code, a final consumer product safety standard 
     for rechargeable lithium-ion batteries used in micromobility 
     devices, including electric bicycles and electric scooters, 
     to protect against the risk of fires caused by such 
     batteries.
       (2) Inclusion of related equipment.--The standard 
     promulgated under paragraph (1) shall include requirements 
     with respect to equipment related to or used with 
     rechargeable lithium-ion batteries used in micromobility 
     devices, including battery chargers, charging cables, 
     external terminals on battery packs, external terminals on 
     micromobility devices, and free-standing stations used for 
     recharging.
       (b) CPSC Determination of Scope.--In promulgating the 
     standard under subsection (a), the Commission shall determine 
     the types of products subject to the standard and shall 
     ensure that such products are--
       (1) within the jurisdiction of the Commission; and
       (2) reasonably necessary to include to protect against the 
     risk of fires.
       (c) Modifications.--At any time after the promulgation of 
     the standard under subsection (a), the Commission may, 
     through a rulemaking under section 553 of title 5, United 
     States Code, modify the requirements of the standard.
       (d) Treatment of Standard.--A standard promulgated under 
     this section, including a modification of such standard, 
     shall be treated as a consumer product safety rule 
     promulgated under section 9 of the Consumer Product Safety 
     Act (15 U.S.C. 2058).
                                 ______
                                 
  SA 2214. Mr. MURPHY (for himself and Mr. Blumenthal) 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. SINGLE, UNIQUE ZIP CODE FOR SCOTLAND, CONNECTICUT.

       Not later than 180 days after the date of enactment of this 
     Act, the United States Postal Service shall designate a 
     single, unique ZIP Code, to be numbered 06264, applicable to 
     the area encompassing solely Scotland, Connecticut.
                                 ______
                                 
  SA 2215. Mr. PETERS 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

[[Page S4500]]

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

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

     SEC. ___. LARGE AND MEDIUM FIXED-WING UNMANNED AIRCRAFT AND 
                   UNMANNED AIRCRAFT SYSTEM PILOT PROGRAM.

       (a) Pilot Program Authorized.--The Secretary shall, in 
     coordination with the Administrator of the Federal Aviation 
     Administration, carry out a pilot program to assess the 
     feasibility and advisability of conducting flights of large 
     and medium unmanned aircraft and unmanned aircraft systems in 
     high- or medium-density complex airspace environments.
       (b) Locations.--
       (1) In general.--The Secretary shall carry out a pilot 
     program under subsection (a) in the United States.
       (2) Airports.--In carrying out the pilot program required 
     by subsection (a), the Secretary may select 5 airports from 
     which unmanned aircraft and unmanned aircraft systems 
     participating in the pilot program may depart, arrive, and be 
     housed, of which one airport shall be an airport that is 
     collocated with--
       (A) an existing U.S. Border Patrol sector headquarters;
       (B) an Air and Marine Operations branch; and
       (C) a Coast Guard air station.
       (c) Testing.--In carrying out the pilot program required by 
     subsection (a), the Secretary shall test large and medium 
     unmanned aircraft and unmanned aircraft systems operations 
     and advanced air mobility airspace integration, flight 
     verification, and validation.
       (d) Use of Aircraft.--In carrying out the pilot program 
     required by subsection (a), the Secretary may use large and 
     medium unmanned aircraft and unmanned aircraft systems 
     procured by the Department of Defense.
       (e) Coordination With Other Agency Heads.--In carrying out 
     the pilot program required by subsection (a), the Secretary 
     may coordinate with the heads of other Executive agencies to 
     conduct joint large and medium unmanned aircraft and unmanned 
     aircraft system operations using the unmanned aircraft and 
     unmanned aircraft systems and facilities of the respective 
     Executive agency at the pilot program locations selected by 
     the Secretary for purposes of the pilot program, subject to 
     the approval of those heads of other Executive agencies.
       (f) Annual Briefing.--Not later than one year after the 
     date of the enactment of this Act, and annually thereafter 
     for 4 years, the Secretary and the Administrator of the 
     Federal Aviation Administration shall jointly provide a 
     briefing to the appropriate committees of Congress on the 
     activities carried out under this section.
       (g) Rule of Construction.--Nothing in this section shall be 
     construed to affect the existing authorities of the 
     Administrator of the Federal Aviation Administration related 
     to unmanned aircraft system integration or the safety and 
     efficiency of the national airspace system.
       (h) Termination.-- The requirement to carry out the pilot 
     program authorized by subsection (a) shall terminate 6 years 
     after the date of the enactment of this Act.
       (i) Definitions.--In this section:
       (1) The term ``advanced air mobility'' has the meaning 
     given the term in section 2(i) of the Advanced Air Mobility 
     Coordination and Leadership Act (Public Law 117-203; 49 
     U.S.C. 40101 note).
       (2) The term ``airport'' has the meaning given the term in 
     section 47102 of title 49, United Sates Code.
       (3) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Transportation and Infrastructure, and the Committee on 
     Homeland Security of the House of Representatives.
       (4) The term ``congressional defense committees'' has the 
     meaning given the term in section 101(a) of title 10, United 
     States Code.
       (5) The term ``Department'' means the Department of 
     Defense.
       (6) The term ``Secretary'' means the Secretary of Defense.
       (7) The terms ``unmanned aircraft'' and ``unmanned aircraft 
     system'' have the meanings given those terms in section 44801 
     of title 49, United States Code.
                                 ______
                                 
  SA 2216. Mr. CARDIN (for himself, Mr. Boozman, Ms. Rosen, Mr. Cruz, 
Mr. Peters, Mr. Scott of Florida, Mr. Merkley, and Mr. Wyden) 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. FHA INFORMED CONSUMER CHOICE DISCLOSURE.

       (a) Inclusion of Information Relating to VA Loans.--Section 
     203(f)(2)(A) of the National Housing Act (12 U.S.C. 
     1709(f)(2)(A)) is amended--
       (1) by inserting ``(i)'' after ``loan-to-value ratio''; and
       (2) by inserting before the semicolon the following: ``, 
     and (ii) in connection with a loan guaranteed or insured 
     under chapter 37 of title 38, United States Code, assuming 
     prevailing interest rates''.
       (b) Rule of Construction.--Nothing in the amendments made 
     by subsection (a) shall be construed to require an original 
     lender to determine whether a prospective borrower is 
     eligible for any loan included in the notice required under 
     section 203(f) of the National Housing Act (12 U.S.C. 
     1709(f)).
                                 ______
                                 
  SA 2217. Mr. REED (for himself and Mr. Wicker) 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 V, insert the following:

     SEC. __. CLARIFYING AMENDMENT TO ARTICLE 2 OF THE UNIFORM 
                   CODE OF MILITARY JUSTICE.

       Section 802(a)(14) of title 10, United States Code (article 
     2(a)(14) of the Uniform Code of Military Justice), is amended 
     by inserting ``20601 or'' before ``20603''.
                                 ______
                                 
  SA 2218. Mr. TESTER (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. LIMITATION ON MODIFICATION OF RATE OF PAYMENT OR 
                   REIMBURSEMENT FOR TRANSPORTATION OF VETERANS OR 
                   OTHER INDIVIDUALS VIA SPECIAL MODES OF 
                   TRANSPORTATION.

       (a) In General.--Except as provided in subsection (b), no 
     funds appropriated by this Act may be used to modify the rate 
     of payment or reimbursement for transportation of a veteran 
     or other individual via a special mode of transportation 
     under the laws administered by the Secretary of Veterans 
     Affairs as of January 1, 2024.
       (b) Exceptions.--
       (1) Increase of rate.--The Secretary may use funds 
     appropriated by this Act to modify the rate of payment or 
     reimbursement for transportation of a veteran or other 
     individual via a special mode of transportation under the 
     laws administered by the Secretary if such a change would 
     increase such rate of payment or reimbursement.
       (2) Decrease of rate.--
       (A) Review and development of process.--The Secretary may 
     use funds appropriated by this Act to decrease the rate of 
     payment or reimbursement for transportation of a veteran or 
     other individual via a special mode of transportation under 
     the laws administered by the Secretary if the following 
     requirements are met before the effective date of such 
     decrease:
       (i) The Secretary conducts a thorough review and analysis 
     of such decrease with respect to the following:

       (I) The economic impact of such decrease on the Department.
       (II) The economic impact of such decrease on the 
     appropriate industry associated with the special mode of 
     transportation or special modes of transportation in 
     question.
       (III) The impact of such decrease on access to care for 
     veterans.

       (ii) The Secretary develops a formal process for updating 
     such rate of payment or reimbursement that would protect or 
     expand the current level of access reviewed and analyzed 
     under clause (i)(III).
       (iii) The Secretary conducts the review and analysis under 
     clause (i) and develops the process under clause (ii) in 
     consultation with a committee comprised of representation 
     from the following:

       (I) Relevant industry experts.
       (II) The Centers for Medicare & Medicaid Services.
       (III) Appropriate subject matter experts of the Department 
     of Veterans Affairs in the areas of transportation, access to 
     care, integrated veteran care, rural veterans, native 
     veterans, and any other areas as determined appropriate by 
     the Secretary.
       (IV) Veterans service organizations.

       (iv) The Secretary confirms that the new rate reflects, at 
     a minimum, the actual costs of transportation.
       (B) Additional requirements before rate decrease.--If a 
     decrease permitted under subparagraph (A) to the rate of 
     payment or reimbursement for transportation of a veteran or 
     other individual via a special mode of transportation under 
     the laws administered by the Secretary would allow for the 
     establishment of a contracted rate different from the 
     established rate of the Department, not later than two years 
     before the effective date of such change, the Secretary 
     shall--

[[Page S4501]]

       (i) establish a template and standardized process for such 
     contracts and submit such template and standardized process 
     to Congress for feedback; and
       (ii) issue guidance regarding such template and 
     standardized process across appropriate entities within the 
     Department and across the industry associated with the 
     special mode of transportation or special modes of 
     transportation covered by such contract.
       (c) Definitions.--In this section:
       (1) Special mode of transportation.--The term ``special 
     mode of transportation'' has the meaning given that term in 
     section 70.2 of title 38, Code of Federal Regulations, or 
     successor regulations.
       (2) Veterans service organization.--The term ``veterans 
     service organization'' means any organization recognized by 
     the Secretary of Veterans Affairs for the representation of 
     veterans under section 5902 of title 38, United States Code.
                                 ______
                                 
  SA 2219. Mr. TESTER (for himself and Mr. Boozman) 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 PERSONNEL 
                   TRANSPARENCY.

       (a) In General.--Section 505 of the John S. McCain III, 
     Daniel K. Akaka, and Samuel R. Johnson VA Maintaining 
     Internal Systems and Strengthening Integrated Outside 
     Networks Act of 2018 (Public Law 115-182; 38 U.S.C. 301 note) 
     is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the matter before subparagraph (A), by striking 
     ``information,'' and all that follows through ``facility:'' 
     and inserting ``information:'';
       (ii) in subparagraph (B)--

       (I) by inserting ``(i)'' before ``The number''; and
       (II) by adding at the end the following new clause:

       ``(ii) All historical data under this subparagraph shall be 
     updated at each quarterly reporting under paragraph (3) to 
     account for delays in data processing and to reflect the most 
     recently available data.'';
       (iii) in subparagraph (C), by striking ``vacancies, by 
     occupation.'' and inserting ``positions currently undergoing 
     a recruitment action, disaggregated by occupation and by 
     stage of recruitment, including Manager Request Initiation 
     Stage, recruitment stage, onboarding stage, and waiting to 
     start stage, or successor stages if modified.'';
       (iv) in subparagraph (E)(iii), by striking ``potential 
     hires or''; and
       (v) by adding at the end the following new subparagraph:
       ``(F) The number of positions vacated during the quarter 
     for which the Department has not initiated a recruitment 
     action, including the date the position was vacated, 
     disaggregated by occupation, with quarterly updates 
     reflecting the most recently available data to account for 
     delays in data processing.'';
       (B) by redesignating paragraph (5) as paragraph (6);
       (C) by inserting after paragraph (4) the following new 
     paragraph (5):
       ``(5) Display of information.--The display of information 
     made publicly available on an Internet website of the 
     Department pursuant to paragraph (1), shall be 
     disaggregated--
       ``(A) by departmental component;
       ``(B) in the case of information relating to Veterans 
     Health Administration positions, by medical facility;
       ``(C) in the case of information relating to Veterans 
     Benefits Administration positions, by regional office;
       ``(D) in the case of information relating to the National 
     Cemetery Administration, by location; and
       ``(E) in the case of information relating to the Board of 
     Veterans Appeals, separately from data relating to the 
     Veterans Health Administration, the Veterans Benefits 
     Administration, and the National Cemetery Administration.''; 
     and
       (D) in paragraph (6), as redesignated by subparagraph (B), 
     by striking ``shall'' and all that follows and inserting 
     ``shall--
       ``(A) review the administration of the website required 
     under paragraph (1);
       ``(B) develop recommendations relating to the improvement 
     of such administration; and
       ``(C) submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report containing--
       ``(i) the findings of the Inspector General with respect to 
     the most recent review conducted under subparagraph (A); and
       ``(ii) the recommendations most recently developed under 
     subparagraph (B).''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Annual Report.--Each year, the Secretary shall submit 
     to Congress an annual report that includes the following:
       ``(1) A description of the steps the Department is taking 
     to achieve full staffing capacity.
       ``(2) A description of the actions the Department is taking 
     to improve the onboard timeline for facilities of the 
     Department, including--
       ``(A) in the case of facilities of the Veterans Health 
     Administration, for facilities for which the duration of the 
     onboarding process exceeds the metrics laid out in the Time 
     to Hire Model of the Veterans Health Administration, or 
     successor model; and
       ``(B) in the case of Veterans Benefits Administration, for 
     regional offices that exceed the time-to-hire target of the 
     Office of Personnel Management.
       ``(3) The amount of additional funds necessary to enable 
     the Department to reach full staffing capacity.
       ``(4) Such recommendations for legislative or 
     administrative action as the Secretary may have in order to 
     achieve full staffing capacity at the Department.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to the first update under 
     section 505(a)(3) of such Act beginning after the date of the 
     enactment of this Act and each update thereafter.
                                 ______
                                 
  SA 2220. Mr. TESTER 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 E of title V, add the following:

     SEC. 562. ESTABLISHMENT OF COUNSELING PATHWAY IN THE 
                   TRANSITION ASSISTANCE PROGRAM FOR MEMBERS OF 
                   THE RESERVE COMPONENTS OF THE ARMED FORCES.

       Section 1142(c)(1) of title 10, United States Code, is 
     amended, in the matter preceding subparagraph (A), by 
     inserting ``(including one pathway for members of the reserve 
     components)'' after ``military department concerned''.
                                 ______
                                 
  SA 2221. Mr. TESTER (for himself and Mr. Boozman) 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. ___. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY 
                   COMPENSATION FOR SURVIVING SPOUSES.

       (a) Increase.--Section 1311(a) of title 38, United States 
     Code, is amended in paragraph (1), by striking ``of $1,154'' 
     and inserting ``equal to 55 percent of the rate of monthly 
     compensation in effect under section 1114(j) of this title''.
       (b) Effective Date.--
       (1) In general.--Except as provided by paragraph (2), the 
     amendments made by subsection (a) shall apply with respect to 
     compensation paid under chapter 13 of title 38, United States 
     Code, for months beginning after the date that is six months 
     after the date of the enactment of this Act.
       (2) Special rule for certain individuals.--
       (A) In general.--For months beginning after the date that 
     is six months after the date of the enactment of this Act, 
     the Secretary of Veterans Affairs shall pay to an individual 
     described in subparagraph (B) dependents and survivors income 
     security benefit under section 1311 of title 38, United 
     States Code, in the monthly amount that is the greater of the 
     following:
       (i) The amount determined under subsection (a)(3) of such 
     section 1311, as in effect on the day before the date of the 
     enactment of this Act.
       (ii) The amount determined under subsection (a)(1) of such 
     section 1311, as amended by subsection (a).
       (B) Individuals described.--An individual described in this 
     subparagraph is an individual eligible for dependents and 
     survivors income security benefit under section 1311 of title 
     38, United States Code, that is predicated on the death of a 
     veteran before January 1, 1993.

     SEC. ___. MODIFICATION OF REQUIREMENTS FOR DEPENDENCY AND 
                   INDEMNITY COMPENSATION FOR SURVIVORS OF CERTAIN 
                   VETERANS RATED TOTALLY DISABLED AT TIME OF 
                   DEATH.

       Section 1318 of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``The Secretary'' and inserting ``(1) 
     Except as provided in paragraph (2), the Secretary''; and
       (B) by adding at the end the following new paragraph:
       ``(2) In any case in which the Secretary makes a payment 
     under paragraph (1) of this subsection by reason of 
     subsection (b)(1) and the period of continuous rating 
     immediately preceding death is less than 10 years, the

[[Page S4502]]

     amount payable under paragraph (1) of this subsection shall 
     be an amount that bears the same relationship to the amount 
     otherwise payable under such paragraph as the duration of 
     such period bears to 10 years.''; and
       (2) in subsection (b)(1), by striking ``10 or more years'' 
     and inserting ``five or more years''.
                                 ______
                                 
  SA 2222. Mr. TESTER (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 appropriate place in title X, insert the following:

     SEC. 10__. TECHNICAL CORRECTION TO ELIGIBILITY FOR COUNSELING 
                   AND TREATMENT FOR MILITARY SEXUAL TRAUMA TO 
                   INCLUDE ALL FORMER MEMBERS OF THE RESERVE 
                   COMPONENTS OF THE ARMED FORCES.

       Section 1720D of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``a physical assault of a 
     sexual nature'' and all that follows through the period at 
     the end and inserting ``military sexual trauma.''; and
       (B) in paragraph (2)(A), by striking ``that was suffered by 
     the member while serving on duty, regardless of duty status 
     or line of duty determination (as that term is used in 
     section 12323 of title 10)''; and
       (2) by striking subsections (f) and (g) and inserting the 
     following new subsection (f):
       ``(f) In this section:
       ``(1) The term `former member of the Armed Forces' means a 
     person who served on active duty, active duty for training, 
     or inactive duty training, and who was discharged or released 
     therefrom under any condition that is not--
       ``(A) a discharge by court-martial; or
       ``(B) a discharge subject to a bar to benefits under 
     section 5303 of this title.
       ``(2) The term `military sexual trauma' means, with respect 
     to a former member of the Armed Forces, a physical assault of 
     a sexual nature, battery of a sexual nature, or sexual 
     harassment which occurred while the former member of the 
     Armed Forces was serving on duty, regardless of duty status 
     or line of duty determination (as that term is used in 
     section 12323 of title 10).
       ``(3) The term `sexual harassment' means unsolicited verbal 
     or physical contact of a sexual nature which is threatening 
     in character.''.
                                 ______
                                 
  SA 2223. Ms. STABENOW 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 VIII, add the following:

     SEC. 855. MODIFICATION TO INTERAGENCY REVIEWS OF MEMORANDA OF 
                   UNDERSTANDING.

       Section 4851(b) of title 10, United States Code, is 
     amended--
       (1) by striking ``may request'' and inserting ``shall 
     request''; and
       (2) by adding at the end the following: ``The Secretary 
     shall request periodic inter-agency reviews of memoranda of 
     understanding or related agreements to ensure that each such 
     memorandum or agreement in effect is reviewed not less 
     frequently than once every five years.''.
                                 ______
                                 
  SA 2224. Mr. HAWLEY 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 B of title XXVIII, add the 
     following:

     SEC. 2823. REPORT ON PLAN TO REPLACE HOUSES AT FORT LEONARD 
                   WOOD, MISSOURI.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of the Army shall submit to Congress 
     an unclassified report on the plan of the Army to replace all 
     1,142 houses at Fort Leonard Wood that the Army has 
     designated as being in need of repair.
                                 ______
                                 
  SA 2225. Mr. HAWLEY 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 598A(a), in the matter proposed to be inserted 
     as subsection (a) of section 3 of the Military Selective 
     Service Act, strike ``citizen of the United States, and every 
     other person'' and insert ``male citizen of the United 
     States, and every other male person''.
                                 ______
                                 
  SA 2226. Mr. HAWLEY 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 VIII, add the following:

                 Subtitle F--Time to Choose Act of 2024

     SEC. 894. SHORT TITLE.

       This subtitle may be cited as the ``Time to Choose Act of 
     2024''.

     SEC. 895. FINDINGS.

       Congress makes the following findings:
       (1) The Department of Defense and other agencies in the 
     United States Government regularly award contracts to firms 
     that are simultaneously providing consulting services to 
     foreign governments and proxies or affiliates thereof.
       (2) The provision of such consulting services to covered 
     foreign entities may support efforts by certain foreign 
     governments to generate economic and military power that they 
     can then use to undermine the economic and national security 
     of the American people.
       (3) It is a conflict of interest for consulting firms to 
     simultaneously aid in the efforts of certain foreign 
     governments to undermine the economic and national security 
     of the United States while they are simultaneously 
     contracting with Federal agencies responsible for protecting 
     and defending the United States from foreign threats.
       (4) Firms should be prevented from engaging in such a 
     conflict of interest and should instead be required to choose 
     between aiding the efforts of certain foreign governments or 
     helping the United States Government to support and defend 
     its citizens.

     SEC. 896. PROHIBITION ON FEDERAL CONTRACTING WITH ENTITIES 
                   THAT ARE SIMULTANEOUSLY AIDING IN THE EFFORTS 
                   OF COVERED FOREIGN ENTITIES.

       (a) In General.--In order to end conflicts of interest in 
     Federal contracting among consulting firms that 
     simultaneously contract with the United States Government and 
     covered foreign entities, the Federal Acquisition Regulatory 
     Council shall, not later than 1 year after the date of the 
     enactment of this Act, amend the Federal Acquisition 
     Regulation--
       (1) to require any entity that makes an offer or quotation 
     to provide consulting services to an executive agency, 
     including services described in the North American Industry 
     Classification System's Industry Group code 5416, prior to 
     entering into a Federal contract, to certify that neither it 
     nor any of its subsidiaries or affiliates hold a consulting 
     contract with one or more covered foreign entities; and
       (2) to prohibit Federal contracts for consulting services 
     from being awarded to an entity that provides consulting 
     services, including services described under the North 
     American Industry Classification System's Industry Group code 
     5416 if the entity or any of its subsidiaries or affiliates 
     are determined, based on the self-certification required 
     under paragraph (1), to be a contractor of, or are otherwise 
     providing consulting services to, a covered foreign entity.
       (b) Waiver.--
       (1) In general.--Subject to the limitations in paragraph 
     (2), the head of an executive agency may waive the conflict 
     of interest restrictions under this section on a case-by-case 
     basis if--
       (A) the agency head, in consultation with the Secretary of 
     Defense and the Director of National Intelligence, determines 
     the waiver to be in the national security interests of the 
     United States;
       (B) the agency head determines that no other entity without 
     a conflict of interest under this section can perform the 
     work for the Federal contract;
       (C) the head of the executive agency submits to the 
     Director of the Office of Management and Budget a 
     notification of such waiver at least 5 days prior to issuing 
     the waiver;
       (D) the head of the executive agency submits to the 
     appropriate congressional committees a notification of such 
     waiver within 30 days in unclassified form (accompanied by a 
     classified annex if necessary) and offers a briefing to those 
     committees on the information included in the notification; 
     and
       (E) the contracting agency publishes in an easily 
     accessible location on the agency's public website a list of 
     the names of the covered foreign entities to which the entity 
     receiving a waiver provides consulting services, unless the 
     head of the applicable executive agency, with the approval of 
     the Director of the Office of Management and Budget, and in 
     consultation with the Secretary of Defense and Director of 
     National Intelligence, determines that such public disclosure 
     would directly harm the national security interests of the 
     United States.

[[Page S4503]]

       (2) Limitations.--
       (A) Duration.--A waiver granted under paragraph (1) shall 
     last for a period of not more than 365 days. The head of the 
     applicable executive agency, with the approval of the 
     Director of the Office of Management and Budget, and in 
     consultation with the Secretary of Defense and Director of 
     National Intelligence, may extend a waiver granted under such 
     paragraph one time, for a period up to 180 days after the 
     date on which the waiver would otherwise expire, if such an 
     extension is in the national security interests of the United 
     States and the Director submits to the appropriate 
     congressional committees a notification of such waiver and 
     offers a briefing to those committees on the information 
     included in the notification.
       (B) Number.--Not more than one total waiver across all 
     executive agencies may be granted under paragraph (1) to a 
     single entity at a given time.
       (C) Notification requirements.--The notification required 
     under subparagraphs (C) and (D) of paragraph (1) shall 
     include the following information:
       (i) Information on the contractor, including--

       (I) the name, address, and corporate structure of the 
     contractor;
       (II) the name, address, and corporate structure of any 
     subsidiaries or subcontractors involved;
       (III) all foreign ownership of the contractor;
       (IV) all foreign real estate owned by the contractor; and
       (V) an employee designated as responsible for managing any 
     conflict of interests that may arise as part of the contract.

       (ii) Information on the covered foreign entities involved 
     to the extent known by the contractor, including--

       (I) the name and address of the covered foreign entity;
       (II) the name and address of any subsidiaries or 
     subcontractors involved;
       (III) a complete history of any contracts between the 
     covered foreign entity and the contractor;
       (IV) all ownership of the covered foreign entity; and
       (V) any legal authorities providing a foreign government 
     with access or control over the covered foreign entity.

       (iii) Information on the nature of the work performed for 
     the covered foreign entities, including--

       (I) the projected and actual dollar value of the contract;
       (II) the projected and actual duration of the contract;
       (III) the projected and actual number of employees to work 
     on the contract;
       (IV) the projected and actual number of employees who are 
     United States citizens who work on the contract;
       (V) the projected and actual number of employees who 
     currently or formerly held security clearances with the 
     United States Government who work on the contract;
       (VI) the subject matter of the contract;
       (VII) any materials provided to the covered foreign entity 
     in order to secure the contract;
       (VIII) any tracking number used by the covered foreign 
     entity to identify the contract;
       (IX) any tracking number or information used by the 
     contractor to identify the contract; and
       (X) any military or intelligence applications that could 
     benefit from the contract.

       (iv) Justification of the executive agency's need for 
     providing the waiver.
       (v) An acceptable management oversight plan to ensure that 
     the work performed for the covered foreign entities does not 
     compromise the work being performed for the Federal 
     Government or harm the national security of the United 
     States, to be approved at not lower than the Deputy Secretary 
     level at the contracting agency.
       (3) Contractor reporting.--The executive agency granting a 
     waiver under this subsection shall require the contractor, in 
     the event the contractor identifies any of the following 
     during the performance of the contract, to report the 
     following information to the executive agency:
       (A) Any human rights violations that are known to the 
     contractor through information provided to the contractor in 
     the course of the contract.
       (B) Any religious liberty violations that are known to the 
     contractor through information provided to the contractor in 
     the course of the contract.
       (C) Any risks to United States economic or national 
     security identified by the contractor in the course of the 
     contract.

     SEC. 897. PENALTIES FOR FALSE INFORMATION.

       (a) Termination, Suspension, and Debarment.--If the head of 
     an executive agency determines that a consulting firm 
     described in section 896(a)(1) has knowingly submitted a 
     false certification or information on or after the date on 
     which the Federal Acquisition Regulatory Council amends the 
     Federal Acquisition Regulation pursuant to such section, the 
     head of the executive agency shall terminate the contract 
     with the consulting firm and consider suspending or debarring 
     the firm from eligibility for future Federal contracts in 
     accordance with subpart 9.4 of the Federal Acquisition 
     Regulation.
       (b) False Claims Act.--A consulting firm described in 
     section 896(a)(1) that, for the purposes of the False Claims 
     Act, knowingly hides or misrepresents one or more contracts 
     with covered foreign entities, or otherwise violates the 
     False Claims Act, shall be subject to the penalties and 
     corrective actions described in the False Claims Act, 
     including liability for three times the amount of damages 
     which the United States Government sustains.

     SEC. 898. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Oversight and Accountability of the 
     House of Representatives.
       (2) Consulting services.--The term ``consulting services'' 
     means advisory or assistance services similar to those 
     defined in Federal Acquisition Regulation 2.101, but for the 
     purposes of this Act includes services provided to covered 
     foreign entities, except that the term does not include the 
     provision of products or services related to--
       (A) compliance with legal, audit, accounting, tax, 
     reporting, or other requirements of the laws and standards of 
     countries; or
       (B) participation in a judicial, legal, or equitable 
     dispute resolution proceeding.
       (3) Covered foreign entity.--The term ``covered foreign 
     entity'' means any of the following:
       (A) The Government of the People's Republic of China, the 
     Chinese Communist Party, the People's Liberation Army, the 
     Ministry of State Security, or other security service or 
     intelligence agency of the People's Republic of China.
       (B) The Government of the Russian Federation or any entity 
     sanctioned by the Secretary of the Treasury under Executive 
     Order 13662 titled ``Blocking Property of Additional Persons 
     Contributing to the Situation in Ukraine'' (79 Fed. Reg. 
     16169).
       (C) The government of any country if the Secretary of State 
     determines that such government has repeatedly provided 
     support for acts of international terrorism pursuant to any 
     of the following:
       (i) Section 1754(c)(1)(A) of the Export Control Reform Act 
     of 2018 (50 U.S.C. 4318(c)(1)(A)).
       (ii) Section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371).
       (iii) Section 40 of the Arms Export Control Act (22 U.S.C. 
     2780).
       (iv) Any other provision of law.
       (D) Any entity included on any of the following lists 
     maintained by the Department of Commerce:
       (i) The Entity List set forth in Supplement No. 4 to part 
     744 of the Export Administration Regulations.
       (ii) The Denied Persons List as described in section 
     764.3(a)(2) of the Export Administration Regulations.
       (iii) The Unverified List set forth in Supplement No. 6 to 
     part 744 of the Export Administration Regulations.
       (iv) The Military End User List set forth in Supplement No. 
     7 to part 744 of the Export Administration Regulations.
       (E) Any entity identified by the Secretary of Defense 
     pursuant to section 1237(b) of the Strom Thurmond National 
     Defense Authorization Act for Fiscal Year 1999 (Public Law 
     105-261; 50 U.S.C. 1701 note).
       (F) Any entity on the Non-SDN Chinese Military-Industrial 
     Complex Companies List (NS-CMIC List) maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury under Executive Order 14032 (86 Fed. Reg. 30145; 
     relating to addressing the threat from securities investments 
     that finance certain companies of the People's Republic of 
     China), or any successor order.
       (4) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 133 of title 41, United 
     States Code.
       (5) False claims act.--The term ``False Claims Act'' means 
     sections 3729 through 3733 of title 31, United States Code.
       (6) North american industry classification system's 
     industry group code 5416.--The term ``North American Industry 
     Classification System's Industry Group code 5416'' refers to 
     the North American Industry Classification System category 
     that covers Management, Scientific, and Technical Consulting 
     Services as Industry Group code 5416, including industry 
     codes 54151, 541611, 541612, 541613, 541614, 541618, 54162, 
     541620, 54169, and 541690.

     SEC. 899. NO ADDITIONAL FUNDING.

       No additional funds are authorized to be appropriated for 
     the purpose of carrying out this subtitle.
                                 ______
                                 
  SA 2227. Mr. HAWLEY 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 B of title XXVIII, add the 
     following:

     SEC. 2823. MILITARY CONSTRUCTION PROJECTS TO REPLACE HOUSES 
                   AT FORT LEONARD WOOD, MISSOURI.

       (a) In General.--The Secretary of the Army shall conduct a 
     military construction project or military construction 
     projects to replace 1,142 houses at Fort Leonard Wood, 
     Missouri.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of the Army $423,000,000 
     to carry out subsection (a).

[[Page S4504]]

  

                                 ______
                                 
  SA 2228. Mr. HAWLEY 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. CERTIFICATION AND REPORT REQUIREMENTS REGARDING 
                   PROVISION OF DEFENSE ARTICLES AND SERVICES TO 
                   UKRAINE.

       (a) Certification.--Before using appropriated funds to 
     provide defense articles or defense services to Ukraine, the 
     Secretary of Defense, in consultation with the Commander of 
     the United States Indo-Pacific Command, shall certify to 
     Congress that--
       (1) such articles or services are not required by the 
     United States Indo-Pacific Command to deter the People's 
     Republic of China or for a denial defense along the first 
     island chain;
       (2) such articles or services are not required by the 
     military of Taiwan to deter or deny an invasion of Taiwan by 
     the People's Republic of China;
       (3) the provision of such articles or services will not 
     delay or otherwise detract from the timely delivery to the 
     Department of Defense or any of the Armed Forces of defense 
     articles required to deter the People's Republic of China or 
     for a denial defense along the first island chain; and
       (4) the provision of such articles or services will not 
     delay or otherwise detract from the timely delivery to Taiwan 
     of the defense articles required by the military of Taiwan to 
     deter or deny an invasion of Taiwan by the People's Republic 
     of China.
       (b) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Commander of the United States Indo-
     Pacific Command, shall submit to Congress a report that 
     details what defense articles and defense services Ukraine 
     requires to defend against the invasion of Ukraine by the 
     Russian Federation that are also required by--
       (A) the United States Indo-Pacific Command to deter the 
     People's Republic of China or for a denial defense along the 
     first island chain; or
       (B) the military of Taiwan to deter or deny an invasion of 
     Taiwan by the People's Republic of China.
       (2) Form.--The report required by paragraph (1) may be 
     submitted in classified form, but shall be made available to 
     all--
       (A) Senators and Members of the House of Representatives; 
     and
       (B) staff of Congress who are eligible to access the 
     information in the report.
                                 ______
                                 
  SA 2229. Mr. HAWLEY 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:

       On page 727, strike lines 22 through 24 and insert the 
     following:
       ``(3) A list of equipment and supplies, which shall be 
     limited to materials relating to asymmetric defense 
     capabilities or a denial defense, and estimated quantities of 
     such equipment and supplies, required for such stockpile.''.
       On page 728, strike lines 6 through 14 and insert the 
     following:
       ``(c) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Armed Services, the Committee on 
     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.
       ``(2) Asymmetric defense capabilities.--The term 
     `asymmetric defense capabilities' includes, in such 
     quantities as the Secretary of Defense determines to be 
     necessary to achieve the purpose specified, the following:
       ``(A) Mobile, ground-based coastal defense cruise missiles 
     and launchers.
       ``(B) Mobile, ground-based short-range and medium-range air 
     defense systems.
       ``(C) Smart, self-propelled naval mines and coastal 
     minelaying platforms.
       ``(D) Missile boats and fast-attack craft equipped with 
     anti-ship and anti-landing craft missiles.
       ``(E) Unmanned aerial and other mobile, resilient 
     surveillance systems to support coastal and air defense 
     operations.
       ``(F) Equipment to support target location, tracking, 
     identification, and targeting, especially at the local level, 
     in communications degraded or denied environments.
       ``(G) Man-portable anti-armor weapons, mortars, and small 
     arms for ground combat operations.
       ``(H) Equipment and technical assistance for the purpose of 
     developing civil defense forces, composed of civilian 
     volunteers and militia.
       ``(I) Training and equipment, including appropriate war 
     reserves, required for Taiwan forces to independently 
     maintain, sustain, and employ capabilities described in 
     subparagraphs (A) through (H).
       ``(J) Concept development for coastal defense, air defense, 
     decentralized command and control, civil defense, logistics, 
     planning, and other critical military functions, with an 
     emphasis on operations in a communications degraded or denied 
     environment.''.
                                 ______
                                 
  SA 2230. Mr. HAWLEY 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 B of title XII, add the following:

     SEC. 1228. TERMINATION OF NORMAL TRADE RELATIONS TREATMENT 
                   FOR PRODUCTS OF IRAN.

       Notwithstanding any other provision of law, on and after 
     the date of the enactment of this Act--
       (1) normal trade relations treatment shall not apply to 
     products of Iran;
       (2) the rates of duty set forth in column 2 of the 
     Harmonized Tariff Schedule of the United States shall apply 
     to all products of Iran; and
       (3) the President may proclaim increases in duties 
     applicable to products of Iran to rates that are higher than 
     the rates described in paragraph (2).
                                 ______
                                 
  SA 2231. Mr. HAWLEY 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. SENSE OF THE SENATE REGARDING NATO DEFENSE 
                   SPENDING.

       (a) Findings.--Congress makes the following findings:
       (1) The North Atlantic Treaty Organization (NATO) is vital 
     to the security of the United States and United States 
     allies.
       (2) NATO's military readiness is critical for deterring 
     aggression and responding to threats.
       (3) At the 2014 Wales Summit, NATO member states agreed to 
     aim to spend 2 percent of their Gross Domestic Product (GDP) 
     on defense by 2024.
       (4) Many NATO member states have yet to reach this 2% 
     threshold.
       (5) The evolving security environment requires enhanced 
     military capabilities and preparedness.
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that--
       (1) each NATO member state should commit above 2 percent of 
     its GDP to defense spending;
       (2) increased defense spending by all NATO members is 
     necessary to ensure the Alliance's military readiness and 
     ability to meet current and future security challenges;
       (3) the United States should continue to encourage and 
     support its NATO allies in meeting and exceeding the 2 
     percent GDP defense spending threshold;
       (4) NATO's military capabilities, interoperability, and 
     readiness should be strengthened through sustained investment 
     by all member states; and
       (5) robust defense spending by all NATO members reinforces 
     the principle of collective defense and demonstrates the 
     Alliance's shared commitment to mutual security.
                                 ______
                                 
  SA 2232. Mr. HAWLEY 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. 10____. LIMITATION ON MINERAL WITHDRAWALS AFFECTING 
                   CRITICAL MINERALS FOR DEFENSE SUPPLY CHAIN.

       (a) Definitions.--In this section:
       (1) Critical mineral.--The term ``critical mineral''has the 
     meaning given the term in section 7002(a) of the Energy Act 
     of 2020 (30 U.S.C. 1606(a)).
       (2) Withdrawal.--The term ``withdrawal'' has the meaning 
     given the term in section 103 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1702).
       (b) Limitation on Mineral Withdrawals.--
       (1) In general.--Not later than 90 after the date of 
     enactment of this Act, the Secretary of the Interior may not 
     make a withdrawal

[[Page S4505]]

     of Federal land containing critical minerals, as identified 
     by the Director of the United States Geological Survey, if 
     the Secretary of Defense determines that the withdrawal would 
     result in an adverse effect on the domestic supply of 
     critical minerals required for the defense supply chain of 
     the United States.
       (2) Determination.--In making a determination under 
     paragraph (1), the Secretary of Defense shall consider--
       (A) the current and projected domestic requirements of 
     critical minerals for the Armed Forces;
       (B) the extent to which a withdrawal would restrict 
     exploration, development, or production of critical minerals 
     on Federal land; and
       (C) the availability of reliable alternative sources of the 
     affected critical minerals.
                                 ______
                                 
  SA 2233. Mr. TILLIS (for himself and Mr. Budd) 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. LUMBEE TRIBE OF NORTH CAROLINA FEDERAL 
                   RECOGNITION.

       The Act of June 7, 1956 (70 Stat. 254, chapter 375), is 
     amended--
       (1) by striking section 2;
       (2) in the first sentence of the first section, by striking 
     ``That the Indians'' and inserting the following:

     ``SEC. 3. DESIGNATION OF LUMBEE INDIANS.

       ``The Indians'';
       (3) in the preamble--
       (A) by inserting before the first undesignated clause the 
     following:

     ``SECTION 1. FINDINGS.

       ``Congress finds that--'';
       (B) by designating the undesignated clauses as paragraphs 
     (1) through (4), respectively, and indenting appropriately;
       (C) by striking ``Whereas'' each place it appears;
       (D) by striking ``and'' after the semicolon at the end of 
     each of paragraphs (1) and (2) (as so designated); and
       (E) in paragraph (4) (as so designated), by striking ``: 
     Now, therefore,'' and inserting a period;
       (4) by moving the enacting clause so as to appear before 
     section 1 (as so designated);
       (5) by striking the last sentence of section 3 (as 
     designated by paragraph (2));
       (6) by inserting before section 3 (as designated by 
     paragraph (2)) the following:

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of 
     North Carolina or the Lumbee Indians of North Carolina.''; 
     and
       (7) by adding at the end the following:

     ``SEC. 4. FEDERAL RECOGNITION.

       ``(a) In General.--Federal recognition is extended to the 
     Tribe (as designated as petitioner number 65 by the Office of 
     Federal Acknowledgment).
       ``(b) Applicability of Laws.--All laws and regulations of 
     the United States of general application to Indians and 
     Indian tribes shall apply to the Tribe and its members.
       ``(c) Petition for Acknowledgment.--Notwithstanding section 
     3, any group of Indians in Robeson and adjoining counties, 
     North Carolina, whose members are not enrolled in the Tribe 
     (as determined under section 5(d)) may petition under part 83 
     of title 25 of the Code of Federal Regulations for 
     acknowledgment of tribal existence.

     ``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.

       ``(a) In General.--The Tribe and its members shall be 
     eligible for all services and benefits provided by the 
     Federal Government to federally recognized Indian tribes.
       ``(b) Service Area.--For the purpose of the delivery of 
     Federal services and benefits described in subsection (a), 
     those members of the Tribe residing in Robeson, Cumberland, 
     Hoke, and Scotland counties in North Carolina shall be deemed 
     to be residing on or near an Indian reservation.
       ``(c) Determination of Needs.--On verification by the 
     Secretary of a tribal roll under subsection (d), the 
     Secretary and the Secretary of Health and Human Services 
     shall--
       ``(1) develop, in consultation with the Tribe, a 
     determination of needs to provide the services for which 
     members of the Tribe are eligible; and
       ``(2) after the tribal roll is verified, each submit to 
     Congress a written statement of those needs.
       ``(d) Tribal Roll.--
       ``(1) In general.--For purpose of the delivery of Federal 
     services and benefits described in subsection (a), the tribal 
     roll in effect on the date of enactment of this section 
     shall, subject to verification by the Secretary, define the 
     service population of the Tribe.
       ``(2) Verification limitation and deadline.--The 
     verification by the Secretary under paragraph (1) shall--
       ``(A) be limited to confirming documentary proof of 
     compliance with the membership criteria set out in the 
     constitution of the Tribe adopted on November 16, 2001; and
       ``(B) be completed not later than 2 years after the 
     submission of a digitized roll with supporting documentary 
     proof by the Tribe to the Secretary.

     ``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.

       ``(a) In General.--Notwithstanding any other provision of 
     law, the Secretary is hereby authorized to take land into 
     trust for the benefit of the Tribe.
       ``(b) Treatment of Certain Land.--An application to take 
     into trust land located within Robeson County, North 
     Carolina, under this section shall be treated by the 
     Secretary as an `on reservation' trust acquisition under part 
     151 of title 25, Code of Federal Regulations (or a successor 
     regulation).

     ``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.

       ``(a) In General.--With respect to land located within the 
     State of North Carolina that is owned by, or held in trust by 
     the United States for the benefit of, the Tribe, or any 
     dependent Indian community of the Tribe, the State of North 
     Carolina shall exercise jurisdiction over--
       ``(1) all criminal offenses that are committed; and
       ``(2) all civil actions that arise.
       ``(b) Transfer of Jurisdiction.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     may accept on behalf of the United States, after consulting 
     with the Attorney General of the United States, any transfer 
     by the State of North Carolina to the United States of any 
     portion of the jurisdiction of the State of North Carolina 
     described in subsection (a) over Indian country occupied by 
     the Tribe pursuant to an agreement between the Tribe and the 
     State of North Carolina.
       ``(2) Restriction.--A transfer of jurisdiction described in 
     paragraph (1) may not take effect until 2 years after the 
     effective date of the agreement described in that paragraph.
       ``(c) Effect.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

     ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.''.
                                 ______
                                 
  SA 2234. Mr. HOEVEN (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 subtitle C of title VI, add the following:

     SEC. 630. PROVISION OF TUITION ASSISTANCE TO MEMBERS OF AIR 
                   NATIONAL GUARD.

       The Secretary of the Air Force shall establish a permanent 
     program to pay, under section 2007 of title 10, United States 
     Code, all or a portion of the charges of an educational 
     institution for the tuition or expenses of a member of the 
     Air National Guard who is in compliance with the training 
     requirements under regulations prescribed under section 
     502(a) of title 32, United States Code.
                                 ______
                                 
  SA 2235. Mr. HOEVEN 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 E of title VII, add the following:

     SEC. 750. SENSE OF SENATE ON TRUE NORTH PROGRAM OF THE AIR 
                   FORCE.

       It is the sense of the Senate that--
       (1) the True North program of the Department of the Air 
     Force provides important mental health care benefits to 
     members of the Air Force;
       (2) making such program available to some members of the 
     Air Force at particular installations without making it 
     available to others may create a perception of disparity; and
       (3) in order to avoid the perception of disparity, the True 
     North program should operate on an installation-wide basis, 
     rather than on a unit-by-unit basis within that installation.
                                 ______
                                 
  SA 2236. Mr. HOEVEN 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 1057(a)(1), redesignate subparagraph (C) as 
     subparagraph (D) and insert before such subparagraph, as so 
     redesignated, the following:

[[Page S4506]]

       (C) Implementation plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the appropriate committees of Congress a plan 
     to expedite the testing, demonstration and validation of 
     technologies that support the strategy required under 
     subparagraph (A).
                                 ______
                                 
  SA 2237. Mr. CORNYN (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 appropriate place, insert the following:

     SEC. ___. NOTICES OF FUNDING OPPORTUNITY TRANSPARENCY.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency''--
       (A) has the meaning given the term ``Executive agency'' in 
     section 105 of title 5, United States Code; and
       (B) does not include the Government Accountability Office.
       (2) Competitive grant.--The term ``competitive grant'' 
     means a discretionary award (as defined in section 200.1 of 
     title 2, Code of Federal Regulations) awarded by an agency--
       (A) through a grant agreement or cooperative agreement 
     under which the agency makes payment in cash or in kind to a 
     recipient to carry out a public purpose authorized by law; 
     and
       (B) the recipient of which is selected from a pool of 
     applicants through the use of merit-based selection 
     procedures for the purpose of allocating funds authorized 
     under a grant program of the agency.
       (3) Evaluation or selection criteria.--The term 
     ``evaluation or selection criteria'' means standards or 
     principles for judging, evaluating, or selecting an 
     application for a competitive grant.
       (4) Notice of funding opportunity.--The term ``notice of 
     funding opportunity'' has the meaning given the term in 
     section 200.1 of title 2, Code of Federal Regulations.
       (5) Rating system.--The term ``rating system''--
       (A) means a system of evaluation of competitive grant 
     applications to determine how such applications advance 
     through the selection process; and
       (B) includes--
       (i) a merit criteria rating rubric;
       (ii) an evaluation of merit criteria;
       (iii) a methodology to evaluate and rate based on a point 
     scale; and
       (iv) an evaluation to determine whether a competitive grant 
     application meets evaluation or selection criteria.
       (b) Transparency Requirements.--Each notice of funding 
     opportunity issued by an agency for a competitive grant shall 
     include--
       (1) a description of any rating system and evaluation and 
     selection criteria the agency uses to assess applications for 
     the competitive grant;
       (2) a statement of whether the agency uses a weighted 
     scoring method and a description of any weighted scoring 
     method the agency uses for the competitive grant, including 
     the amount by which the agency weights each criterion; and
       (3) any other qualitative or quantitative merit-based 
     approach the agency uses to evaluate an application for the 
     competitive grant.
       (c) Applications; Data Elements.--
       (1) In general.--The Director of the Office of Management 
     and Budget, in coordination with the Executive department 
     designated under section 6402(a)(1) of title 31, United 
     States Code, shall develop data elements relating to grant 
     applications to ensure common reporting by each agency with 
     respect to applications received in response to each notice 
     of funding opportunity of the agency.
       (2) Contents.--The data elements developed under paragraph 
     (1) shall include--
       (A) the number of applications received; and
       (B) the city and State of each organization that submitted 
     an application.
       (d) Rule of Construction.--With respect to a particular 
     competitive grant, nothing in this section shall be construed 
     to supersede any requirement with respect to a notice of 
     funding opportunity for the competitive grant in a law that 
     authorizes the competitive grant.
       (e) No Additional Funds.--No additional funds are 
     authorized to be appropriated for the purpose of carrying out 
     this section.
       (f) Effective Date.--
       (1) In general.--This section shall take effect on the date 
     that is 120 days after the date of enactment of this Act.
       (2) No retroactive effect.--This section shall not apply to 
     a notice of funding opportunity issued before the date of 
     enactment of this Act.
                                 ______
                                 
  SA 2238. Mr. CORNYN (for himself, Mr. Lujan, Mr. Scott of Florida, 
and Mr. Rubio) 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 title XV, add the following:

Subtitle E--Licensing Aerospace Units to New Commercial Heights Act of 
                                  2024

     SEC. 1549. SHORT TITLE.

       This subtitle may be cited as the ``Licensing Aerospace 
     Units to New Commercial Heights Act of 2024'' or the ``LAUNCH 
     Act''.

     SEC. 1550. STREAMLINING REGULATIONS RELATING TO COMMERCIAL 
                   SPACE LAUNCH AND REENTRY REQUIREMENTS.

       (a) Evaluation of Implementation of Part 450.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     (referred to in this subtitle as the ``Secretary'') shall 
     evaluate the implementation of part 450 of title 14, Code of 
     Federal Regulations (in this section referred to as ``part 
     450'') and the impacts of part 450 on the commercial 
     spaceflight industry.
       (2) Elements.--The evaluation required by paragraph (1) 
     shall include an assessment of--
       (A) whether increased uncertainty in the commercial 
     spaceflight industry has resulted from the implementation of 
     part 450;
       (B) whether part 450 has resulted in operational delays to 
     emerging launch programs; and
       (C) whether timelines for reviews have changed, including 
     an assessment of the impact of the incremental review process 
     on those timelines and the root cause for multiple reviews, 
     if applicable.
       (3) Report required.--Not later than 90 days after 
     completing the review required by paragraph (1), the 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives a report that includes--
       (A) the findings of the review;
       (B) recommendations for reducing delays and inefficiencies 
     resulting from part 450 that do not rely solely on additional 
     personnel or funding; and
       (C) an estimate for a timeline and funding for implementing 
     the recommendations described in subparagraph (B).
       (b) Rulemaking Committee.--
       (1) In general.--The Secretary shall consider establishing 
     a Space Transportation Rulemaking Committee, comprised of 
     established and emerging United States commercial space 
     launch and reentry services providers (including providers 
     that hold, and providers that have applied for but not yet 
     received, licenses issued under chapter 509 of title 51, 
     United States Code)--
       (A) to facilitate industry participation in developing 
     recommendations for amendments to part 450 to address the 
     challenges identified in conducting the review required by 
     subsection (a) or under paragraph (2) of section 50905(d) of 
     title 51, United States Code (as added by subsection (d)(3)); 
     and
       (B) to provide a long-term forum for the United States 
     commercial spaceflight industry to share perspectives 
     relating to regulations affecting the industry.
       (2) Prevention of duplicative efforts.--The Secretary shall 
     ensure that a Space Transportation Rulemaking Committee 
     established under this subsection does not provide services 
     or make efforts that are duplicative of the services provided 
     and efforts made by the Commercial Space Transportation 
     Advisory Committee.
       (c) Encouragement of Innovation.--The Secretary shall, on 
     an ongoing basis, determine whether any requirements for a 
     license issued under chapter 509 of title 51, United States 
     Code, can be modified or eliminated to encourage innovative 
     new technologies and operations.
       (d) Modifications to Requirements and Procedures for 
     License Applications.--
       (1) Consideration of safety rationales of license 
     applicants.--Section 50905(a)(2) of title 51, United States 
     Code, is amended--
       (A) by striking ``Secretary may'' inserting the following: 
     ``Secretary--
       ``(A) may'';
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(B) shall accept a reasonable safety rationale proposed 
     by an applicant for a license under this chapter, including 
     new approaches, consistent with paragraph (1).''.
       (2) Facilitation of license applications and assistance to 
     applicants.--Section 50905(a) of title 51, United States 
     Code, is amended by adding at the end the following:
       ``(3) In carrying out paragraph (1), the Secretary shall 
     assign a licensing team lead to each applicant for a license 
     under this chapter to assist the applicant in streamlining 
     the process for reviewing and approving the license 
     application.''.
       (3) Streamlining of review processes.--Section 50905(d) of 
     title 51, United States Code, is amended by striking the end 
     period and inserting the following: ``, including by--
       ``(1) adjudicating determinations with respect to such 
     applications and revisions to such determinations in a timely 
     manner as part of the incremental review process under 
     section 450.33 of title 14, Code of Federal Regulations (or a 
     successor regulation); and

[[Page S4507]]

       ``(2) eliminating and streamlining duplicative review 
     processes with other agencies, particularly relating to the 
     use of Federal ranges or requirements to use the assets of 
     Federal ranges.''.

     SEC. 1551. STREAMLINING LICENSING OF PRIVATE REMOTE SENSING 
                   SPACE SYSTEMS.

       (a) Clarification of Remote Sensing Regulatory Authority 
     Over Certain Imaging Systems.--Section 60121(a)(2) of title 
     51, United States Code, is amended by adding at the end the 
     following: ``Instruments used primarily for mission assurance 
     or other technical purposes shall not be considered to be 
     conducting remote sensing. Instruments used primarily for 
     mission assurance or other technical purposes are instruments 
     used to support the health of the launch vehicle or 
     spacecraft of the operator or the safety of the space 
     operations of the operator, including instruments used to 
     support on-board self-monitoring for technical assurance, 
     flight reliability, spaceflight safety, navigation, attitude 
     control, separation events, payload deployments, or 
     instruments collecting self-images.''.
       (b) Facilitation of License Applications and Assistance to 
     Applicants.--
       (1) In general.--Section 60121 of title 51, United States 
     Code, is amended--
       (A) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (B) by inserting after subsection (c) the following:
       ``(d) Assignment of Dedicated Licensing Officer.--The 
     Secretary shall assign a licensing officer to oversee the 
     application of the applicant for a license under subsection 
     (a). The licensing officer shall assist the applicant by 
     facilitating the application process, minimizing license 
     conditions, and expediting the review and approval of the 
     application, to the extent authorized by law.''.
       (2) Conforming amendment.--Section 60122(b)(3) of title 51, 
     United States Code, is amended by striking ``section 
     60121(e)'' and inserting ``section 60121(f)''.
       (c) Transparency and Expeditious Review of Licenses.--In 
     carrying out the authorities under subchapter III of chapter 
     601 of title 51, United States Code, the Secretary shall--
       (1) provide transparency to and engagement with applicants 
     throughout the licensing process, including by stating with 
     specificity to the applicant or licensee what basis caused 
     the tiering determination of the license;
       (2) minimize the timelines for review of commercial remote 
     sensing licensing applications; and
       (3) not less frequently than annually, reevaluate the 
     criteria for the tiering of satellite systems, with a goal of 
     expeditiously recategorizing Tier 3 systems to a lower tier 
     without temporary license conditions.

     SEC. 1552. GAO REPORT.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Science, Space, and Technology of the House of 
     Representatives a report on the policies, regulations, and 
     practices of the Department of Commerce (referred to in this 
     section as the ``Department'') with respect to the private 
     remote sensing space industry.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the extent to which such licensing 
     policies, regulations, and practices of the Department 
     promote or inhibit a robust domestic private remote sensing 
     industry, including any restrictions that impede innovative 
     remote sensing capabilities.
       (2) Recommendations on changes to policies, regulations, 
     and practices for consideration by the Secretary of Commerce 
     to promote United States industry leadership in private 
     remote sensing capabilities, including recommendations for--
       (A) determining whether the costs to industry outweigh the 
     benefits of conducting on-site ground station visits, and 
     possible alternatives to ensuring compliance;
       (B) assessing the information in a license application that 
     should be treated as a material fact and the justification 
     for such treatment;
       (C) incorporating industry feedback into Department 
     policies, regulations, and practices; and
       (D) increasing Department transparency by--
       (i) ensuring the wide dissemination of Department guidance;
       (ii) providing clear application instructions; and
       (iii) establishing written precedent of Department actions.
                                 ______
                                 
  SA 2239. Mr. SCHATZ 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. PARITY FOR NATIVE HAWAIIANS FOR RURAL DEVELOPMENT 
                   PROGRAMS.

       (a) In General.--
       (1) Definition of covered program.--In this subsection, the 
     term ``covered program'' means any program administered by 
     any agency of the rural development mission area of the 
     Department of Agriculture.
       (2) Parity for native hawaiians.--Notwithstanding any 
     requirement under any other provision of law relating to 
     eligibility for covered programs, and without regard to the 
     population of, or income of individuals residing in, the area 
     served by assistance received under covered programs--
       (A) Native Hawaiians (as defined in section 6207 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7517)) shall be eligible for covered programs to the same 
     extent that other individuals are eligible for covered 
     programs; and
       (B) Native Hawaiian organizations (as defined in that 
     section), including the Department of Hawaiian Home Lands and 
     the Office of Hawaiian Affairs, shall be eligible for covered 
     programs to the same extent that other nonprofit 
     organizations and other State, local, or other government 
     agencies, respectively, are eligible for covered programs.
       (b) Substantially Underserved Trust Areas in Hawaii.--
     Section 306F of the Rural Electrification Act of 1936 (7 
     U.S.C. 936f) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (ii) in the matter preceding clause (i) (as so designated), 
     by striking ``The term'' and inserting the following:
       ``(A) In general.--The term''; and
       (iii) by adding at the end the following:
       ``(B) Hawaii.--With respect to the State of Hawaii, the 
     term `eligible program' means any program administered by any 
     agency of the rural development mission area.''; and
       (B) in paragraph (2)--
       (i) by striking ``The term'' and inserting the following:
       ``(A) In general.--The term''; and
       (ii) by adding at the end the following:
       ``(B) Hawaii.--With respect to the State of Hawaii, the 
     term `substantially underserved trust area' includes any land 
     located within the same county as a community described in 
     subparagraph (A).'';
       (2) in subsection (b), by striking ``in communities''; and
       (3) in subsection (c), in paragraphs (1) and (2), by 
     inserting ``(or by any agency of the rural development 
     mission area, in the case of the State of Hawaii)'' after 
     ``Rural Utilities Service'' each place it appears.
                                 ______
                                 
  SA 2240. Mr. SCHATZ (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 title X, add the following:

 Subtitle H--Native American Housing Assistance and Self-Determination 
                      Reauthorization Act of 2024

     SEC. 1096. SHORT TITLE.

       This subtitle may be cited as the ``Native American Housing 
     Assistance and Self-Determination Reauthorization Act of 
     2024''.

     SEC. 1097. CONSOLIDATION OF ENVIRONMENTAL REVIEW 
                   REQUIREMENTS.

       Section 105 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by 
     adding at the end the following:
       ``(e) Consolidation of Environmental Review Requirements.--
       ``(1) In general.--In the case of a recipient of grant 
     amounts under this Act that is carrying out a project that 
     qualifies as an affordable housing activity under section 
     202, if the recipient is using 1 or more additional sources 
     of Federal funds to carry out the project, and the grant 
     amounts received under this Act constitute the largest single 
     source of Federal funds that the recipient reasonably expects 
     to commit to the project at the time of environmental review, 
     the Indian tribe of the recipient may assume, in addition to 
     all of the responsibilities for environmental review, 
     decision making, and action under subsection (a), all of the 
     additional responsibilities for environmental review, 
     decision making, and action under provisions of law that 
     would apply to each Federal agency providing additional 
     funding were the Federal agency to carry out the project as a 
     Federal project.
       ``(2) Discharge.--The assumption by the Indian tribe of the 
     additional responsibilities for environmental review, 
     decision making, and action under paragraph (1) with respect 
     to a project shall be deemed to discharge the responsibility 
     of the applicable Federal agency for environmental review, 
     decision making, and action with respect to the project.
       ``(3) Certification.--An Indian tribe that assumes the 
     additional responsibilities under paragraph (1), shall 
     certify, in addition to the requirements under subsection 
     (c)--
       ``(A) the additional responsibilities that the Indian tribe 
     has fully carried out under this subsection; and

[[Page S4508]]

       ``(B) that the certifying officer consents to assume the 
     responsibilities under the provisions of law that would apply 
     to each Federal agency providing additional funding under 
     paragraph (1).
       ``(4) Liability.--
       ``(A) In general.--An Indian tribe that completes an 
     environmental review under this subsection shall assume sole 
     liability for the content and quality of the review.
       ``(B) Remedies and sanctions.--Except as provided in 
     subparagraph (C), if the Secretary approves a certification 
     and release of funds to an Indian tribe for a project in 
     accordance with subsection (b), but the Secretary or the head 
     of another Federal agency providing funding for the project 
     subsequently learns that the Indian tribe failed to carry out 
     the responsibilities of the Indian tribe as described in 
     subsection (a) or paragraph (1), as applicable, the Secretary 
     or other head, as applicable, may impose appropriate remedies 
     and sanctions in accordance with--
       ``(i) the regulations issued pursuant to section 106; or
       ``(ii) such regulations as are issued by the other head.
       ``(C) Statutory violation waivers.--If the Secretary waives 
     the requirements under this section in accordance with 
     subsection (d) with respect to a project for which an Indian 
     tribe assumes additional responsibilities under paragraph 
     (1), the waiver shall prohibit any other Federal agency 
     providing additional funding for the project from imposing 
     remedies or sanctions for failure to comply with requirements 
     for environmental review, decision making, and action under 
     provisions of law that would apply to the Federal agency.''.

     SEC. 1098. AUTHORIZATION OF APPROPRIATIONS.

       Section 108 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, 
     in the first sentence, by striking ``2009 through 2013'' and 
     inserting ``2025 through 2031''.

     SEC. 1099. STUDENT HOUSING ASSISTANCE.

       Section 202(3) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is 
     amended by inserting ``including college housing 
     assistance,'' after ``self-sufficiency and other services,''.

     SEC. 1099A. CLARIFICATION OF APPLICATION OF RENT RULE TO 
                   UNITS OWNED OR OPERATED BY INDIAN TRIBE OR 
                   TRIBALLY DESIGNATED HOUSING ENTITY.

       Section 203(a)(2) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is 
     amended by inserting ``owned or operated by a recipient and'' 
     after ``residing in a dwelling unit''.

     SEC. 1099B. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND 
                   SERVICES.

       Section 203(g) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is 
     amended by striking ``$5,000'' and inserting ``$7,000''.

     SEC. 1099C. TOTAL DEVELOPMENT COST MAXIMUM COST.

       Section 203 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4133) is amended by 
     adding at the end the following:
       ``(h) Total Development Cost Maximum Cost.--Affordable 
     housing that is developed, acquired, or assisted under the 
     block grant program established under section 101 shall not 
     exceed by more than 20 percent, without prior approval of the 
     Secretary, the total development cost maximum cost for all 
     housing assisted under an affordable housing activity, 
     including development and model activities.''.

     SEC. 1099D. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 
                   REQUIREMENT AND INCOME TARGETING.

       Section 205 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (C), by striking ``and'' at the end; 
     and
       (B) by adding at the end the following:
       ``(E) notwithstanding any other provision of this 
     paragraph, in the case of rental housing that is made 
     available to a current rental family for conversion to a 
     homebuyer or a lease-purchase unit, that the current rental 
     family can purchase through a contract of sale, lease-
     purchase agreement, or any other sales agreement, is made 
     available for purchase only by the current rental family, if 
     the rental family was a low-income family at the time of 
     their initial occupancy of such unit; and''; and
       (2) in subsection (c)--
       (A) by striking ``The provisions'' and inserting the 
     following:
       ``(1) In general.--The provisions''; and
       (B) by adding at the end the following:
       ``(2) Applicability to improvements.--The provisions of 
     subsection (a)(2) regarding binding commitments for the 
     remaining useful life of property shall not apply to 
     improvements of privately owned homes if the cost of the 
     improvements do not exceed 10 percent of the maximum total 
     development cost for the home.''.

     SEC. 1099E. LEASE REQUIREMENTS AND TENANT SELECTION.

       Section 207 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by 
     adding at the end the following:
       ``(c) Notice of Termination.--The notice period described 
     in subsection (a)(3) shall apply to projects and programs 
     funded in part by amounts authorized under this Act.''.

     SEC. 1099F. INDIAN HEALTH SERVICE.

       (a) In General.--Subtitle A of title II of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

       ``Notwithstanding any other provision of law, the Director 
     of the Indian Health Service, or a recipient receiving 
     funding for a housing construction or renovation project 
     under this title, may use funding from the Indian Health 
     Service for the construction of sanitation facilities under 
     that project.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (Public Law 104-330; 110 Stat. 
     4016) is amended by inserting after the item relating to 
     section 210 the following:

``Sec. 211. IHS sanitation facilities construction.''.

     SEC. 1099G. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN 
                   EMERGENCIES.

       Section 401(a)(4) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is 
     amended--
       (1) in subparagraph (A), by striking ``may take an action 
     described in paragraph (1)(C)'' and inserting ``may 
     immediately take an action described in paragraph (1)(C)''; 
     and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Procedural requirements.--
       ``(i) In general.--If the Secretary takes an action 
     described in subparagraph (A), the Secretary shall provide 
     notice to the recipient at the time that the Secretary takes 
     that action.
       ``(ii) Notice requirements.--The notice under clause (i) 
     shall inform the recipient that the recipient may request a 
     hearing by not later than 30 days after the date on which the 
     Secretary provides the notice.
       ``(iii) Hearing requirements.--A hearing requested under 
     clause (ii) shall be conducted--

       ``(I) in accordance with subpart A of part 26 of title 24, 
     Code of Federal Regulations (or successor regulations); and
       ``(II) to the maximum extent practicable, on an expedited 
     basis.

       ``(iv) Failure to conduct a hearing.--If a hearing 
     requested under clause (ii) is not completed by the date that 
     is 180 days after the date on which the recipient requests 
     the hearing, the action of the Secretary to limit the 
     availability of payments shall no longer be effective.''.

     SEC. 1099H. REPORTS TO CONGRESS.

       Section 407 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
       (1) in subsection (a), by striking ``Congress'' and 
     inserting ``Committee on Indian Affairs and the Committee on 
     Banking, Housing and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives''; and
       (2) by adding at the end the following:
       ``(c) Public Availability.--The report described in 
     subsection (a) shall be made publicly available, including to 
     recipients.''.

     SEC. 1099I. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
                   LANDS FOR HOUSING PURPOSES.

       Section 702 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
       (1) in the section heading, by striking ``50-year'' and 
     inserting ``99-year'';
       (2) in subsection (b), by striking ``50 years'' and 
     inserting ``99 years''; and
       (3) in subsection (c)(2), by striking ``50 years'' and 
     inserting ``99 years''.

     SEC. 1099J. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE 
                   HOUSING ACTIVITIES.

       Section 802(e) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is 
     amended--
       (1) by striking ``The Director'' and inserting the 
     following:
       ``(1) In general.--The Director''; and
       (2) by adding at the end the following:
       ``(2) Subawards.--Notwithstanding any other provision of 
     law, including provisions of State law requiring competitive 
     procurement, the Director may make subawards to 
     subrecipients, except for for-profit entities, using amounts 
     provided under this title to carry out affordable housing 
     activities upon a determination by the Director that such 
     subrecipients have adequate capacity to carry out activities 
     in accordance with this Act.''.

     SEC. 1099K. REAUTHORIZATION OF HOUSING ASSISTANCE FOR NATIVE 
                   HAWAIIANS.

       Section 824 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
     striking ``such sums as may be necessary'' and all that 
     follows through the period at the end and inserting ``such 
     sums as may be necessary for each of fiscal years 2025 
     through 2031.''.

     SEC. 1099L. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND 
                   SPECIAL ACTIVITIES BY INDIAN TRIBES.

       Section 105 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5305) is amended by adding at the end the 
     following:
       ``(i) Indian Tribes, Tribally Designated Housing Entities, 
     and Tribal Organizations as Community-based Development 
     Organizations.--
       ``(1) Definitions.--In this subsection:
       ``(A) Tribal organization.--The term `tribal organization' 
     has the meaning the

[[Page S4509]]

     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304).
       ``(B) Tribally designated housing entity.--The term 
     `tribally designated housing entity' has the meaning given 
     the term in section 4 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4103).
       ``(2) Qualification.--An Indian tribe, a tribally 
     designated housing entity, or a tribal organization shall 
     qualify as a community-based development organization for 
     purposes of carrying out new housing construction under this 
     subsection under a grant made under section 106(a)(1).
       ``(j) Special Activities by Indian Tribes.--An Indian tribe 
     receiving a grant under paragraph (1) of section 106(a) shall 
     be authorized to directly carry out activities described in 
     paragraph (15) of such section 106(a).''.

     SEC. 1099M. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.

       (a) In General.--Section 184 of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Authority.--To provide access to sources of private 
     financing to Indian families, Indian housing authorities, and 
     Indian tribes, who otherwise could not acquire housing 
     financing because of the unique legal status of Indian lands 
     and the unique nature of tribal economies, and to expand 
     homeownership opportunities to Indian families, tribally 
     designated housing entities, Indian housing authorities, and 
     Indian tribes on fee simple lands, the Secretary may 
     guarantee not to exceed 100 percent of the unpaid principal 
     and interest due on any loan eligible under subsection (b) 
     made to an Indian family, tribally designated housing entity, 
     Indian housing authority, or Indian tribe on trust land and 
     fee simple land.'';
       (2) in subsection (b)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Eligible housing.--The loan shall be used to 
     construct, acquire, refinance, or rehabilitate 1- to 4-family 
     dwellings that are standard housing.'';
       (B) in paragraph (4)--
       (i) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and adjusting the 
     margins accordingly;
       (ii) by striking ``The loan'' and inserting the following:
       ``(A) In general.--The loan'';
       (iii) in subparagraph (A), as so designated, by adding at 
     the end the following:
       ``(v) Any other lender that is supervised, approved, 
     regulated, or insured by any agency of the Federal 
     Government, including any entity certified as a community 
     development financial institution by the Community 
     Development Financial Institutions Fund established under 
     section 104(a) of the Riegle Community Development and 
     Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; 
     and
       (iv) by adding at the end the following:
       ``(B) Direct guarantee endorsement process and 
     indemnification.--
       ``(i) Authorization.--The Secretary may, dependent on the 
     available systems development and staffing resources, 
     delegate to eligible lenders the authority to directly 
     endorse loans under this section.
       ``(ii) Indemnification.--

       ``(I) In general.--If the Secretary determines that a loan 
     guaranteed under this section was not originated in 
     accordance with the requirements established by the 
     Secretary, the Secretary may require the lender approved 
     under this subparagraph to indemnify the Secretary for the 
     loss or potential loss, irrespective of whether the violation 
     caused or will cause the loan default.
       ``(II) Fraud or misrepresentation.--If fraud or 
     misrepresentation is involved in a loan guaranteed under this 
     section, the Secretary may require the original lender 
     approved under this subparagraph to indemnify the Secretary 
     for the loss regardless of whether there was a payment made 
     by the Secretary under the guarantee.
       ``(III) Implementation.--The Secretary may implement any 
     requirement described in this subparagraph by regulation, 
     notice or Dear Lender Letter.

       ``(C) Review of lenders.--
       ``(i) In general.--The Secretary may periodically review 
     the lenders originating, underwriting, or servicing single 
     family mortgage loans under this section.
       ``(ii) Requirements.--In conducting a review under clause 
     (i), the Secretary--

       ``(I) shall compare the lender with other lenders 
     originating or underwriting loan guarantees for Indian 
     housing based on the rates of defaults and claims for 
     guaranteed loans originated, underwritten, or serviced by 
     that lender;
       ``(II) may compare the lender with such other lenders based 
     on underwriting quality, geographic area served, or any 
     commonly used factors the Secretary determines necessary for 
     comparing mortgage default risk, provided that the comparison 
     is of factors that the Secretary would expect to affect the 
     default risk of mortgage loans guaranteed by the Secretary;
       ``(III) shall implement the comparisons described in 
     subclauses (I) and (II) by regulation, notice, or Dear Lender 
     Letter; and
       ``(IV) may terminate the approval of a lender to originate, 
     underwrite, or service loan guarantees for housing under this 
     section if the Secretary determines that the mortgage loans 
     originated, underwritten, or serviced by the lender present 
     an unacceptable risk to the Indian Housing Loan Guarantee 
     Fund established under subsection (i)--

       ``(aa) based on a comparison of any of the factors set 
     forth in this subparagraph; or
       ``(bb) by a determination that the lender engaged in fraud 
     or misrepresentation.''; and
       (C) in paragraph (5)(A), by inserting before the semicolon 
     at the end the following: ``except, as determined by the 
     Secretary, when there is a loan modification under subsection 
     (h)(1)(B), the term of the loan shall not exceed 40 years'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``Before'' and inserting the following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     before''; and
       (ii) by adding at the end the following:
       ``(B) Exception.--Subparagraph (A) shall not apply when the 
     Secretary exercises its discretion to delegate direct 
     guarantee endorsement authority to eligible lenders under 
     subsection (b)(4)(B)(i).'';
       (B) in paragraph (2)--
       (i) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary''; and
       (ii) by adding at the end the following:
       ``(B) Exceptions.--When the Secretary exercises its 
     discretion to delegate direct guarantee endorsement authority 
     to eligible lenders under subsection (b)(4)(B)(i)--
       ``(i) subparagraph (A) shall not apply; and
       ``(ii) the direct guarantee endorsement lender may issue a 
     certificate under this paragraph as evidence of the guarantee 
     in accordance with requirements established by the 
     Secretary.''; and
       (C) in paragraph (3), by inserting ``, or where applicable, 
     the direct guarantee endorsement lender,'' after 
     ``Secretary'' in each place that term appears; and
       (4) in subsection (l)--
       (A) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (B) by inserting after paragraph (7) the following:
       ``(8) The term `tribally designated housing entity' has the 
     meaning given the term in section 4 of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4103).''.
       (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) 
     of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a(i)(5)) is amended--
       (1) in subparagraph (B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2025 through 2031.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2025 through 2031''.

     SEC. 1099N. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

       Section 184A of the Housing and Community Development Act 
     of 1992 (12 U.S.C. 1715z-13b) is amended--
       (1) in subsection (b), by inserting ``, and to expand 
     homeownership opportunities to Native Hawaiian families who 
     are eligible to receive a homestead under the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108) on fee simple lands in 
     the State of Hawaii'' after ``markets'';
       (2) in subsection (c)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Eligible housing.--The loan shall be used to 
     construct, acquire, refinance, or rehabilitate 1- to 4-family 
     dwellings that are standard housing.'';
       (B) in paragraph (4)--
       (i) in subparagraph (B)--

       (I) by redesignating clause (iv) as clause (v); and
       (II) by adding after clause (iii) the following:

       ``(iv) Any other lender that is supervised, approved, 
     regulated, or insured by any agency of the Federal 
     Government, including any entity certified as a community 
     development financial institution by the Community 
     Development Financial Institutions Fund established under 
     section 104(a) of the Riegle Community Development and 
     Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; 
     and
       (ii) by adding at the end the following:
       ``(C) Direct guarantee endorsement and indemnification.--
       ``(i) In general.--If the Secretary determines that a loan 
     guaranteed under this section was not originated in 
     accordance with the requirements established by the 
     Secretary, the Secretary may require the lender approved 
     under this paragraph to indemnify the Secretary for the loss 
     or potential loss, irrespective of whether the violation 
     caused or will cause the loan default.
       ``(ii) Direct guarantee endorsement.--The Secretary may, 
     dependent on the availability of systems development and 
     staffing resources, delegate to eligible lenders the 
     authority to directly endorse loans under this section.
       ``(iii) Fraud or misrepresentation.--If fraud or 
     misrepresentation was involved in the direct guarantee 
     endorsement process by a lender under this section, the 
     Secretary shall require the approved direct guarantee 
     endorsement lender to indemnify the Secretary for any loss or 
     potential loss, regardless of whether the fraud or 
     misrepresentation caused or may cause the loan default.
       ``(iv) Implementation.--The Secretary may implement any 
     requirements described

[[Page S4510]]

     in this subparagraph by regulation, notice, or Dear Lender 
     Letter.
       ``(v) Review of lenders.--

       ``(I) In general.--The Secretary may periodically review 
     the lenders originating, underwriting, or servicing single 
     family mortgage loans under this section.
       ``(II) Requirements.--In conducting a review under 
     paragraph (1), the Secretary--

       ``(aa) shall compare the lender with other lenders 
     originating or underwriting loan guarantees for Indian 
     housing and Native Hawaiian housing based on the rates of 
     defaults and claims for guaranteed loans originated, 
     underwritten, or serviced by that lender; and
       ``(bb) may compare the lender with such other lenders based 
     on underwriting quality, geographic area served, or any 
     commonly used factors the Secretary determines necessary for 
     comparing mortgage default risk, provided that the comparison 
     is of factors that the Secretary would expect to affect the 
     default risk of mortgage loans guaranteed by the 
     Secretary.'';
       (C) in paragraph (5)(A), by inserting before the semicolon 
     at the end the following: ``except, as determined by the 
     Secretary, when there is a loan modification under subsection 
     (i)(1)(B), the term of the loan shall not exceed 40 years'';
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``Before'' and 
     inserting ``Except as provided in subsection (C), before'';
       (ii) in subparagraph (B), by striking ``If'' and inserting 
     ``Except as provided under subparagraph (C), before''; and
       (iii) by adding at the end the following:
       ``(C) Exception.--When the Secretary exercises its 
     discretion to delegate direct guarantee endorsement authority 
     pursuant to subsection (c)(4)(C)(ii), subparagraphs (A) and 
     (B) of this paragraph shall not apply.'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Standard for approval.--
       ``(A) Approval.--Except as provided in subparagraph (B), 
     the Secretary may approve a loan for guarantee under this 
     section and issue a certificate under this subsection only if 
     the Secretary determines that there is a reasonable prospect 
     of repayment of the loan.
       ``(B) Exceptions.--When the Secretary exercises its 
     discretion to delegate direct guarantee endorsement authority 
     pursuant to subsection (c)(4)(C)(ii)--
       ``(i) subparagraph (A) shall not apply; and
       ``(ii) the direct guarantee endorsement lender may issue a 
     certificate under this paragraph as evidence of the guarantee 
     in accordance with requirements prescribed by the 
     Secretary.''; and
       (C) in paragraph (3)(A), by inserting ``or, where 
     applicable, the direct guarantee endorsement lender,'' after 
     ``Secretary'' and
       (4) in subsection (j)(5)(B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2025 through 2031.''.

     SEC. 1099O. DRUG ELIMINATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Controlled substance.--The term ``controlled 
     substance'' has the meaning given the term in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802).
       (2) Drug-related crime.--The term ``drug-related crime'' 
     means the illegal manufacture, sale, distribution, use, or 
     possession with intent to manufacture, sell, distribute, or 
     use a controlled substance.
       (3) Recipient.--The term ``recipient''--
       (A) has the meaning given the term in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103); and
       (B) includes a recipient of funds under title VIII of that 
     Act (25 U.S.C. 4221 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Establishment.--The Secretary may, in consultation with 
     the Bureau of Indian Affairs and relevant Tribal law 
     enforcement agencies, make grants under this section to 
     recipients of assistance under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.) for use in eliminating drug-related and violent 
     crime.
       (c) Eligible Activities.--Grants under this section may be 
     used for--
       (1) the employment of security personnel;
       (2) reimbursement of State, local, Tribal, or Bureau of 
     Indian Affairs law enforcement agencies for additional 
     security and protective services;
       (3) physical improvements which are specifically designed 
     to enhance security;
       (4) the employment of 1 or more individuals--
       (A) to investigate drug-related or violent crime in and 
     around the real property comprising housing assisted under 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4101 et seq.); and
       (B) to provide evidence relating to such crime in any 
     administrative or judicial proceeding;
       (5) the provision of training, communications equipment, 
     and other related equipment for use by voluntary tenant 
     patrols acting in cooperation with law enforcement officials;
       (6) programs designed to reduce use of drugs in and around 
     housing communities funded under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.), including drug-abuse prevention, intervention, 
     referral, and treatment programs;
       (7) providing funding to nonprofit resident management 
     corporations and resident councils to develop security and 
     drug abuse prevention programs involving site residents;
       (8) sports programs and sports activities that serve 
     primarily youths from housing communities funded through and 
     are operated in conjunction with, or in furtherance of, an 
     organized program or plan designed to reduce or eliminate 
     drugs and drug-related problems in and around those 
     communities; and
       (9) other programs for youth in school settings that 
     address drug prevention and positive alternatives for youth, 
     including education and activities related to science, 
     technology, engineering, and math.
       (d) Applications.--
       (1) In general.--To receive a grant under this subsection, 
     an eligible applicant shall submit an application to the 
     Secretary, at such time, in such manner, and accompanied by--
       (A) a plan for addressing the problem of drug-related or 
     violent crime in and around of the housing administered or 
     owned by the applicant for which the application is being 
     submitted; and
       (B) such additional information as the Secretary may 
     reasonably require.
       (2) Criteria.--The Secretary shall approve applications 
     submitted under paragraph (1) on the basis of thresholds or 
     criteria such as--
       (A) the extent of the drug-related or violent crime problem 
     in and around the housing or projects proposed for 
     assistance;
       (B) the quality of the plan to address the crime problem in 
     the housing or projects proposed for assistance, including 
     the extent to which the plan includes initiatives that can be 
     sustained over a period of several years;
       (C) the capability of the applicant to carry out the plan; 
     and
       (D) the extent to which tenants, the Tribal government, and 
     the Tribal community support and participate in the design 
     and implementation of the activities proposed to be funded 
     under the application.
       (e) High Intensity Drug Trafficking Areas.--In evaluating 
     the extent of the drug-related crime problem pursuant to 
     subsection (d)(2), the Secretary may consider whether housing 
     or projects proposed for assistance are located in a high 
     intensity drug trafficking area designated pursuant to 
     section 707(b) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
       (f) Reports.--
       (1) Grantee reports.--The Secretary shall require grantees 
     under this section to provide periodic reports that include 
     the obligation and expenditure of grant funds, the progress 
     made by the grantee in implementing the plan described in 
     subsection (d)(1)(A), and any change in the incidence of 
     drug-related crime in projects assisted under section.
       (2) HUD reports.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the system used to distribute funding to 
     grantees under this section, which shall include descriptions 
     of--
       (A) the methodology used to distribute amounts made 
     available under this section; and
       (B) actions taken by the Secretary to ensure that amounts 
     made available under section are not used to fund baseline 
     local government services, as described in subsection (h)(2).
       (g) Notice of Funding Awards.--The Secretary shall publish 
     on the website of the Department a notice of all grant awards 
     made pursuant to section, which shall identify the grantees 
     and the amount of the grants.
       (h) Monitoring.--
       (1) In general.--The Secretary shall audit and monitor the 
     program funded under this subsection to ensure that 
     assistance provided under this subsection is administered in 
     accordance with the provisions of section.
       (2) Prohibition of funding baseline services.--
       (A) In general.--Amounts provided under this section may 
     not be used to reimburse or support any local law enforcement 
     agency or unit of general local government for the provision 
     of services that are included in the baseline of services 
     required to be provided by any such entity pursuant to a 
     local cooperative agreement pursuant under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.) or any provision of an annual contributions contract 
     for payments in lieu of taxation with the Bureau of Indian 
     Affairs.
       (B) Description.--Each grantee under this section shall 
     describe, in the report under subsection (f)(1), such 
     baseline of services for the unit of Tribal government in 
     which the jurisdiction of the grantee is located.
       (3) Enforcement.--The Secretary shall provide for the 
     effective enforcement of this section, as specified in the 
     program requirements published in a notice by the Secretary, 
     which may include--
       (A) the use of on-site monitoring, independent public audit 
     requirements, certification by Tribal or Federal law 
     enforcement or Tribal government officials regarding the 
     performance of baseline services referred to in paragraph 
     (2);
       (B) entering into agreements with the Attorney General to 
     achieve compliance, and

[[Page S4511]]

     verification of compliance, with the provisions of this 
     section; and
       (C) adopting enforcement authority that is substantially 
     similar to the authority provided to the Secretary under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.)
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     fiscal years 2025 through 2031 to carry out this section.

     SEC. 1099P. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended--
       (1) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (2) by inserting after subparagraph (C) the following:
       ``(D) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Eligible indian veteran.--The term `eligible Indian 
     veteran' means an Indian veteran who is--

       ``(aa) homeless or at risk of homelessness; and
       ``(bb) living--
       ``(AA) on or near a reservation; or
       ``(BB) in or near any other Indian area.

       ``(II) Eligible recipient.--The term `eligible recipient' 
     means a recipient eligible to receive a grant under section 
     101 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111).
       ``(III) Indian; indian area.--The terms `Indian' and 
     `Indian area' have the meanings given those terms in section 
     4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(IV) Indian veteran.--The term `Indian veteran' means an 
     Indian who is a veteran.
       ``(V) Program.--The term `Program' means the Tribal HUD-
     VASH program carried out under clause (ii).
       ``(VI) Tribal organization.--The term `tribal organization' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).

       ``(ii) Program specifications.--The Secretary may use up to 
     5 percent of the amounts made available for rental assistance 
     under this paragraph to carry out a rental assistance and 
     supported housing program, to be known as the `Tribal HUD-
     VASH program', in conjunction with the Secretary of Veterans 
     Affairs, by awarding grants for the benefit of eligible 
     Indian veterans.
       ``(iii) Model.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary shall model the Program on the rental 
     assistance and supported housing program authorized under 
     subparagraph (A) and applicable appropriations Acts, 
     including administration in conjunction with the Secretary of 
     Veterans Affairs.
       ``(II) Exceptions.--

       ``(aa) Secretary of housing and urban development.--After 
     consultation with Indian tribes, eligible recipients, and any 
     other appropriate tribal organizations, the Secretary may 
     make necessary and appropriate modifications to facilitate 
     the use of the Program by eligible recipients to serve 
     eligible Indian veterans.
       ``(bb) Secretary of veterans affairs.--After consultation 
     with Indian tribes, eligible recipients, and any other 
     appropriate tribal organizations, the Secretary of Veterans 
     Affairs may make necessary and appropriate modifications to 
     facilitate the use of the Program by eligible recipients to 
     serve eligible Indian veterans.
       ``(iv) Eligible recipients.--The Secretary shall make 
     amounts for rental assistance and associated administrative 
     costs under the Program available in the form of grants to 
     eligible recipients.
       ``(v) Funding criteria.--The Secretary shall award grants 
     under the Program based on--

       ``(I) need;
       ``(II) administrative capacity; and
       ``(III) any other funding criteria established by the 
     Secretary in a notice published in the Federal Register after 
     consulting with the Secretary of Veterans Affairs.

       ``(vi) Administration.--Grants awarded under the Program 
     shall be administered in accordance with the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), except that recipients shall--

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

       ``(I) Grant recipients; tribal organizations.--The 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs, shall consult with eligible recipients and any other 
     appropriate tribal organization on the design of the Program 
     to ensure the effective delivery of rental assistance and 
     supportive services to eligible Indian veterans under the 
     Program.
       ``(II) Indian health service.--The Director of the Indian 
     Health Service shall provide any assistance requested by the 
     Secretary or the Secretary of Veterans Affairs in carrying 
     out the Program.

       ``(viii) Waiver.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary may waive or specify alternative requirements 
     for any provision of law (including regulations) that the 
     Secretary administers in connection with the use of rental 
     assistance made available under the Program if the Secretary 
     finds that the waiver or alternative requirement is necessary 
     for the effective delivery and administration of rental 
     assistance under the Program to eligible Indian veterans.
       ``(II) Exception.--The Secretary may not waive or specify 
     alternative requirements under subclause (I) for any 
     provision of law (including regulations) relating to labor 
     standards or the environment.

       ``(ix) Renewal grants.--The Secretary may--

       ``(I) set aside, from amounts made available for tenant-
     based rental assistance under this subsection and without 
     regard to the amounts used for new grants under clause (ii), 
     such amounts as may be necessary to award renewal grants to 
     eligible recipients that received a grant under the Program 
     in a previous year; and
       ``(II) specify criteria that an eligible recipient must 
     satisfy to receive a renewal grant under subclause (I), 
     including providing data on how the eligible recipient used 
     the amounts of any grant previously received under the 
     Program.

       ``(x) Reporting.--Not later than 1 year after the date of 
     enactment of this subparagraph, and every 5 years thereafter, 
     the Secretary, in coordination with the Secretary of Veterans 
     Affairs and the Director of the Indian Health Service, 
     shall--

       ``(I) conduct a review of the implementation of the 
     Program, including any factors that may have limited its 
     success; and
       ``(II) submit a report describing the results of the review 
     under subclause (II) to--

       ``(aa) the Committee on Indian Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       ``(bb) the Subcommittee for Indian and Insular Affairs of 
     the Committee on Natural Resources, the Committee on 
     Financial Services, the Committee on Veterans' Affairs, and 
     the Committee on Appropriations of the House of 
     Representatives.
       ``(xi) Impact on formula current assisted stock.--For a 
     given fiscal year's allocation formula of the Native American 
     Housing Block Grants program, as authorized under title I of 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4111 et seq.), the number of 
     qualifying low-income housing dwelling units under section 
     302(b)(1) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4152(b)(1)) shall not be 
     reduced due to the placement of an eligible Indian veteran 
     assisted with amounts provided under the Program within such 
     qualifying units.''.

     SEC. 1099Q. CONTINUUM OF CARE.

       Title IV of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11360 et seq.) is amended--
       (1) in section 401 (42 U.S.C. 11360)--
       (A) by redesignating paragraphs (32) through (35) as 
     paragraphs (33) through (36) respectively; and
       (B) by inserting after paragraph (31) the following:
       ``(32) Tribally designated housing entity.--The term 
     `tribally designated housing entity' has the meaning given 
     the term in section 4 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4103).'';
       (2) in section 423(g) (42 U.S.C. 11383(g)), by inserting 
     ``Indian tribe, tribally designated housing entity,'' after 
     ``private nonprofit organization,''; and
       (3) in section 435 (42 U.S.C. 11389)--
       (A) by striking ``Notwithstanding'' and inserting ``(a) 
     Eligible Entities.--Notwithstanding'';
       (B) in subsection (a), as so designated, by striking ``(as 
     defined in section 4 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4103))''; and
       (C) by adding at the end the following:
       ``(b) Civil Rights Exemptions.--With respect to grants 
     awarded to carry out eligible activities under this subtitle, 
     title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
     seq.) and title VIII of the Civil Rights Act of 1968 (42 
     U.S.C. 3601 et seq.) shall not apply to applications or 
     awards for projects to be carried out--
       ``(1) on or off reservation or trust lands for awards made 
     to Indian Tribes or tribally designated housing entities; or
       ``(2) on reservation or trust lands for awards made to 
     eligible entities.
       ``(c) Certification.--Notwithstanding section 106 of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12706) and section 403 of this Act, with respect to 
     applications for projects to be carried out on reservations 
     or trust land using grants awarded under this subtitle--
       ``(1) the applications shall contain a certification of 
     consistency with an approved Indian housing plan developed 
     under section 102 of the Native American Housing Assistance 
     and Self-Determination Act (25 U.S.C. 4112); and
       ``(2) Indian tribes and tribally designated housing 
     entities that are recipients of awards for projects on 
     reservations or trust land from such funds shall certify that 
     they are following an approved housing plan developed under 
     section 102 of the Native

[[Page S4512]]

     American Housing Assistance and Self-Determination Act (25 
     U.S.C. 4112).
       ``(d) Consolidated Plan Exemption.--A collaborative 
     applicant for a Continuum of Care whose geographic area 
     includes only reservation or trust land is not required to 
     meet the requirement described in section 402(f)(2).''.
                                 ______
                                 
  SA 2241. Mr. SCHATZ (for himself, Ms. Murkowski, and Ms. Warren) 
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--TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL 
                          POLICIES ACT OF 2024

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Truth and Healing 
     Commission on Indian Boarding School Policies Act of 2024''.

     SEC. 5002. FINDINGS.

       Congress finds that--
       (1) attempts to destroy Native American cultures, 
     religions, and languages through assimilationist practices 
     and policies can be traced to the early 17th century and the 
     founding charters of some of the oldest educational 
     institutions in the United States;
       (2) in June 2021, and in light of the long history of the 
     assimilationist policies and practices referred to in 
     paragraph (1) and calls for reform from Native peoples, the 
     Secretary of the Interior directed the Department of the 
     Interior to investigate the role of the Federal Government in 
     supporting those policies and practices and the 
     intergenerational impacts of those policies and practices;
       (3) in May 2022, the Department of the Interior published 
     volume 1 of a report entitled ``Federal Indian Boarding 
     School Initiative Investigative Report'' (referred to in this 
     section as the ``Report''), which found that--
       (A) as early as 1819, and until 1969, the Federal 
     Government directly or indirectly supported approximately 408 
     Indian Boarding Schools across 37 States;
       (B) American Indian, Alaska Native, and Native Hawaiian 
     children, as young as 3 years old, were forcibly removed from 
     their homes and sent to Indian Boarding Schools located 
     throughout the United States;
       (C) Indian Boarding Schools used systematic, violent, and 
     militarized identity-altering methods, such as physical, 
     sexual, and psychological abuse and neglect, to attempt to 
     forcibly assimilate Native children and strip them of their 
     languages, cultures, and social connections;
       (D) the violent methods referred to in subparagraph (C) 
     were carried out for the purpose of--
       (i) destroying the cultures, languages, and religions of 
     Native peoples; and
       (ii) dispossessing Native peoples of their ancestral lands;
       (E) many of the children who were taken to Indian Boarding 
     Schools did not survive, and of those who did survive, many 
     never returned to their parents, extended families, or 
     communities;
       (F) many of the children who were taken to Indian Boarding 
     Schools and did not survive were interred in cemeteries and 
     unmarked graves; and
       (G) American Indian, Alaska Native, and Native Hawaiian 
     communities continue to experience intergenerational trauma 
     and cultural and familial disruption from experiences rooted 
     in Indian Boarding Schools Policies, which divided family 
     structures, damaged cultures and individual identities, and 
     inflicted chronic physical and psychological ramifications on 
     American Indian, Alaska Native, and Native Hawaiian children, 
     families, and communities;
       (4) the ethos and rationale for Indian Boarding Schools is 
     infamously expressed in the following quote from the founder 
     of the Carlisle Indian Industrial School, Richard Henry 
     Pratt: ``Kill the Indian in him, and save the man.'';
       (5) the children who perished at Indian Boarding Schools or 
     in neighboring hospitals and other institutions were buried 
     in on-campus and off-campus cemeteries and unmarked graves;
       (6) parents of children who were forcibly removed from or 
     coerced into leaving their homes and placed in Indian 
     Boarding Schools were prohibited from visiting or engaging in 
     correspondence with their children;
       (7) parental resistance to compliance with the harsh, no-
     contact policy of Indian Boarding Schools resulted in parents 
     being incarcerated or losing access to basic human rights, 
     food rations, and clothing; and
       (8) the Federal Government has a responsibility to fully 
     investigate its role in, and the lasting effects of, Indian 
     Boarding School Policies.

     SEC. 5003. PURPOSES.

       The purposes of this division are--
       (1) to establish a Truth and Healing Commission on Indian 
     Boarding School Policies in the United States, including 
     other necessary advisory committees and subcommittees;
       (2) to formally investigate, document, and report on the 
     histories of Indian Boarding Schools, Indian Boarding School 
     Polices, and the systematic and long-term effects of those 
     schools and policies on Native American peoples;
       (3) to develop recommendations for Federal action based on 
     the findings of the Commission; and
       (4) to promote healing for survivors of Indian Boarding 
     Schools, the descendants of those survivors, and the 
     communities of those survivors.

     SEC. 5004. DEFINITIONS.

       In this division:
       (1) Commission.--The term ``Commission'' means the Truth 
     and Healing Commission on Indian Boarding School Policies in 
     the United States established by section 5101(a).
       (2) Federal truth and healing advisory committee.--The term 
     ``Federal Truth and Healing Advisory Committee'' means the 
     Federal Truth and Healing Advisory Committee established by 
     section 5211(a).
       (3) Indian.--The term ``Indian'' has the meaning given the 
     term in section 6151 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7491).
       (4) Indian boarding school.--The term ``Indian Boarding 
     School'' means--
       (A) a site of an institution that--
       (i) provided on-site housing or overnight lodging;
       (ii) was described in Federal records as providing formal 
     academic or vocational training and instruction to American 
     Indians, Alaska Natives, or Native Hawaiians;
       (iii) received Federal funds or other Federal support; and
       (iv) was operational before 1969;
       (B) a site of an institution identified by the Department 
     of the Interior in appendices A and B of the report entitled 
     ``Federal Indian Boarding School Initiative Investigative 
     Report'' and dated May 2022 (or a successor report); or
       (C) any other institution that implemented Indian Boarding 
     School Policies, including an Indian day school.
       (5) Indian boarding school policies.--The term ``Indian 
     Boarding School Policies'' means Federal laws, policies, and 
     practices purported to ``assimilate'' and ``civilize'' 
     American Indians, Alaska Natives, and Native Hawaiians that 
     included psychological, physical, sexual, and mental abuse, 
     forced removal from home or community, and identity-altering 
     practices intended to terminate Native languages, cultures, 
     religions, social organizations, or connections to 
     traditional land.
       (6) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (7) Native american.--The term ``Native American'' means an 
     individual who is--
       (A) an Indian; or
       (B) a Native Hawaiian.
       (8) Native american truth and healing advisory committee.--
     The term ``Native American Truth and Healing Advisory 
     Committee'' means the Native American Truth and Healing 
     Advisory Committee established by the Commission under 
     section 5201(a).
       (9) Native hawaiian.--The term ``Native Hawaiian'' has the 
     meaning given the term in section 6207 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7517).
       (10) Native hawaiian organization.--The term ``Native 
     Hawaiian organization'' means a private nonprofit 
     organization that--
       (A) serves and represents the interests of Native 
     Hawaiians;
       (B) has as its primary and stated purpose the provision of 
     services to Native Hawaiians;
       (C) has Native Hawaiians serving in substantive and 
     policymaking positions; and
       (D) is recognized for having expertise in Native Hawaiian 
     affairs.
       (11) Office of hawaiian affairs.--The term ``Office of 
     Hawaiian Affairs'' has the meaning given the term in section 
     6207 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7517).
       (12) Survivors truth and healing subcommittee.--The term 
     ``Survivors Truth and Healing Subcommittee'' means the 
     Survivors Truth and Healing Subcommittee established by 
     section 5121(a).
       (13) Trauma-informed care.--The term ``trauma-informed 
     care'' means holistic psychological and health care practices 
     that include promoting culturally responsive practices, 
     patient psychological, physical, and emotional safety, and 
     environments of healing, trust, peer support, and recovery.
       (14) Tribal organization.--The term ``Tribal organization'' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).

                 TITLE LI--COMMISSION AND SUBCOMMITTEES

  Subtitle A--Truth and Healing Commission on Indian Boarding School 
                     Policies in the United States

     SEC. 5101. TRUTH AND HEALING COMMISSION ON INDIAN BOARDING 
                   SCHOOL POLICIES IN THE UNITED STATES.

       (a) Establishment.--There is established a commission, to 
     be known as the ``Truth and Healing Commission on Indian 
     Boarding School Policies in the United States''.
       (b) Membership.--
       (1) Membership.--
       (A) In general.--The Commission shall include 5 members, to 
     be jointly appointed by the majority and minority leaders of 
     the Senate, in consultation with the Chairperson

[[Page S4513]]

     and Vice Chairperson of the Committee on Indian Affairs of 
     the Senate, the Speaker of the House of Representatives, the 
     minority leader of the House of Representatives, and the 
     Chair and Ranking Member of the Committee on Natural 
     Resources of the House of Representatives, from among the 
     nominees submitted under paragraph (2)(A), of whom--
       (i) 1 shall be an individual with extensive experience and 
     expertise as a principal investigator overseeing or leading 
     complex research initiatives with and for Indian Tribes and 
     Native Americans;
       (ii) 1 shall be an individual (barred in good standing) 
     with extensive experience and expertise in the area of 
     indigenous human rights law and policy, including overseeing 
     or leading broad-scale investigations of abuses of indigenous 
     human rights;
       (iii) 1 shall be an individual with extensive experience 
     and expertise in Tribal court judicial and restorative 
     justice systems and Federal agencies, such as participation 
     as a Tribal judge, researcher, or former presidentially 
     appointed commissioner;
       (iv) 1 shall be an individual with extensive experience and 
     expertise in providing and coordinating trauma-informed care 
     and other health-related services to Indian Tribes and Native 
     Americans; and
       (v) 1 shall be a Native American individual recognized as a 
     traditional cultural authority by their respective Native 
     community.
       (B) Additional requirements for membership.--In addition to 
     the requirements described in subparagraph (A), members of 
     the Commission shall be persons of recognized integrity and 
     empathy, with a demonstrated commitment to the values of 
     truth, reconciliation, healing, and expertise in truth and 
     healing endeavors that are traditionally and culturally 
     appropriate so as to provide balanced points of view and 
     expertise with respect to the duties of the Commission.
       (2) Nominations.--
       (A) In general.--Indian Tribes, Tribal organizations, 
     Native Americans, the Office of Hawaiian Affairs, and Native 
     Hawaiian organizations may submit to the Secretary of the 
     Interior nominations for individuals to be appointed to the 
     Commission not later than 90 days after the date of enactment 
     of this Act.
       (B) Native american preference.--Individuals nominated 
     under subparagraph (A) who are Native American shall receive 
     a preference in the selection process for appointment to the 
     Commission under paragraph (1).
       (C) Submission to congress.--Not later than 7 days after 
     the submission deadline for nominations described in 
     subparagraph (A), the Secretary of the Interior shall submit 
     to Congress a list of the individuals nominated under that 
     subparagraph.
       (3) Date.--Members of the Commission under paragraph (1) 
     shall be appointed not later than 180 days after the date of 
     enactment of this Act.
       (4) Period of appointment; vacancies; removal.--
       (A) Period of appointment.--A member of the Commission 
     shall be appointed for a term that is the shorter of--
       (i) 6 years; and
       (ii) the life of the Commission.
       (B) Vacancies.--After all initial members of the Commission 
     are appointed and the initial business meeting of the 
     Commission has been convened under subsection (c)(1), a 
     single vacancy in the Commission--
       (i) shall not affect the powers of the Commission; and
       (ii) shall be filled within 90 days in the same manner as 
     was the original appointment.
       (C) Removal.--A quorum of members of the Commission may 
     remove a member of the Commission only for neglect of duty or 
     malfeasance.
       (5) Termination.--The Commission shall terminate 30 days 
     after the date on which the Commission completes its duties 
     under section 5111(e)(5)(B).
       (6) Limitation.--No member of the Commission shall be an 
     officer or employee of the Federal Government.
       (c) Business Meetings.--
       (1) Initial business meeting.--90 days after the date on 
     which all of the members of the Commission are appointed 
     under subsection (b)(1)(A), the Commission shall hold the 
     initial business meeting of the Commission--
       (A) to appoint a Chairperson, a Vice Chairperson, a 
     Secretary, and such other positions as determined necessary 
     by the Commission;
       (B) to establish rules for meetings of the Commission; and
       (C) to appoint members of--
       (i) the Survivors Truth and Healing Subcommittee under 
     section 5121(b)(1); and
       (ii) the Native American Truth and Healing Advisory 
     Committee under section 5201(b)(1).
       (2) Subsequent business meetings.--After the initial 
     business meeting of the Commission is held under paragraph 
     (1), the Commission shall meet at the call of the 
     Chairperson.
       (3) Advisory and subcommittee committees designees.--Each 
     Commission business meeting shall include participation by 2 
     non-voting designees from each of the Survivors Truth and 
     Healing Subcommittee, the Native American Truth and Healing 
     Advisory Committee, and the Federal Truth and Healing 
     Advisory Committee, as appointed in accordance with section 
     5121(c)(1)(D), section 5201(e)(1)(C), and section 
     5211(c)(1)(C), as applicable.
       (4) Format of meetings.--A business meeting of the 
     Commission may be conducted in-person, virtually, or via 
     phone.
       (5) Quorum required.--A business meeting of the Commission 
     may only be held once a quorum, established in accordance 
     with subsection (d), is present.
       (d) Quorum.--A simple majority of the members of the 
     Commission present shall constitute a quorum for a business 
     meeting.
       (e) Rules.--The Commission may establish, by a majority 
     vote, any rules for the conduct of Commission business, in 
     accordance with this section and other applicable law.
       (f) Commission Personnel Matters.--
       (1) Compensation of commissioners.--A member of the 
     Commission shall be compensated at a daily equivalent of the 
     annual rate of basic pay prescribed for grade 14 of the 
     General Schedule under section 5332 of title 5, United States 
     Code, for each day, not to exceed 14 days per month, for 
     which a member is engaged in the performance of their duties 
     under this division, including convening meetings, including 
     business meetings or public or private meetings to receive 
     testimony in furtherance of the duties of the Commission and 
     the purposes of this division.
       (2) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (3) Detail of government employees.--Any Federal Government 
     employee, with the approval of the head of the appropriate 
     Federal agency and at the request of the Commission, may be 
     detailed to the Commission without--
       (A) reimbursement to the agency of that employee; and
       (B) interruption or loss of civil service status, benefits, 
     or privileges.
       (g) Powers of Commission.--
       (1) Hearings and evidence.--The Commission may, for the 
     purpose of carrying out this division--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, and receive such evidence, 
     virtually or in-person, as the Commission may determine 
     necessary to accomplish the purposes of this division;
       (B) conduct or request such interdisciplinary research, 
     investigation, or analysis of such information and documents, 
     records, or other evidence as the Commission may determine 
     necessary to accomplish the purposes of this division, 
     including--
       (i) securing, directly from a Federal agency, such 
     information as the Commission considers necessary to 
     accomplish the purposes of this division; and
       (ii) requesting the head of any relevant Tribal or State 
     agency to provide to the Commission such information as the 
     Commission considers necessary to accomplish the purposes of 
     this division;
       (C) subject to paragraphs (1) and (2) of subsection (i), 
     require, by subpoena or otherwise, the production of such 
     records, papers, correspondence, memoranda, documents, books, 
     videos, oral histories, recordings, or any other paper or 
     electronic material, as the Commission may determine 
     necessary to accomplish the purposes of this division;
       (D) oversee, direct, and collaborate with the Federal Truth 
     and Healing Advisory Committee, the Native American Truth and 
     Healing Advisory Committee, and the Survivors Truth and 
     Healing Subcommittee to accomplish the purposes of this 
     division; and
       (E) coordinate with Federal and non-Federal entities to 
     preserve and archive, as appropriate, any gifts, documents, 
     or other property received while carrying out the purposes of 
     this division.
       (2) Contracting; volunteer services.--
       (A) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriations Acts, and in 
     accordance with applicable law, enter into contracts and 
     other agreements with public agencies, private organizations, 
     and individuals to enable the Commission to carry out the 
     duties of the Commission under this division.
       (B) Volunteer and uncompensated services.--Notwithstanding 
     section 1342 of title 31, United States Code, the Commission 
     may accept and use such voluntary and uncompensated services 
     as the Commission determines to be necessary.
       (C) General services administration.--The Administrator of 
     General Services shall provide, on request of the Commission, 
     on a reimbursable basis, administrative support and other 
     services for the performance of the functions of the 
     Commission under this division.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (4) Gifts, fundraising, and disbursement.--
       (A) Gifts and donations.--
       (i) In general.--The Commission may accept, use, and 
     dispose of any gift, donation, service, property, or other 
     record or recording to accomplish the purposes of this 
     division.
       (ii) Return of gifts and donations.--On termination of the 
     Commission under subsection (b)(5), any gifts, unspent 
     donations,

[[Page S4514]]

     property, or other record or recording accepted by the 
     Commission under clause (i) shall be--

       (I) returned to the applicable donor that made the donation 
     under that clause; or
       (II) archived under subparagraph (E).

       (B) Fundraising.--The Commission may, on the affirmative 
     vote of \3/5\ of the members of the Commission, solicit funds 
     to accomplish the purposes of this division.
       (C) Disbursement.--The Commission may, on the affirmative 
     vote of \3/5\ of the members of the Commission, approve the 
     expenditure of funds to accomplish the purposes of this 
     division.
       (D) Tax documents.--The Commission (or a designee) shall, 
     on request of a donor under subparagraph (A) or (B), provide 
     tax documentation to that donor for any tax-deductible gift 
     made by that donor under those subparagraphs.
       (E) Archiving.--The Commission shall coordinate with the 
     Library of Congress and the National Museum of the American 
     Indian to archive and preserve relevant gifts or donations 
     received under subparagraph (A) or (B).
       (h) Convening.--
       (1) Convening protocol.--
       (A) In general.--Not later than 45 days after the initial 
     business meeting of the Native American Truth and Healing 
     Advisory Committee, the Commission, 3 designees from the 
     Native American Truth and Healing Advisory Committee, and 3 
     designees from the Survivors Truth and Healing Subcommittee 
     shall hold a meeting to establish rules, protocols, and 
     formats for convenings carried out under this subsection.
       (B) Rules and protocols.--Not later than 45 days after the 
     initial meeting described in subparagraph (A), the Commission 
     shall finalize rules, protocols, and formats for convenings 
     carried out under this subsection by a \3/5\ majority in 
     attendance at a meeting of the Commission.
       (C) Additional meetings.--The Commission and designees 
     described in subparagraph (A) may hold additional meetings, 
     as necessary, to amend, by a \3/5\ majority in attendance at 
     a meeting of the Commission, the rules, protocols, and 
     formats for convenings established under that subparagraph.
       (2) Announcement of convenings.--Not later than 30 days 
     before the date of a convening under this subsection, the 
     Commission shall announce the location and details of the 
     convening.
       (3) Minimum number of convenings.--The Commission shall 
     hold--
       (A) not fewer than 1 convening in each of the 12 regions of 
     the Bureau of Indian Affairs and Hawai`i during the life of 
     the Commission; and
       (B) beginning 1 year after the date of enactment of this 
     Act, not fewer than 1 convening per quarter to receive 
     testimony each calendar year until the date on which the 
     Commission submits the final report of the Commission under 
     section 5111(e)(3).
       (4) Opportunity to provide testimony.--No person or entity 
     shall be denied the opportunity to provide relevant testimony 
     at a convenings held under this subsection, subject to the 
     discretion of the Chairperson of the Commission (or a 
     designee).
       (i) Subpoenas.--
       (1) In general.--
       (A) Issuance of subpoenas.--
       (i) In general.--If a person fails to supply information 
     requested by the Commission, the Commission may issue, on a 
     unanimous vote of the Commission, a subpoena requiring from a 
     person the production of any written or recorded evidence 
     necessary to carry out the duties of the Commission under 
     section 5111.
       (ii) Notification.--

       (I) In general.--Not later than 10 days before the date on 
     which the Commission issues a subpoena under clause (i), the 
     Commission shall submit to the Attorney General a 
     confidential, written notice of the intent to issue the 
     subpoena.
       (II) Subpoena prohibited by attorney general.--

       (aa) In general.--The Attorney General, on receiving a 
     notice under subclause (I), may, on a showing of a procedural 
     or substantive defect, and after the Commission has a 
     reasonable opportunity to cure, prohibit the issuance of the 
     applicable subpoena described in that notice.
       (bb) Notification to congress.--On prohibition of the 
     issuance of a subpoena under item (aa), the Attorney General 
     shall submit to Congress a report detailing the reasons for 
     that prohibition.
       (B) Production of evidence.--The production of evidence may 
     be required from any place within the United States.
       (2) Failure to obey a subpoena.--
       (A) Order from a district court of the united states.--If a 
     person does not obey a subpoena issued under paragraph (1), 
     the Commission is authorized to apply to a district court of 
     the United States described in subparagraph (B) for an order 
     requiring that person to comply with the subpoena.
       (B) Location.--An application under subparagraph (A) may be 
     made within the judicial district where the person described 
     in that subparagraph resides or transacts business.
       (C) Penalty.--Any failure to obey an order of a court 
     described in subparagraph (A) may be punished by the court as 
     a civil contempt.
       (3) Subject matter jurisdiction.--The district court of the 
     United States in which an action is brought under paragraph 
     (2)(B) shall have original jurisdiction over any civil action 
     brought by the Commission to enforce, secure a declaratory 
     judgment concerning the validity of, or prevent a threatened 
     refusal or failure to comply with the applicable subpoena 
     issued by the Commission.
       (4) Service of subpoenas.--The subpoenas of the Commission 
     shall be served in the manner provided for subpoenas issued 
     by a district court of the United States under the Federal 
     Rules of Civil Procedure.
       (5) Service of process.--All process of any court to which 
     an application is made under paragraph (2) may be served in 
     the judicial district in which the person required to be 
     served resides or transacts business.
       (j) Nondisclosure.--
       (1) Privacy act of 1974 applicability.--Subsection (b) of 
     section 552a of title 5, United States Code (commonly known 
     as the ``Privacy Act of 1974''), shall not apply to the 
     Commission.
       (2) Freedom of information act applicability.--Records and 
     other communications provided to, from, between, or within 
     the Commission, the Federal Truth and Healing Advisory 
     Committee, the Native American Truth and Healing Advisory 
     Committee, the Survivors Truth and Healing Subcommittee, and 
     related agencies shall be exempt from disclosure under 
     subsection (b)(3)(B) of section 552 of title 5, United States 
     Code (commonly known as the ``Freedom of Information Act'').
       (3) Federal advisory committee act applicability.--Chapter 
     10 of title 5, United States Code (commonly known as the 
     ``Federal Advisory Committee Act''), shall not apply to the 
     Commission.
       (k) Consultation or Engagement With Native Americans, 
     Indian Tribes, Tribal Organizations, the Office of Hawaiian 
     Affairs, and Native Hawaiian Organizations.--In carrying out 
     the duties of the Commission under section 5111, the 
     Commission shall meaningfully consult or engage, as 
     appropriate, in a timely manner with Native Americans, Indian 
     Tribes, Tribal organizations, the Office of Hawaiian Affairs, 
     and Native Hawaiian organizations.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Commission to carry out this 
     division $15,000,000 for each fiscal year, to remain 
     available until expended.

                  Subtitle B--Duties of the Commission

     SEC. 5111. DUTIES OF THE COMMISSION.

       (a) Investigation.--
       (1) In general.--The Commission shall conduct a 
     comprehensive interdisciplinary investigation of Indian 
     Boarding School Policies, including the social, cultural, 
     economic, emotional, and physical effects of Indian Boarding 
     School Policies in the United States on Native American 
     communities, Indian Tribes, survivors of Indian Boarding 
     Schools, families of those survivors, and their descendants.
       (2) Matters to be investigated.--The matters to be 
     investigated by the Commission under paragraph (1) shall 
     include, at a minimum--
       (A) conducting a comprehensive review of existing research 
     and historical records of Indian Boarding School Policies and 
     any documentation, scholarship, or other resources relevant 
     to the purposes of this division from--
       (i) any archive or any other document storage location, 
     notwithstanding the location of that archive or document 
     storage location; and
       (ii) any research conducted by private individuals, private 
     entities, and non-Federal Government entities, whether 
     domestic or foreign, including religious institutions;
       (B) collaborating with the Federal Truth and Healing 
     Advisory Committee to obtain all relevant information from--
       (i) the Department of the Interior, the Department of 
     Health and Human Services, other relevant Federal agencies, 
     and institutions or organizations, including religious 
     institutions or organizations, that operated an Indian 
     Boarding School, carried out Indian Boarding School Policies, 
     or have information the Commission determines relevant to the 
     investigation of the Commission; and
       (ii) Indian Tribes, Tribal organizations, Native Americans, 
     the Office of Hawaiian Affairs, and Native Hawaiian 
     organizations; and
       (C) conducting a comprehensive assessment of the impacts of 
     Indian Boarding School Policies on American Indian, Alaska 
     Native, and Native Hawaiian cultures, traditions, and 
     languages.
       (3) Research related to objects, artifacts, and real 
     property.--If the Commission conducts a comprehensive review 
     of research described in paragraph (2)(A)(ii) that focuses on 
     objects, artifacts, or real or personal property that are in 
     the possession or control of private individuals, private 
     entities, or non-Federal government entities within the 
     United States, the Commission may enter into a contract or 
     agreement to acquire, hold, curate, or maintain those 
     objects, artifacts, or real or personal property until the 
     objects, artifacts, or real or personal property can be 
     properly repatriated or returned, consistent with applicable 
     Federal law and regulations, subject to the condition that no 
     Federal funds may be used to purchase those objects, 
     artifacts, or real or personal property.
       (b) Meetings and Convenings.--
       (1) In general.--The Commission shall hold, with the advice 
     of the Native American Truth and Healing Advisory Committee 
     and the Survivors Truth and Healing Subcommittee, and in 
     coordination with, as relevant, Indian Tribes, Tribal 
     organizations,

[[Page S4515]]

     the Office of Hawaiian Affairs, and Native Hawaiian 
     organizations, as part of its investigation under subsection 
     (a), safe, trauma-informed, and culturally appropriate public 
     or private meetings or convenings to receive testimony 
     relating to that investigation.
       (2) Requirements.--The Commission shall ensure that 
     meetings and convenings held under paragraph (1) provide 
     access to adequate trauma-informed care services for 
     participants, attendees, and communities during and following 
     the meetings and convenings where the Commission receives 
     testimony, including ensuring private space is available for 
     survivors and descendants of survivors, family members, and 
     other community members to receive trauma-informed care 
     services.
       (c) Recommendations.--
       (1) In general.--The Commission shall make recommendations 
     to Congress relating to the investigation carried out under 
     subsection (a), which shall be included in the final report 
     required under subsection (e)(3).
       (2) Inclusions.--Recommendations made under paragraph (1) 
     shall include, at a minimum, recommendations relating to--
       (A) in light of Tribal and Native Hawaiian law, Tribal 
     customary law, tradition, custom, and practice, how the 
     Federal Government can meaningfully acknowledge the role of 
     the Federal Government in supporting Indian Boarding School 
     Policies in all issue areas that the Commission determines 
     relevant, including appropriate forms of memorialization, 
     preservation of records, objects, artifacts, and burials;
       (B) how modification of existing laws, procedures, 
     regulations, policies, budgets, and practices will, in the 
     determination of the Commission, address the findings of the 
     Commission and ongoing effects of Indian Boarding School 
     Policies; and
       (C) how the Federal Government can promote public awareness 
     and education of Indian Boarding School Policies and the 
     impacts of those policies, including through coordinating 
     with the Native American Truth and Healing Advisory 
     Committee, the Survivors Truth and Healing Subcommittee, the 
     National Museum of the American Indian, and other relevant 
     institutions and organizations.
       (d) Duties Related to Burials.--The Commission shall, with 
     respect to burial sites associated with Indian Boarding 
     Schools--
       (1) coordinate, as appropriate, with the Native American 
     Truth and Healing Advisory Committee, the Federal Truth and 
     Healing Advisory Committee, the Survivors Truth and Healing 
     Subcommittee, lineal descendants, Indian Tribes, the Office 
     of Hawaiian Affairs, Federal agencies, institutions, and 
     organizations to locate and identify, in a culturally 
     appropriate manner, marked and unmarked burial sites, 
     including cemeteries, unmarked graves, and mass burial sites, 
     where students of Indian Boarding Schools were originally or 
     later interred;
       (2) locate, document, analyze, and coordinate the 
     preservation or continued preservation of records and 
     information relating to the interment of students, including 
     any records held by Federal, State, international, or local 
     entities or religious institutions or organizations; and
       (3) share, to the extent practicable, with affected lineal 
     descendants, Indian Tribes, and the Office of Hawaiian 
     Affairs burial locations and the identities of children that 
     attended Indian Boarding Schools.
       (e) Reports.--
       (1) Annual reports to congress.--Not less frequently than 
     annually each year until the year before the year in which 
     the Commission submits the final report under paragraph (3), 
     the Commission shall submit to the Committee on Indian 
     Affairs of the Senate and the Committee on Natural Resources 
     of the House of Representatives a report that describes the 
     activities of the Committee during the previous year, 
     including an accounting of funds and gifts received and 
     expenditures made, the progress made, and any barriers 
     encountered in carrying out this division.
       (2) Commission initial report.--Not later than 4 years 
     after the date on which a majority of the members of the 
     Commission are appointed under section 5101(b)(1), the 
     Commission shall submit to the individuals described in 
     paragraph (4), and make publicly available, an initial report 
     containing--
       (A) a detailed review of existing research, including 
     documentation, scholarship, or other resources shared with 
     the Commission that further the purposes of this division;
       (B) a detailed statement of the initial findings and 
     conclusions of the Commission; and
       (C) a detailed statement of the initial recommendations of 
     the Commission.
       (3) Commission final report.--Not later than 6 years after 
     the date on which a majority of the members of the Commission 
     are appointed under section 5101(b)(1), the Commission shall 
     submit to the individuals described in paragraph (4), and 
     make publicly available, a final report containing the 
     findings, conclusions, and recommendations of the Commission 
     that have been agreed on by the vote of a majority of the 
     members of the Commission and \3/5\ of the members of each of 
     the Native American Truth and Healing Advisory Committee and 
     the Survivors Truth and Healing Subcommittee.
       (4) Report recipients.--The individuals referred to in 
     paragraphs (2) and (3) are--
       (A) the President;
       (B) the Secretary of the Interior;
       (C) the Attorney General;
       (D) the Comptroller General of the United States;
       (E) the Secretary of Education;
       (F) the Secretary of Health and Human Services;
       (G) the Secretary of Defense;
       (H) the Chairperson and Vice Chairperson of the Committee 
     on Indian Affairs of the Senate;
       (I) the Chairperson and Ranking Member of the Committee on 
     Natural Resources of the House of Representatives;
       (J) the Chair and Co-Chair of the Congressional Native 
     American Caucus;
       (K) the Executive Director of the White House Council on 
     Native American Affairs;
       (L) the Director of the Office of Management and Budget;
       (M) the Archivist of the United States;
       (N) the Librarian of Congress; and
       (O) the Director of the National Museum of the American 
     Indian.
       (5) Additional commission responsibilities relating to the 
     publication of the initial and final reports.--
       (A) Events relating to initial report.--
       (i) In general.--The Commission shall hold not fewer than 2 
     events in each region of the Bureau of Indian Affairs and 
     Hawai`i following publication of the initial report under 
     paragraph (2) to receive comments on the initial report.
       (ii) Timing.--The schedule of events referred to in clause 
     (i) shall be announced not later than 90 days after the date 
     on which the initial report under paragraph (2) is published.
       (B) Publication of final report.--Not later than 180 days 
     after the date on which the Commission submits the final 
     report under paragraph (3), the Commission, the Secretary of 
     the Interior, the Secretary of Education, the Secretary of 
     Defense, and the Secretary of Health and Human Services shall 
     each make the final report publicly available on the website 
     of the applicable agency.
       (6) Secretarial response to final report.--Not later than 
     120 days after the date on which the Secretary of the 
     Interior, the Secretary of Education, the Secretary of 
     Defense, and the Secretary of Health and Human Services 
     receive the final report under paragraph (3), the Secretaries 
     shall each make publicly available a written response to 
     recommendations for future action by those agencies, if any, 
     contained in the final report, and submit the written 
     response to--
       (A) the President;
       (B) the Committee on Indian Affairs of the Senate;
       (C) the Committee on Natural Resources of the House of 
     Representatives; and
       (D) the Comptroller General of the United States.

          Subtitle C--Survivors Truth and Healing Subcommittee

     SEC. 5121. SURVIVORS TRUTH AND HEALING SUBCOMMITTEE.

       (a) Establishment.--There is established a subcommittee of 
     the Commission, to be known as the ``Survivors Truth and 
     Healing Subcommittee''.
       (b) Membership, Nomination, and Appointment to the 
     Survivors Truth and Healing Subcommittee.--
       (1) Membership.--The Survivors Truth and Healing 
     Subcommittee shall include 15 members, to be appointed by the 
     Commission, in consultation with the National Native American 
     Boarding School Healing Coalition, from among the nominees 
     submitted under paragraph (2)(A), of whom--
       (A) 13 shall be representatives from each of the 12 regions 
     of the Bureau of Indian Affairs and Hawai`i;
       (B) 9 shall be individuals who attended an Indian Boarding 
     School, of whom--
       (i) not fewer than 2 shall be individuals who graduated 
     during the 5-year period preceding the date of enactment of 
     this Act from--

       (I) an Indian Boarding School in operation as of that date 
     of enactment; or
       (II) a Bureau of Indian Education-funded school; and

       (ii) all shall represent diverse regions of the United 
     States;
       (C) 5 shall be descendants of individuals who attended 
     Indian Boarding Schools, who shall represent diverse regions 
     of the United States; and
       (D) 1 shall be an educator who, as of the date of the 
     appointment--
       (i) is employed at an Indian Boarding School; or
       (ii) was employed at an Indian Boarding School during the 
     5-year period preceding the date of enactment of this Act.
       (2) Nominations.--
       (A) In general.--Indian Tribes, Tribal organizations, 
     Native Americans, the Office of Hawaiian Affairs, and Native 
     Hawaiian organizations may submit to the Secretary of the 
     Interior nominations for individuals to be appointed to the 
     Survivors Truth and Healing Subcommittee not later than 90 
     days after the date of enactment of this Act.
       (B) Submission.--The Secretary of the Interior shall 
     provide the Commission with nominations submitted under 
     subparagraph (A) at the initial business meeting of the 
     Commission under section 5101(c)(1) and the Commission shall 
     select the members of the Survivors Truth and Healing 
     Subcommittee from among those nominees.
       (3) Date.--
       (A) In general.--The Commission shall appoint all members 
     of the Survivors Truth and Healing Subcommittee during the 
     initial business meeting of the Commission under section 
     5101(c)(1).

[[Page S4516]]

       (B) Failure to appoint.--If the Commission fails to appoint 
     all members of the Survivors Truth and Healing Subcommittee 
     in accordance with subparagraph (A), the Chair of the 
     Committee on Indian Affairs of the Senate, with the 
     concurrence of the Vice Chair of the Committee on Indian 
     Affairs of the Senate, shall appoint individuals, in 
     accordance with the requirements of paragraph (1), to all 
     vacant positions of the Survivors Truth and Healing 
     Subcommittee not later than 30 days after the date of the 
     initial business meeting of the Commission under section 
     5101(c)(1).
       (4) Period of appointment; vacancies; removal.--
       (A) Period of appointment.--A member of the Survivors Truth 
     and Healing Subcommittee shall be appointed for an 
     automatically renewable term of 2 years.
       (B) Vacancies.--
       (i) In general.--A member of the Survivors Truth and 
     Healing Subcommittee may self-vacate the position at any time 
     and for any reason.
       (ii) Effect; filling of vacancy.--A vacancy in the 
     Survivors Truth and Healing Subcommittee--

       (I) shall not affect the powers of the Survivors Truth and 
     Healing Subcommittee if a simple majority of the positions of 
     the Survivors Truth and Healing Subcommittee are filled; and
       (II) shall be filled within 90 days in the same manner as 
     was the original appointment.

       (C) Removal.--A quorum of members of the Commission may 
     remove a member of the Survivors Truth and Healing 
     Subcommittee only for neglect of duty or malfeasance.
       (5) Termination.--The Survivors Truth and Healing 
     Subcommittee shall terminate 90 days after the date on which 
     the Commission submits the final report required under 
     section 5111(e)(3).
       (6) Limitation.--No member of the Survivors Truth and 
     Healing Subcommittee shall be an officer or employee of the 
     Federal Government.
       (c) Business Meetings.--
       (1) Initial meeting.--Not later 30 days after the date on 
     which all members of the Survivors Truth and Healing 
     Subcommittee are appointed under subsection (b)(1), the 
     Survivors Truth and Healing Subcommittee shall hold an 
     initial business meeting--
       (A) to appoint--
       (i) a Chairperson, who shall also serve as the Vice 
     Chairperson of the Federal Truth and Healing Advisory 
     Committee;
       (ii) a Vice Chairperson, who shall also serve as the Vice 
     Chairperson of the Native American Truth and Healing Advisory 
     Committee; and
       (iii) a Secretary;
       (B) to establish, with the advice of the Commission, rules 
     for the Survivors Truth and Healing Subcommittee;
       (C) to appoint 3 designees to fulfill the responsibilities 
     described in section 5101(h)(1)(A); and
       (D) to appoint, with the advice of the Commission, 2 
     members of the Survivors Truth and Healing Subcommittee to 
     serve as non-voting designees on the Commission in accordance 
     with section 5101(c)(3).
       (2) Subsequent business meetings.--After the initial 
     business meeting of the Survivors Truth and Healing 
     subcommittee is held under paragraph (1), the Survivors Truth 
     and Healing Subcommittee shall meet at the call of the 
     Chairperson.
       (3) Format of business meetings.--A business meeting of the 
     Survivors Truth and Healing Subcommittee may be conducted in-
     person, virtually, or via phone.
       (4) Quorum required.--A business meeting of the Survivors 
     Truth and Healing Subcommittee may only be held once a 
     quorum, established in accordance with subsection (d), is 
     present.
       (d) Quorum.--A simple majority of the members of the 
     Survivors Truth and Healing Subcommittee present shall 
     constitute a quorum for a business meeting.
       (e) Rules.--The Survivors Truth and Healing Subcommittee, 
     with the advice of the Commission, may establish, by a 
     majority vote, any rules for the conduct of business, in 
     accordance with this section and other applicable law.
       (f) Duties.--The Survivors Truth and Healing Subcommittee 
     shall--
       (1) assist the Commission, the Native American Truth and 
     Healing Advisory Committee, and the Federal Truth and Healing 
     Advisory Committee in coordinating public and private 
     convenings, including--
       (A) providing advice to the Commission on developing 
     criteria and protocols for convenings; and
       (B) providing advice and evaluating Committee 
     recommendations relating to the commemoration and public 
     education relating to Indian Boarding Schools and Indian 
     Boarding School Policies; and
       (2) provide advice to, or fulfill such other requests by, 
     the Commission as the Commission may require to carry out the 
     purposes described in section 5003.
       (g) Consultation or Engagement With Native Americans, 
     Indian Tribes, Tribal Organizations, the Office of Hawaiian 
     Affairs, and Native Hawaiian Organizations.--In carrying out 
     the duties of the Survivors Truth and Healing Subcommittee 
     under subsection (f), the Survivors Truth and Healing 
     Subcommittee shall meaningfully consult or engage, as 
     appropriate, in a timely manner with Native Americans, Indian 
     Tribes, Tribal organizations, the Office of Hawaiian Affairs, 
     and Native Hawaiian organizations.
       (h) Nondisclosure.--
       (1) Privacy act of 1974 applicability.--Subsection (b) of 
     section 552a of title 5, United States Code (commonly known 
     as the ``Privacy Act of 1974''), shall not apply to the 
     Survivors Truth and Healing Subcommittee.
       (2) Freedom of information act applicability.--Records and 
     other communications provided to, from, between, or within 
     the Commission, the Federal Truth and Healing Advisory 
     Committee, the Native American Truth and Healing Advisory 
     Committee, the Survivors Truth and Healing Subcommittee, and 
     related agencies shall be exempt from disclosure under 
     subsection (b)(3)(B) of section 552 of title 5, United States 
     Code (commonly known as the ``Freedom of Information Act'').
       (3) Federal advisory committee act applicability.--Chapter 
     10 of title 5, United States Code (commonly known as the 
     ``Federal Advisory Committee Act''), shall not apply to the 
     Survivors Truth and Healing Subcommittee.
       (i) Personnel Matters.--
       (1) Compensation of members.--A member of the Survivors 
     Truth and Healing Subcommittee shall be compensated at a 
     daily equivalent of the annual rate of basic pay prescribed 
     for grade 13 of the General Schedule under section 5332 of 
     title 5, United States Code, for each day, not to exceed 14 
     days per month, for which a member of the Survivors Truth and 
     Healing Subcommittee is engaged in the performance of their 
     duties under this division, including the convening of 
     meetings, including public and private meetings to receive 
     testimony in furtherance of the duties of the Survivors Truth 
     and Healing Subcommittee and the purposes of this division.
       (2) Travel expenses.--A member of the Survivors Truth and 
     Healing Subcommittee shall be allowed travel expenses, 
     including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Survivors Truth and Healing Subcommittee.

                     TITLE LII--ADVISORY COMMITTEES

    Subtitle A--Native American Truth and Healing Advisory Committee

     SEC. 5201. NATIVE AMERICAN TRUTH AND HEALING ADVISORY 
                   COMMITTEE.

       (a) Establishment.--The Commission shall establish an 
     advisory committee, to be known as the ``Native American 
     Truth and Healing Advisory Committee''.
       (b) Membership, Nomination, and Appointment to the Native 
     American Truth and Healing Advisory Committee .--
       (1) Membership.--
       (A) In general.--The Native American Truth and Healing 
     Advisory Committee shall include 19 members, to be appointed 
     by the Commission from among the nominees submitted under 
     paragraph (2)(A), of whom--
       (i) 1 shall be the Vice Chairperson of the Commission, who 
     shall serve as the Chairperson of the Native American Truth 
     and Healing Advisory Committee;
       (ii) 1 shall be the Vice Chairperson of the Survivors Truth 
     and Healing Subcommittee, who shall serve as the Vice 
     Chairperson of the Native American Truth and Healing Advisory 
     Committee;
       (iii) 1 shall be the Secretary of the Interior, or a 
     designee, who shall serve as the Secretary of the Native 
     American Truth and Healing Advisory Committee;
       (iv) 13 shall be representatives from each of the 12 
     regions of the Bureau of Indian Affairs and Hawai`i;
       (v) 1 shall represent the National Native American Boarding 
     School Healing Coalition;
       (vi) 1 shall represent the National Association of Tribal 
     Historic Preservation Officers; and
       (vii) 1 shall represent the National Indian Education 
     Association.
       (B) Additional requirements.--Not fewer than 2 members of 
     the Native American Truth and Healing Advisory Committee 
     shall have experience with health care or mental health, 
     traditional healing or cultural practices, counseling, or 
     working with survivors, or descendants of survivors, of 
     Indian Boarding Schools to ensure that the Commission 
     considers culturally responsive support for survivors, 
     families, and communities.
       (2) Nominations.--
       (A) In general.--Indian Tribes, Tribal organizations, 
     Native Americans, the Office of Hawaiian Affairs, and Native 
     Hawaiian organizations may submit to the Secretary of the 
     Interior nominations for individuals to be appointed to the 
     Native American Truth and Healing Advisory Committee not 
     later than 90 days after the date of enactment of this Act.
       (B) Submission.--The Secretary of the Interior shall 
     provide the Commission with nominations submitted under 
     subparagraph (A) at the initial business meeting of the 
     Commission under section 5101(c)(1) and the Commission shall 
     select the members of the Native American Truth and Healing 
     Advisory Committee from among those nominees.
       (3) Date.--
       (A) In general.--The Commission shall appoint all members 
     of the Native American Truth and Healing Advisory Committee 
     during the initial business meeting of the Commission under 
     section 5101(c)(1).

[[Page S4517]]

       (B) Failure to appoint.--If the Commission fails to appoint 
     all members of the Native American Truth and Healing Advisory 
     Committee in accordance with subparagraph (A), the Chair of 
     the Committee on Indian Affairs of the Senate, with the 
     concurrence of the Vice Chair of the Committee on Indian 
     Affairs of the Senate, shall appoint, in accordance with the 
     requirements of paragraph (1), individuals to all vacant 
     positions of the Native American Truth and Healing Advisory 
     Committee not later than 30 days after the date of the 
     initial business meeting of the Commission under section 
     5101(c)(1).
       (4) Period of appointment; vacancies.--
       (A) Period of appointment.--A member of the Native American 
     Truth and Healing Advisory Committee shall be appointed for 
     an automatically renewable term of 2 years.
       (B) Vacancies.--A vacancy in the Native American Truth and 
     Healing Advisory Committee--
       (i) shall not affect the powers of the Native American 
     Truth and Healing Advisory Committee if a simple majority of 
     the positions of the Native American Truth and Healing 
     Advisory Committee are filled; and
       (ii) shall be filled within 90 days in the same manner as 
     was the original appointment.
       (5) Termination.--The Native American Truth and Healing 
     Advisory Committee shall terminate 90 days after the date on 
     which the Commission submits the final report required under 
     section 5111(e)(3).
       (6) Limitation.--No member of the Native American Truth and 
     Healing Advisory Committee (other than the member described 
     in paragraph (1)(A)(iii)) shall be an officer or employee of 
     the Federal Government.
       (c) Quorum.--A simple majority of the members of the Native 
     American Truth and Healing Committee shall constitute a 
     quorum.
       (d) Removal.--A quorum of members of the Native American 
     Truth and Healing Committee may remove another member only 
     for neglect of duty or malfeasance.
       (e) Business Meetings.--
       (1) Initial business meeting.--Not later than 30 days after 
     the date on which all members of the Native American Truth 
     and Healing Advisory Committee are appointed under subsection 
     (b)(1)(A), the Native American Truth and Healing Advisory 
     Committee shall hold an initial business meeting--
       (A) to establish rules for the Native American Truth and 
     Healing Advisory Committee;
       (B) to appoint 3 designees to fulfill the responsibilities 
     described in section 5101(h)(1)(A); and
       (C) to appoint 2 members of the Native American Truth and 
     Healing Advisory Committee to serve non-voting as designees 
     on the Commission in accordance with section 5101(c)(3).
       (2) Subsequent business meetings.--After the initial 
     business meeting of the Native American Truth and Healing 
     Advisory Committee is held under paragraph (1), the Native 
     American Truth and Healing Advisory Committee shall meet at 
     the call of the Chairperson.
       (3) Format of business meetings.--A meeting of the Native 
     American Truth and Healing Advisory Committee may be 
     conducted in-person, virtually, or via phone.
       (4) Quorum required.--A business meeting of the Native 
     American Truth and Healing Advisory Committee may only be 
     held once a quorum, established in accordance with subsection 
     (c), is present.
       (f) Rules.--The Native American Truth and Healing Advisory 
     Committee may establish, with the advice of the Commission, 
     by a majority vote, any rules for the conduct of business, in 
     accordance with this section and other applicable law.
       (g) Duties.--The Native American Truth and Healing Advisory 
     Committee shall--
       (1) serve as an advisory body to the Commission;
       (2) assist the Commission in organizing and carrying out 
     culturally appropriate public and private convenings relating 
     to the duties of the Commission;
       (3) assist the Commission in determining what documentation 
     from Federal and religious organizations and institutions may 
     be necessary to fulfill the duties of the Commission;
       (4) assist the Commission in the production of the initial 
     report and final report required under paragraphs (2) and 
     (3), respectively, of section 5111(e);
       (5) coordinate with the Federal Truth and Healing Advisory 
     Committee and the Survivors Truth and Healing Subcommittee; 
     and
       (6) provide advice to, or fulfill such other requests by, 
     the Commission as the Commission may require to carry out the 
     purposes described in section 5003.
       (h) Consultation or Engagement With Native Americans, 
     Indian Tribes, Tribal Organizations, the Office of Hawaiian 
     Affairs, and Native Hawaiian Organizations.--In carrying out 
     the duties of the Native American Truth and Healing Advisory 
     Committee under subsection (g), the Native American Truth and 
     Healing Advisory Committee shall meaningfully consult or 
     engage, as appropriate, in a timely manner with Native 
     Americans, Indian Tribes, Tribal organizations, the Office of 
     Hawaiian Affairs, and Native Hawaiian organizations.
       (i) Nondisclosure.--
       (1) Privacy act of 1974 applicability.--Subsection (b) of 
     section 552a of title 5, United States Code (commonly known 
     as the ``Privacy Act of 1974''), shall not apply to the 
     Native American Truth and Healing Advisory Committee.
       (2) Freedom of information act applicability.--Records and 
     other communications provided to, from, between, or within 
     the Commission, the Federal Truth and Healing Advisory 
     Committee, the Native American Truth and Healing Advisory 
     Committee, the Survivors Truth and Healing Subcommittee, and 
     related agencies shall be exempt from disclosure under 
     subsection (b)(3)(B) of section 552 of title 5, United States 
     Code (commonly known as the ``Freedom of Information Act'').
       (3) Federal advisory committee act applicability.--Chapter 
     10 of title 5, United States Code (commonly known as the 
     ``Federal Advisory Committee Act''), shall not apply to the 
     Native American Truth and Healing Advisory Committee.
       (j) Personnel Matters.--
       (1) Compensation of members.--A member of the Native 
     American Truth and Healing Advisory Committee shall be 
     compensated at a daily equivalent of the annual rate of basic 
     pay prescribed for grade 13 of the General Schedule under 
     section 5332 of title 5, United States Code, for each day, 
     not to exceed 14 days per month, for which a member is 
     engaged in the performance of their duties under this 
     division, including the convening of meetings, including 
     public and private meetings to receive testimony in 
     furtherance of the duties of the Native American Truth and 
     Healing Advisory Committee and the purposes of this division.
       (2) Travel expenses.--A member of the Native American Truth 
     and Healing Advisory Committee shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Native American Truth and Healing 
     Advisory Committee.

        Subtitle B--Federal Truth and Healing Advisory Committee

     SEC. 5211. FEDERAL TRUTH AND HEALING ADVISORY COMMITTEE.

       (a) Establishment.--There is established within the 
     Department of the Interior an advisory committee, to be known 
     as the ``Federal Truth and Healing Advisory Committee''.
       (b) Membership and Appointment to the Federal Truth and 
     Healing Advisory Committee.--
       (1) Membership.--The Federal Truth and Healing Advisory 
     Committee shall include 17 members, of whom--
       (A) 1 shall be the Chairperson of the Commission, who shall 
     serve as the Chairperson of the Federal Truth and Healing 
     Advisory Committee;
       (B) 1 shall be the Chairperson of the Survivors Truth and 
     Healing Subcommittee, who shall serve as the Vice Chairperson 
     of the Federal Truth and Healing Advisory Committee;
       (C) 1 shall be the White House Domestic Policy Advisor, who 
     shall serve as the Secretary of the Federal Truth and Healing 
     Advisory Committee;
       (D) 1 shall be the Director of the Bureau of Trust Funds 
     Administration (or a designee);
       (E) 1 shall be the Archivist of the United States (or a 
     designee);
       (F) 1 shall be the Librarian of Congress (or a designee);
       (G) 1 shall be the Director of the Department of the 
     Interior Library (or a designee);
       (H) 1 shall be the Director of the Indian Health Service 
     (or a designee);
       (I) 1 shall be the Assistant Secretary for Mental Health 
     and Substance Abuse of the Department of Health and Human 
     Services (or a designee);
       (J) 1 shall be the Commissioner of the Administration for 
     Native Americans of the Department of Health and Human 
     Services (or a designee);
       (K) 1 shall be the Director of the National Institutes of 
     Health (or a designee);
       (L) 1 shall be the Senior Program Director of the Office of 
     Native Hawaiian Relations of the Department of the Interior 
     (or a designee);
       (M) 1 shall be the Director of the Office of Indian 
     Education of the Department of Education (or a designee);
       (N) 1 shall be the Director of the Rural, Insular, and 
     Native American Achievement Programs of the Department of 
     Education (or a designee);
       (O) 1 shall be the Chair of the Advisory Council on 
     Historic Preservation (or a designee);
       (P) 1 shall be the Assistant Secretary of Indian Affairs 
     (or a designee); and
       (Q) 1 shall be the Director of the Bureau of Indian 
     Education (or a designee).
       (2) Period of service; vacancies; removal.--
       (A) Period of service.--A member of the Federal Truth and 
     Healing Advisory Committee shall serve for an automatically 
     renewable term of 2 years.
       (B) Vacancies.--A vacancy in the Federal Truth and Healing 
     Advisory Committee--
       (i) shall not affect the powers of the Federal Truth and 
     Healing Advisory Committee if a simple majority of the 
     positions of the Federal Truth and Healing Advisory Committee 
     are filled; and
       (ii) shall be filled within 90 days in the same manner as 
     was the original appointment.
       (C) Removal.--A quorum of members of the Federal Truth and 
     Healing Advisory Committee may remove a member of the

[[Page S4518]]

     Federal Truth and Healing Advisory Committee only for neglect 
     of duty or malfeasance.
       (3) Termination.--The Federal Truth and Healing Advisory 
     Committee shall terminate 90 days after the date on which the 
     Commission submits the final report required under section 
     5111(e)(3).
       (c) Business Meetings.--
       (1) Initial business meeting.--Not later than 30 days after 
     the date of the initial business meeting of the Commission 
     under section 5101(c)(1), the Federal Truth and Healing 
     Advisory Committee shall hold an initial business meeting--
       (A) to establish rules for the Federal Truth and Healing 
     Advisory Committee; and
       (B) to appoint 2 members of the Federal Truth and Healing 
     Advisory Committee to serve as non-voting designees on the 
     Commission in accordance with section 5101(c)(3).
       (2) Subsequent business meetings.--After the initial 
     business meeting of the Federal Truth and Healing Advisory 
     Committee is held under paragraph (1), the Federal Truth and 
     Healing Advisory Committee shall meet at the call of the 
     Chairperson.
       (3) Format of business meetings.--A business meeting of the 
     Federal Truth and Healing Advisory Committee may be conducted 
     in-person, virtually, or via phone.
       (4) Quorum required.--A business meeting of the Federal 
     Truth and Healing Advisory Committee may only be held once a 
     quorum, established in accordance with subsection (d), is 
     present.
       (d) Quorum.--A simple majority of the members of the 
     Federal Truth and Healing Advisory Committee present shall 
     constitute a quorum for a business meeting.
       (e) Rules.--The Federal Truth and Healing Advisory 
     Committee may establish, with the advice of the Commission, 
     by a majority vote, any rules for the conduct of business, in 
     accordance with this section and other applicable law.
       (f) Duties.--The Federal Truth and Healing Advisory 
     Committee shall--
       (1) ensure the effective and timely coordination between 
     Federal agencies in furtherance of the purposes of this 
     division;
       (2) assist the Commission and the Native American Truth and 
     Healing Advisory Committee in coordinating--
       (A) meetings and other related public and private 
     convenings; and
       (B) the collection, organization, and preservation of 
     information obtained from witnesses and by other Federal 
     agencies; and
       (3) ensure the timely submission to the Commission of 
     materials, documents, testimony, and such other information 
     as the Commission determines to be necessary to carry out the 
     duties of the Commission.
       (g) Consultation or Engagement With Native Americans, 
     Indian Tribes, Tribal Organizations, the Office of Hawaiian 
     Affairs, and Native Hawaiian Organizations.--In carrying out 
     the duties of the Federal Truth and Healing Advisory 
     Committee under subsection (f), the Federal Truth and Healing 
     Advisory Committee shall meaningfully consult or engage, as 
     appropriate, in a timely manner with Native Americans, Indian 
     Tribes, Tribal organizations, the Office of Hawaiian Affairs, 
     and Native Hawaiian organizations.
       (h) Nondisclosure.--
       (1) Privacy act of 1974 applicability.--Subsection (b) of 
     section 552a of title 5, United States Code (commonly known 
     as the ``Privacy Act of 1974''), shall not apply to the 
     Federal Truth and Healing Advisory Committee.
       (2) Freedom of information act applicability.--Records and 
     other communications provided to, from, between, or within 
     the Commission, the Federal Truth and Healing Advisory 
     Committee, the Native American Truth and Healing Advisory 
     Committee, the Survivors Truth and Healing Subcommittee, and 
     related agencies shall be exempt from disclosure under 
     subsection (b)(3)(B) of section 552 of title 5, United States 
     Code (commonly known as the ``Freedom of Information Act'').
       (3) Federal advisory committee act applicability.--Chapter 
     10 of title 5, United States Code (commonly known as the 
     ``Federal Advisory Committee Act''), shall not apply to the 
     Federal Truth and Healing Advisory Committee.

                     TITLE LIII--GENERAL PROVISIONS

     SEC. 5301. CLARIFICATION.

       The Native American Graves Protection and Repatriation Act 
     (25 U.S.C. 3001 et seq.) applies to cultural items relating 
     to an Indian Boarding School or Indian Boarding School 
     Policies, regardless of agency interpretation of 
     applicability.

     SEC. 5302. BURIAL MANAGEMENT.

       Federal agencies shall permit reburial of cultural items 
     relating to an Indian Boarding School or Indian Boarding 
     School Policies that have been repatriated pursuant to the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 3001 et seq.), or returned to a lineal descendant, 
     Indian Tribe, or Native Hawaiian organization by any other 
     disinterment process, on any Federal land as agreed to by the 
     relevant parties.

     SEC. 5303. CO-STEWARDSHIP AGREEMENTS.

       A Federal agency that carries out activities pursuant to 
     this division or that created or controls a cemetery or 
     burial site with remains of an individual who attended an 
     Indian Boarding School or an Indian Boarding School may enter 
     into a co-stewardship agreement for the management of the 
     cemetery, burial site, or Indian Boarding School.

     SEC. 5304. NO RIGHT OF ACTION.

       Nothing in this division creates a private right of action 
     to seek administrative or judicial relief.
                                 ______
                                 
  SA 2242. 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 XII, add the following:

     SEC. 1239. PROMOTING DEMOCRACY AND PROSPERITY IN THE WESTERN 
                   BALKANS.--

       (a) Short Title.--This section may be cited as the 
     ``Western Balkans Democracy and Prosperity Act''.
       (b) Findings.--Congress finds the following:
       (1) The Western Balkans countries (the Republic of Albania, 
     Bosnia and Herzegovina, the Republic of Croatia, the Republic 
     of Kosovo, Montenegro, the Republic of North Macedonia and 
     the Republic of Serbia) form a pluralistic, multi-ethnic 
     region in the heart of Europe that is critical to the peace, 
     stability, and prosperity of that continent.
       (2) Continued peace, stability, and prosperity in the 
     Western Balkans is directly tied to the opportunities for 
     democratic and economic advancement available to the citizens 
     and residents of those seven countries.
       (3) It is in the mutual interest of the United States and 
     the seven countries of the Western Balkans to promote stable 
     and sustainable economic growth and development in the 
     region.
       (4) The reforms and integration with the European Union 
     pursued by countries in the Western Balkans have led to 
     significant democratic and economic progress in the region.
       (5) Despite economic progress, rates of poverty and 
     unemployment in the Western Balkans remain higher than in 
     neighboring European Union countries.
       (6) Out-migration, particularly of youth, is affecting 
     demographics in each Western Balkans country, resulting in 
     population decline in all seven countries.
       (7) Implementing critical economic and governance reforms 
     could help enable investment and employment opportunities in 
     the Western Balkans, especially for youth, and can provide 
     powerful tools for economic development and for encouraging 
     broader participation in a political process that increases 
     trade and prosperity for all.
       (8) Existing regional economic efforts, such as the Common 
     Regional Market, the Berlin Process, and the Open Balkan 
     Initiative, could have the potential to improve the economic 
     conditions in the Western Balkans, while promoting inclusion 
     and transparency.
       (9) The Department of Commerce, through its Foreign 
     Commercial Service, plays an important role in promoting and 
     facilitating opportunities for United States trade and 
     investment.
       (10) Corruption, including among key political leaders, 
     continues to plague the Western Balkans and represents one of 
     the greatest impediments to further economic and political 
     development in the region.
       (11) Disinformation campaigns targeting the Western Balkans 
     undermine the credibility of its democratic institutions, 
     including the integrity of its elections.
       (12) Vulnerability to cyberattacks or attacks on 
     information and communication technology infrastructure 
     increases risks to the functioning of government and the 
     delivery of public services.
       (13) The Department of State, along with other Federal 
     agencies, plays a critical role in defending the national 
     security interests of the United States, including by 
     deploying cyber hunt forward teams at the request of partner 
     nations to reinforce their cyber defenses.
       (14) Securing domestic and international cyber networks and 
     ICT infrastructure is a national security priority for the 
     United States, which is exemplified by offices and programs 
     across the Federal Government that support cybersecurity.
       (15) Corruption and disinformation proliferate in political 
     environments marked by autocratic control or partisan 
     conflict.
       (16) Dependence on Russian sources of fossil fuels and 
     natural gas for the countries of the Western Balkans ties 
     their economies and politics to the Russian Federation and 
     inhibits their aspirations for European integration.
       (17) Reducing the reliance of the Western Balkans on 
     Russian natural gas supplies and fossil fuels is in the 
     national interest of the United States.
       (18) The growing influence of China in the Western Balkans 
     could also have a deleterious impact on strategic 
     competition, democracy, and economic integration with Europe.
       (19) In March 2022, President Biden launched the European 
     Democratic Resilience Initiative to bolster democratic 
     resilience, advance anti-corruption efforts, and defend human 
     rights in Ukraine and its neighbors in response to Russia's 
     war of aggression.
       (20) The parliamentary and local elections held in Serbia 
     on December 17, 2023, and their immediate aftermath are cause 
     for

[[Page S4519]]

     deep concern about the state of Serbia's democracy, including 
     due to the final report of the Organization for Security and 
     Co-operation in Europe's Office for Democratic Institutions 
     and Human Rights, which--
       (A) found ``unjust conditions'' for the election;
       (B) found ``numerous procedural deficiencies, including 
     inconsistent application of safeguards during voting and 
     counting, frequent instances of overcrowding, breaches in 
     secrecy of the vote, and numerous instances of group 
     voting''; and
       (C) asserted that ``voting must be repeated'' in certain 
     polling stations.
       (21) The Organization for Security and Co-operation in 
     Europe also noted that Serbian officials accused primarily 
     peaceful protestors, opposition parties, and civil society of 
     ``attempting to destabilize the government'', a concerning 
     allegation that threatens the safety of important elements of 
     Serbian society.
       (22) Democratic countries whose values are in alignment 
     with the United States make for stronger and more durable 
     partnerships.
       (c) Sense of Congress.--It is a sense of Congress that the 
     United States should--
       (1) encourage increased trade and investment between the 
     United States and allies and partners in the Western Balkans;
       (2) expand United States assistance to regional integration 
     efforts in the Western Balkans;
       (3) strengthen and expand regional economic integration in 
     the Western Balkans, especially enterprises owned by and 
     employing women and youth;
       (4) work with allies and partners committed to improving 
     the rule of law, energy resource diversification, democratic 
     and economic reform, and the reduction of poverty in the 
     Western Balkans;
       (5) increase United States trade and investment with the 
     Western Balkans, particularly in ways that support countries' 
     efforts--
       (A) to decrease dependence on Russian energy sources and 
     fossil fuels;
       (B) to increase energy diversification, efficiency, and 
     conservation; and
       (C) to facilitate the transition to cleaner and more 
     reliable sources of energy, including renewables, as 
     appropriate;
       (6) continue to assist in the development, within the 
     Western Balkans, of--
       (A) strong civil societies;
       (B) public-private partnerships;
       (C) independent media;
       (D) transparent, accountable, citizen-responsive 
     governance, including equal representation for women and 
     youth;
       (E) political stability; and
       (F) modern, free-market based economies.
       (7) support the expeditious accession of those Western 
     Balkans countries that are not already members to the 
     European Union and to the North Atlantic Treaty Organization 
     (referred to in this section as ``NATO'') for countries that 
     desire and are eligible for such membership;
       (8) support--
       (A) maintaining the full European Union Force (EUFOR) 
     mandate in Bosnia and Herzegovina as being in the national 
     security interests of the United States;
       (B) encouraging NATO and the European Union to review their 
     mission mandates and posture in Bosnia and Herzegovina to 
     ensure they are playing a proactive role in establishing a 
     safe and secure environment, particularly in the realm of 
     defense;
       (C) working within NATO to encourage contingency planning 
     for an international military force to maintain a safe and 
     secure environment in Bosnia and Herzegovina, especially if 
     Russia blocks reauthorization of the mission in the United 
     Nations; and
       (D) a strengthened NATO headquarters in Sarajevo;
       (9) continue to support the European Union membership 
     aspirations of Albania, Bosnia and Herzegovina, Kosovo, North 
     Macedonia, Montenegro, and Serbia by supporting meeting the 
     benchmarks required for their accession;
       (10) continue to support the overarching mission of the 
     Berlin Process and locally-driven initiatives that are 
     inclusive of all Western Balkans countries and remains 
     aligned with the objectives and standards laid out by the 
     European Union as requirements for accession to the European 
     Union;
       (11) continue to support the cultural heritage, and 
     recognize the languages, of the Western Balkans;
       (12) coordinate closely with the European Union, the United 
     Kingdom, and other allies and partners on sanctions 
     designations in Western Balkans countries and work to align 
     efforts as much as possible to demonstrate a clear commitment 
     to upholding democratic values;
       (13) expand bilateral security cooperation with non-NATO 
     member Western Balkans countries, particularly efforts 
     focused on regional integration and cooperation, including 
     through the Adriatic Charter, which was launched at Tirana on 
     May 2, 2003;
       (14) increase efforts to combat Russian malign influence 
     campaigns and any other destabilizing or disruptive 
     activities targeting the Western Balkans through engagement 
     with government institutions, political stakeholders, 
     journalists, civil society organizations, and industry 
     leaders;
       (15) develop a series of cyber resilience standards, 
     consistent with the Enhanced Cyber Defence Policy and 
     Readiness Action Plan endorsed at the 2014 Wales Summit of 
     the North Atlantic Treaty Organization to expand cooperation 
     with partners and allies, including in the Western Balkans, 
     on cyber security and ICT infrastructure;
       (16) articulate clearly and unambiguously the United States 
     commitment to supporting democratic values and respect for 
     international law as the sole path forward for the countries 
     of the Western Balkans; and
       (17) prioritize partnerships and programming with Western 
     Balkan countries that demonstrate commitment toward 
     strengthening their democracies and show respect for human 
     rights.
       (d) Definitions.--In this section:
       (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) ICT.--The term ``ICT'' means information and 
     communication technology.
       (3) Western balkans.--The term ``Western Balkans'' means 
     the region comprised of the following countries:
       (A) The Republic of Albania.
       (B) Bosnia and Herzegovina.
       (C) The Republic of Croatia.
       (D) The Republic of Kosovo.
       (E) Montenegro.
       (F) The Republic of North Macedonia.
       (G) The Republic of Serbia.
       (4) Western balkans country.--The term ``Western Balkans 
     country'' means any country listed in subparagraphs (A) 
     through (G) of paragraph (3).
       (e) Codification of Sanctions Relating to the Western 
     Balkans.--
       (1) In general.--Each person listed or designated for the 
     imposition of sanctions under an executive order described in 
     paragraph (3) as of the date of the enactment of this Act 
     shall remain so designated, except as provided in paragraphs 
     (4) and (5).
       (2) Continuation of sanctions authorities.--Each authority 
     to impose sanctions provided for under an executive order 
     described in paragraph (3) shall remain in effect.
       (3) Executive orders specified.--The executive orders 
     specified in this paragraph are--
       (A) Executive Order 13219, as amended by Executive Order 
     13304 (50 U.S.C. 1701 note; relating to blocking property of 
     persons who threaten international stabilization efforts in 
     the Western Balkans); and
       (B) Executive Order 14033 (50 U.S.C. 1701 note; relating to 
     blocking property and suspending entry into the United States 
     of certain persons contributing to the destabilizing 
     situation in the Western Balkans), as in effect on such date 
     of enactment.
       (4) Termination of sanctions.--The President may terminate 
     the application of a sanction described in paragraph (1) with 
     respect to a person if the President certifies to the 
     appropriate congressional committees that such person--
       (A) has not engaged in the activity that was the basis for 
     such sanctions, if applicable, during the two-year period 
     immediately preceding such termination date; or
       (B) otherwise no longer meets the criteria that was the 
     basis for such sanctions.
       (5) Waiver.--
       (A) In general.--The President may waive the application of 
     sanctions under this subsection for renewable periods not to 
     exceed 180 days if the President--
       (i) determines that such a waiver is in the national 
     security interests of the United States; and
       (ii) not less than 15 days before the granting of the 
     waiver, submits to the appropriate congressional committees a 
     notice of and justification for the waiver.
       (B) Form.--The waiver described in subparagraph (A) may be 
     transmitted in classified form.
       (6) Exceptions.--
       (A) Humanitarian assistance.--Sanctions under this 
     subsection shall not apply to--
       (i) the conduct or facilitation of a transaction for the 
     provision of agricultural commodities, food, medicine, 
     medical devices, humanitarian assistance, or for humanitarian 
     purposes; or
       (ii) transactions that are necessary for, or related to, 
     the activities described in clause (i).
       (B) Compliance with international obligations and law 
     enforcement activities.--Sanctions under this section shall 
     not apply with respect to an alien if admitting or paroling 
     such alien is necessary--
       (i) to comply with United States obligations under--

       (I) the Agreement between the United Nations and the United 
     States of America regarding the Headquarters of the United 
     Nations, signed at Lake Success June 26, 1947, and entered 
     into force November 21, 1947;
       (II) the Convention on Consular Relations, done at Vienna 
     April 24, 1963, and entered into force March 19, 1967; or
       (III) any other international agreement; or

       (ii) to carry out or assist law enforcement activity in the 
     United States.
       (C) Exception for intelligence activities.--Sanctions under 
     this section shall not apply to--
       (i) 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
       (ii) any authorized intelligence activities of the United 
     States.

[[Page S4520]]

       (D) Exception relating to importation of goods.--
       (i) In general.--The requirement to block and prohibit all 
     transactions in all property and interests in property under 
     this section shall not include the authority or a requirement 
     to impose sanctions on the importation of goods.
       (ii) Defined term.--In this subparagraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       (7) Rulemaking.--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)).
       (8) Sunset.--This subsection shall cease to have force or 
     effect beginning on the date that is 8 years after the date 
     of the enactment of this Act.
       (f) Democratic and Economic Development and Prosperity 
     Initiatives.--
       (1) Anti-corruption initiative.--The Secretary of State, 
     through ongoing and new programs, shall develop an initiative 
     that--
       (A) seeks to expand technical assistance in each Western 
     Balkans country, taking into account local conditions and 
     contingent on the agreement of the host country government to 
     develop new national anti-corruption strategies;
       (B) seeks to share best practices with, and provide 
     training to, civilian law enforcement agencies and judicial 
     institutions, and other relevant administrative bodies, of 
     the Western Balkans countries, to improve the efficiency, 
     transparency, and accountability of such agencies and 
     institutions;
       (C) strengthens existing national anti-corruption 
     strategies--
       (i) to combat political corruption, particularly in the 
     judiciary, independent election oversight bodies, and public 
     procurement processes; and
       (ii) to strengthen regulatory and legislative oversight of 
     critical governance areas, such as freedom of information and 
     public procurement, including by strengthening cyber defenses 
     and ICT infrastructure networks;
       (D) includes the Western Balkans countries in the European 
     Democratic Resilience Initiative of the Department of State, 
     or any equivalent successor initiative, and considers the 
     Western Balkans as a recipient of anti-corruption funding for 
     such initiative; and
       (E) seeks to promote the important role of an independent 
     media in countering corruption through engagements with 
     governments of Western Balkan countries and providing 
     training opportunities for journalists on investigative 
     reporting.
       (2) Prioritizing cyber resilience, regional trade, and 
     economic competitiveness.--
       (A) Sense of congress.--It is the sense of Congress that--
       (i) promoting stronger economic, civic, and political 
     relationships among Western Balkans countries will enable 
     countries to better utilize existing resources and maximize 
     their economic security and democratic resilience by 
     reinforcing cyber defenses and increasing trade in goods and 
     services among other countries in the region; and
       (ii) United States investments in and assistance toward 
     creating a more integrated region ensures political stability 
     and security for the region.
       (B) 5-year strategy for economic development and democratic 
     resilience in western balkans.--Not later than 180 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 regional 
     economic development and democratic resilience strategy for 
     the Western Balkans that complements the efforts of the 
     European Union, European nations, and other multilateral 
     financing institutions--
       (i) to consider the full set of tools and resources 
     available from the relevant agencies;
       (ii) to include efforts to ensure coordination with 
     multilateral and bilateral partners, such as the European 
     Union, the World Bank, and other relevant assistance 
     frameworks;
       (iii) to include an initial public assessment of--

       (I) economic opportunities for which United States 
     businesses, or those of other like-minded partner countries, 
     would be competitive;
       (II) legal, economic, governance, infrastructural, or other 
     barriers limiting United States trade and investment in the 
     Western Balkans;
       (III) the effectiveness of all existing regional 
     cooperation initiatives, such as the Open Balkan initiative 
     and the Western Balkans Common Regional Market; and
       (IV) ways to increase United States trade and investment 
     within the Western Balkans;

       (iv) to develop human and institutional capacity and 
     infrastructure across multiple sectors of economies, 
     including clean energy, energy efficiency, agriculture, small 
     and medium-sized enterprise development, health, and cyber-
     security;
       (v) to assist with the development and implementation of 
     regional and international trade agreements;
       (vi) to support women-owned enterprises;
       (vii) to promote government and civil society policies and 
     programs that combat corruption and encourage transparency 
     (including by supporting independent media by promoting the 
     safety and security of journalists), free and fair 
     competition, sound governance, judicial reform, environmental 
     stewardship, and business environments conducive to 
     sustainable and inclusive economic growth; and
       (viii) to include a public diplomacy strategy that 
     describes the actions that will be taken by relevant agencies 
     to increase support for the United States relationship by 
     citizens of Western Balkans countries.
       (C) Briefing.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall provide a 
     briefing to the appropriate congressional committees that 
     describes the progress made towards developing the strategy 
     required under subparagraph (B).
       (3) Regional trade and development initiative.--
       (A) Authorization.--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, may coordinate a regional 
     trade and development initiative for the region comprised of 
     each Western Balkans country and any European Union member 
     country that shares a border with a Western Balkans country 
     (referred to in this subsection as the ``Western Balkans 
     region'') in accordance with this paragraph.
       (B) Initiative elements.--The initiative authorized under 
     subparagraph (A) shall--
       (i) promote private sector growth and competitiveness and 
     increase the capacity of businesses, particularly small and 
     medium-sized enterprises, in the Western Balkans region;
       (ii) aim to increase intraregional exports to countries in 
     the Balkans and European Union member states;
       (iii) aim to increase United States exports to, and 
     investments in, countries in the Balkans;
       (iv) support startup companies, including companies led by 
     youth or women, in the Western Balkans region by--

       (I) providing training in business skills and leadership; 
     and
       (II) providing opportunities to connect to sources of 
     capital;

       (v) encourage and promote inward and outward trade and 
     investment through engagement with the Western Balkans 
     diaspora communities in the United States and abroad;
       (vi) provide assistance to the governments and civil 
     society organizations of Western Balkans countries to 
     develop--

       (I) regulations to ensure fair and effective investment; 
     and
       (II) screening tools to identify and deter malign 
     investments and other coercive economic practices;

       (vii) review existing assistance programming relating to 
     the Western Balkans across Federal agencies--

       (I) to eliminate duplication; and
       (II) to identify areas of potential coordination within the 
     Western Balkans region;

       (viii) identify areas where application of additional 
     resources could expand successful programs to 1 or more 
     countries in the Western Balkans region by building on the 
     existing experience and program architecture;
       (ix) compare existing single-country sector analyses to 
     determine areas of focus that would benefit from a regional 
     approach with respect to the Western Balkans region; and
       (x) promote intraregional trade throughout the Western 
     Balkans region through--

       (I) programming, including grants, cooperative agreements, 
     and other forms of assistance;
       (II) expanding awareness of the availability of loans and 
     other financial instruments from the United States 
     Government; and
       (III) coordinating access to existing trade instruments 
     available through allies and partners in the Western Balkans 
     region, including the European Union and international 
     financial institutions.

       (C) Support for regional infrastructure projects.--The 
     initiative authorized under subparagraph (A) should 
     facilitate and prioritize support for regional infrastructure 
     projects, including--
       (i) transportation projects that build roads, bridges, 
     railways and other physical infrastructure to facilitate 
     travel of goods and people throughout the Western Balkans 
     region;
       (ii) technical support and investments needed to meet 
     United States and European Union standards for air travel, 
     including screening and information sharing;
       (iii) the development of telecommunications networks with 
     trusted providers;
       (iv) infrastructure projects that connect Western Balkans 
     countries to each other and to countries with which they 
     share a border;
       (v) the effective analysis of tenders and transparent 
     procurement processes;
       (vi) investment transparency programs that will help 
     countries in the Western Balkans analyze gaps and establish 
     institutional and regulatory reforms necessary--

       (I) to create an enabling environment for trade and 
     investment; and
       (II) to strengthen protections against suspect investments 
     through public procurement and privatization and through 
     foreign direct investments;

[[Page S4521]]

       (vii) sharing best practices learned from the United States 
     and other international partners to ensure that institutional 
     and regulatory mechanisms for addressing these issues are 
     fair, nonarbitrary, effective, and free from corruption;
       (viii) projects that support regional energy security and 
     reduce dependence on Russian energy;
       (ix) technical assistance and generating private investment 
     in projects that promote connectivity and energy-sharing in 
     the Western Balkans region;
       (x) technical assistance to support regional collaboration 
     on environmental protection that includes governmental, 
     political, civic, and business stakeholders; and
       (xi) technical assistance to develop financing options and 
     help create linkages with potential financing institutions 
     and investors.
       (D) Requirements.--All programming under the initiative 
     authorized under subparagraph (A) shall--
       (i) be open to the participation of Albania, Bosnia and 
     Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia;
       (ii) be consistent with European Union accession 
     requirements;
       (iii) be focused on retaining talent within the Western 
     Balkans;
       (iv) promote government policies in Western Balkans 
     countries that encourage free and fair competition, sound 
     governance, environmental protection, and business 
     environments that are conducive to sustainable and inclusive 
     economic growth; and
       (v) include a public diplomacy strategy to inform local and 
     regional audiences in the Western Balkans region about the 
     initiative, including specific programs and projects.
       (4) United states international development finance 
     corporation.--
       (A) Appointments.--Not later than 1 year after the date of 
     the enactment of this Act, subject to the availability of 
     appropriations, the Chief Executive Officer of the United 
     States International Development Finance Corporation, in 
     collaboration with the Secretary of State, should consider 
     including a regional office with responsibilities for the 
     Western Balkans within the Corporation's plans to open new 
     regional offices.
       (B) Joint report.--Not later than 180 days after the date 
     of the enactment of this Act, the Chief Executive Officer of 
     the United States International Development Finance 
     Corporation and the Administrator of the United States Agency 
     for International Development shall submit a joint report to 
     the appropriate congressional committees that includes--
       (i) an assessment of the benefits of providing sovereign 
     loan guarantees to countries in the Western Balkans to 
     support infrastructure and energy diversification projects;
       (ii) an outline of additional resources, such as tools, 
     funding, and personnel, which may be required to offer 
     sovereign loan guarantees in the Western Balkans; and
       (iii) an assessment of how the United States International 
     Development Finance Corporation can deploy its insurance 
     products in support of bonds or other instruments issued to 
     raise capital through United States financial markets in the 
     Western Balkans.
       (g) Promoting Cross-cultural and Educational Engagement.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) promoting partnerships between United States 
     universities and universities in the Western Balkans, 
     particularly universities in traditionally under-served 
     communities, advances United States foreign policy goals and 
     requires a whole-of-government approach, including the 
     utilization of public-private partnerships;
       (B) such university partnerships would provide 
     opportunities for exchanging academic ideas, technical 
     expertise, research, and cultural understanding for the 
     benefit of the United States; and
       (C) the seven countries in the Western Balkans meet the 
     requirements under section 105(c)(4) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151c(c)(4)).
       (2) University partnerships.--The President, working 
     through the Secretary of State, is authorized to provide 
     assistance, consistent with section 105 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151c), to promote the 
     establishment of partnerships between United States 
     universities and universities in the Western Balkans, 
     including--
       (A) supporting research and analysis on foreign policy, 
     cyber resilience, and disinformation;
       (B) working with partner governments to reform policies, 
     improve curricula, strengthen data systems, train teachers 
     and students, including English language teaching, and to 
     provide quality, inclusive learning materials;
       (C) encouraging knowledge exchanges to help provide 
     individuals, particularly at-risk youth, women, people with 
     disabilities, and other vulnerable, marginalized, or 
     underserved communities, with relevant education, training, 
     and skills for meaningful employment;
       (D) promoting teaching and research exchanges between 
     institutions of higher education in the Western Balkans and 
     in the United States; and
       (E) encouraging alliances and exchanges with like-minded 
     institutions of education within the Western Balkans and the 
     larger European continent.
       (h) Peace Corps in the Western Balkans.--
       (1) Sense of congress.--It is the sense of Congress that 
     the Peace Corps, whose mission is to promote world peace and 
     friendship, in part by helping the people of interested 
     countries in meeting their need for trained men and women, 
     provides an invaluable opportunity to connect the people of 
     the United States with the people of the Western Balkans.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of the Peace Corps should 
     submit a report to the appropriate congressional committees 
     that includes an analysis of current opportunities for Peace 
     Corps expansion in the Western Balkans region.
       (i) Young Balkan Leaders Initiative.--
       (1) Sense of congress.--It is the sense of Congress that 
     regular people-to-people exchange programs that bring 
     religious leaders, journalists, civil society members, 
     politicians, and other individuals from the Western Balkans 
     to the United States will strengthen existing relationships 
     and advance United States interests and shared values in the 
     Western Balkans region.
       (2) BOLD leadership program for young balkans leaders.--
       (A) Sense of congress.--The Department of State, through 
     BOLD, a leadership program for young leaders in certain 
     Western Balkans countries, plays an important role to develop 
     young leaders in improving civic engagement and economic 
     development in Bosnia and Herzegovina, Serbia, and 
     Montenegro.
       (B) Expansion.--BOLD should be expanded, subject to the 
     availability of appropriations, to the entire Western Balkans 
     region.
       (3) Authorization.--The Secretary of State should further 
     develop and implement BOLD, which shall hereafter be known as 
     the ``Young Balkan Leaders Initiative'', to promote 
     educational and professional development for young adult 
     leaders and professionals in the Western Balkans who have 
     demonstrated a passion to contribute to the continued 
     development of the Western Balkans region.
       (4) Conduct of initiative.--The goals of the Young Balkan 
     Leaders Initiative shall be--
       (A) to further build the capacity of young Balkan leaders 
     in the Western Balkans in the areas of business and 
     information technology, cyber security and digitization, 
     agriculture, civic engagement, and public administration;
       (B) to support young Balkan leaders by offering 
     professional development, training, and networking 
     opportunities, particularly in the areas of leadership, 
     innovation, civic engagement, elections, human rights, 
     entrepreneurship, good governance, public administration, and 
     journalism;
       (C) to support young political, parliamentary, and civic 
     Balkan leaders in collaboration on regional initiatives 
     related to good governance, environmental protection, 
     government ethics, and minority inclusion;
       (D) to provide increased economic and technical assistance 
     to young Balkan leaders to promote economic growth and 
     strengthen ties between businesses, investors, and 
     entrepreneurs in the United States and in Western Balkans 
     countries;
       (E) to tailor such assistance to advance the particular 
     objectives of each United States mission in the Western 
     Balkans within the framework outlined in this subsection; and
       (F) to secure funding for such assistance from existing 
     funds available to each United States Mission in the Western 
     Balkans.
       (5) Fellowships.--Under the Young Balkan Leaders 
     Initiative, the Secretary of State shall award fellowships to 
     young leaders from the Western Balkans who--
       (A) are between 18 and 35 years of age;
       (B) have demonstrated strong capabilities in 
     entrepreneurship, innovation, public service, and leadership;
       (C) have had a positive impact in their communities, 
     organizations, or institutions, including by promoting cross-
     regional and multiethnic cooperation; and
       (D) represent a cross-section of geographic, gender, 
     political, and cultural diversity.
       (6) Public engagement and leadership center.--Under the 
     Young Balkan Leaders Initiative, the Secretary of State shall 
     take advantage of existing and future public diplomacy 
     facilities (commonly known as ``American Spaces'') to hire 
     staff and develop programming for the establishment of a 
     flagship public engagement and leadership center in the 
     Western Balkans that seeks--
       (A) to counter disinformation and malign influence;
       (B) to promote cross-cultural engagement;
       (C) to provide training for young leaders from Western 
     Balkans countries described in paragraph (5);
       (D) to harmonize the efforts of existing venues throughout 
     Western Balkans countries established by the Office of 
     American Spaces; and
       (E) to annually bring together participants from the Young 
     Balkans Leaders Initiative to provide platforms for regional 
     networking.
       (7) Briefing on certain exchange programs.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     provide a briefing to the appropriate congressional 
     committees that describes the status of exchange programs 
     involving the Western Balkans region.
       (B) Elements.--The briefing required under subparagraph (A) 
     shall--

[[Page S4522]]

       (i) assess the factors constraining the number and 
     frequency of participants from Western Balkans countries in 
     the International Visitor Leadership Program of the 
     Department of State;
       (ii) identify the resources that are necessary to address 
     the factors described in clause (i); and
       (iii) describe a strategy for connecting alumni and 
     participants of professional development exchange programs of 
     the Department of State in the Western Balkans with alumni 
     and participants from other countries in Europe, to enhance 
     inter-region and intra-region, people-to-people ties.
       (j) Supporting Cybersecurity and Cyber Resilience in the 
     Western Balkans.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) United States support for cybersecurity, cyber 
     resilience, and secure ICT infrastructure in Western Balkans 
     countries will strengthen the region's ability to defend 
     itself from and respond to malicious cyber activity conducted 
     by nonstate and foreign actors, including foreign 
     governments, that seek to influence the region;
       (B) insecure ICT networks that are vulnerable to 
     manipulation can increase opportunities for--
       (i) the compromise of cyber infrastructure, including data 
     networks, electronic infrastructure, and software systems; 
     and
       (ii) the use of online information operations by 
     adversaries and malign actors to undermine United States 
     allies and interests; and
       (C) it is in the national security interest of the United 
     States to support the cybersecurity and cyber resilience of 
     Western Balkans countries.
       (2) Interagency report on cybersecurity and the digital 
     information environment in western balkans countries.--Not 
     later than 1 year after the date of the enactment of this 
     Act, the Secretary of State, in coordination with the heads 
     of other relevant Federal agencies, shall submit a report to 
     the appropriate congressional committees that contains--
       (A) an overview of interagency efforts to strengthen 
     cybersecurity and cyber resilience in Western Balkans 
     countries;
       (B) a review of the information environment in each Western 
     Balkans country;
       (C) a review of existing United States Government cyber and 
     digital initiatives that--
       (i) counter influence operations and safeguard elections 
     and democratic processes in Western Balkans countries;
       (ii) strengthen ICT infrastructure and cybersecurity 
     capacity in the Western Balkans;
       (iii) support democracy and internet freedom in Western 
     Balkans countries; and
       (iv) build cyber capacity of governments who are allies or 
     partners of the United States;
       (D) an assessment of cyber threat information sharing 
     between the United States and Western Balkans countries;
       (E) an assessment of--
       (i) options for the United States to better support 
     cybersecurity and cyber resilience in Western Balkans 
     countries through changes to current assistance authorities; 
     and
       (ii) the advantages or limitations, such as funding or 
     office space, of posting cyber professionals from other 
     Federal departments and agencies to United States diplomatic 
     posts in Western Balkans countries and providing relevant 
     training to Foreign Service Officers; and
       (F) any additional support needed from the United States 
     for the cybersecurity and cyber resilience of the following 
     NATO Allies: Albania, Montenegro, North Macedonia, and 
     Croatia.
       (k) Relations Between Kosovo and Serbia.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) the Agreement on the Path to Normalization of 
     Relations, which was agreed to by Kosovo and Serbia on 
     February 27, 2023, with the facilitation of the European 
     Union, is a positive step forward in advancing normalization 
     between the two countries;
       (B) Serbia and Kosovo should seek to make immediate 
     progress on the Implementation Annex to the agreement 
     referred to in subparagraph (A);
       (C) once sufficient progress has been made on the 
     Implementation Annex, the United States should consider 
     advancing initiatives to strengthen bilateral relations with 
     both countries, which could include--
       (i) establishing bilateral strategic dialogues with Kosovo 
     and Serbia; and
       (ii) advancing concrete initiatives to deepen trade and 
     investment with both countries; and
       (D) the United States should continue to support a 
     comprehensive final agreement between Kosovo and Serbia based 
     on mutual recognition.
       (2) Statement of policy.--It is the policy of the United 
     States Government that--
       (A) it shall not pursue any policy that advocates for land 
     swaps, partition, or other forms of redrawing borders along 
     ethnic lines in the Western Balkans as a means to arbitrate 
     disputes between nation states in the region; and
       (B) it should support pluralistic democracies in countries 
     in the Western Balkans as a means to prevent a return to the 
     ethnic strife that once characterized the region.
       (l) Reports on Russian and Chinese Malign Influence 
     Operations and Campaigns in the Western Balkans.--
       (1) Reports required..--Not later than 180 days after the 
     date of the enactment of this Act, and every two years 
     thereafter, the Secretary of State, in coordination with the 
     heads of other Federal departments or agencies, as 
     appropriate, shall submit a report to the appropriate 
     congressional committees regarding Russian and Chinese malign 
     influence operations and campaigns carried out with respect 
     to Balkan countries that seek--
       (A) to undermine democratic institutions;
       (B) to promote political instability; and
       (C) to harm the interests of the United States and other 
     North Atlantic Treaty Organization member and partner states 
     in the Western Balkans.
       (2) Elements.--Each report submitted pursuant to paragraph 
     (1) shall include--
       (A) an assessment of the objectives of the Russian 
     Federation and the People's Republic of China regarding 
     malign influence operations and campaigns carried out with 
     respect to Western Balkans countries--
       (i) to undermine democratic institutions, including the 
     planning and execution of democratic elections;
       (ii) to promote political instability; and
       (iii) to manipulate the information environment;
       (B) the activities and roles of the Department of State and 
     other relevant Federal agencies in countering Russian and 
     Chinese malign influence operations and campaigns;
       (C) a comprehensive list identifying--
       (i) each network, entity and individual, to the extent such 
     information is available, of Russia, China, or any other 
     country with which Russia or China may cooperate, that is 
     supporting such Russian or Chinese malign influence 
     operations or campaigns, including the provision of financial 
     or operational support to activities in a Western Balkans 
     country that may limit freedom of speech or create barriers 
     of access to democratic processes, including exercising the 
     right to vote in a free and fair election; and
       (ii) the role of each such entity in providing such 
     support;
       (D) the identification of the tactics, techniques, and 
     procedures used in Russian or Chinese malign influence 
     operations and campaigns in Western Balkans countries;
       (E) an assessment of the effect of previous Russian or 
     Chinese malign influence operations and campaigns that 
     targeted alliances and partnerships of the United States 
     Armed Forces in the Western Balkans, including the 
     effectiveness of such operations and campaigns in achieving 
     the objectives of Russia and China, respectively;
       (F) the identification of each Western Balkans country with 
     respect to which Russia or China has conducted or attempted 
     to conduct a malign influence operation or campaign;
       (G) an assessment of the capacity and efforts of NATO and 
     of each individual Western Balkans country to counter Russian 
     or Chinese malign influence operations and campaigns carried 
     out with respect to Western Balkans countries;
       (H) the efforts by the United States to combat such malign 
     influence operations in the Western Balkans, including 
     through the Countering Russian Influence Fund and the 
     Countering People's Republic of China Malign Influence Fund;
       (I) an assessment of the tactics, techniques, and 
     procedures that the Secretary of State determines are likely 
     to be used in future Russian or Chinese malign influence 
     operations and campaigns carried out with respect to Western 
     Balkans countries; and
       (J) any additional authorities, resources, or activities 
     that could increase the United States Government's capacity 
     to counter Russian and Chinese malign influence operations 
     and campaigns in Western Balkans countries.
       (3) Form.--Each report required under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 2243. 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 appropriate place in title XII, insert the 
     following:

     Subtitle __--Belarus Democracy, Human Rights, and Sovereignty

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Belarus Democracy, 
     Human Rights, and Sovereignty Act of 2024''.

     SEC. __02. FINDINGS.

       Section 2 of the Belarus Democracy Act of 2004 (Public Law 
     108-347; 22 U.S.C. 5811 note) is amended to read as follows:

     ``SEC. 2. FINDINGS.

       ``Congress finds the following:
       ``(1) Consistently, Alyaksandr Lukashenka, the illegitimate 
     leader of Belarus, engages in a pattern of clear and 
     persistent violations of human rights, democratic governance, 
     and fundamental freedoms.
       ``(2) Alyaksandr Lukashenka has overseen and participated 
     in multiple fundamentally flawed presidential and 
     parliamentary elections undermining the legitimacy of 
     executive, judicial, and legislative authority in Belarus.

[[Page S4523]]

       ``(3) On August 9, 2020, the Government of Belarus 
     conducted a presidential election that was fraudulent and did 
     not meet international standards. There were serious 
     irregularities with ballot counting and the reporting of 
     election results. The Government of Belarus also put in place 
     restrictive measures that impeded the work of local 
     independent observers and did not provide sufficient notice 
     to the OSCE to allow for the OSCE to monitor the elections, 
     as is customary.
       ``(4) Independent election monitors recognized Sviatlana 
     Tsikhanouskaya as the legitimate winner of the August 9, 2020 
     election for president in Belarus following her candidacy 
     after her husband, opposition leader Sergei Tikhanovsky, was 
     imprisoned for challenging Lukashenka for president in 2020.
       ``(5) Following threats to her safety, Sviatlana 
     Tsikhanouskaya was forced into exile in Lithuania after Mr. 
     Lukashenka claimed victory in the fraudulent 2020 elections, 
     and since that time, the Government of Lithuania has hosted 
     the Office of Sviatlana Tsikhanouskaya, the Belarusian 
     Democratic Leader, and the Government of Poland has hosted 
     the Belarusian United Transitional Cabinet.
       ``(6) Thousands of employees at Belarusian state-owned 
     enterprises went on strike across the country to protest Mr. 
     Lukashenka's illegitimate election and the subsequent 
     crackdowns on peaceful protestors to the contested results of 
     the election, including at some of Belarus's largest 
     factories such as the BelAZ truck plant, the Minsk Tractor 
     Works, and the Minsk Automobile Plant.
       ``(7) After the August 9, 2020, presidential election, the 
     Government of Belarus restricted the free flow of information 
     to silence the opposition and to conceal the regime's violent 
     crackdown on peaceful protestors, including by stripping the 
     accreditation of journalists from major foreign news outlets, 
     disrupting internet access, limiting access to social media 
     and other digital communication platforms, and detaining and 
     harassing countless journalists.
       ``(8) The Government of Belarus, led by Alyaksandr 
     Lukashenka, continues to subject thousands of pro-democracy 
     political activists and peaceful protesters to harassment, 
     beatings, enforced disappearance, and imprisonment, 
     particularly as a result of their attempts to peacefully 
     exercise their right to freedom of assembly and association, 
     including following violent crackdowns on peaceful protestors 
     and mass detentions of peaceful protesters resisting the 
     results of the contested 2020 election.
       ``(9) Women serve as the leading force in demonstrations 
     across the country, protesting police brutality and mass 
     detentions by wearing white, carrying flowers, forming 
     `solidarity chains', and unmasking undercover police trying 
     to arrest demonstrators.
       ``(10) The Government of Belarus, led by Alyaksandr 
     Lukashenka, suppresses independent media and journalists and 
     restricts access to the internet, including social media and 
     other digital communication platforms, in violation of the 
     right to freedom of speech and expression of those dissenting 
     from the dictatorship of Alyaksandr Lukashenka.
       ``(11) The Government of Belarus, led by Alyaksandr 
     Lukashenka, has criminalized access to independent media 
     sources and media channels, including foreign media, by 
     designating such sources and channels as extremist and 
     conducting arbitrary arrests and detainments of media 
     workers, activists, and users.
       ``(12) The Government of Belarus, led by Alyaksandr 
     Lukashenka, continues a systematic campaign of harassment, 
     repression, and closure of nongovernmental organizations, 
     including independent trade unions and entrepreneurs, 
     creating a climate of fear that inhibits the development of 
     civil society and social solidarity.
       ``(13) The Government of Belarus, led by Alyaksandr 
     Lukashenka, has pursued a policy undermining the country's 
     sovereignty and independence by making Belarus political, 
     economic, cultural, and societal interests subservient to 
     those of Russia.
       ``(14) Against the will of the majority of the Belarusian 
     people, Russian President Vladimir Putin has propped up the 
     Alyaksandr Lukashenka regime, including by offering security 
     assistance, providing significant financial support, and 
     sending Russian propagandists to help disseminate pro-regime 
     and pro-Kremlin propaganda on Belarus state television.
       ``(15) Efforts by the Government of the Russian Federation 
     to subsume Belarus into its sphere of influence and consider 
     Belarus as part of the Russian empire or as a `Union State' 
     include security, political, economic, and ideological 
     integration between Russia and Belarus, which intensified in 
     2020 after President Putin supported Mr. Lukashenka's 
     illegitimate election and resulted in the Government of 
     Belarus permitting Russian troops to use Belarusian territory 
     to conduct military exercises ahead of the February 2022 
     further invasion of Ukraine and staging part of the February 
     2022 further invasion of Ukraine from Belarusian territory, 
     including by providing Russia with the use of airbases which 
     allowed Russia to shoot artillery and missiles from 
     Belarusian territory into Ukraine.
       ``(16) The United States Government and United States 
     partners and allies have imposed sanctions on Alyaksandr 
     Lukashenka and the Government of Belarus in response to anti-
     democratic activities and human rights abuses for more than 
     20 years, including in response to the Government of Belarus' 
     support for Russia's further invasion of Ukraine, which 
     include property blocking and visa restrictions and export 
     restrictions.
       ``(17) The Kremlin has provided the Government of Belarus 
     with loans amounting to more than $1,500,000,000 dollars to 
     prop up Lukashenka's illegitimate regime and Russia continues 
     to provide Belarus with access to an economic market to avoid 
     the impacts of United States and allied countries' sanctions 
     on key Belarusian industries.
       ``(18) The Government of Belarus is relied upon by the 
     Government of the Russian Federation to increase production 
     of ammunition and other military equipment to facilitate the 
     Kremlin's crimes of aggression, war crimes, and crimes 
     against humanity during the illegal war in Ukraine.
       ``(19) Since before the 2022 further invasion of Ukraine, 
     the Government of Belarus has hosted Russian troops on 
     Belarusian territory and enabled the violation of Ukraine's 
     sovereignty by Russia in February 2022 and since the further 
     invasion of Ukraine, the Government of Belarus has also 
     hosted Russian mercenary fighters and reportedly hosted 
     Russian nuclear warheads.
       ``(20) The international community has seen credible 
     evidence that children forcibly removed from Ukraine by 
     Russia during the further invasion of Ukraine have transited 
     through the territory of Belarus or been illegally removed to 
     the territory of Belarus with support from Alyaksandr 
     Lukashenka and been subjected to Russian re-education 
     programs.
       ``(21) The Government of Belarus' continued support of 
     Russia, especially in the unprovoked further invasion of 
     Ukraine, and continued oppression of the Belarusian people 
     may amount to crimes against humanity, war crimes, and the 
     crime of aggression.
       ``(22) The Government of Belarus also threatens the safety, 
     security, and sovereignty of European countries, including 
     NATO allies Latvia, Lithuania, and Poland, by facilitating 
     illegal migration through the territory of Belarus, resulting 
     in efforts by the United States to support a Customs and 
     Border Patrol Technical Assessment in Latvia to ensure 
     European allies and partners can secure their borders.
       ``(23) The Government of Lithuania and other United States 
     partners and allies host independent Belarusian free media, 
     including Radio Free Europe/Radio Liberty's Minsk bureau, and 
     facilitate information and content in the Belarusian 
     language, which the Lukashenka regime has dismissed and de-
     facto outlawed as an inferior language to Russian for the 
     purpose of facilitating Russification campaigns in Belarus.
       ``(24) The governments of Lithuania, Latvia, Poland, and 
     other European partners host members of the Belarusian pro-
     democracy movement, including political leaders, free and 
     independent media, and exiled civil society groups and 
     provide essential support to these individuals and groups 
     that make up the Belarus democracy movement.
       ``(25) The Government of Belarus has further attempted to 
     suppress freedom of movement of Belarusian people and 
     Belarusian diaspora and retaliate against those Belarusians 
     living overseas and who have fled the Lukashenka regime by 
     refusing to provide overseas passport services.
       ``(26) The International Civil Aviation Organization found 
     that the Government of Belarus committed an act of unlawful 
     interference when it deliberately diverted Ryanair Flight 
     9478 in order to arrest two Belarusian citizens, including an 
     opposition activist and journalist.
       ``(27) The Belarus democracy movement has legitimate 
     aspirations for a transatlantic future for the people of 
     Belarus and continue to seek justice for those imprisoned and 
     oppressed by the Lukashenka regime and resist Russian 
     encroachment on Belarusian territory, culture, and 
     identity.''.

     SEC. __03. STATEMENT OF POLICY.

       Section 3 of the Belarus Democracy Act of 2004 (Public Law 
     108-347; 22 U.S.C. 5811 note) is amended to read as follows:

     ``SEC. 3. STATEMENT OF POLICY.

       ``It is the policy of the United States--
       ``(1) to condemn the conduct of the August 9, 2020, 
     presidential election and crackdown on opposition candidates, 
     members of the Coordination Council, peaceful protestors, 
     employees from state-owned enterprises participating in 
     strikes, independent election observers, and independent 
     journalists and bloggers;
       ``(2) to recognize Sviatlana Tsikhanouskaya as the 
     Democratic Leader of Belarus;
       ``(3) to refuse to recognize Alyaksandr Lukashenka as the 
     legitimately elected leader of Belarus;
       ``(4) to seek to engage with the United Transitional 
     Cabinet as the executive body that represents the aspirations 
     and beliefs of the Belarusian people and as a legitimate 
     institution to participate in a dialogue on a peaceful 
     transition of power and support its stated objectives of--
       ``(A) defending the independence and sovereignty of the 
     Republic of Belarus;
       ``(B) representing the national interests of Belarus;
       ``(C) carrying out the de-facto de-occupation of Belarus;
       ``(D) restoring constitutional legality and the rule of 
     law;
       ``(E) developing and implementing measures to thwart 
     illegal retention of power;

[[Page S4524]]

       ``(F) ensuring the transition of power from dictatorship to 
     democracy;
       ``(G) creating conditions for free and fair elections in 
     Belarus; and
       ``(H) developing and implementing solutions needed to 
     secure democratic changes in Belarus;
       ``(5) to continue to call for the immediate release without 
     preconditions of all political prisoners in Belarus;
       ``(6) to continue to support the aspirations of the people 
     of Belarus for democracy, human rights, and the rule of law;
       ``(7) to continue to support actively the aspirations of 
     the people of the Republic of Belarus to preserve the 
     independence and sovereignty of their country and to pursue a 
     Euro-Atlantic future;
       ``(8) not to recognize any incorporation of Belarus into a 
     `Union State' with Russia, as this so-called `Union State' 
     would be both an attempt to absorb Belarus and a step to 
     reconstituting the totalitarian Soviet Union;
       ``(9) to condemn efforts by the Government of the Russian 
     Federation to undermine the sovereignty and independence of 
     Belarus, and to continue to implement policies, including 
     sanctions, that serve to punish Russia for its anti-
     democratic and illegal actions involving Belarus;
       ``(10) to continue to reject the fraudulent victory of Mr. 
     Lukashenka on August 9, 2020, and to support calls for new 
     presidential and parliamentary elections, conducted in a 
     manner that is free and fair according to OSCE standards and 
     under the supervision of OSCE observers and independent 
     domestic observers;
       ``(11) to continue to call for the fulfillment by the 
     Government of Belarus of Belarus's freely undertaken 
     obligations as an OSCE participating state and as a signatory 
     of the Charter of the United Nations;
       ``(12) to support an OSCE role in mediating a dialogue 
     within Belarus between the government and genuine 
     representatives of Belarusian society;
       ``(13) to support international efforts to launch 
     investigations into the Government of Belarus and individuals 
     associated with the Government of Belarus for war crimes and 
     crimes against humanity against the people of Belarus and the 
     people of Ukraine for their actions during the further 
     invasion of Ukraine;
       ``(14) to support a United States diplomatic presence to 
     engage with the people of Belarus, including the regular 
     appointment of a United States Special Envoy to Belarus until 
     such a time that the credentials of a United States 
     Ambassador to Belarus are recognized by the Government of 
     Belarus;
       ``(15) to continue to work closely with the European Union, 
     the United Kingdom, Canada, and other countries and 
     international organizations, to promote the principles of 
     democracy, the rule of law, and human rights in Belarus;
       ``(16) to remain open to reevaluating United States policy 
     toward Belarus as warranted by demonstrable progress made by 
     the Government of Belarus consistent with the aims of this 
     Act, as stated in this section;
       ``(17) to express concern in the event that social media or 
     technology companies move to block independent media content 
     or participate in media blackouts that prevent free and 
     independent media services from transmitting information into 
     Belarus;
       ``(18) to continue to support Belarusian language and 
     cultural programs, including by supporting Belarusian 
     language independent media programs, and Belarusian civil 
     society, including efforts to restore democracy and the 
     regular function of democratic institutions in Belarus;
       ``(19) to work with the Belarusian democratic movement and 
     European allies and partners to ensure Belarusian nationals 
     living outside of Belarus have access to national 
     identification documentation following the Lukashenka 
     regime's decision to stop supplying overseas passport 
     services to Belarusians;
       ``(20) to provide technical support to the United 
     Transitional Cabinet of Belarus and European allies and 
     partners to develop and implement national identification 
     documents (New Belarusian Passport) that will enable the more 
     than 2,000,000 Belarusians living abroad to access freedom of 
     movement and essential services while maintaining Belarusian 
     national identity and unity;
       ``(21) to include Belarusian nationals living in Ukraine as 
     of February 24, 2022, in the Uniting For Ukraine program to 
     provide a pathway for Belarusian nations and their immediate 
     family members outside of the United States to come to the 
     United States and stay for a period of not more than two 
     years of parole and subject those Belarusian nationals to the 
     same qualifications for entry into the program as Ukrainian 
     nationals;
       ``(22) to engage in the United States-Belarus democratic 
     movement strategic dialogue when necessary to reaffirm 
     commitments to promoting freedom and democracy in Belarus and 
     promote efforts to restore free and open presidential and 
     parliamentary elections in Belarus that are conducted 
     consistent with OSCE standards and under the supervision of 
     OSCE observers and independent domestic observers;
       ``(23) to refuse to recognize the legitimacy of the 
     Lukashenka regime to enter into any international agreements 
     or treaties;
       ``(24) to advocate for the inclusion of the Belarus 
     democratic movement to participate in international 
     institutions and be granted Permanent Observer Status by the 
     United Nations General Assembly;
       ``(25) to establish a Belarus service at Voice of America 
     through the United States Agency for Global Media that 
     broadcasts in the Belarusian language;
       ``(26) to continue to support the Governments of Lithuania, 
     Latvia, and Poland in providing critical support to the 
     Belarusian government, civil society, and media in exile;
       ``(27) to transfer when applicable existing bilateral 
     funding for Belarus toward sustaining pro-democracy and civil 
     society initiatives outside the territory of Belarus;
       ``(28) to continue to ban ticket sales for air travel to 
     Belarus until such a time that civilians do not face random 
     arrests by the Government of Belarus, a ban that was enacted 
     following the unlawful actions of the Government of Belarus 
     to deliberately divert Ryanair Flight 9478; and
       ``(29) to continue to work with international allies and 
     partners to coordinate support for the people of Belarus and 
     their legitimate aspirations for a free, open, and democratic 
     society and the regular conduct of free and fair 
     elections.''.

     SEC. __04. STRATEGIC DIALOGUE WITH THE BELARUS DEMOCRACY 
                   MOVEMENT.

       (a) Strategic Dialogue.--The President shall direct the 
     Secretary of State to host a strategic dialogue with the 
     Belarus Democracy Movement not fewer than once every 12 
     months following the date of the enactment of this Act.
       (b) Central Objective.--The central objective of the 
     strategic dialogue required under subsection (a) is to 
     coordinate and promote efforts--
       (1) to consider the efforts needed to return to democratic 
     rule in Belarus, including the efforts needed to support free 
     and fair elections in Belarus;
       (2) to support the day-to-day functions of the Belarus 
     Democracy Movement, which represents the legitimate 
     aspirations of the Belarusian people, and ensure that 
     Belarusians living outside the territory of Belarus have 
     adequate access to essential services; and
       (3) to respond to the political, economic, and security 
     impacts of events in Belarus and Russia on neighboring 
     countries and the wider region.
       (c) Termination.--The strategic dialogue with the Belarus 
     Democracy Movement and the authorities provided by this 
     section shall terminate on the date that is five years after 
     the date of the enactment of this Act.

     SEC. __05. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY, 
                   AND SOVEREIGNTY IN BELARUS.

       Section 4 of the Belarus Democracy Act of 2004 (Public Law 
     108-347; 22 U.S.C. 5811 note) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by inserting ``, including by 
     establishing a Belarus service at Voice of America to include 
     broadcasts in the Belarusian language'' after ``within 
     Belarus'';
       (B) in paragraph (2), by inserting ``in the Belarusian 
     language'' after ``and Internet media'';
       (C) by striking paragraphs (11) and (14);
       (D) by redesignating paragraphs (3) through (10) as 
     paragraphs (4) through (11), respectively;
       (E) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) countering internet and media censorship and 
     repressive surveillance technology that seeks to limit free 
     association, control access to information, and prevent 
     citizens from exercising their rights to free speech;'';
       (F) in paragraph (11), as redesignated by subparagraph (C), 
     by inserting ``and the development of Belarusian cultural 
     programs'' after ``supporting the development of Belarusian 
     language education'';
       (G) in paragraph (12), by inserting ``, including refugees 
     from Belarus in Ukraine and refugees from Ukraine fleeing 
     Russia's unprovoked war following the February 2022 further 
     invasion of Ukraine'' after ``supporting political refugees 
     in neighboring European countries fleeing the crackdown in 
     Belarus'';
       (H) in paragraph (13)--
       (i) by inserting ``and war crimes'' after ``human rights 
     abuses''; and
       (ii) by striking the semicolon and inserting ``; and''; and
       (I) by redesignating paragraph (15) as paragraph (14);
       (2) in subsection (f), by striking ``2020'' and inserting 
     ``2024''; and
       (3) by striking subsection (g).

     SEC. __06. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND 
                   ACCESS TO INFORMATION IN BELARUS.

       Section 5 of the Belarus Democracy, Human Rights, and 
     Sovereignty Act of 2004 (Public Law 108-347; 22 U.S.C. 5811 
     note) is amended--
       (1) in subsection (a)(1), by inserting ``and Voice of 
     America'' after ``Radio Free Europe/Radio Liberty''; and
       (2) in subsection (b)(1)--
       (A) by striking ``2020'' and inserting ``2024'';
       (B) in subparagraph (A) by inserting ``, including through 
     social media platforms,'' after ``communications in 
     Belarus''; and
       (C) in subparagraph (C) by inserting ``, including by 
     ensuring private companies do not comply with media blackouts 
     directed by or favored by the Government of Belarus'' after 
     ``access and block content online''.

[[Page S4525]]

  


     SEC. __07. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

       Section 6 of the Belarus Democracy, Human Rights, and 
     Sovereignty Act of 2004 (Public Law 108-347; 22 U.S.C. 5811 
     note) is amended--
       (1) in subsection (b)--
       (A) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (6), respectively;
       (B) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) The release of Ukrainian nationals illegally held in 
     Belarus, including those illegally transferred to Belarus 
     after the 2022 Russian further invasion of Ukraine.'';
       (C) in paragraph (3), as redesignated by subparagraph (A), 
     by inserting ``, and people who protested the support of the 
     Government of Belarus for the further Russian invasion of 
     Ukraine and cooperation of the Government of Belarus with 
     Russia'' after ``August 9, 2020''; and
       (D) in paragraph (5), as so redesignated, by inserting ``, 
     or for providing support in connection with the illegal 
     further Russian invasion of Ukraine'' after ``August 9, 
     2020''; and
       (2) in subsection (c)--
       (A) in the subsection heading, by inserting ``and the 
     February, 24, 2022, Further Invasion of Ukraine'' after 
     ``Election'';
       (B) by redesignating paragraphs (5) through (9) as 
     paragraphs (6) through (10), respectively;
       (C) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) assisted the Government of Belarus in--
       ``(A) supporting security cooperation with the Government 
     of Russia in advance of the February 24, 2022, further 
     invasion of Ukraine;
       ``(B) supporting the presence of Russian mercenaries in the 
     territory of Belarus; or
       ``(C) supporting ongoing security cooperation with the 
     Government of Russia, including the Government of Belarus' 
     decision to host Russian tactical nuclear weapons;''; and
       (D) in paragraph (6), as redesignated by subparagraph (B), 
     by inserting ``, or in connection with the 2022 Russian 
     further invasion of Ukraine'' after ``August 9, 2020''.

     SEC. __08. MULTILATERAL COOPERATION.

       Section 7 of the Belarus Democracy, Human Rights, and 
     Sovereignty Act of 2020 (Public Law 108-347; 22 U.S.C. 5811 
     note) is amended--
       (1) in paragraph (1); by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) to condemn the continued collaboration between the 
     Government of Belarus and the Government of Russia, 
     particularly as it relates to the further invasion of 
     Ukraine, and further the purposes of this Act, including, as 
     appropriate, to levy sanctions and additional measures 
     against the Government of Belarus for its complicity in war 
     crimes and crimes against humanity committed in the territory 
     of Ukraine; and
       ``(4) to provide technical assistance to the Belarus 
     democracy movement on the creation and international 
     recognition of national identity documentation following the 
     Lukashenka regime's decision to cease overseas passport 
     services for Belarusian nationals, with the objective of 
     maintaining Belarusian national identity and unity but 
     providing Belarusians living overseas with freedom of 
     movement and the ability to access essential services.''.

     SEC. __09. PARTICIPATION OF BELARUS IN UNITING FOR UKRAINE.

       The Belarus Democracy, Human Rights, and Sovereignty Act of 
     2004 (Public Law 108-347; 22 U.S.C. 5811 note) is amended--
       (1) by redesignating sections 8 and 9 as sections 9 and 10, 
     respectively; and
       (2) by inserting after section 7 the following new section:

     ``SEC. 8. PARTICIPATION OF BELARUS IN UNITING FOR UKRAINE.

       ``(a) Sense of Congress.--It is the sense of Congress 
     that--
       ``(1) there are a significant number of Belarusian 
     nationals residing in Ukraine and suffering from Russian 
     aggression during the further Russian invasion of Ukraine; 
     and
       ``(2) Belarusian nationals may experience threats to their 
     physical security due to political persecution or retribution 
     or human rights abuses if they return to Belarus.
       ``(b) Uniting for Ukraine Participation.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of this section, the Secretary of State and 
     the Secretary of Homeland Security shall provide a pathway 
     for Belarusian nationals living in Ukraine following the 
     February 24, 2022, further invasion of Ukraine to participate 
     in the Uniting for Ukraine program.
       ``(2) Exception.--The Secretary of State and the Secretary 
     of Homeland Security may delay implementation of the pathway 
     required under paragraph (1) if they determine that it is 
     counter to United States national security interests.''.

     SEC. __10. REPORTS.

       Section 9 of the Belarus Democracy, Human Rights, and 
     Sovereignty Act of 2004 (Public Law 108-347; 22 U.S.C. 5811 
     note), as redesignated by section__07(1) of this Act, is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``2020'' and inserting 
     ``2024''; and
       (B) in paragraph (2)--
       (i) in subparagraph (G), by striking ``; and'' and 
     inserting a semicolon;
       (ii) in subparagraph (H), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following new subparagraphs:
       ``(I) an assessment of how the Government of Russia is 
     working to achieve deeper security cooperation and 
     interdependence or integration with Belarus;
       ``(J) a description of the Government of Belarus actions to 
     support the 2022 further Russian invasion of Ukraine and 
     ongoing Russian aggression in Ukraine;
       ``(K) a description of how the Government of Belarus 
     supports, adopts, and deploys Russian disinformation 
     campaigns or Belarusian disinformation campaigns; and
       ``(L) an identification of Belarusian officials involved in 
     continued support to Russia and the further invasion of 
     Ukraine and an identification of Russian officials involved 
     in continued support to Belarus and the further invasion of 
     Ukraine.'';
       (2) in subsection (b)(1)--
       (A) by striking ``2020'' and inserting ``2024'';
       (B) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (C) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon; and
       (D) by adding at the end the following new subparagraphs:
       ``(C) an identification of efforts by the Government of 
     Belarus and the Government of Russia to circumvent sanctions, 
     including those imposed by the United States in response to 
     the further invasion of Ukraine;
       ``(D) an assessment of the shared assets and business 
     interests of Vladimir Putin and Alyaksandr Lukashenka and the 
     Government of Belarus and the Government of Russia; and
       ``(E) a determination on the possibility for Belarus to 
     host free and fair elections during the parliamentary 
     elections scheduled for 2024 and the presidential election 
     scheduled for 2025, including a proposal of how the United 
     States may support a return to democracy in the anticipated 
     elections in Belarus.''; and
       (3) by adding at the end the following new subsection:
       ``(c) Report on Efforts to Enable Belarusians Living 
     Outside the Territory of Belarus to Travel Freely.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of the Belarus Democracy, Human Rights, and 
     Sovereignty Act of 2024, the Secretary of State, in 
     coordination with the Secretary of Homeland Security, shall 
     submit to the appropriate congressional committees a report 
     describing efforts to provide Belarusians living outside the 
     territory of Belarus with national identification documents.
       ``(2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       ``(A) An assessment of the European Union's efforts to 
     provide Belarusians living overseas with national 
     identification documents that maintain Belarusian nationality 
     but enable Belarusians living overseas to travel freely and 
     access essential services.
       ``(B) A description of efforts to provide technical 
     assistance to the Belarus democratic movement on the creation 
     of national identification documents that fulfill the needs 
     described in subparagraph (A).
       ``(3) Form.--The report required by this subsection shall 
     be transmitted in unclassified form but may contain a 
     classified annex.''.

     SEC. __12. DEFINITIONS.

       Section 10(1)(B) of the Belarus Democracy Act of 2004 
     (Public Law 108-347; 22 U.S.C. 5811 note), as redesignated by 
     section __09(1) of this Act, is amended by striking 
     ``Committee on Banking, Housing, and Urban Affairs'' and 
     inserting ``the Committee on Homeland Security and 
     Governmental Affairs''.
                                 ______
                                 
  SA 2244. Mrs. SHAHEEN (for herself and Ms. Collins) 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. PFAS HEALTH EFFECTS ASSESSMENT, RECOMMENDATIONS, 
                   AND GUIDANCE.

       (a) Periodic Assessment and Recommendations.--
       (1) Agreement.--The Director of the Agency for Toxic 
     Substances and Disease Registry (in this section referred to 
     as the ``Director'') shall enter into an agreement with the 
     National Academies of Sciences, Engineering, and Medicine (or 
     another appropriate entity if the National Academies declines 
     to enter into such agreement) under which the National 
     Academies or the other appropriate entity agrees--
       (A) to assess the health effects of per- and 
     polyfluoroalkyl substances (in this section referred to as 
     ``PFAS'') that can be measured in human tissues;

[[Page S4526]]

       (B) to formulate clinical recommendations on addressing 
     such health effects;
       (C) not later than 2 years after the date of entry into 
     such agreement, to complete the initial assessment under 
     subparagraph (A) and formulate the initial recommendations 
     under subparagraph (B); and
       (D) to update the most recent assessment and 
     recommendations under this paragraph--
       (i) every 5 years; or
       (ii) more frequently as determined necessary by the 
     Director based on an assessment of the science.
       (2) Consultation.--In carrying out the assessments under 
     paragraph (1), the National Academies of Sciences, 
     Engineering, and Medicine or other appropriate entity shall 
     engage with PFAS exposed communities and solicit input from 
     members of such communities regarding their experiences with 
     PFAS exposure, testing, and clinical follow-up.
       (3) Timing of entry into agreement.--The Director shall 
     enter into the agreement required by paragraph (1) not later 
     than 60 days after the date of enactment of this Act.
       (b) Up-to-Date Guidance.--Based on the results of the most 
     recent assessment and recommendations under subsection (a), 
     the Director, in consultation with the entity with which the 
     Director enters into the agreement under subsection (a), 
     shall--
       (1) not later than 5 years after the date of entry into the 
     agreement required by subsection (a)--
       (A) issue up-to-date clinical guidance on addressing the 
     health effects of PFAS;
       (B) post such guidance on the public website of the Agency 
     for Toxic Substances and Disease Registry; and
       (C) disseminate such guidance to State and local public 
     health authorities and appropriate health care professionals; 
     and
       (2) every 5 years thereafter, or more frequently as 
     determined necessary by the Director based on an assessment 
     of the science, issue, post, and disseminate up-to-date 
     guidance as described in paragraph (1).
                                 ______
                                 
  SA 2245. 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, add the following:

     SEC. 1095. EXPANSION OF SPECIAL RULES FOR CERTAIN MONTHLY 
                   WORKERS' COMPENSATION PAYMENTS AND OTHER 
                   PAYMENTS FOR PERSONNEL UNDER CHIEF OF MISSION 
                   AUTHORITY.

       Section 901 of title IX of division J of the Further 
     Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b) is 
     amended--
       (1) in subsection (e)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A)--
       (i) by striking ``of a'' and inserting ``of an''; and
       (ii) by striking ``January 1, 2016'' and inserting 
     ``September 11, 2001'';
       (B) in paragraph (2), by striking ``January 1, 2016'' and 
     inserting ``September 11, 2001''; and
       (C) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``January 1, 2016'' and inserting 
     ``September 11, 2001''; and
       (2) in subsection (h)(1)--
       (A) in subparagraph (A), by striking ``January 1, 2016'' 
     and inserting ``September 11, 2001''; and
       (B) in subparagraph (B), by striking ``January 1, 2016'' 
     and inserting ``September 11, 2001''.
                                 ______
                                 
  SA 2246. 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 appropriate place in title III, insert the 
     following:

     SEC. 3__. REPORT ON NAVAL WARFARE CENTERS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of the Navy shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the state of the 15 Naval Warfare 
     Centers of the Department of the Navy, including--
       (1) the material condition of the facilities;
       (2) hiring and retention at the facilities as of the date 
     of the report; and
       (3) a plan to remain relevant, competitive, and technically 
     advanced through 2050, including any additional resources 
     required.
                                 ______
                                 
  SA 2247. 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 F of title XII, insert the 
     following:

     SEC. 1291. MODIFICATION OF TERMINATION OF SANCTIONS RELATING 
                   TO TURKEY'S ACQUISITION OF S-400 AIR DEFENSE 
                   SYSTEM.

       Section 1241(e)(1) of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283; 22 U.S.C. 9525 note) is amended by 
     striking ``possesses'' and inserting ``operates''.
                                 ______
                                 
  SA 2248. Mr. WELCH (for Ms. Klobuchar) proposed an amendment to the 
bill S. 412, to provide that it is unlawful to knowingly distribute 
private intimate visual depictions with reckless disregard for the 
individual's lack of consent to the distribution, and for other 
purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stopping Harmful Image 
     Exploitation and Limiting Distribution Act of 2023'' or the 
     ``SHIELD Act of 2023''.

     SEC. 2. CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL 
                   DEPICTIONS.

       (a) In General.--Chapter 88 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1802. Certain activities relating to intimate visual 
       depictions

       ``(a) Definitions.--In this section:
       ``(1) Communications service.--The term `communications 
     service' means--
       ``(A) a service provided by a person that is a common 
     carrier, as that term is defined in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153), insofar as the 
     person is acting as a common carrier;
       ``(B) an electronic communication service, as that term is 
     defined in section 2510;
       ``(C) an information service, as that term is defined in 
     section 3 of the Communications Act of 1934 (47 U.S.C. 153); 
     and
       ``(D) an interactive computer service, as that term is 
     defined in section 230(f) of the Communications Act of 1934 
     (47 U.S.C. 230(f)).
       ``(2) Information content provider.--The term `information 
     content provider' has the meaning given that term in section 
     230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
       ``(3) Intimate visual depiction.--The term `intimate visual 
     depiction' means any visual depiction (as that term is 
     defined in section 2256(5)) of an individual--
       ``(A) who has attained 18 years of age at the time the 
     intimate visual depiction is created;
       ``(B) who is recognizable to a third party from the 
     intimate image itself or information or text displayed in 
     connection with the intimate image itself or information or 
     text displayed in connection with the intimate image; and
       ``(C)(i) who is depicted engaging in sexually explicit 
     conduct; or
       ``(ii) whose genitals, anus, pubic area, or female nipple 
     are unclothed and visible.
       ``(4) Minor.--The term `minor' has the meaning given that 
     term in section 2256.
       ``(5) Sexually explicit conduct.--The term `sexually 
     explicit conduct' has the meaning given that term in section 
     2256(2)(A).
       ``(6) Visual depiction of a nude minor.--The term `visual 
     depiction of a nude minor' means any visual depiction (as 
     that term is defined in section 2256(5)) of an individual who 
     is recognizable by an individual other than the depicted 
     individual from the intimate image itself or information or 
     text displayed in connection with the intimate image who was 
     under 18 years of age at the time the visual depiction was 
     created in which the actual anus, genitals, or pubic area, or 
     post-pubescent female nipple, of the minor are unclothed, 
     visible, and displayed in a manner that does not constitute 
     sexually explicit conduct.
       ``(b) Offenses.--
       ``(1) In general.--Except as provided in subsection (d), it 
     shall be unlawful to knowingly mail, or to knowingly 
     distribute using any means or facility of interstate or 
     foreign commerce or affecting interstate or foreign commerce, 
     an intimate visual depiction of an individual--
       ``(A) that was obtained or created under circumstances in 
     which the actor knew or reasonably should have known the 
     individual depicted had a reasonable expectation of privacy;
       ``(B) where what is depicted was not voluntarily exposed by 
     the individual in a public or commercial setting;
       ``(C) where what is depicted is not a matter of public 
     concern; and
       ``(D) if the distribution--
       ``(i) is intended to cause harm; or
       ``(ii) causes harm, including psychological, financial, or 
     reputational harm, to the individual depicted.
     For purposes of this paragraph, the fact that the subject of 
     the depiction consented to the creation of the depiction 
     shall not establish that that person consented to its 
     distribution.
       ``(2) Involving minors.--Except as provided in subsection 
     (d), it shall be unlawful to knowingly mail, or to knowingly 
     distribute using any means or facility of interstate or

[[Page S4527]]

     foreign commerce or affecting interstate or foreign commerce, 
     a visual depiction of a nude minor with intent to abuse, 
     humiliate, harass, or degrade the minor, or to arouse or 
     gratify the sexual desire of any person.
       ``(c) Penalty.--
       ``(1) In general.--
       ``(A) Visual depiction of a nude minor.--Any person who 
     violates subsection (b)(2) shall be fined under this title, 
     imprisoned not more than 3 years, or both.
       ``(B) Intimate visual depiction.--Any person who violates 
     subsection (b)(1) shall be fined under this title, imprisoned 
     for not more than 2 years, or both.
       ``(2) Forfeiture.--
       ``(A) In general.--The court, in imposing a sentence on any 
     person convicted of a violation involving intimate visual 
     depictions or visual depictions of a nude minor under this 
     section, or convicted of a conspiracy of a violation 
     involving intimate visual depictions or visual depictions of 
     a nude minor under this section, shall order, in addition to 
     any other sentence imposed and irrespective of any provision 
     of State law, that such person forfeit to the United States--
       ``(i) any material distributed in violation of this 
     section;
       ``(ii) such person's interest in property, real or 
     personal, constituting or derived from any gross proceeds of 
     such violation, or any property traceable to such property, 
     obtained or retained directly or indirectly as a result of 
     such violation; and
       ``(iii) any personal property of the person used, or 
     intended to be used, in any manner or part, to commit or to 
     facilitate the commission of such violation.
       ``(B) Procedures.--Section 413 of the Controlled Substances 
     Act (21 U.S.C. 853), with the exception of subsections (a) 
     and (d), applies to the criminal forfeiture of property 
     pursuant to subparagraph (A).
       ``(3) Restitution.--Restitution shall be available as 
     provided in section 2264 of this title.
       ``(d) Exceptions.--
       ``(1) Law enforcement, lawful reporting, and other legal 
     proceedings.--This section--
       ``(A) does not prohibit any lawfully authorized 
     investigative, protective, or intelligence activity of a law 
     enforcement agency of the United States, a State, or a 
     political subdivision of a State, or of an intelligence 
     agency of the United States; and
       ``(B) shall not apply to distributions that are made 
     reasonably and in good faith--
       ``(i) to report unlawful or unsolicited activity or in 
     pursuance of a legal or professional or other lawful 
     obligation;
       ``(ii) to seek support or help with respect to the receipt 
     of an unsolicited intimate visual depiction;
       ``(iii) relating to an individual who possesses or 
     distributes a visual depiction of himself or herself engaged 
     in nudity or sexually explicit conduct;
       ``(iv) to assist the depicted individual;
       ``(v) for legitimate medical, scientific, or educational 
     purposes; or
       ``(vi) as part of a document production or filing 
     associated with a legal proceeding.
       ``(2) Service providers.--This section shall not apply to 
     any provider of a communications service with regard to 
     content provided by another information content provider 
     unless the provider of the communications service 
     intentionally solicits, or knowingly and predominantly 
     distributes, such content.
       ``(e) Threats.--Any person who intentionally threatens to 
     commit an offense under subsection (b) for the purpose of 
     intimidation, coercion, extortion, or to create mental 
     distress shall be punished as provided in subsection (c).
       ``(f) Extraterritoriality.--There is extraterritorial 
     Federal jurisdiction over an offense under this section if 
     the defendant or the depicted individual is a citizen or 
     permanent resident of the United States.
       ``(g) Rule of Construction.--Nothing in this section shall 
     be construed to limit the application of any other relevant 
     law, including section 2252 of this title.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     88 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1801 the following:

``1802. Certain activities relating to intimate visual depictions.''.

       (c) Conforming Amendment.--Section 2264(a) of title 18, 
     United States Code, is amended by inserting ``, or under 
     section 1802 of this title'' before the period.

                          ____________________