Senate
Page S4839 · Official textThe Senate met at 3 p.m. and was called to order by the President pro tempore (Mr. Grassley).
Tuesday, September 22, 2026
Vol. 172, No. 150 · 119th Congress, 2nd session
Prayer
Page S4839 · Official textThe Chaplain, Dr. Barry C. Black, offered the following prayer: Let us pray. Almighty God, in whom we live and move and have our being, we come before You with grateful hearts. We ask You for Your blessing and guidance upon our Senators as they seek to serve this Nation and world. Lord, we lift our hearts to You today, for You alone reign over all creation. You are our source of strength, wisdom, and hope, and You sustain us through both good times and difficult seasons. Grant our Senators wisdom to make thoughtful decisions, courage to face difficulties, and humility to listen to the voices and concerns of those they represent. Give us all a deep sense of fairness, compassion, and responsibility in all we do. And, Lord, we thank You for the life and legacy of former Senator Jon Kyl. We pray in Your merciful Name. Amen.
Pledge of Allegiance
Page S4839 · Official textThe President pro tempore led the Pledge of Allegiance, as follows:
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I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
Reservation of Leader Time
Page S4839 · Official textThe PRESIDENT pro tempore
Under the previous order, the leadership time is reserved.
Conclusion of Morning Business
Page S4839 · Official textThe PRESIDENT pro tempore
Morning business is closed.
EXECUTIVE CALENDAR (Executive Session)
Page S4839 · Official textThe PRESIDENT pro tempore
Under the previous order, the Senate will proceed to executive session to resume consideration of the following nomination, which now the clerk will report.
The legislative clerk read the nomination of Angela Veronica Colmenero, of Texas, to be United States District Judge for the Southern District of Texas.
The PRESIDING OFFICER (Mr. Banks)
The Senator from Iowa.
Ethanol (Executive Session)
Pages S4839–S4840 · Official textMr. President, my colleagues know that I come to the floor quite often to talk about the issue of ethanol and the benefits of E15 for the State of Iowa but also for the whole country. So I would remind my colleagues that year-round E15 does, in fact, benefit people across the country even though Iowans probably talk about it more than any other State in the Nation.
It benefits not only consumers, who can see, at least sometimes, 40 cents per gallon in savings at the gas pump, but I want to also remind you that farmers in every State benefit because, you see, the only grain in the United States that grows in all 50 States is corn. Corn produces ethanol and is the key to American-grown fuel we call E15.
America is the largest producer of corn in the world. While my home State of Iowa grows the most corn, farmers across the Midwest in this country benefit from permanent year-round E15. Economists have estimated that it would put $14 billion more in the economy through the increased price of corn. In addition, then, passing year-round E15 helps every State by adding $25.8 billion to the gross domestic product. It is good for consumers' pocketbooks, for our environment, for our rural communities, and for our national security.
Now I am going to turn to something that I am asking President Trump to do because he has done similar things--from chips for China--or President Nixon 55 years ago did it for the consumers of America when he put embargoes on soybeans.
Another key way to help farmers is lowering diesel prices. So along the lines of embargoes I just talked about, I encourage President Trump to put a temporary embargo on diesel exports through Executive action. It will help family farmers who feed and fuel the world.
I have recently been reading some commentary, probably from Big Oil, where it is very difficult--because there are different kinds of diesel, that it might be difficult to separate it from exports and things of that nature. So another way Big Oil could handle this would be to just sell diesel in the United States at a cheaper price than you sell it overseas.
I am going to continue pushing to give farmers and consumers across the country the stability they deserve by making year-round E15 permanent and finding ways to lower diesel prices.
I yield the floor.
Recognition of the Majority Leader (Executive Session)
Page S4840 · Official textThe PRESIDING OFFICER
The majority leader is recognized.
Democrat Policies (Executive Session)
Page S4840 · Official textMr. President, last week, I came to the floor to discuss some of the things this Republican majority has delivered over the last 2 years: permanently lowering taxes for families, a secure border. We have worked to bring down the cost of prescription drugs and make home ownership more affordable, and we have delivered regulatory relief and tax policies to help our Nation's small businesses as well as family farms and ranches.
Republicans have spent the last 2 years delivering on our agenda, and it should be pretty clear what we stand for: more money in your pocket, safer streets, and new and more opportunities to get ahead. Our Democratic colleagues, however, have spent much of the last 2 years opposing this agenda. They have cast a lot of "no" votes and criticized Republicans' agenda at seemingly every turn.
So one has to wonder: What do Democrats stand for? What is their vision for this country? Well, I think their last stint in power is pretty instructive: Democrats' vision for the country looks a lot like the Big Government vision Democrats have implemented in California.
You don't have to take my word for it. A Los Angeles Times headline a few days before President Biden took office read "Make America California again? That's Biden's plan."
"California," the article went on to say, "is emerging as the de facto policy think tank of the Biden-Harris administration and of a Congress soon to be under Democratic control." That is right. In the words of the L.A. Times, Democrats leaned on California for inspiration in setting a progressive policy agenda for the Biden administration.
Democrats' push to raise taxes mirrored California's high tax rates--the highest individual rates in the country.
The Biden administration's disastrous approach to illegal immigration embraced the sanctuary policies and soft-on-crime laws for which California is the poster child.
On regulation, Democrats were determined to follow the lead of the most regulated State in the Union--especially on energy. Never mind the fact that over the years, Californians have faced rolling blackouts, been asked to limit their electricity usage, and paid some of the highest energy prices in the country--Democrats still tried to take the California plan national.
On more than one occasion, the Biden administration basically gave the pen to California regulators to write the rules that would affect all Americans. That is what happened with electric vehicles. The Biden administration not only implemented its own California-style electric vehicle mandate, it also allowed California to impose a de facto EV mandate on the rest of the country. Fortunately, Republicans rescinded that mandate just last year, and our work continues to block other mandates of the same sort. We have a number of resolutions in the pipeline to address painful California regulations that have created de facto mandates for the entire country.
Senators Ricketts and Husted have resolutions related to California's strict emissions standards targeting gas-powered vehicles. Senator Schmitt has another on California's unrealistic emissions standards for cars. Senators Sullivan and Moreno have introduced resolutions related to commercial shipping vessels. Senator Lummis' resolution would block a California rule restricting small motors for things like lawnmowers and leaf blowers.
Yes, as this list suggests, California will regulate just about anything that moves, ignoring the fact that these types of rules restrict consumer choice and lead to higher prices for working families.
As I mentioned, California's rush to electrification strained its power grid to the point that it faced rolling blackouts and high energy prices, and regulators had to ask residents not to charge their electric vehicles at certain hours. It confounds me as to why we would try to do the same thing nationwide. And that is exactly what Democrats tried to do during the Biden administration.
Over the summer, U.S. News & World Report released its ranking of States on a number of criteria. Here is how California ranked: 46th in energy, 41st in pre-K through 12 education, 48th in employment, and 50th in affordability--last place. And I struggle to think of a Democrat who has critiqued the way California is run. Instead, as I have said, Democrats continue to seek to impose a California-style regulatory regime on the whole country.
And when it comes to illegal immigration, the national Democratic Party is now to the left, if you can imagine that--to the left of California. Earlier this year, national Democrats tried to completely defund Border Patrol and immigration enforcement, a move that would have effectively made America a sanctuary country. And I fully expect that a Democrat government here in Washington would be spending taxpayer dollars on benefits like healthcare for illegal immigrants, as California has done.
President Reagan, the Governor of California in another era, once said:
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If a State is badly managed, the people will either do one of two things: They will either use their power at the polls to redress that, or they'll go someplace else.
Well, Americans are leaving California in droves. In each of the past 6 years, the Golden State has had the largest net loss of population on the U-Haul index. Businesses and employers are leaving, taking jobs and opportunities to other States. That should be instructive. That should be instructive to us here. But Democrats don't--or perhaps won't--take the hint. California ranks last--dead last--in affordability, but it is the first place Democrats look to for ideas on how to govern.
We could do better. Republicans are doing better. And that is why so many Californians are moving to red States and leaving Democrats' failed policies behind.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER
The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER
Without objection, it is so ordered.
Recognition of the Minority Leader (Executive Session)
Page S4840 · Official textThe Democratic leader is recognized.
Artificial Intelligence (Executive Session)
Pages S4840–S4841 · Official textMr. President, let me talk about Trump's AI comments at the U.N.
Trump continued to downplay the dangers of AI during his speech at the General Assembly today, completely ignoring the concerns of the American people and the people of the world. After rambling on about how he wants to rename artificial intelligence "superintelligence," Trump said he will oppose--oppose--any global effort to regulate AI. Trump said:
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We will only encourage superintelligence. We're going to encourage it, not rein it in.
Seriously? Talk about a formula for disaster.
Let's be absolutely clear, stepping away from the table on AI governance, at the same time the administration has defunded and withdrawn from countless international organizations, is a massive gift to China, who would be thrilled to fill the gap Trump is creating. China is already doubling down on maximizing its influence at the U.N. and creating its own international organizations on AI so it can set the rules of the road for this new technology.
That is what America should be doing, Donald Trump. You are creating vacuums, letting the Chinese fill them, and then ranting against them.
Even industry leaders building AI are calling for guardrails. Everybody seems to recognize the potential dangers of unchecked AI development except Donald Trump. What does Trump know that we don't? What makes Trump think that AI is harmless? America is asking that big, looming question.
More than a week after I called for the Trump administration to provide a classified briefing to the Senate on AI risks, including cyber threats and sending technology to China, we still haven't heard anything--crickets--on the most important issue of our day. Maybe Trump isn't worried because his family has hundreds of millions, if not billions, of dollars tied up in the AI economy. Trump doesn't care about protecting the American people, just his personal bottom line. We have all learned that through the years, and it disgusts most Americans. The President just refuses to get up off the bench, and that is unacceptable.
Will Republicans continue to sit with their President on the sidelines? This week, Democrats will continue to push Congress and the administration to act on AI. Republicans have to join us in reining in an unchecked AI before it is too late.
Please, please, Trump, wake up. The world is changing rapidly, and if we don't change and adapt to it and protect ourselves from the excesses of it, we are all going to be in big trouble.
China (Executive Session)
Page S4841 · Official textMr. President, on the Xi Jinping visit, I urge Trump not to sell out America for a headline when he meets with Xi Jinping tomorrow. Trump keeps talking a big game about winning the AI race against China, but he is forfeiting our lead every day by refusing to block the sale of our most advanced chips and manufacturing equipment to China. Just today, Trump was bragging to the U.N. about how America's technology is the best in the world. Well, then don't give that tech to the Chinese Communist Party. Prohibiting China from accessing these chips and equipment they desperately want is our best tool to keep China's AI ambitions at bay, and Trump wants to just hand it over to them. It doesn't make any sense. Trump needs to make clear to Xi that our cutting-edge AI technology is not up for negotiation; it is off the table, period--no ands, no ifs, no buts. Trump can block these sales before Xi's plane even hits the tarmac tomorrow. We have put forward bipartisan bills to ban the sale of these advanced chips to China, cut off access to chipmaking equipment, and prevent smuggling of this technology. Just get on board, Donald. Don't stand in the way. Sadly, we all know what Trump's goal is with summits like this. He is chasing a headline, chasing a photo op, not a victory for the American people. In almost every one of these summits when he chases a headline, Americans lose.
Iran (Executive Session)
Page S4841 · Official textMr. President, on Iran and the war, only Trump could try to present himself as a peacemaker and then threaten to "annihilate" an entire country in the same breath, but that is just what he did at the U.N. this morning. Trump said he had to make a "big decision" either to cut a deal with Iran or to "drive them into hell with no chance of survival." What a sickening statement from a wannabe Nobel laureate for peace. He thinks he is being smart by threatening them. His threats over the last several months haven't worked. Donald, nothing you have done has worked; end the damn war. And hey, Donald, you made another big decision 7 months ago; you decided to take our country to war without a second thought. Trump had no idea what he was doing when he got our country into this mess. Seven months later, he has no clue how to get us out, even though everyone told him the first thing to do is block the Strait of Hormuz, secure the Strait of Hormuz. He didn't do it. He doesn't listen. Whatever pops into his own head seems to be what America does, and it almost always works out very badly for America and the American people. Trump needs to reckon with the cost of his catastrophic blunder in Iran. Over the weekend, we learned that the Pentagon has spent at least $45 billion on the war. Trump's war led diesel prices to hit another record high today at $6.52 a gallon. That means higher prices on everything that is transported by truck. Worst of all, Trump continues to try to cover up the human costs of this failed war. Anonymous Pentagon officials just revealed that the Trump administration has refused to disclose the deaths of at least 4 servicemembers bringing the sad total up to 22 at least. The administration's refusal to recognize these fallen servicemen ought to make everybody's skin crawl. I hope their families know how much we appreciate their loved ones' service and sacrifice. This week, Senate Democrats will force another vote on our War Powers Resolution to end this war and get our troops out of harm's way. Trump, stop bragging about the fake number of wars you have supposedly ended and end the real one right in front of you. Every Republican who votes against ending the war this week is choosing to pander to the President instead of protecting our troops and our country. I yield the floor.
The PRESIDING OFFICER
The Senator from Illinois.
Freedom of the Press (Executive Session)
Pages S4841–S4842 · Official textMr. President, if a person walks the Halls of the U.S. Capitol, there is a pretty good chance you will bump into a reporter. They are seemingly around every corner with their phones out ready to ask your opinion on a recent statement or the news of the day.
Those of us who serve in this Chamber have become used to their presence, and their many, many questions. While we may bristle when they press us, we know that these journalists serve an indispensable purpose; they shine a light on the Senate, and they keep the American people informed about their government.
The work these reporters perform is a great service to our Nation, one that deserves our thanks. Yet, you won't hear that kind of gratitude coming out of the Trump White House.
Since President Trump returned to the Oval Office, he has done more to undermine, belittle, and attack the free press in America than any President in modern history.
Last year, after the Associated Press refused to use the President's invented name for the Gulf of Mexico, the President barred the organization from access to the Oval Office and to Air Force One.
At the same time, he launched an unprecedented number of baseless defamation lawsuits against respected news outlets for their factual reporting on his failed businesses, his relationship with Jeffrey Epstein, and his role in the January 6, 2021, insurrection right here in this Capitol.
On Friday, President Trump took his war against the press to new depths and banned CNN, MS NOW, and POLITICO reporters from the White House grounds because of his personal disagreements with their coverage.
No President in the history of the United States has ever stooped this low.
This Trump decision has no modern precedent. A credentialed media outlet has never been banned from the entirety of the White House. This ban is unconstitutional retaliation for actual reporting. It is something you would expect to read about in the communist Russia days with Pravda and Izvestia or perhaps in North Korea, but not in the United States.
This assault on the press is a dangerous effort by the President to distract American public opinion away from his failed agenda, his endless Iranian war, and his self-defeating tariffs.
Trump has broken countless promises made during his campaign for President. Chastising CNN won't lower the price of diesel fuel; punishing POLITICO won't end the Iranian war; and maligning MS NOW won't save the President's free-falling approval ratings.
Yet, the President seems determined to double down on his assault on the First Amendment. Yesterday, the White House announced the creation of Trump TV, a news channel designed to spread propaganda from the Trump White House.
I would have thought the creation of a state-run media platform to serve as the President's megaphone would have generated some sort of response, some sort of outcry from my Republican colleagues who condemn communism and authoritarianism, but they are afraid to say a word lest this press operation and President Trump turn on them.
I urge all my colleagues to speak out against this ban and the President's continued assault on the free press. The future of our democracy demands us standing up for the Constitution, even if the President won't.
China (Executive Session)
Page S4842 · Official textMr. President, tomorrow Chinese President Xi Jinping will visit Washington and meet with President Trump. The meeting between the leaders of our two countries is important and timely. Both nations have a great deal to discuss, including in areas of shared concern and disagreement. I met regularly with the Chinese Ambassador during my time in the Senate, and while we often--often--disagree, I welcome our continued engagements as constructive and helpful in avoiding conflict between the two great powers. Certainly, our nations have many areas of shared concern, including the dangers of AI research, North Korea's pursuit of nuclear weapons, climate change and energy supplies, global economic stability, and reduced tensions in and around the South Pacific. And we undoubtedly have points of continued disagreement on issues such as the future of Taiwan, Chinese harassment of allies, the war in Ukraine, economic espionage, and stemming fentanyl precursors from being exported by China, and of course, basic political freedoms and human rights. Earlier this year, the Senate unanimously passed a resolution I led with Senator Ted Cruz, a Republican from Texas, calling for the release of several notable political prisoners being held in China. Not long after, and with the assistance of President Trump, Pastor Ezra Jin was released after 266 days in a Chinese prison for the crime of operating a church. I had the pleasure of hosting Pastor Jin and his daughter Grace, who was tireless in her effort to plead her father's case. She came to the Capitol after his release for a moving discussion and meeting. The pastor reminded us that at least eight of his congregants remain in prison. I welcome President Xi's release of Pastor Jin and call on him to similarly release these remaining congregants, as well as the following mentioned in our Senate resolution. They are up here, four of them: Dr. Gulshan Abbas, Jimmy Lai, Gao Quanfu and his wife Pang Yu, and Ekpar Asat. They are all noted on this poster. President Trump has a chance to secure the release of these detainees, who have already suffered so much, and I hope he will separately make the request to Xi during his visit. Such a move by Xi would be a most welcome gesture, particularly since there is no reason to fear these people. They have done nothing but exercise peaceful freedom of religion and expression. And to those still detained and their heartbroken families, I want to remind them that they are not forgotten. Finally, today I received a letter from my colleague from Utah John Curtis, a Republican from Utah. He is from Provo. He is formerly the mayor. We have gone together on trips. Our families know one another, and I like John. Our politics notwithstanding, there are many things we agree on. He sent a letter raising a question as to whether there has been a violation of ethical standards at the highest level of our government. Now, John showed real courage in doing this. As a Republican, to say anything critical of the Trump administration is a risk. But he has been a brave man, and he is a man of principle. What he called on is for Chairman Chuck Grassley of Iowa and myself, as ranking Democratic member of the Senate Judiciary Committee, to have an investigation and a hearing of Donald Trump, Jr.'s recent wedding, where he received lavish gifts from a Russian oligarch close to Vladimir Putin. This sort of thing cannot be allowed to happen without some response from Congress, and Senator Curtis is right: The Senate Judiciary Committee is the place to start. I know some will argue that we only have a few months left in this year. But let me tell you something: We are not overworking ourselves during those few months. We have enough resources and staff and talent, on a bipartisan basis, to call Donald Trump, Jr., before the committee for a deposition to answer some basic questions about who paid for his wedding ceremony. Now, in fairness, Senator Curtis also asked the same of Hunter Biden. To be fair to Hunter Biden, who has already responded to say he is willing to appear wherever we wish, he has already been subject to a sworn deposition at length and has answered the questions that were propounded to him. But there has been no such effort made by the Trump family to explain the largess of gifts being given to members of his family, not to mention the $1.4 billion which he was given--the President was given--in income in his first year of the second term. These are legitimate questions about corruption. There was a time when both parties would agree that it was unacceptable for this to happen, regardless of whether the origin was Democrat or Republican. That still applies. Senator Curtis is right. I stand by his request of the Senate Judiciary Committee to respond to this request for deposition and investigation. We may not be able to finish it this year, but shame on us if we won't even consider the issue, as timely as it is. It is important that this Senate function to uphold the ethical standards of our government, and this is a classic example at the highest levels of our government. I yield the floor.
The PRESIDING OFFICER
The Senator from North Carolina.
Tribute to Colonel Robert Sucher (Executive Session)
Page S4842 · Official textMr. President, I rise today to recognize Col. Robert Sucher of the U.S. Marine Corps for his exemplary 30 years of faithful service to our Nation.
Many of my colleagues in the Chamber, including myself, have had the distinct privilege of working closely with Colonel Sucher over the past 2 years, during his tenure as the Director of the Marine Corps Senate Liaison Office.
I came to appreciate his steadfast leadership firsthand while he served as the commanding officer of Marine Barracks Washington, where I was deeply honored to be a guest of honor at one of their historic Tuesday sunset parades.
Throughout his time on Capitol Hill, Colonel Sucher and his dedicated team have consistently prioritized the relationship between the Marine Corps and the U.S. Senate. In this liaison role, Colonel Sucher enabled the successful execution of more than 50 international congressional delegations.
My team and I have had the privilege of traveling with him on several of these official trips, including most recently to Central and Eastern Europe. On these demanding missions, his foresight and leadership were constantly on display.
In addition to leading congressional delegations, Colonel Sucher distinguished himself through exceptional support to every Member of this body. He expertly managed inquiries and requests for information from nearly all 100 Senate offices, always providing timely and precise answers grounded in truth.
He has proven an indispensable asset to this body, consistently demonstrating exceptional problem-solving under pressure, outstanding communication skills, and a wealth of operational knowledge, representing both the Marine Corps and the Department of War.
He exemplifies the absolute professionalism we have come to expect from the U.S. Marines. Through his three decades of service, Colonel Sucher has proven to be an officer of the absolute highest caliber, and he is leaving the Marine Corps well positioned to continue its vital contributions to our national security.
My colleagues and I bid a fond farewell to Colonel Sucher. We extend our deepest gratitude to his wife Caroline and their sons Will--who, by the way, is a proud North Carolinian--and Drew for the immense sacrifices they have made in supporting their husband and father as he guarded our freedom.
To my friend Robb, we wish you fair winds and following seas in all of your future endeavors.
China (Executive Session)
Pages S4842–S4844 · Official textMr. President, this week, President Xi Jinping will visit the United States for bilateral meetings at a pivotal moment for United States-China relations. During his two terms in office, President Trump has been clear that under his leadership, the United States must engage with China given the reality of our economic relationship, but we can't forget that China is also a competitor and an adversary. The Chinese Communist Party's malign influence on the world stage is growing rapidly, and American citizens are paying the price. America's economy, our fundamental values, and our security--both at home and abroad--have been challenged by the CCP. I have long believed that a whole-of-government approach is necessary to address this, and I am grateful that President Donald Trump is at the helm for these crucial negotiations. China is our most consequential geopolitical competitor, and we cannot afford to ignore the CCP's ambitions to reorganize global order at the expense of the United States or to underestimate the CCP's growing and rapidly progressing hard and soft power influence around the world to execute this goal. When President Xi enters the White House later this week, I hope that discussions between our two nations include America's most fundamental values and responsibilities, including the protection of American citizens abroad and reiterating a zero tolerance for violating the God-given right to religious freedom. Let me be clear, there is no excuse for the CCP to unjustly target American citizens abroad or their families, harass religious groups, or carry out a broad-sweeping war on faith in China. To this day, eight leaders of Zion Church remain behind bars in China because of China's attack on religious freedom. These detainments are egregious, and they can't be ignored. China's persecution of Christians and other religious groups must also not go unaddressed. And that is why, during my time in the Senate, I have sought to implement strict sanctions on any CCP official who is responsible for or directly carries out violations of religious freedom. Under President Trump's leadership, we have already proven to China that the United States has zero tolerance for religious persecution, and we have seen some notable results. At the United States-China summit this past May, President Trump personally raised the case of Zion Church pastor Ezra Jin with President Xi, and 2 months later, Pastor Jin was released and returned here to U.S. soil, where he was reunited with his family after years of unjust detention. Now, while we are deeply grateful for Pastor Jin's return, we must never stop fighting to bring home the numerous pastors still unjustly detained and to defend the freedom to worship around the world. China's pattern of wrongfully detaining Americans or relatives of American citizens is not solely limited to religious crackdowns. I also want to highlight the bipartisan effort of Senator Markey and I have taken to bring home both Dr. Youlin Chen and Mr. Min Zin, American academics who are currently being held in brutal and inhumane conditions. I am grateful for this body's bicameral, bipartisan support in condemning the People's Republic of China's repeated pattern of arbitrary or wrongful detention of U.S. citizens. Here at home, China's influence and key role in the illicit drug supply chain have resulted in the loss of far too many American lives and the destruction of families and stolen livelihoods. I have met with far too many families changed forever by the impacts of the drug epidemic. Through buying up American farmland, malign actors have brought the production of dangerous hemp-derived products into our communities, and our children are paying the price. And by partnering with transnational criminal organizations, Chinese-connected companies have intentionally made highly addictive, intoxicating substances--like fentanyl or illicit vapes--readily accessible to Americans. But make no mistake, China is aware of the consequences of its actions, and that is why Beijing has no problem extending law enforcement and counternarcotics cooperation to other nations to mitigate these outcomes. But China products are still flooding American markets in what looks more and more like a reverse opium war, and it needs to end. Just last week, the Trump administration listed the PRC as 1 of 23 major drug-transit and producing countries. And we have rightfully planted the flag, and we must now demand action to dismantle this criminal enterprise that is preying on American people. Ahead of his meetings, President Trump is right to raise this issue directly with President Xi. The American people cannot be blind to China's efforts to threaten our national security, especially since the PRC's growing economic and strategic relationship with adversaries like Russia, Iran, and North Korea have had sweeping consequences. Earlier this year, at the United States-China summit in Beijing, President Trump and President Xi agreed that Iran can never possess a nuclear weapon, and the Strait of Hormuz must remain open for the free flow of global energy. But if Beijing wants to maintain a productive relationship with Washington, it must recognize the consequences of continuing to partner with adversarial nations that fundamentally defy U.S. interests on the world stage. Recent reports suggest that China provided Iran with intelligence, including satellite imagery that led to the death of three American servicemembers. A PRC state-owned firm has reportedly supplied Russia with materials for kamikaze drones, violating sanctions. The PRC has reportedly supplied Iran with air defense equipment, among other goods, bypassing more sanctions. This behavior cannot continue. America's national security must remain at the center of every discussion shaping the future of United States-China relations, including the race to develop technologies that will define this next century. We are in a race with China to develop the next generation of advanced manufacturing technology, quantum computing, space travel, and satellite technology and--perhaps most consequentially--artificial intelligence. China's cyber threats to the U.S. Government have been well documented and damaging to our government and private sector even before the rise of artificial intelligence. The AI race is not simply about who builds the most powerful model, it is about who is going to set the standards and safeguards and norms that will govern one of the most consequential technologies of our time. Beijing's national AI strategy calls for China to reach world-leading levels in artificial intelligence by 2030 and surpass the United States, and that reality should alarm all of us--especially given that these models are being developed with fundamentally different political systems. China is developing and deploying AI within its authoritarian system that employs censorship and state surveillance. In dramatic contrast, our models are being developed under constitutional principles that promote free speech, value individualism, and encourage private enterprise. As the Senator from North Carolina, a State with a growing tech industry, thriving pharmaceutical manufacturing, a pivotal financial sector, and a critical agricultural industry, my State represents many of the successes that the PRC aspires to. Failure to maintain American dominance in these industries threatens to leave our nation vulnerable and decimate the economic growth and development that has benefited North Carolina and many others. I rise today to urge this body and our entire Federal Government to engage with China with their eyes wide open and without compromising our values, our security, or our strategic national interests, not because we expect our differences to just disappear but because those differences are too consequential to ignore. We must continue to invest strategically in our national defense and prioritize AI engineering that also promotes safety. And as a nation, the United States is the most uniquely positioned to hold China accountable for exporting deadly drugs, evading sanctions in support of Iran and Russia, and for waging war on religion. So in that vein, Congress cannot rest in its vigilance to contain the China threat. I yield the floor.
The PRESIDING OFFICER
The Senator from Mississippi.
Mr. President, Chinese President Xi Jinping arrives in town tomorrow for a highly anticipated state visit. Quite frankly, had the White House asked me for advice, I would have suggested the President not invite Xi Jinping to Washington for such a lavish welcome here in the United States of America based on all of the troubling issues we have with President Xi and the Chinese Communist Party. But in light of the fact that the Chinese Communist President is coming to the United States, I want to take a moment to suggest a list of topics that the President might mention during the summit.
As we know, a proper state visit requires a proper state dinner. Again, I would not have scheduled such a thing. But as guests converse over the meal, the President might inquire about the purposes of China's massive military buildup or about China's clear support for Iran.
This summer, it was all over the press that China gave Iran satellite imagery intelligence, and that intelligence led to the death of American troops. So I would certainly suggest that the President try to get an answer to that.
While President Trump and President Xi are talking, perhaps Mr. Trump could bring up the Uighur people. For nearly a decade, Xi Jinping has consigned more than a million Uighurs to concentration camps in China's Xinjiang region. I hope our President will take this visit as an opportunity to advocate for the Uighur people. The fact that they remain in prison by the millions is a grave injustice and a reminder of Xi Jinping's many human rights abuses.
Then, after asking about the Uighur people, the President should mention China's persecution of all manner of religious groups, to include Tibetan Buddhists, Christians, and those practicing Falun Gong. In July, President Trump successfully advocated for the release of Pastor Ezra Jin. Why not suggest releasing all imprisoned Christians and allowing all people of whatever faith to worship freely?
Then President Trump might ask why China openly coerces Japan, Taiwan, and the Philippines. The Chinese dictator works hard to intimidate America's allies in the East China Sea, the Taiwan Strait, and the Second Thomas Shoal. China also bullies, jails, and otherwise silences dissidents.
When meeting with Xi in May, President Trump advocated for Jimmy Lai, the Hong Kong newspaper publisher Xi has kept locked up in solitary confinement. Why has Mr. Lai been locked up? His crime was speaking freely in Hong Kong. I hope Mr. Trump will again ask for the release of the frail, elderly Mr. Lai and all those imprisoned by the Chinese Communist Party in Hong Kong and elsewhere.
Perhaps over the salad course of the dinner, our President could ask Xi Jinping about the Chinese navy's harassment of Filipino fishermen and sailors and about China's abuse of its neighbors. Perhaps he could ask Mr. Xi why he invents military disputes and then resolves them by military force--or attempts to resolve them.
Then I hope the President will inquire about Xi Jinping's interference in the internal affairs of nations around the world. Perhaps he could bring up Chinese exploitation of African countries and Latin American nations with debt-trap diplomacy and election meddling.
While the servers are switching from chardonnay to cabernet at the fancy state dinner, perhaps the President could turn to Xi's so-called reunification of China with Taiwan, his wish that Taiwan become a part of mainland China. In the strong Chinese leader's view of the future, should the freely elected Government of Taiwan expect the same treatment that the people of Hong Kong have experienced--the loss of their freedom that the world has seen over the past three decades since reunification with Hong Kong.
I know the President intends to discuss trade and artificial intelligence with the Chinese leadership--and rightfully so. Perhaps some progress will be made.
But, Mr. President, during every minute of dialogue, our Commander in Chief should keep in mind that his guest is a brutal, unelected, and oppressive dictator who seeks to dominate his neighbors and whose massive military arsenal is aimed directly at the United States of America.
I yield the floor.
The PRESIDING OFFICER
The Senator from Washington.
Trump Administration (Executive Session)
Pages S4844–S4846 · Official textMr. President, as President Trump himself has admitted--his quote--"I am not so careful with what I say" and "Americans' financial situation? I don't think about anybody." No kidding. We noticed.
When it comes to the economy, President Trump's statements could not be more divorced from reality, let alone the experience of everyday Americans. Yes, in a shock to no one, the billionaire who gets advice from a trillionaire is way out of touch today with everyday people.
Trump said last year that he never even knew the word "affordability" until recently.
He said that "tariffs"--the taxes he raised on working families--is his "favorite word."
Trump said that we can't afford childcare.
He said, "No one . . . [cares] about affordable housing."
He said, "Health care . . . [is] not of tremendous interest."
Get a load of this: Trump said that he loves inflation and that $4 for a gallon of gas is "okay" and that "when oil prices go up, we make a lot of money." Well, that may be true for his buddies--the billionaires and the oil robber barons--but it sure is not true for working families.
Of course, I know it is hard to keep track of all of Trump's wackadoodle claims about the economy, especially with the constant stream of new nonsense spewing out of this President's brain, so today, I want to take a trip down memory lane and discuss what I consider Trump's craziest quotes about the economy and working families.
It is no secret that Americans are fed up with inflation--at least all Americans except for one.
President Trump said:
Text printed in the Record (85 characters)
I love it. The numbers were great. You know what I really love? I love the inflation.
Do my Republican colleagues agree? Do they love inflation? Because I will say they have not lifted a finger to help us stop the Trump policies driving inflation through the roof. Republicans have not helped rein in Trump's absurd trade wars. Republicans have not stood up against Trump's war with Iran. They have not helped reject Trump's cuts to programs that lower energy costs. They did not stop the MAGA healthcare hike that caused insurance premiums to skyrocket.
I know Trump is out of touch with everyday Americans when he says he loves inflation. I know it because I hear directly from people back in Washington State about this all the time. But what about Republicans here in Congress? They may not be as blunt about it as Trump, but their actions--or, rather, their inaction to lower prices--speak pretty darn loudly.
If you are not a billionaire like Trump, you are probably very familiar with groceries and the fact that costs have been going up, up, and up. If you are Trump, well, then you are saying things like this: It is a "very simple word, groceries. Like almost--you know, who uses the word?" or "It's such an old-fashioned term, but a beautiful term. Groceries. It sort of says a bag with different things in it."
For most of us, the grocery trip is a weekly errand, it is everyday life, but the way Trump talks about groceries, he may as well be from another planet. It is very clear that Trump has no idea what it is like to clip coupons for discounts on milk and bread. He does not know what it is like to compare cereal boxes to see what size has the best value or to check the clearance aisle in hopes of finding a deal. And I would bet my bottom dollar that he has never in his life bought the generic brand to save a few bucks. He probably doesn't even know they exist.
Groceries may seem old-fashioned to Trump, but for everyone else, whether or not we can afford groceries is the difference between being able to put a healthy dinner on the table, scraping by on the cheapest junk, or just going hungry.
Now, if you were wondering why President Trump doesn't seem to care at all about rising prices, well, it may just be that a billionaire like Trump literally doesn't understand the idea of struggling to pay for something. The word "affordability" is practically a new concept for him. He doesn't believe in it. He thinks it was made up.
In his own words:
Text printed in the Record (84 characters)
First time I heard it was a word, you know, made up by the Democrats: affordability.
He said:
Text printed in the Record (104 characters)
Affordability is a Democrat scam.
They made up a phony word that they used. They said, "affordability."
And he said:
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Look, affordability is a hoax.
A scam? A hoax? A phony, made-up word? That is what Trump thinks affordability is, but for families across this country today, affordability is a very real problem, one that they are having to deal with every single day and one that is being made worse by this President's own policies.
In case anybody thinks Trump doesn't have any solutions on affordability, don't forget this little pearl of wisdom from Trump:
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I don't think that a beautiful baby girl needs to have 30 dolls. I think they can have three dolls or four dolls. . . . They don't need to have 250 pencils. They can have five.
Seriously?
I talk to moms and dads all the time who are struggling to get by and to families who are already stretching their budgets and pinching their pennies. People are not struggling because they are blowing their savings on dolls. The problem is not their pencil budget. Good Lord! It is everything. It is their healthcare costs, which Trump has sent higher. It is childcare, which is out of control. It is goods across the border, which are up due to Trump's insane trade wars. It is gas, which Trump launched to new heights with his Iran war. Trump just does not get it. He has no idea what Americans are going through.
Trump has already told us that he views "groceries" as an old-fashioned word. He has already said he thinks the word "affordability" is made up. But what has he said about tariffs? You almost have to hear it to believe it.
Trump said:
Text printed in the Record (74 characters)
I always say "tariffs" is the most beautiful word to me in the dictionary.
Now, as a reminder, since Republicans keep trying to put their heads in the sand on this, tariffs are taxes. Our Republican President is saying his favorite thing is a tax increase. Reagan must be spinning in his grave.
And not only are tariffs taxes, they are taxes that hurt working families especially hard. We have seen that time after time. Trump's tariffs have rocketed grocery prices through the roof. Trump's tariffs have made baby items--strollers, car seats, toys--more expensive. Trump's tariffs have put a strain on back-to-school shopping. They have squeezed our local coffee shops. And Trump's favorite word is crushing small businesses too. I have talked to local restaurants and sporting goods stores and farmers and a lot more. They are all facing serious hardship because of Trump's tariffs. They are losing customers for produce that they ship abroad. They are having to raise prices in their stores. They are having to pay their employees less and let people go or even shut their doors entirely--all because Trump chose to pursue some of the biggest tax hikes in American history while Republicans cheered him on.
Let's not forget Trump is also totally out of touch on healthcare. As Trump put it, "I've found health care sort of like . . . not of tremendous interest." That explains why he has done absolutely nothing to lower healthcare costs. Worse than that, Trump and Republicans passed the largest cut to healthcare in our Nation's history and then stood by and cheered as patients faced some of the largest healthcare price hikes in history.
In their "Big Ugly Bill," Republicans gutted Medicaid with changes that are, right now, kicking families off their healthcare coverage. And while Trump and Republicans are plenty interested in tax cuts for billionaires and while they will bend over backward to help keep the private jets fueled, they did not lift a finger to save families from exploding insurance premiums. They stood by as tax credits for working families expired and as people saw their monthly premiums double, triple, or even worse. We know millions of people lost their coverage because of Trump and Republicans. And don't forget: Trump put tariffs on pharmaceuticals--of all things.
Maybe a billionaire like Trump does not find healthcare interesting because Trump has never had to ration his prescription and hope it would be OK, and he has never had to delay a needed checkup until the next paycheck. He has never debated whether to go to urgent care or not because he was worried about the bill or wondered how on Earth he could afford a lifesaving cancer treatment.
But that is the reality millions of patients face every day, and they deserve leaders here in Washington who are interested in the challenges they face and who are focused on solutions so that everyone can get the care they need without worrying about the cost.
I, of course, have to talk about childcare. I got into politics fighting for childcare, and it is something I push hard on every day. So I was floored when I heard Trump say:
Text printed in the Record (214 characters)
The United States can't take care of day care. That has to be up to a state. We can't take care of day care. . . . It's not possible for us to take care of day care, Medicaid, Medicare, all these individual things.
Talk about out of touch. That is exactly backward. We have a childcare crisis in this country. It is holding our country back.
A billionaire like Trump may not understand that working parents are the backbone of this economy, and if Mom and Dad cannot find childcare, then Mom and Dad can't go to work. That is a big problem for parents who are trying to make ends meet and for small businesses that are trying to find workers.
Trump says we can't afford childcare. The truth is, we cannot afford to ignore childcare.
One of the most outrageous things Trump has said about the economy was something he actually said behind closed doors.
According to Punchbowl News earlier this year, Trump told Republican leaders:
Text printed in the Record (37 characters)
No one gives a [bleep] about housing.
How ridiculous. We have an enormous housing shortage in this country, especially when it comes to affordable housing. The rising costs from Trump's tariffs and the Iran war have made it harder for people to make rent. And because Trump has done so much damage to the economy, Federal interest rates are on the rise, meaning mortgage rates are going higher and higher, and millions of families are watching as Trump pulls the rug out from under them--putting their dream of owning a home further and further out of reach, but Trump doesn't care.
Worse than that, Trump sees high housing costs as a good thing.
He literally said:
Text printed in the Record (77 characters)
I don't want to drive housing prices down. I want to drive housing prices up.
Spoken like a true slumlord.
And let's not forget that while Trump doesn't know words like "affordability" and "groceries" and loves inflation and tariffs and while he doesn't care about healthcare or housing and doesn't think we need money for childcare, there is one issue Trump is ready to throw trillions of dollars at--war. He started a pointless war with Iran, with no plan and no concern for how it would explode gas prices. Even now, he is saying $4 gas is OK.
He doubled down recently and said:
Text printed in the Record (151 characters)
You have a higher gas--it's a very inexpensive price to pay for what we've done. Remember that. It's a little more. Frankly, even if it was a lot more.
Meanwhile, he has put forward a completely war-bloated budget calling for $1.5 trillion for war spending. That is "trillion" with a "t." We are talking about 12 zeroes here.
I know what you are thinking. It is the same thing most Americans are thinking. We cannot afford another forever war. We have investments right here that we need to be making: childcare, healthcare, energy, roads, housing, and more. But Trump, who once promised no more forever wars, has actually done a complete 180. Not only did he launch a new war, he wrote online about his belief that "wars can be fought forever and very successfully."
So, to recap, Trump thinks wars can be fought forever, but we can't afford childcare at all. He wants to spend trillions on bombs and weapons but doesn't care about housing and healthcare. It simply does not get more wrong or out of touch than that.
There are so many insane things Trump has said about the economy, but a lot of it comes down to one basic fact: He is in complete denial. Maybe it is because he has let AI videos melt his brain. Maybe it is because he is a hopelessly out-of-touch billionaire. Maybe it is just because he is exactly what he has always been--a liar.
They say the first step is admitting you have a problem. When it comes to the economy, Trump cannot even do that. Despite the painful inflation, despite the sluggish job growth, despite the red flashing lights like rising bond rates and slowing GDP growth and plummeting consumer confidence--despite all of that--when Trump was asked to give himself a grade on the economy, he gave himself an "A-plus . . . A-plus-plus-plus-plus-plus."
A plus? That is more like BS.
Maybe the high prices and chaos are working great for corrupt billionaires like Trump. After all, he has made more stock trades as President than all of Congress combined; he is raking in billions through crypto scams; and his family is cashing in through highly conflicted foreign business deals.
However, Trump's rigged economy is not working for working families, but here is the thing: We live in a democracy. At the end of the day, Trump's final grade on the economy won't come from himself. The American people--the ones who are paying the price of Trump's tariffs, the ones who are paying the price of his war with Iran, the moms and dads who are struggling to find childcare, the patients who are struggling to find healthcare, the families who are struggling to pay rent--they are the ones who will pass final judgment later on this year on Trump's economy.
I have no doubt that, in the meantime, Trump will continue making out-of-touch statements and bizarre AI videos.
But here is a reminder to all of my colleagues who are afraid to stand up to this President: Even if Trump has lost touch with reality, he is going to have to face all of that this fall.
I yield the floor.
The PRESIDING OFFICER
The majority whip.
Order of Procedure (Executive Session)
Page S4846 · Official textMr. President, I ask unanimous consent that notwithstanding rule XXII, if cloture is invoked on Executive Calendar No. 828, all postcloture time be expired and the Senate vote on confirmation of the nomination at a time to be determined by the majority leader, in consultation with the Democrat leader, no later than Friday, September 25; further, that the mandatory quorum call with respect to the cloture motion on the substitute amendment No. 6776 be waived; and if cloture is invoked, that all time during recess, adjournment, morning business, and leader remarks count postcloture on the amendment.
The PRESIDING OFFICER
Is there an objection?
Without objection, it is so ordered.
Waiving Quorum Call (Executive Session)
Page S4846 · Official textMr. President, I ask unanimous consent to waive the mandatory quorum call with respect to the Colmenero nomination.
The PRESIDING OFFICER
Without objection, it is so ordered.
I yield the floor.
The PRESIDING OFFICER
The Senator from Alabama.
Transgender Violence (Executive Session)
Pages S4846–S4848 · Official textMr. President, I come to the floor today to talk about the rise in violence coming from people whom the left refers to as "transgender."
I have come to the floor many times in the last 6 years to talk about the issue of men competing in women's sports. While this is a very serious issue and one that I have fought hard against every day since I have been in the Senate, I think it is time we have a broader conversation about the serious gender confusion-mental illness that is taking over this country.
I am not going to use the left's preferred terminology of "transgender" because it implies that it is possible for a person to change their God-given sex, which it is not.
Here is the truth: From the beginning of time of humans on this Earth, there have been two genders--male and female. So I will call these people what they are--gender-confused. Unfortunately, this gender-confused mental illness is on the rise in our society today, and it is very, very concerning.
You know, for decades, the radical left--Democrat socialists--have ignored science and brainwashed our young people into believing that you can change your gender by changing your clothes; by getting on some hormone-altering medications; or, God forbid, by undergoing some crazy surgery.
You know it is ironic that the same people who worshipped Anthony Fauci and lived by the motto of "follow the science" during the COVID-19 epidemic are the same ones today who are now ignoring the science when it comes to the horrific, life-altering consequences of hormone therapy and so-called gender-affirming care on young kids.
These mentally ill, woke liberals think that if you were born a man, you can go under the knife and be magically transformed into a woman; and if you were born a woman, you can somehow be turned into a man. You know, these people will look you straight in the face--and they have since I have been here--and tell you that men can have babies.
It is pure insanity what is going on in this country. I heard from one of the members of my staff recently who is pregnant, and she was asked by her OB/GYN what her gender is. Have we lost our mind? Obviously, if you are pregnant, you are a woman. But this is where the woke mind virus has taken our society.
It hasn't always been this way. For thousands of years, society accepted that there were two genders and you can't magically switch between the two. But over the past several decades, the Democrat socialists have been orchestrating a plan--a plan--to destroy this country by slowly chipping away at Christian values that have made this country great.
I want to be clear about this gender confusion. It is not normal. It is a cry for help, and our society needs to stop affirming people who are suffering from this mental illness.
You know, for years, the gender-confused have been told that they will finally be happy if they get treatment that will help them transition to the opposite sex. For years, our healthcare system has taken advantage of their mental illness, getting people to pay tens of thousands of dollars for expensive medications and irreversible surgeries, all while lying about the negative side effects sex change surgeries and medications have on their patients' physical and mental health forever--not just short time, but forever.
For example, doctors often tell young people who are gender confused about the fact that these life-altering procedures leave them sterile and unable to experience any form of intimacy in the long term. They fail to tell them that.
And in some cases, doctors don't even tell parents that their underage kid is going and undergoing these dangerous procedures, and they go behind the parents' backs. How crazy is that? It is the highest form of medical malpractice. Every single one of these doctors should have their medical licenses revoked and should spend the rest of their lives in prison.
Not to mention the fact that, many times, gender-confused people go through these surgeries and hormonal treatments and end up, in the long run, they regret it.
So I have heard from young women like Chloe Cole who was gender confused in her teenage years and underwent a double mastectomy at age 15, only to be filled with regret for years later after she got help and came to some of her senses about who she really was. But she will have to deal with this physical consequence of her actions at age 15 for the rest of her life. It is heartbreaking.
It is so tragic that we are normalizing child sex change mutilation; it is tragic. So here in DC, it is common to see parents plagued with the woke mind virus forcing their young children to transition into the opposite sex. These kids are so young and unaware that they don't understand what is happening, so the long-term consequence of their actions are horrific. This is child abuse and unacceptable.
We are doing no favors to anybody by tiptoeing through this issue, and that is the reason I am here today. It is past time that we have national conversations about this serious mental health crisis that is causing this widespread gender confusion.
In 2024, it was found that more than 300,000 teenagers ages 13 to 17 struggled with their gender confusion--300,000.
Gender-confused people have one of the highest suicide rates among mental illness--the highest. Data shows that roughly 61 percent of gender-confused students have thought about suicide; 30 percent have attempted suicide. That is significantly higher than the general population. Gender confusion is an extremely serious mental problem that our society better start addressing.
Unfortunately, these gender-confused individuals aren't just harming themselves, they are also turning into violent people and hurting other people.
In 2022, a study found that youth who identify as gender confused are at the highest risk of becoming violently radicalized. You don't have to look long to see disturbing examples across our country. A recent case that comes to mind is the alleged assassin of my friend Charlie Kirk. His name is Tyler Robinson. The investigation into Tyler Robinson revealed that he was living with a man, his lover, who is gender confused and was going by the pronounces of "her" or "she."
Tyler himself was involved in transgender furry culture--furry culture, a bizarre subset of transgenderism where people are sexually attracted and frequently dressed up as animals.
It is no wonder this lunatic went after Charlie Kirk.
Charlie spent his career going from college campus to college campus trying to reach students who were indoctrinated by radical-left ideology with the truth. Charlie often spoke about his faith and advocated for traditional marriage and a growing family, while denouncing the woke mind virus, specifically the idea that you can change your gender.
It was common for Charlie to oppose gender confusion during these debates, but he did it in a respectable way. And I recently saw a video of Charlie Kirk interacting with a gender-confused person during one of his campus tours. The person who was a female told Charlie she is a transgender male and asked Charlie: I need some advice. I need some advice on this subject.
I am sure she was expecting a very different response than what she got. Charlie looked at this young woman and said: I encourage you to work on what is going on in your brain. My prayer for you is that I want you to feel comfortable in a way that you were born. I think that, with the right team and the right people, you don't have to wage war on your own body. You can learn to love yourself and your body.
His response was so filled with compassion for this young woman that everybody was moved to tears.
Charlie was exactly right. We don't need to enable these people who are clearly struggling with gender confusion, but we need to encourage--we need to encourage them--to get help for what is clearly a very serious mental health problem.
He never became violent toward college students--Charlie didn't--who disagreed with him, and he never told them that they were worthless for what they believed. He sympathized with them. His goal was simply to have a debate with these people hoping the truth would be revealed to them.
And yet a gender-confused person assassinated him for what he believed.
In fact, the bullets found on the scene that had DNA evidence matching Tyler Robinson had various engravings on them that are associated with the transgender culture.
After the assassination of Charlie Kirk, gender-confused people celebrated--celebrated--his death. Now, what would cause people to celebrate the death of a father, a husband, and beloved public figure who positively impacted the lives of millions of people? Two words: mental illness.
That is not the only story of a gender-confused person committing violence against others. Thomas Crooks, the lunatic who shot President Trump in Butler, PA, in July of 2024 was also involved in online transgender furry culture, and, apparently, they used "they" and "them" pronouns.
While there are still a lot of questions surrounding what happened that day in Butler, we do know that this young man seemed to be at least somewhat involved in the gender-confused cult.
In 2023, a gender-confused shooter walked into a Christian school in Nashville, TN, killing three 9-year-olds and three adults in a Christian school. This person, a woman, identified as a man and wrote in her diary that this female gender role makes me not want to exist. The level of mental anguish she was going through apparently led her to take her anger out on innocent kids.
In 2019, a different gender-confused high school student walked into his high school and killed a fellow student and injured eight others. His reason for committing this heinous act was because no one was willing to pretend with him that he was a woman. They refused to do it.
He was, in fact, a man.
And earlier this year, a gender-confused father opened fire at his family during a high school hockey game. This gender-confused man killed his wife and his son and then took his own life. Reports indicate that this man had prior family disputes over his insistence that he was a woman and not a man. Like any normal family, they rejected the notion that he could magically and unscientifically turn himself into a woman. Because his family told the truth, he decided to kill them and himself.
Additionally, a video game was created a few years ago that features a gender-confused hero who shoots people, including priests, who refuse to go along with the gender-confused mental illness. The video game allows people to "unleash pent-up fury upon gender-critical tyrants with an arsenal of deadly weapons."
This is absolutely sickening. It is clear that this gender confusion is a mental illness plaguing our society, and there is significant overlap between people who are gender confused and the furry community. Research shows that 25 percent of the furries are gender confused.
And it is more evidence of our society going to heck in a handbasket when we have stuff like this going on.
What is more concerning is that this mentally unwell furry community that touts the fact that many--listen to this--that many airline pilots, flight attendants, and air traffic controllers are part of the furry community.
Lord help us. It is terrifying when you think about this. When you walk onto a commercial flight, it is possible that the pilot flying your plane could have a deranged fetish of dressing up like an animal.
You can't make this up. It is in the best interest of our country to bring back mental institutions as a normal part of our society instead of sweeping it under the rug. Otherwise, we are just sitting ducks until the next gender-confused person decides to show up at our churches, or our schools, and start committing acts of violence. It is coming.
So why is the Democrat socialist party elevating these people who are clearly mentally deranged?
Why is that happening? You know, Joe Biden had multiple gender-confused people working in high-profile jobs in his administration. A lot of people didn't know that. He had gender-confused people serving in the Department of Health and Human Services, Department of War, and the Department of Energy. His actual Assistant Secretary of Health--Secretary of Health--was a gender-confused individual.
And are those really the type of people we are supposed to trust in everyday life? But this is all part, unfortunately, of the Democrat socialist plans. They want to destroy every scientific fact and get rid of the absolute truth in this country. They don't want you looking to God and the Bible for what is morally good or morally right. Instead, they want you looking to them for what is right or wrong.
This is all about control, folks. That is what it is. That is why, for decades now, the Democrats have tried to destroy every morally good institution for their benefit. They have taken over our education system to brainwash our children with this woke mind virus.
For decades, they have helped erode the sacred institution of marriage, telling people that marriage is a relic of the past or raising a family is not worth it.
The Democrat socialist alternative is to make you think that you can identify as whatever you want and society should accept it. Because of this lie, we are seeing the younger generation that is growing up now plagued with mental illness.
The left loves to preach to all of us about kindness and tolerance, but it is not kind to affirm the delusions of someone who is clearly struggling with mental illness.
In fact, the kind thing to do is to sincerely encourage them to get help before they harm themselves and others.
We must put a stop to gender confusion before more innocent people lose their lives.
I yield the floor.
The PRESIDING OFFICER
The Senator from Arizona.
Artificial Intelligence (Executive Session)
Page S4848 · Official textMr. President, I happen to be the last person to sit in the commander's seat of Space Shuttle Endeavour. It is hard to describe how it feels to be strapped to 4\1/2\ million pounds of fuel, waiting for three main engines and two solid rocket boosters to ignite underneath you.
It gives you clarity because flying that thing--it is not one dangerous moment. It is continuous. There is always a catastrophic failure lurking around every corner.
And when things go sideways on you and you are troubleshooting a cooling issue while managing an electrical failure, while mission control is telling you something that contradicts your instruments, it requires that you are keenly aware of what is happening.
You figure out how to separate the signal from the noise. So you pay attention to the data, and you do your very best to understand what is happening with a very complicated machine. You ignore the noise, you evaluate the numbers, and you work the problem. And you listen when the alarms are telling you something isn't right.
These last few weeks--as engineers, researchers, and CEOs have all been shouting about AI becoming a threat to humanity's very survival--I feel like I am back in that seat with the master alarm blaring and systems failing. And nobody is steering the ship.
While the people inside the industry discuss catastrophic damage and the chance that AI "will kill us all by the end of the decade," the White House is actively lobbying against regulation. Our President calls Americans' fears a "hoax" and a "SICK conspiracy." He says that we don't need new guardrails, and Speaker Johnson says that Congress isn't qualified to make them. Instead, he wants a summit--someday--but, in the meantime, we will revisit it after a 7-week recess.
When the master alarm is flashing, you don't write a strongly worded letter. You don't form a committee. You definitely don't leave your post for a 7-week vacation. And you don't make some ridiculous comment, like what the President did, that we will have a--I think he said a little "gear" that will fix everything.
What does that even mean?
So here is what you do: You act. You step up, and you be the leader that the crew needs. You make smart decisions based on real data.
I am not saying this isn't complicated. The United States has been--and has to be--at the forefront of technology, as we have been for generations. AI is important to our national security, and it is important to a thriving economy, and we need to find a path forward that protects Americans and our national interests.
I am also not saying we abandon innovation. AI could unlock benefits for the American people, from curing diseases to solving big engineering problems that unlock new industries and new jobs.
But we can't expect corporations to help us out of the goodness of their hearts. That is why I am introducing the Make AI Work for Americans Act, to make sure workers aren't left behind and that Big Tech pays their fair share.
These companies are getting rich off of a technology trained on the wealth of humanity's research, knowledge, and work--our ideas and discoveries.
My bill would require them to give some of that wealth back to us by investing in the American worker through an AI Horizon Fund. The fund would use the money we make from holding the tech industry accountable and invest it in training workers, paid service-to-career opportunities, and support for those whose jobs just disappear.
It will ensure Americans are prepared and have a choice about what their future looks like--and what it looks like in the next generation of the economy.
We don't have to choose between leading on innovation and protecting workers. We can do both.
That doesn't mean it will be easy. Our country is polarized. Those of us in the Senate don't agree on a lot of things, just like the Americans we represent have different perspectives and positions. But they agree on this: 80 percent of Americans want us to step in and regulate AI--80 percent.
I hear it from Arizonans every day. They are worried. They wake up wondering if today is the day their job just gets automated away, wondering if their kids are going to have careers in the future--or have a future at all.
Americans across the spectrum want us to step in--Republicans, Democrats, Independents, all of them. The tech industry itself, communities worried about data centers, families who just want to be able to sleep at night--all of those groups would like regulation.
It seems that the only people who don't want guardrails happen to be working in the White House.
So what is the holdup?
A lot of folks seem to have forgotten what Congress is for. They seem to have lost faith that we can do hard things.
Well, let me remind you: When our financial system was collapsing in 1933 and F.D.R. asked for help, Congress passed the Emergency Banking Relief Act, and it did it in 1 day.
The International Atomic Energy Agency, or the IAEA--the U.N. body that helps prevent the spread of nuclear weapons--was started right here in the United States, made possible by Congress.
The Civil Rights Act, which reversed decades of racial disenfranchisement, was passed in just a few months, once Congress finally began listening to those fighting for justice.
It is not a question of if we have the power to do big and hard things. It is if we have the courage.
So to those in Washington who think Congress can't or shouldn't take on this problem, let me ask you: Why are you here?
This is the job. We weren't elected to just raise money or to trade stocks or to rubberstamp a President's agenda. We were elected to make people's lives better, and that is what leaders do.
If we act now on AI, we can avoid a catastrophe and shape a future with more opportunity, with more security, with more of the things we want and need.
The alarms are sounding. The signals are clear. And nobody else is coming to the rescue. It has to be us.
So let's be the leaders that this country elected. Let's get this done now. And as we say in the U.S. Navy, don't give up the ship.
I yield the floor.
The PRESIDING OFFICER
The Senator from Washington.
Protect College Sports Act (Executive Session)
Pages S4848–S4849 · Official textMr. President, I come to the floor because we are going to be voting shortly on two things this afternoon: one on a judicial nominee and, second, on cloture on the underlying substitute of the Protect College Sports Act. I just wanted to make sure that we were talking to colleagues about changes that were in that underlying substitute that we have been able to make.
I think earlier today, at 3 or 3:30, was the deadline for filing amendments. So we obviously have been working all weekend and processing amendments that were filed last week, and now we will work on amendments that are filed this week and, hopefully, make progress with our colleagues on a bipartisan basis.
But as we continue to move through the legislative process on the Protect College Sports Act, we have sought to clarify and improve the bill in ways that make clear to our colleagues the intent of what the Senate Commerce Committee and now those here on the Senate floor have tried to achieve in this legislation.
The substitute makes clear that medical coverage and healthcare and safety standards in the bill are a floor and not a ceiling. So it amends sections 106 and 107 to clarify that it cannot be construed to preclude provisions of additional medical coverage or establishment of additional health, wellness, and safety standards in the bill.
It requires that the NCAA take more responsibility in school compliance with health, safety, and wellness standards; and I appreciate this very much because I think these actions do need to have someone who can continue to improve the accountability of our academic institutions and how they are performing or not performing. It requires a Commission that we put into the legislation to also study further health, wellness, and safety standards and consider ways to improve them.
It is making progress in a couple of other areas: the academic progress requirement, which I think is really important. This bill is to make sure that we still have student-athletes and they meet and achieve academic performance. So this requires an institution to comply with the uniform benchmarks established by the Intercollegiate Athletic Association or conference related to graduation rates and the academic process of student-athletes in order to be eligible for this retention fund.
So we are putting in more safeguards and accountability. If these institutions want to continue to have additional resources, they are going to have to prove that they are meeting academic performance.
It prevents the NCAA from weakening its standards for qualifying as a full-time student by cross-referencing terms and definitions.
So, again, there are lots of eyeballs on this legislation, and it is good because we are making and perfecting and ensuring that the language does what we think it does; and, if not, we are improving it by making changes.
The substitute also includes a role for the House and Senate Education and Labor Committees in the selection of Commission members. It does this by requiring the House and Senate leadership and the Senate Commerce and House Energy and Commerce leadership to work with the Senate HELP and House Ed and Workforce leadership in appointing the members of the Commission.
Now, this legislation does try to stabilize the college environment today as it relates to sports, but it also says we need to have a big discussion about how this continues to play out in the future. And this Commission needs to be well represented by a variety of interests. So we are very happy to add both HELP and House Education and Workforce leadership to be part of that.
And it requires the Commission to study how and whether students should get a financial stake in their own teams. Now, this is a novel idea but something I think the Commission should consider. One of the things I am very proud of in the underlying bill is the fact that we say to broadcast entities who bid on college sports--most of the time just to show football or just to show basketball--that if you are not using your rights for those same institutions to help support other programs--like, say women's volleyball or track and field--that you have to allow that institution to come up with other ways that they might enhance their revenue by doing streaming media.
Now, we think this is really important because we think there are a lot of great--I am very proud of, right now, that, I think, our UW women's pole vaulter is No. 1 in the world right now. I think I just saw that headline. But why can't the University of Washington promote their track and field if, in fact, their football Huskies contract, which--I would just say, I saw a lot of Big Ten football this weekend, trying to engage and understand, but you didn't see anything about the Huskies other than if you tried to watch that game. Why? Because nobody on the east coast even reports about what happens to west coast football. After a certain time, they just don't report about it. This bill is about trying to empower these other sports--particularly that drive women and Olympic sports--to make their own revenue streams.
So one of our colleagues here wanted an improvement to the bill that said that students should even think about how to get a bigger financial stake. I welcome it. I welcome that as part of a Commission requirement.
We also did a few things to make sure that we are covering pending cases, that the underlying bill does not wipe out pending cases. And so we took language recommended by a variety of our athletes working on this prior to us even moving the bill out of committee, since the bill moved out of committee, and this, I think, helped us perfect this language to make sure that existing pending cases are not wiped out by our legislation.
And it obviously also narrows the broad field of preemption provisions for eligibility to just those covered in this legislative section.
So this legislation before us today continues to make improvements. As I said, I think there are about 15 or 20 amendments that were filed last week and maybe another 20-plus amendments filed today. So we are going to continue to work through our colleagues on that but continue to push forward on the very challenging environment that college education is facing and the huge amounts of add-on fees that they are adding to nonstudent-athletes to pay for athletics, taking money out of a general fund to pay for athletics--basically, taking out an endowment to pay for athletics. The majority of these are not even making money anymore for themselves.
So we have to bring some order to the system, and I urge my colleagues to continue to improve the situation so that we are not balancing the books on behalf of larger education just for sports but that they have a system that will work for all of us.
So I encourage my colleagues to continue the dialogue with us, and I hope that we can move forward on this important legislation.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER
The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER
Without objection, it is so ordered.
Mr. President, I ask unanimous consent to speak for up to 5 minutes prior to the scheduled rollcall vote.
The PRESIDING OFFICER
Without objection, it is so ordered.
Protect College Sports Act (Executive Session)
Pages S4849–S4850 · Official textMr. President, for the past 3 years, I have worked hard to find a way to bring order to the chaos that is consuming the new era of college sports.
I think it is helpful to understand why college sports are in this mess and why university administrators, athletic directors, coaches, and student-athletes haven't been able to bring order to this chaos, and it starts with Federal law.
Our Nation's antitrust laws were written over a century ago and were never designed to regulate NIL, transfer portals, billion-dollar media contracts, and the realities of modern college athletics. Yet, today, those laws are being applied in ways that have fueled constant litigation and uncertainty across college sports.
There is nothing sacrosanct about antitrust law that makes it unassailable. It is not the 11th Commandment. It is not in the Constitution. And when the Supreme Court applied it to college sports, it drew a legal conclusion. It didn't cast a value judgment. In fact, it said just the opposite. Justices said that perhaps Congress might want to revisit whether this is an appropriate fit, noting that Congress has amended the antitrust laws for certain situations and entities in the past and that it may choose to do so again in the future to address college sports.
It would be nice if college sports could somehow magically fix itself, but this is a matter of law, Federal law, and it is only Congress that can fix it.
I know some argue that college sports are doing just fine. They point to high television ratings, enthusiastic fan bases, and packed stadiums. But popularity does not demonstrate that a system is healthy; it simply proves that the system is worth saving.
Fans cannot merely hope that this problem will correct itself. The courts can decide cases. Conferences can make their own rules. The NCAA can change its policies.
So if we are going to be having national competition, then it is only Congress that can establish a clear and enforceable legal rule book. There is no other option. That is what the Protect College Sports Act does. That is what student-athletes, coaches, universities, and conferences have repeatedly come to Washington asking Congress to provide.
The NIL era is here. The Protect College Sports Act embraces this new reality by codifying and protecting the rights of student-athletes to earn money from their name, image, and likeness and establishing the rules necessary to end the chaos.
But a system that protects student-athletes' ability to earn NIL also needs rules. Real NIL is not the same as a disguised recruiting payment. Revenue sharing is not the same as unlimited cap evasion. Athlete mobility is not the same as permanent roster free agency. Legal certainty does not mean a blank check. The Protect College Sports Act draws these lines. It establishes national rules while giving student-athletes the benefits and protections that do not exist in Federal law today.
Student-athletes, coaches, conferences, universities, professional sports leagues, and Olympic organizations all know that the status quo is unsustainable, and they know that the Protect College Sports Act is the change college sports so desperately needs.
Thirty-two conferences, more than 380 schools, and the Student-Athlete Advisory Committee, which represents half a million student-athletes across the country, all enthusiastically support this bill. Just last week, more than 30 students and coaches took time out of their days and flew to Washington to make that point on the grounds of the Capitol.
To my colleagues: Listen to your constituents. Listen to student-athletes. Listen to the fans. And listen to the sponsors of the bill, just as I have listened to you.
We have heard our colleagues' concern, and the bill before us is not the bill we started with. We sat down at the table with Republicans and Democrats, and we made changes. This was not done at the eleventh hour.
During the Commerce Committee markup in June, we addressed concerns about the potential formation of a superleague, we clarified the bill's Sports Broadcasting Act provisions, and we added additional representation for midsize conferences. These are just three of the many amendments and adjustments that were made.
We didn't stop there. Before the bill made it to the floor, we heard concerns from the Big Ten and the SEC and worked toward finding a solution. We earned their support. We tightened the revenue-sharing rules, made sure student-athletes got their fair share of revenue, strengthened NIL transparency, further addressed tampering and recruitment, and made clear that participation in pooled media rights is voluntary.
Negotiations didn't stop. In getting the bill to the Senate floor, we enhanced NCAA oversight and accountability, gave States the ability to impose stronger health and safety protections, protected existing broadcast contracts, and softened conference realignment restrictions in certain cases.
Now, some of my colleagues remain concerned that this bill gives too much legal protection to the NCAA. Let me be clear. Legal certainty is not immunity from accountability. The latest text preserves existing legal claims and makes clear that the bill's notice-and-cure process cannot shield institutions from damages claims involving serious misconduct such as sexual assault and abuse.
We must not let the perfect be the enemy of the good. Not everyone got everything they wanted. Frankly, I didn't, and neither did my counterpart, Ranking Member Maria Cantwell. But this is what legislating means. It means Republicans and Democrats listening to each other and finding middle ground. It means compromising to reach an agreement. It is the way our Founding Fathers designed the legislative process for the good of the whole.
For those few who remain unmoved: Where is your commonsense alternative? What are you suggesting can stop the legal chaos? The threat of the wealthiest programs breaking away for a superleague? The scholarships being cut week after week after week?
We can avoid all of that.
Let's protect college sports for the thousands of student-athletes who feel like they are navigating "the Wild West," as Boston University swimmer Gannon Flynn put it during our college sports roundtable. Let's fix it for the coaches who feel that college athletics are "truly under attack," as Middle Tennessee State University head football coach Derek Mason said.
This is not sustainable. College sports is a unique American tradition that is worth protecting.
We have an enormous coalition behind this bill, including the United Negro College Fund, the NFL, the NBA, Major League Baseball, the National Hockey League, the NBA Players Association, the NFL Players Association, the U.S. Olympic & Paralympic Committee. The list goes on.
The support for this bill is overwhelming, and time is of the essence. Let's get this done. I urge my colleagues on both sides of the aisle to support this bill.
Cloture Motion (Executive Session)
Page S4850 · Official textThe PRESIDING OFFICER
Pursuant to rule XXII, the Chair lays before the Senate the pending cloture motion, which the clerk will state.
The legislative clerk read as follows:
Text printed in the Record (557 characters)
We, the undersigned Senators, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby move to bring to a close debate on the nomination of Executive Calendar No. 828, Angela Veronica Colmenero, of Texas, to be United States District Judge for the Southern District of Texas.
John Thune, Tim Sheehy, John Barrasso, Pete Ricketts,
Thom Tillis, Rick Scott of Florida, John Cornyn, Steve
Daines, Bernie Moreno, John R. Curtis, Chuck Grassley,
Jim Banks, Mike Crapo, James Lankford, Kevin Cramer,
Mike Rounds, Ted Budd.
The PRESIDING OFFICER
Under the previous order, the mandatory quorum call under rule XXII has been waived.
The question is, Is it the sense of the Senate that debate on the nomination of Angela Veronica Colmenero, of Texas, to be United States District Judge for the Southern District of Texas, shall be brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll. The legislative clerk called the roll.
The following Senator is necessarily absent: the Senator from Louisiana (Mr. Cassidy).
I announce that the Senator from Delaware (Mr. Coons), the Senator from Arizona (Mr. Gallego), the Senator from Connecticut (Mr. Murphy), and the Senator from Rhode Island (Mr. Whitehouse) are necessarily absent.
The yeas and nays resulted--yeas 52, nays 43, as follows:
Text printed in the Record (967 characters)
Armstrong Banks Barrasso Blackburn Boozman Britt Budd Capito Collins Cornyn Cotton Cramer Crapo Cruz Curtis Daines Ernst Fischer Graham Grassley Hagerty Hawley Hoeven Husted Hyde-Smith Johnson Justice Kennedy Lankford Lee Lummis Marshall McConnell McCormick Moody Moran Moreno Murkowski Paul Ricketts Risch Rounds Schmitt Scott (FL) Scott (SC) Sheehy Sullivan Thune Tillis Tuberville Wicker Young
Alsobrooks Baldwin Bennet Blumenthal Blunt Rochester Booker Cantwell Cortez Masto Duckworth Durbin Fetterman Gillibrand Hassan Heinrich Hickenlooper Hirono Kaine Kelly Kim King Klobuchar Lujan Markey Merkley Murray Ossoff Padilla Peters Reed Rosen Sanders Schatz Schiff Schumer Shaheen Slotkin Smith Van Hollen Warner Warnock Warren Welch Wyden
Cassidy
Coons
Gallego
Murphy
Whitehouse
(Mr. CURTIS assumed the Chair.)
(Mr. ARMSTRONG assumed the Chair.)
The PRESIDING OFFICER (Mr. Curtis). On this vote, the yeas are 52, the nays are 43.
The motion is agreed to.
Cloture Motion
Pages S4850–S4851 · Official textThe PRESIDING OFFICER
Pursuant to rule XXII, the Chair lays before the Senate the pending cloture motion, which the clerk will state.
The senior assistant legislative clerk read as follows:
Text printed in the Record (406 characters)
We, the undersigned Senators, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby move to bring to a close debate on Cruz amendment No. 6776 to Calendar No. 449, S. 4668, a bill to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes.
The PRESIDING OFFICER
Under the previous order, the mandatory quorum call under rule XXII has been waived.
The question is, Is it the sense of the Senate that debate on amendment No. 6776, offered by the Senator from South Dakota [Mr. Thune] to S. 4668, a bill to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes, shall be brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll. The senior assistant legislative clerk called the roll.
The following Senators are necessarily absent: the Senator from Louisiana (Mr. Cassidy), the Senator from North Carolina (Mr. Tillis), and the Senator from Alabama (Mr. Tuberville).
I announce that the Senator from Delaware (Mr. Coons), the Senator from Arizona (Mr. Gallego), the Senator from New Jersey (Mr. Kim), the Senator from Connecticut (Mr. Murphy), the Senator from Hawaii (Mr. Schatz), and the Senator from Rhode Island (Mr. Whitehouse) are necessarily absent.
The yeas and nays resulted--yeas 70, nays 21, as follows:
Text printed in the Record (1,000 characters)
Armstrong Baldwin Banks Barrasso Bennet Blackburn Boozman Britt Budd Cantwell Capito Collins Cornyn Cortez Masto Cotton Cramer Crapo Cruz Curtis Daines Ernst Fetterman Fischer Graham Grassley Hagerty Hassan Hawley Heinrich Hickenlooper Hirono Hoeven Husted Hyde-Smith Johnson Justice Kennedy King Klobuchar Lankford Lee Lujan Lummis Marshall McConnell McCormick Moran Moreno Murkowski Murray Ossoff Padilla Peters Ricketts Risch Rosen Rounds Schmitt Scott (SC) Shaheen Sheehy Slotkin Smith Sullivan Thune Warner Welch Wicker Wyden Young
Alsobrooks Blumenthal Blunt Rochester Booker Duckworth Durbin Gillibrand Kaine Kelly Markey Merkley Moody Paul Reed Sanders Schiff Schumer Scott (FL) Van Hollen Warnock Warren
Cassidy
Coons
Gallego
Kim
Murphy
Schatz
Tillis
Tuberville
Whitehouse
The PRESIDING OFFICER. On this vote, the yeas are 70, the nays are 21.
Three-fifths of the Senators duly chosen and sworn having voted in the affirmative, the motion is agreed to.
The motion was agreed to.
Legislative Session
Pages S4851–S4852 · Official textThe PRESIDING OFFICER
Cloture having been invoked, the clerk will report the bill.
The legislative clerk read as follows:
Text printed in the Record (203 characters)
A bill (S. 4668) to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes.
Pending:
Text printed in the Record (783 characters)
Thune (for Cruz) amendment No. 6776, in the nature of a substitute.
Thune amendment No. 6777 (to amendment No. 6776), to change the enactment date.
Thune amendment No. 6778 (to amendment No. 6777), of a perfecting nature.
Thune amendment No. 6779 (to the language proposed to be stricken by amendment No. 6776), to change the enactment date.
Thune amendment No. 6780 (to amendment No. 6779), of a perfecting nature.
Thune motion to recommit the bill to the Committee on Commerce, Science, and Transportation, with instructions, Thune amendment No. 6781, to change the enactment date.
Thune amendment No. 6782 (to the instructions (amendment No. 6781) of the motion to recommit), of a perfecting nature.
Thune amendment No. 6783 (to amendment No. 6782), of a perfecting nature.
The PRESIDING OFFICER
The Senator from Florida.
Mr. President, I rise today to again ask for unanimous consent to pass the SAFE KIDS Act.
When I first came to the floor in July to advocate for this bill, my Democrat colleague called the issue of surrogate birth tourism a conspiracy theory. It was suggested that I was trying to prevent Americans from having families through surrogacy or other means. That was untrue then, and it is clearly untrue now.
In July, I came to the floor to warn about Chinese birth tourism based on a story in my home State of Florida. It was a real story hurting one of my constituents, and I wanted to raise the alarm.
I warned this body months ago of this national security threat. Here is what has happened since. This story from my State and others like it have made national headlines.
CBS: " `Who do we hand the baby to?' Loopholes and shady practices taint U.S. surrogacy industry."
The Wall Street Journal: "The Chinese Billionaires Having Dozens of U.S.-Born Babies Via Surrogate."
Fortune: "Chinese billionaire who has fathered more than 100 children"--you can't make this stuff up--"hopes to have dozens of U.S.-born boys to one day take over his business."
The Wall Street Journal: "A Florida Surrogate, a Father in China, and the Babies Caught in Between."
New York Magazine: "Whose babies are these? A Chinese man hired a Florida surrogate, then didn't pick up his kids, sparking a custody battle that could upend the industry."
So the Wall Street Journal, New York Magazine, and CBS News have all run major stories about birth tourism since I last brought this to the floor. We cannot ignore it anymore, and we know it is not a conspiracy theory. Anyone overseas, including citizens of enemy countries--these are the types of people that could have surrogates--can get American birthright citizenship for a child by contracting a surrogate in America. They don't even have to set foot in America. You can't make this stuff up. No sane country would ever allow this. The threat is obvious: foreign adversaries having a backdoor to every privilege of being an American while spending no time--no time; they don't even have to show up in this country. And their kids are not being taught to love our country. This threat isn't empty. Our laws are being leveraged by foreigners right now. Chinese billionaire Xu Bo, a member of the CCP, has allegedly fathered between 100 and 300 American children via surrogacy, with birthright citizenship. As of today, no Federal legislation exists to prevent this. Right now, Xu Bo's actions are completely legal. Do we think he is having American children and taking them back to China to make America better? Of course not. This is a critical problem that could undermine American sovereignty, but even worse, we are talking about child trafficking. These children are being treated like commodities instead of human beings. We should all be asking ourselves: What happens to these children? Who raises them? What are they taught? What country are they taught to love? And what happens when they are old enough to return to the United States? Can they attend our universities? Can they serve in our military? Can they receive security clearances? Can they run for President? These are legitimate questions and a real vulnerability if we don't act on this today. One of my constituents Kyla Simpson is dealing with those questions right now. A Chinese citizen contracted her to be a surrogate, and then he never showed up. Her sons are now almost 2. The "father" has never set foot on U.S. soil, but she is fighting tooth and nail to keep them in the only home they have ever known. My bill fixes the problem by doing two things. First, it will invalidate commercial surrogacy contracts involving designated foreign adversaries--communist China, Iran, Russia, North Korea. Second, it will create a misdemeanor penalty for any broker who knowingly facilitates one of these prohibited arrangements. This is a very narrow bill. The bill is targeted at solving this exact problem we are seeing today. It would mean people like Xu Bo cannot father American citizens while living in communist China and take them back to be raised by the CCP. It is going to protect women and children like Kyla Simpson and her two sons. American citizenship should not be for sale, and our enemies cannot be allowed to buy it. This country, its sovereignty, and its future are worth protecting. Everyone in this Chamber should believe that and support this bill. I hope that my colleagues have seen the reports and the problem with birth tourism since we last discussed it, and I hope all of my colleagues see the solution here: passing a very narrow bill, the SAFE KIDS Act. Notwithstanding rule XXII, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration of S. 3101 and the Senate proceed to its immediate consideration. Further, I ask that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER
Is there objection?
The Senator from California.
Mr. President, I object.
The PRESIDING OFFICER
The objection is heard.
The Senator from Florida.
Mr. President, this is not controversial. It is a national security bill that protects women and children.
So if you object to this bill, you are not protecting women and children and you are not protecting the United States.
American citizenship cannot be bought. It is precious and sacred, and it comes with duties. Think about it. Countless men and women have given their lives to make it mean something. We owe it to them and to future generations to keep this country safe and protect our citizenship from those who want to destroy us. That is why it can't just be raffled off to our enemies. We can't let our enemies turn our laws into weapons against the American people. We can't let them traffic children right under our noses on our own soil in the process.
Every Senator should be enraged that this is happening. Every Senator should support closing this dangerous loophole. That is why I am going to continue working with my colleagues to support the SAFE KIDS Act. If I have to keep coming down here and keep doing unanimous consents after we continue to see story after story, I am going to keep doing it. Mothers, children, and the American people deserve better.
I yield the floor.
The PRESIDING OFFICER
The Senator from Wyoming.
Morning Business
Page S4852 · Official textMr. President, I ask unanimous consent that the Senate be in a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.
The PRESIDING OFFICER
Without objection, it is so ordered.
Remembering Roy Drinkard
Pages S4852–S4853 · Official textMr. President, today I rise to remember the incredibly full and long life of Mr. Roy Drinkard, an Alabama and American legend. Throughout his 106 years on Earth, Roy's joy, kindness, and drive touched the lives of so many. His dedication to business strengthened our communities, especially his home of Cullman; his military service inspired many Americans across our Nation; and his love for others impacted all who had the honor of knowing him.
A native of Falkville, AL, Roy grew up with three brothers and two sisters, all of whom learned the importance of hard work, public service, and a strong love for their community. Roy's father was a notable businessman who also served as the mayor of Falkville. Roy's own passion for business started from a young age when he began delivering newspapers at age 9. He attended St. Bernard Preparatory School and later graduated from Gumpton-Jones College of Mortuary Science.
After his graduation, Roy served as a private first class for the U.S. Marine Corps during World War II. Roy was incredibly proud of his service to our country, and at the time of his death, he was the oldest living marine in the United States. His bravery, perseverance, and love for our Nation were driving forces behind his exceptional military service. Though his service was just the beginning of his career, Roy was a marine until his final breath; honorable, courageous, and committed.
After his time in the Marines, Roy began working at the family funeral services business. He was a trained funeral director and mortician, and under his family's leadership, the business grew precipitously, serving families all across north Alabama. During the most difficult moments of someone's life, Roy lent a helping hand, a listening ear, and a space to grieve. It takes a special person to work in the funeral industry, and Roy was certainly that. His compassion and guidance brought consolation to so many.
When Roy returned to Cullman, he purchased the historic Cullman home, the Borkenau. It became the backdrop to so many occasions, from family reunions to business meetings to holiday parties. In Cullman, Roy began working in the auto industry, operating the Drinkard Chevrolet Company dealership from 1955 until 1974. For Roy, car sales were never about the cars; they were about the people he met, the deals he created, and the problems he solved.
Using his passion for people and business, Roy began Drinkard Development, a commercial real estate management company. Drinkard Development's early projects included Cullman's Town Square Shopping Center and King Edward Shopping Center. Soon, the business expanded into neighboring counties and even beyond Alabama into Tennessee, Kentucky, Louisiana, Ohio, and more. Soon, Roy and his partners became leading developers in the Nation, working as head developers for Kmart in 1981 and for Kroger in 1982. He worked with numerous prominent retailers including Walmart, Kroger, and AMC Theatres. After becoming an approved developer for the General Services Administration, he also helped to develop government facilities throughout the Southeast region. Through it all, Roy viewed Drinkard Development as more than just a job; it was a calling and one that gave him an even larger family.
Roy's devotion to his Cullman community extended far beyond Drinkard Development. Roy was among the original members of the Flying Fifty, business and civic leaders known for traveling throughout the country to attract new industry and investment to the area. He devoted nearly three decades to leading the Cullman Industrial Development Board and held numerous other local leadership positions, including president of the Cullman County Chamber of Commerce and chairman of the Cullman Planning Commission. His work helped create jobs, strengthen the local economy, and shape the community he loved. His commitment to service was also evident through his nearly 84 years as a Freemason and through his longtime membership in First Baptist Church of Cullman.
Expanding access to education was another cornerstone of Roy's public service. He served as a director of what is now Wallace State Community College and later chaired the Wallace State Foundation, helping expand opportunities for students through scholarships, donating land, and other initiatives. In 2000, then-Governor Don Siegelman appointed Roy to the Troy University Board of Trustees, beginning more than 25 years of service to a university he loved deeply. He remained devoted to Troy, its students and leaders, and its football program, continuing to serve on the board even through his 100th birthday.
Yet the accomplishments that filled Roy's resume never overshadowed what mattered most to him: family and friendship. He treasured fishing trips with his daughters, grandchildren, and great-grandchildren, annual gatherings at Buck Island, visits to New Orleans, weekly "Pawpaw's Night," and countless conversations around a fire or on a porch. He kept up with the milestones of his great-grandchildren, celebrated their accomplishments, and was never too busy for a phone call or a story. At age 100, he even joined his great-grandson Julius's fraternity, another reminder of his curiosity, humor, and determination to remain connected to the generations that followed him.
Roy often summed up the wisdom of his 106 years with the simple command from the Gospel of John: to love one another. That principle captured the heart of a man who measured his life not only by the businesses he built, the communities he strengthened, and the institutions he served, but most importantly by the people he loved and the relationships he carried with him across generations. He leaves behind his daughters, grandchildren, great-grandchildren, and great-great-granddaughter, along with countless relatives, friends, colleagues, and members of his Drinkard Development family. Roy Drinkard's extraordinary life was marked by more than a century of accomplishments; his most profound impact is reflected in the remarkable number of people who knew and loved him.
I am incredibly proud to honor the incredible life of Mr. Roy Drinkard, whose life serves as a reminder to greet each day with joy, love, and humor. His legacy and service to our great Nation will live on in Cullman, across our great State of Alabama, and throughout his family, friends, and colleagues.
Tribute to Jimmy Rane
Page S4853 · Official textMr. President, I am honored to recognize Jimmy Rane for his leadership in serving on the America250 Commission. As one of just 16 private citizens on this bipartisan commission, Jimmy's vision, patriotism, and direction helped ensure that our great Nation's semiquincentennial anniversary reflected both America's historic past and the promise of her future. At a time when our country can feel divided, the America250 celebrations gave us a chance to come together around our shared history founding principles. Jimmy was instrumental in reigniting that flame of allegiance as we look ahead to America's next 250 years.
Jimmy understands the fulfillment of America's promises all too well. In 1907, his grandfather Giuseppe Reina journeyed to Ellis Island from his home of Cammarata, Sicily, in search of a better life for his young family. For years, he worked to build that life and instilled in his children, including Jimmy's father Tony, a deep sense of patriotism and pride in their adopted country. Jimmy's story--the grandson of an immigrant who arrived at Ellis Island now entrusted with the Nation's celebration of 250 years of independence--is the embodiment of the American Dream.
Jimmy was born and raised in Abbeville, AL. His father, a World War II veteran, operated several hotels and restaurants and later served as the president of Abbeville's local chamber of commerce, teaching Jimmy the importance of hard work, drive, and giving back. Jimmy became a first-generation college graduate, earning his bachelor's degree in business administration from Auburn University, where he was a member of Theta Xi fraternity. He went on to earn his J.D. from the Cumberland School of Law at Samford University and began his career at a Birmingham law firm.
Jimmy's path since then has been anything but conventional, but in every role he has poured in the same relentless drive to build the best possible product. After his wife's parents passed away, Jimmy returned to Abbeville to take over their lumber-treatment plant, turning the business from the brink of bankruptcy into Great Southern Wood, one of the largest companies in the industry, best known for its YellaWood brand. While running the company, Jimmy also opened his own law firm and served as a judge for Henry County. He later attended Harvard Business School's president management program, inspiring him to push Great Southern Wood to even greater heights.
Instead of relocating Great Southern Wood to a larger market, Jimmy chose to keep the company's headquarters in Abbeville, bringing economic revitalization back to his hometown. He has since restored several of Abbeville's historical buildings, made a lasting impact on Auburn University through prodigious philanthropic efforts, and founded the Jimmy Rane Foundation, which has awarded over 600 scholarships over the past quarter century. Jimmy's greatest legacy is not simply his business success, but rather what he has chosen to do with it. His service and community pride are what made him an indispensable member of the America250 Commission.
From an immigrant family's search for opportunity, to a young boy growing up in Abbeville, to an Auburn graduate, lawyer, entrepreneur, and now a leader in commemorating 250 years of American independence, Jimmy Rane's story is deeply and uniquely American. I am grateful for his service on the America250 Commission and for the time, energy, and patriotism he devoted to this historic undertaking. Alabama is honored to call him one of our own, and I am proud to recognize his indelible contributions to our State and to our Nation.
Tribute to Jon Axline
Page S4853 · Official textMr. President, today I have the honor to recognize Jon Axline as Montanan of the Month.
Born and raised in Billings, MT, Jon is a fourth-generation Montanan. As a youth, he watched John F. Kennedy's Presidential motorcade from his grandparent's front yard in Billings, which was a profound moment that inspired his interest in history. Jon attended Montana State University where he earned his bachelor's and master's degrees in American history.
His passion for history extended to several experiences such as working for the Museum of the Rockies, the Montana State Prison Museum, the Bear Paw Development Corporation, and the Powell County Museum and Arts Foundation. Jon finally settled into a historian position for the Montana Department of Transportation in 1990.
Jon is one of the superstars of the Montana history profession. Jon's work covers hundreds of years of Montana's legacy, from the history of unions in Butte, to the Smith Mine disaster. Now retired after a 35-year long career, Jon is also remembered for his excellent writing on transportation history in the State.
I am thrilled to recognize Jon for his outstanding work in portraying Montana history for the past three decades. Jon's storytelling will continue to help educate people about our great State and bring communities together. It is my distinct honor to recognize Jon Axline as Montanan of the Month.
Tribute to Josh Smith
Page S4853 · Official textMr. President, today I have the honor to recognize Josh Smith.
Born and raised in Lincoln, MT, Josh is the president, founder, and master bladesmith for the Montana Knife Company. Starting at the age of 11 years old, Josh learned the art of his craft from Rick Dunkerly, his baseball coach, where he learned how to make knives and remove stock blades in Rick's shop.
Over the next few years, Josh began forging and honing his craft. At the age of 19, he earned his master smith rating from the American Bladesmith Society, becoming one of the youngest bladesmiths to ever pass the test.
Years later, Josh moved to Frenchtown, MT, where he lives today with his wife and kids. Over the past 5 years, Josh grew his business from his garage to a new 50,000-square-foot facility where he now employs 130 people. He has dedicated his life to delivering the highest quality of knives, with the kind of value to his customers know and trust that stands the test of time to be passed down for generations. Josh has done immense work creating opportunities for Montanans, giving back to veterans and outdoorsman alike.
It is my honor to recognize Josh Smith for his outstanding contributions to the knife industry and the manufacturing craft in Montana. The legacy of your craftmanship and contributions to American manufacturing will not be forgotten.
Tribute to Billy Dooly
Pages S4853–S4854 · Official textMr. President, I rise today to recognize the 90th birthday of Billy Dooly.
Born and raised in Fort Smith, Billy graduated from the University of Arkansas and began a distinguished 20- year career in the U.S. Army after receiving a direct commission as an air defense artillery officer. While serving in uniform, he earned an MBA in industrial management from the University of Arkansas and went on to complete two tours with the Army general staff at the Pentagon. He also deployed to the Far East, including twice as a helicopter pilot in Vietnam.
Dooly earned numerous military decorations, including the Distinguished Flying Cross, the Air Medal with 21 oakleaf clusters and three "V" devices for exceptional valor, and the Bronze Star Medal with one oakleaf cluster.
Following his retirement from the Army in 1981, he returned to his hometown to be near his family but continued his commitment to serving a community we both cherished. He initially worked as vice president and general manager of North American Foundry before joining the Fort Smith Chamber of Commerce as president in 1987, providing invaluable leadership for 16 years.
During his tenure at the chamber, Dooly was an outspoken advocate for the business community and a champion for the military and veteran community throughout the region. Among his many projects, he was a tireless advocate to complete the I-49 corridor, working with leaders from multiple States to pursue this critical project. Although he retired from the chamber in 2003, his impact on the area's infrastructure and strong community support for the military continues today.
His contributions over the years have been recognized through many honors including the Mayor's Spirit of the Frontier Award and inductions into the Arkansas Tourism Hall of Fame, the Arkansas Hospitality Association Hall of Fame and the Arkansas Military Veterans' Hall of Fame.
Above all, Dooly has always been a tremendous leader, whether in uniform, in business, or making a difference in his community. As he celebrates his 90th birthday, I thank him for his continued service to Arkansas. I wish him a happy birthday and many more years of health and happiness and very much appreciate his friendship of many years.
Japanese Auto Investment in Ohio
Page S4854 · Official textMr. President, Ohio's relationship with Japanese-brand automakers is perhaps the oldest and most significant in the entire country. When Honda chose our State for automotive manufacturing operations in 1982, no one could have imagined what that would lead to. It has grown into an over $15 billion commitment, and Honda directly employs over 15,000 Ohioans. This investment has had great impact on the communities of central and southwest Ohio. Honda's plants in Marysville, East Liberty, Anna, and Russells Point support the production of hundreds of thousands of vehicles, engines, and transmissions. The company also has a decades-long research and development presence in the State, helping cement Ohio as a leading destination for automotive research and testing. Honda continues to expand with the start of mass production of lithium-ion battery cells for energy storage systems at its L-H Battery facility in Jeffersonville, OH. In addition, a joint venture with Korean battery maker LG Energy Solutions represents another $4.4 billion investment in Ohio.
Honda's Ohio operations also have a profound impact on Ohio's workforce and education initiatives. The Japan Automobile Manufacturers Association's (JAMA) workforce development white paper highlights Honda's 20-plus-year partnership with The Ohio State University, which connects engineering research with manufacturing, as well as training programs in robotics, automation, and quality. Honda also supports earn-and-learn programs, co-ops, scholarships, and technical curricula through community colleges and training centers. Honda's long-term commitment to Ohio is evident through its community engagement, including charitable giving, driving safety campaigns, and sustainability initiatives. As JAMA marks 50 years representing Japanese-brand automakers in Washington DC, Ohio's experience shows how foreign direct investment, paired with a long-term vision and commitment, can strengthen manufacturing communities while driving automotive innovation.
Tribute to Roger Harris
Page S4854 · Official textMr. President, today I commend Roger Harris, who has been an excellent partner to the State of Mississippi and to passenger rail across the country. This year, Mr. Harris is concluding 7 years of service with Amtrak, a tenure which has been marked by dedication and success.
Roger joined Amtrak in January 2019, following a decades-long career in commercial aviation. He excelled and, within 3 years, was promoted to president. He devoted himself and the company to running a great railroad, building for the future, and increasing revenue and ridership across the entire Amtrak network.
Roger's 7 years at Amtrak spanned some of the most consequential in the railroad's history. In the depths of the pandemic, he helped provide steady leadership, enabling the company to continue delivering essential service, even as daily ridership declined by up to 97 percent. He led the company through an impressive post-pandemic recovery. Amtrak has set back-to-back revenue and ridership records over the last 2 years, and the company is currently on track for another banner year. It is worth noting that Amtrak has met this growing demand for train service while delivering major capital projects, including new trains and facilities, more accessible stations, and the biggest Northeast Corridor infrastructure program in Amtrak history.
Under his leadership, Amtrak has been ambitious: launching the NextGen Acela fleet, beginning the delivery of the Airo fleet, laying the groundwork to replace much of the long distance fleet, advancing major infrastructure projects like the Portal North Bridge and the B&P Tunnel Replacement, and expanding service in places like Virginia and the Midwest Borealis train. Of particular interest to my constituents, he helped accomplish what Mississippians had anticipated for two decades: the return of passenger rail to the gulf coast.
The Mardi Gras Service is personal to me and to the people I represent. Hurricane Katrina silenced that line in 2005. For 20 years, the gulf coast lost not just a train but one of its connections to the rest of the country. I spent the better part of a decade in the U.S. Senate working to restore this service. I testified before the Surface Transportation Board, secured Federal investment, and spoke to every Amtrak and Federal Railroad Administration official that I could reach. On August 18, 2025, the Mardi Gras Service was restored. Through it all, Mr. Harris and his team were also integral to restoring the service.
A year into its operations, the Mardi Gras Service has exceeded every expectation. Amtrak projected 71,000 riders during the service's first year. The line has carried more than 100,000 passengers just in 8 months. Riders have embraced the service, giving it the highest customer satisfaction rating in the Amtrak system.
That success did not happen by accident. It reflects a leadership philosophy that values customer service, operational excellence, and a willingness to invest in communities that had waited far too long for passenger rail. Roger believed the gulf coast corridor was worth restoring, and the people of Mississippi are better served because of his belief.
In my interactions with Roger, he has always been straightforward, accessible, and willing to work together. Because of that, Mr. Harris does not only leave Amtrak in a stronger position than he found it. He also leaves it with many a friend in Mississippi. On behalf of the people of my State and the taxpayer--and of the riders along the gulf coast who have a Mardi Gras Service to be proud of--I thank Roger Harris for his service. I wish him and his family well in the next adventure.
Nissan and Toyota
Pages S4854–S4855 · Official textMr. President, I commend Nissan's and Toyota's investments in Mississippi. These efforts are part of a broader pattern of Japanese-brand automakers' expansion into the American Southeast to build vehicles closer to their customers and to create good-paying American jobs. As of the end of 2025, Nissan's Canton assembly plant and Toyota's Blue Springs facility together employ over 5,600 workers and represent more than $5.6 billion in capital investment. This has catalyzed the growth of suppliers and logistics operations that provide additional employment across our State.
The Japan Automobile Manufacturers Association (JAMA)'s historical assessment shows that Japanese-brand automakers have expanded from early plants in the Midwest to a network of more than 2 dozen manufacturing facilities and dozens of R&D and design centers across the country, with the Southeast playing an increasingly important role. Mississippi's plants are integral to that network, supplying vehicles and components that feed national and international markets.
These companies have also invested in the future of Mississippi's workforce. Nissan and Toyota participate in STEM initiatives, support technical training, and offer earn-and-learn programs and scholarships that help Mississippians gain skills in automotive manufacturing, robotics, and maintenance. Research published by JAMA underscores how this kind of effort helps transform education and build a talent pipeline for the future. Community engagement, including charitable contributions, volunteerism, and support for local organizations, further demonstrates their commitment to Mississippi. As we mark JAMA USA's 50th anniversary, the story in Mississippi is instructive. It reminds us that steadily increasing, long-term investment from trusted allies like Japan is about more than factories and numbers. Investment supports workers, strengthens communities, and reinforces a U.S.-Japan relationship that is essential to both of our countries' economic and strategic success.
Recognizing Bethesda-Chevy Chase High School's Centennial
Page S4855 · Official textMr. President, I rise today to recognize Bethesda-Chevy Chase High School as it celebrates its 100th anniversary and a century of academic excellence, innovation, and service to its students and community.
For 100 years, Bethesda-Chevy Chase High School has stood as a beacon of academic excellence, innovation, and service to its students and the community. The school has played an important role in educating generations of students and creating a lasting sense of connection among students, families, educators, administrators, and alumni. As the proud parent of three B-CC alumni, I am especially grateful for this milestone, which provides an opportunity to reflect on the school's rich history and the countless individuals who have contributed to its legacy.
To commemorate the centennial, the B-CC community will come together for a weekend of celebration, including a homecoming game, alumni gatherings, an open house, and the unveiling of its new museum, which highlights the school's history. The museum will feature exhibits celebrating B-CC's milestones over the past century, including a scene from "The Betty Play," which tells the story of one of the first black students to integrate B-CC.
I commend Bethesda-Chevy Chase High School on reaching this remarkable milestone and ask my colleagues to join me in expressing our best wishes for continued success to the students, faculty, staff, alumni, and the entire B-CC community.
Measures Discharged
Page S4855 · Official textThe following concurrent resolution was discharged from the Committee on the Budget pursuant to section 300 of the Congressional Budget Act and placed on the calendar:
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S. Con. Res. 40. Concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2027 and setting forth the appropriate budgetary levels for fiscal years 2028 through 2036.
Measures Placed on the Calendar
Page S4855 · Official textThe following bills were read the second time, and placed on the calendar:
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S. 5438. A bill to ratify and approve all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders issued pursuant to Federal law necessary for the establishment and administration of the Coastal Plain oil and gas leasing program, and for other purposes.
H.R. 9576. An act to establish the National Fraud Enforcement Division of the Department of Justice.
Enrolled Bills Presented
Page S4855 · Official textThe Secretary of the Senate reported that on today, September 22, 2026, she had presented to the President of the United States the following enrolled bills:
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S. 550. An act to provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.
S. 603. An act to designate the General George C. Marshall House, in the Commonwealth of Virginia, as an affiliated area of the National Park System, and for other purposes.
S. 759. An act to provide for standardization, publication, and accessibility of data relating to public outdoor recreational use of Federal waterways, and for other purposes.
S. 790. An act to redesignate the National Historic Trails Interpretive Center in Casper, Wyoming, as the "Barbara L. Cubin National Historic Trails Interpretive Center".
Executive and Other Communications
Pages S4855–S4857 · Official textThe following communications were laid before the Senate, together with accompanying papers, reports, and documents, and were referred as indicated:
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EC-4722. A communication from the Attorney, Office of the Comptroller of the Currency, Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled "Unsafe or Unsound Practices, Matters Requiring Attention" (RIN1557-AF35) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Banking, Housing, and Urban Affairs.
EC-4723. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Rescission of Regulations Regarding Geothermal" (RIN1004-AF51) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4724. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Rescission of Regulations Regarding Competitive and Non-Competitive Geothermal Leases" (RIN1004-AF16) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4725. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Rescission of Regulations Regarding Annual Fees for Oil Shale Placer Mining Claims" (RIN1004-AF35) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4726. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Rescission of Regulations Regarding Mining Claim Payments" (RIN1004-AF12) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4727. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Rescission of Regulations Regarding Mineral Locations Within National Forest Wilderness" (RIN1004-AF10) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4728. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Rescission of Regulations Regarding Prospecting Within National Forest Wilderness for the Purpose of Gathering Information About Mineral Resources" (RIN1004-AF06) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4729. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Revision to Regulations Regarding Oil and Gas Leasing; Stipulations and Information Notices" (RIN1004-AF43) received during adjournment of the Senate in the Office of the
President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4730. A communication from the Assistant Secretary, Legislative Affairs, Department of State, transmitting, pursuant to section 36(b)(5)(C) of the Arms Export Control Act, the notification of enhancements or upgrades from the level of sensitivity of technology or capability (RSAT Case 26-1L); to the Committee on Foreign Relations.
EC-4731. A communication from the Assistant Secretary, Legislative Affairs, Department of State, transmitting, pursuant to section 36(b)(1) of the Arms Export Control Act, the Navy's proposed letter(s) of offer and acceptance to the Government of Spain for defense articles and services estimated to cost $75 million (RSAT Case 26-93); to the Committee on Foreign Relations.
EC-4732. A communication from the Assistant Secretary, Legislative Affairs, Department of State, transmitting, pursuant to section 36(b)(5)(C) of the Arms Export Control Act, the notification of enhancements or upgrades from the level of sensitivity of technology or capability (RSAT Case 26-1I); to the Committee on Foreign Relations.
EC-4733. A communication from the Secretary of the Treasury, transmitting, pursuant to section 1705(e)(6) of the Cuban Democracy Act of 1992, as amended by Section 102(g) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, a semiannual report relative to telecommunications-related payments made to Cuba during the period from January 1, 2026 through June 30, 2026; to the Committee on Foreign Relations.
EC-4734. A communication from the Secretary of the Treasury, transmitting, pursuant to law, a six-month periodic report on the national emergency that was declared in Executive Order 13692 of March 8, 2015 with respect to Venezuela; to the Committee on Banking, Housing, and Urban Affairs.
EC-4735. A communication from the Secretary of the Treasury, transmitting, pursuant to law, a six-month periodic report on the national emergency that was declared in Executive Order 13660 of March 6, 2014 with respect to Ukraine; to the Committee on Banking, Housing, and Urban Affairs.
EC-4736. A communication from the President of the United States, transmitting, pursuant to law, a report of the continuation of the national emergency that was originally declared in Executive Order 13566 of February 25, 2011, with respect to Libya; to the Committee on Banking, Housing, and Urban Affairs.
EC-4737. A communication from the Secretary of the Treasury, transmitting, pursuant to law, a six-month periodic report on the national emergency that was declared in Executive Order 13224 of September 23, 2001 with respect to persons who commit, threaten to commit, or support terrorism; to the Committee on Banking, Housing, and Urban Affairs.
EC-4738. A communication from the Secretary of the Treasury, transmitting, pursuant to law, a six-month periodic report on the national emergency that was declared in Executive Order 12957 of March 15, 1995 with respect to Iran; to the Committee on Banking, Housing, and Urban Affairs.
EC-4739. A communication from the Regulatory Specialist, Chief Counsel's Office, Office of the Comptroller of the Currency, Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled "Expanded Examination Cycle for Certain Small Insured Depository Institutions and U.S. Branches and Agencies of Foreign Banks" (RIN1557-AF59) received during adjournment of the Senate in the Office of the President of the Senate on September 17, 2026; to the Committee on Banking, Housing, and Urban Affairs.
EC-4740. A communication from the Acting Director, Mine Safety and Health Administration, Department of Labor, transmitting, pursuant to law, the report of a rule entitled "Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection; Delay of Effective Date of Conforming Amendments" (RIN1219-AB36) received in the Office of the President of the Senate on September 17, 2026; to the Committee on Health, Education, Labor, and Pensions.
EC-4741. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Revision to Regulations Regarding Coal Management Provisions and Limitations; Fees, Rentals, and Royalties" (RIN1004-AF44) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4742. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Revision to Regulations Regarding Onshore Oil and Gas Leasing; General" (RIN1004-AF40) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4743. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Revision to Regulations Regarding Approval of Operations; Valid Period of Approved Applications for Permit to Drill" (RIN1004-AF39) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4744. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Revision to Regulations Regarding Locating, Recording, and Maintaining Mining Claims or Sites-Fees" (RIN1004-AF47) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4745. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Revision to Regulations Regarding Locating, and Maintaining Mining Claims or Sites-Failure to Comply" (RIN1004-AF48) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4746. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Revisions to Regulations Regarding Locating, Recording, and Maintaining Mining Claims or Sites-Introduction" (RIN1004-AF51) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4747. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Rescission of Regulations Geothermal Operations Plans and Drilling Permits" (RIN1004-AF20) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4748. A communication from the Division Chief of Regulatory Affairs and Directives, Bureau of Land Management, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Rescission of Regulations Regarding FLPMA Documents" (RIN1004-AF14) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4749. A communication from the Special Assistant, National Park Service, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Gulf Islands National Seashore; Personal Watercraft" (RIN1024-AE55) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Energy and Natural Resources.
EC-4750.
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A communication from the Deputy Secretary of the Commodity Futures Trading Commission, transmitting, pursuant to law, the report of a rule entitled "Clearing Requirement Determination Under Section 2(h) of the Commodity Exchange Act for Interest Rate Swaps to Account for CAD and MXN Interest Rate Benchmark Transitions" (RIN3038-AF69) received during adjournment of the Senate in the Office of the President of the Senate on September 10, 2026; to the Committee on Agriculture, Nutrition, and Forestry.
EC-4751. A communication from the Deputy Secretary of the Commodity Futures Trading Commission, transmitting, pursuant to law, the report of a rule entitled "Form PF; Reporting Requirements for All Filers and Large Hedge Fund Advisers; Further Extension of Compliance Date" (RIN3038-AF31) received during adjournment of the Senate in the Office of the President of the Senate on September 10, 2026; to the Committee on Agriculture, Nutrition, and Forestry.
EC-4752. A communication from the Administrator, Specialty Crops Program, Department of Agriculture, transmitting, pursuant to law, the report of a rule entitled "Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order; Increased Assessment Rate" (Docket No. AMS-SC-25-0122) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Agriculture, Nutrition, and Forestry.
EC-4753. A communication from the Administrator, Specialty Crops Program, Department of Agriculture, transmitting, pursuant to law, the report of a rule entitled "Walnuts Grown in California; Changes to Administrative Requirements" (Docket No. AMS-SC-24-0076) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Agriculture, Nutrition, and Forestry.
EC-4754. A communication from the Assistant Secretary for Legislation, Department of Health and Human Services, transmitting, pursuant to law, a report entitled "Addressing Dementia in Indian Country Report to Congress 2021-2023"; to the Committee on Indian Affairs.
EC-4755. A communication from the Senior Advisor, Department of Health and Human Services, transmitting, pursuant to law, a report relative to action on a nomination for a position covered by the Federal Vacancies
Reform Act of 1998 for the position of Director, Indian Health Service, Department of Health and Human Services, received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Indian Affairs.
EC-4756. A communication from the Branch Chief, Branch of Domestic Listing, Fish and Wildlife Service, Department of the Interior, transmitting, pursuant to law, the report of a rule entitled "Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Rayed Bean, Sheepnose, Snuffbox, and Spectaclecase Mussels" (RIN1018-BH73) received during adjournment of the Senate in the Office of the President of the Senate on September 10, 2026; to the Committee on Environment and Public Works.
Petitions and Memorials
Pages S4857–S4858 · Official textThe following petitions and memorials were laid before the Senate and were referred or ordered to lie on the table as indicated:
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POM-64. A concurrent resolution adopted by the General Assembly of the State of South Carolina applying to the United States Congress to call a convention under Article V of the United States Constitution to set a limit on the number of terms that a person may be elected, as a member, to the United States House of Representatives and the United States Senate; to the Committee on the Judiciary.
Whereas, the legislature of South Carolina hereby makes an application to Congress, as provided by Article V of the Constitution of the United States of America, to call a convention limited to proposing an amendment to the Constitution of the United States of America to set a limit on the number of terms that a person may be elected, as a member, to the United States House of Representatives and the United States Senate; and
Whereas, the Secretary of State is hereby directed to transmit copies of this application to the President and Secretary of the Senate of the United States; the Speaker, Clerk, and Judiciary Committee Chairman of the House of Representatives of the Congress of the United States; the members of the Senate and House of Representatives from this State; and the presiding officers of each of the legislative houses in the several states, requesting their cooperation; and
Whereas, this application shall be considered as covering the same subject matter as the applications from other states to Congress to call a convention to set a limit on the number of terms for which a person may be elected to the House of Representatives of the Congress of the United States and the Senate of the United States. This application shall be aggregated with those applications for the purpose of attaining the two-thirds of states necessary for requiring Congress to call a limited convention on this subject, but it shall not be aggregated with any other applications on any other subject; and
Whereas, this application constitutes a continuing application in accordance with Article V of the Constitution of the United States of America until the legislatures of at least two-thirds of the several states have made applications on the same subject. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, apply for a convention under Article V of the United States Constitution in order to propose a congressional term limits amendment.
Be it further resolved that the General Assembly of the State of South Carolina adopts this concurrent resolution expressly subject to the following reservations, understandings, and declarations:
(1) an application to the Congress of the United States to call an amendment convention of the states pursuant to Article V of the United States Constitution confers no power to Congress other than the power to call such a convention. The power of Congress to exercise this ministerial duty consists solely of the authority to name a reasonable time and place for the initial meeting of a convention; and
(2) Congress shall perform its ministerial duty of calling an amendment convention of the states only upon the receipt of applications for an amendment convention for the substantially same purpose as this application from two-thirds of the legislatures of the several states; and
(3) Congress does not have the power or authority to determine any rules for the governing of an amendment convention of the states called pursuant to Article V of the United States Constitution. Congress does not have the power to set the number of delegates to be sent by any state to such a convention, nor does it have the power to name delegates to such a convention. The power to name delegates remains exclusively within the authority of the legislatures of the several states; and
(4) by definition, an amendment convention of the states means that states shall vote on the basis of one state, one vote; and
(5) a convention of the states convened pursuant to this application must be limited to consideration of the topics specified in this concurrent resolution and no other. This application is made with the express understanding that an amendment that in any way seeks to amend, modify, or repeal any provision of the Bill of Rights, the thirteenth, fourteenth, and fifteenth amendments to the United States Constitution shall not be authorized for consideration at any stage. This application shall be void ab initio if ever used at any stage to consider any change to any provision of the Bill of Rights; and
(6) pursuant to Article V of the United States Constitution, Congress may determine whether proposed amendments shall be ratified by the legislatures of the several states or by special state ratification conventions. The South Carolina General Assembly recommends that Congress select ratification by the legislatures of the several states; and
(7) the South Carolina General Assembly may provide farther instructions to its delegates and may recall its delegates at any time for a breach of a duty or a violation of the instructions provided.
POM-65. A joint memorial adopted by the Legislature of the State of Washington that rescinds, repeals, cancels, nullifies, and supersedes any and all prior applications for an Article V Constitutional Convention; to the Committee on the Judiciary.
Whereas, The Washington State Legislature has made applications to the United States Congress to call one or more conventions to propose amendments to the United States Constitution, pursuant to Article V thereof; and
Whereas, The legislature finds that:
(1) Since ratification, the United States Constitution has been amended only 27 times;
(2) Despite civil war, robust debate, political turmoil, shifting views, and uncountable political, economic, and societal problems and events, our nation has not had another constitutional convention since 1787;
(3) Article V of the United States Constitution provides a vehicle for amending the Constitution upon application by two thirds of the several states;
(4) Throughout its history, Washington has made several such applications;
(5) Scholars differ as to whether such applications ever expire, and whether, regardless of the scope set forth in the applications, any convention would be required to abide by such scope; and
(6) Wealthy interest groups could exploit decisions made by our ancestors to amend the Constitution and remove or alter our rights; and
Whereas, The legislature declares that:
(1) Although historical records maintained by the State of Washington and the Library of Congress are incomplete and, in some instances, unclear as to the final disposition of legislation passed by the Washington State Legislature to initiate a call to Congress for a constitutional convention, it is reported that the Washington State Legislature has passed several such calls for a constitutional convention, including House Bill No. 90 (chapter 164, Laws of 1901), calling for a plenary convention application with no limitation on subject; House Bill No. 207 (chapter 61, Laws of 1903), calling for a plenary convention that specifically highlights the direct election of United States senators; Senate Concurrent Resolution No. 17 (1909), calling for a limited convention to ban polygamy in the United States Constitution; Senate Concurrent Resolution No. 17 (1911), calling for a limited convention to ban polygamy in the United States Constitution; and House Joint Memorial No. 1 (1963), calling for a limited convention to prohibit federal restraint of the state initiative power to redistrict and remove federal judicial oversight of redistricting; and
(2) It is unclear as a matter of constitutional law whether these calls ever expire, and current generations may now be bound by decisions made in a different time and culture; and
(3) The need to advance policy reforms through a constitutional convention should be debated anew, if necessary, and not bind future generations without any consideration;
Now, therefore, The Legislature of the State of Washington does hereby officially rescind, repeal, cancel, nullify, and supersede any and all prior applications by the legislature to the Congress of the United States to call a constitutional convention to propose amendments to the Constitution of the United States pursuant to the terms of Article V of the Constitution of the United States, regardless of when and regardless of whether such applications were for a more limited convention to propose one or more amendments regarding one or more specific subjects and purposes or for a general convention to propose an unlimited number of amendments upon an unlimited number of subjects, whether or not the calls are confirmed by historical records maintained by the state or the Library of Congress;
Resolved, I That copies of this Memorial be immediately transmitted to the Honorable Donald J. Trump, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, each member of Congress from the State of Washington, and the Director of the Office of the Federal Registrar; and
Resolved, That your Memorialists respectfully pray that this Joint Memorial be published in the Congressional Records and listed in the official tally of state legislative applications relating to calling for the United States Congress to call a convention to propose amendments to the United States Constitution, stating definitively that the state
of Washington should not be included in that number until such time as a future legislature duly passes a new application.
Reports of Committees
Page S4858 · Official textThe following reports of committees were submitted:
Text printed in the Record (1,531 characters)
By Mr. CRUZ, from the Committee on Commerce, Science, and Transportation, with an amendment in the nature of a substitute:
S. 4429. A bill to prohibit the importation, manufacture, sale, resale, or introduction into interstate commerce in the United States of connected vehicles and related software and hardware associated with foreign adversaries (Rept. No. 119-146).
By Ms. MURKOWSKI, from the Committee on Indian Affairs, with an amendment in the nature of a substitute:
H.R. 2400. An act to take certain Federal land in the State of California into trust for the benefit of the Pit River Tribe (Rept. No. 119-147).
By Ms. MURKOWSKI, from the Committee on Indian Affairs, with amendments:
S. 1514. A bill to take certain land in the State of Washington into trust for the benefit of the Quinault Indian Nation, and for other purposes (Rept. No. 119-148).
By Ms. MURKOWSKI, from the Committee on Indian Affairs, without amendment:
S. 2735. A bill to take certain Federal land in the State of California into trust for the benefit of the Shingle Springs Band of Miwok Indians, and for other purposes (Rept. No. 119-149).
H.R. 2302. An act to take certain Federal land in the State of California into trust for the benefit of the Shingle Springs Band of Miwok Indians, and for other purposes (Rept. No. 119-150).
By Mr. SCOTT, of South Carolina, from the Committee on Banking, Housing, and Urban Affairs, without amendment:
S. 4395. A bill to reauthorize the Terrorism Risk Insurance Act of 2002, and for other purposes.
Introduction of Bills and Joint Resolutions
Page S4858 · Official textThe following bills and joint resolutions were introduced, read the first and second times by unanimous consent, and referred as indicated:
Text printed in the Record (3,910 characters)
By Mr. BLUMENTHAL (for himself and Mr. Sheehy):
S. 5445. A bill to amend the Internal Revenue Code of 1986 to extend the time period for the contribution of military death benefits to Roth IRAs and Coverdell education savings accounts; to the Committee on Finance.
By Mr. MARKEY (for himself, Ms. Warren, Mr. Merkley,
Mr. Blumenthal, Mr. Welch, Mr. Sanders, Mr. Schumer,
Mrs. Gillibrand, and Mr. Whitehouse):
S. 5446. A bill to amend title 49, United States Code, to provide refunds for cancelled or significantly delayed or changed flights, and for other purposes; to the Committee on Commerce, Science, and Transportation.
By Mr. MARKEY (for himself, Ms. Warren, Mr. Merkley,
Mr. Blumenthal, Mr. Gallego, Mr. Wyden, Mr. Sanders,
and Mr. Whitehouse):
S. 5447. A bill to prohibit air carriers from imposing fees that are not reasonable and proportional to the costs incurred by the air carriers, and for other purposes; to the Committee on Commerce, Science, and Transportation.
By Mr. BLUMENTHAL:
S. 5448. A bill to amend the Internal Revenue Code of 1986 to establish a surtax on income which is attributable to substantial favorable Federal government action and received by companies owned or controlled by covered public officials or their family members; to the Committee on Finance.
By Mr. KAINE (for himself and Ms. Murkowski):
S. 5449. A bill to amend the Public Health Service Act to improve maternal health and promote safe motherhood; to the Committee on Health, Education, Labor, and Pensions.
By Mr. PETERS (for himself and Mr. Justice):
S. 5450. A bill to adjust the rail safety inspections General Schedule classification, and for other purposes; to the Committee on Homeland Security and Governmental Affairs.
By Mr. BANKS:
S. 5451. A bill to amend the Higher Education Act of 1965 to require that recipients of Pell Grants be citizens or nationals of the United States; to the Committee on Health, Education, Labor, and Pensions.
By Mrs. BRITT:
S. 5452. A bill to amend the Financial Stability Act of 2010 to provide for tailoring and indexing enhanced regulations; to the Committee on Banking, Housing, and Urban Affairs.
By Mr. HEINRICH:
S. 5453. A bill to amend the Internal Revenue Code of 1986 to establish a tax credit for installation of regionally significant electric power transmission lines; to the Committee on Finance.
By Mr. COTTON:
S. 5454. A bill to amend the Sarbanes-Oxley Act of 2002 to exclude the audits of privately held, non-carrying brokers and dealers that are in good standing from certain requirements under title I of that Act, and for other purposes; to the Committee on Banking, Housing, and Urban Affairs.
By Mr. DURBIN (for himself and Mr. Young):
S. 5455. A bill to amend the Lead-Based Paint Poisoning Prevention Act to provide for additional procedures for families with children under the age of 6, and for other purposes; to the Committee on Banking, Housing, and Urban Affairs.
By Mr. SANDERS (for himself, Ms. Warren, Mr. Markey,
Mr. Wyden, Mr. Blumenthal, Mr. Merkley, Mr. Padilla,
Mr. Reed, Ms. Hirono, and Mrs. Gillibrand):
S. 5456. A bill to prohibit the Secretary of Education from garnishing social security payments from individuals in default on their Federal student loans; to the Committee on Finance.
By Mr. SCHMITT:
S. 5457. A bill to amend title 28, United States Code, to establish the National Fraud Enforcement Division of the Department of Justice; to the Committee on the Judiciary.
By Mr. COTTON:
S. 5458. A bill to reduce energy supply shortages and consumer fuel costs by lowering production cost barriers for domestic upstream oil and natural gas producers, providing temporary royalty and tax relief during periods of supply stress, streamlining permitting for additional production, encouraging State severance tax relief, and for other purposes; to the Committee on Energy and Natural Resources.
Submission of Concurrent and Senate Resolutions
Page S4858 · Official textThe following concurrent resolutions and Senate resolutions were read, and referred (or acted upon), as indicated:
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By Ms. CORTEZ MASTO (for herself, Mr. Scott of Florida,
Mr. Gallego, Mr. Lujan, Mr. Kaine, Ms. Warren, Mr.
Heinrich, Mr. Van Hollen, Mr. Booker, Ms. Duckworth,
Mr. Merkley, Mr. Hickenlooper, Mr. Bennet, Ms. Rosen,
Mr. Fetterman, Mr. Padilla, Ms. Klobuchar, Ms.
Baldwin, Ms. Hassan, Mr. Peters, Ms. Smith, Ms.
Hirono, Mr. Schiff, Mr. Wyden, Mrs. Murray, Mr.
Warnock, Mr. Ossoff, Mr. Markey, Mrs. Moody, Mr.
Reed, Mr. Warner, Mr. Schatz, Mrs. Shaheen, and Mr.
Kelly):
S. Res. 870. A resolution recognizing Hispanic Heritage Month and celebrating the heritage and culture of Latinos in the United States and the immense contributions of Latinos to the United States; considered and agreed to.
By Mrs. MOODY (for herself and Ms. Collins):
S. Res. 871. A resolution supporting the goals and ideals of National Purple Heart Recognition Day; considered and agreed to.
By Mr. BOOKER (for himself and Mr. Tillis):
S. Res. 872. A resolution celebrating the 65th anniversary of the establishment of the Peace Corps, and commending its volunteers and contributions to global peace, friendship, and development; to the Committee on Foreign Relations.
By Mr. PAUL:
S. Con. Res. 40. A concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2027 and setting forth the appropriate budgetary levels for fiscal years 2028 through 2036; placed on the calendar.
Additional Cosponsors
Pages S4858–S4860 · Official textAt the request of Mr. Hawley, the name of the Senator from Nevada (Ms. Rosen) was added as a cosponsor of S. 844, a bill to accelerate workplace time-to-contract under the National Labor Relations Act. At the request of Mr. Kaine, the name of the Senator from Massachusetts (Ms. Warren) was added as a cosponsor of S. 864, a bill to amend title XXVII of the Public Health Service Act to apply financial assistance towards the cost-sharing requirements of health insurance plans, and for other purposes. At the request of Mr. Rounds, the name of the Senator from South Carolina (Ms. Graham) was added as a cosponsor of S. 903, a bill to amend the Defense Production Act of 1950 to require the Committee on Foreign Investment in the United States to review and prohibit certain transactions relating to agriculture. At the request of Mr. Kennedy, the names of the Senator from Maryland (Ms. Alsobrooks) and the Senator from West Virginia (Mrs. Capito) were added as cosponsors of S. 1454, a bill to amend the Animal Welfare Act to provide for greater protection of roosters, and for other purposes. At the request of Mrs. Britt, the name of the Senator from Texas (Mr. Cruz) was added as a cosponsor of S. 1630, a bill to amend the Public Health Service Act to provide more opportunities for mothers to succeed, and for other purposes. At the request of Mrs. Murray, the name of the Senator from Delaware (Ms. Blunt Rochester) was added as a cosponsor of S. 1663, a bill to prohibit commercial sexual orientation conversion therapy, and for other purposes. At the request of Mr. Grassley, the names of the Senator from New York (Mr. Schumer), the Senator from Connecticut (Mr. Blumenthal) and the Senator from New York (Mrs. Gillibrand) were added as cosponsors of S. 1792, a bill to prohibit employment discrimination against whistleblowers reporting AI security vulnerabilities or AI violations, and for other purposes. At the request of Ms. Cantwell, the name of the Senator from Nevada (Ms. Cortez Masto) was added as a cosponsor of S. 2042, a bill to provide lasting protection for inventoried roadless areas within the National Forest System. At the request of Ms. Baldwin, the name of the Senator from Alaska (Mr. Sullivan) was added as a cosponsor of S. 2195, a bill to award a Congressional Gold Medal, collectively, to the brave women who served in World War II as members of the U.S. Army Nurse Corps and U.S. Navy Nurse Corps. At the request of Mr. Sullivan, the name of the Senator from Nevada (Ms. Cortez Masto) was added as a cosponsor of S. 2229, a bill to require the Secretary of the Treasury to mint a coin in recognition of the Foreign Service of the United States and its contribution to United States diplomacy. At the request of Mr. Merkley, the name of the Senator from New Jersey (Mr. Booker) was added as a cosponsor of S. 2435, a bill to require that all new washing machines sold or offered for sale in the United States contain a microfiber filtration system, and for other purposes. At the request of Mr. Justice, the name of the Senator from West Virginia (Mrs. Capito) was added as a cosponsor of S. 2612, a bill to amend title XVIII of the Social Security Act to include physical therapists and occupational therapists as health professionals for purposes of the annual wellness visit under the Medicare program, and for other purposes. At the request of Mr. Young, the name of the Senator from Wisconsin (Ms. Baldwin) was added as a cosponsor of S. 2812, a bill to direct the Secretary of Transportation to carry out a national public safety messaging campaign relating to the dangers of illegal passing of stopped school buses, and for other purposes. At the request of Mr. Risch, the name of the Senator from Kansas (Mr. Marshall) was added as a cosponsor of S. 3085, a bill to ensure that certain operations, functions, and services of the Federal Government relating to enforcement of firearms laws and firearm export licensing continue during a lapse in appropriations. At the request of Mr. Schiff, the name of the Senator from Connecticut (Mr. Blumenthal) was added as a cosponsor of S. 3326, a bill to codify in statute the authorization of the Attorney General to appoint experienced immigration law experts as temporary immigration judges to reduce the number of pending cases in immigration courts. At the request of Mr. Blumenthal, the name of the Senator from Arizona (Mr. Gallego) was added as a cosponsor of S. 3654, a bill to improve housing and environmental health and safety protections for members of the Armed Forces and their families residing in military family housing, and for other purposes. At the request of Mr. Cotton, the names of the Senator from Indiana (Mr. Young) and the Senator from Michigan (Ms. Slotkin) were added as cosponsors of S. 3741, a bill to require the Secretary of Commerce to promulgate regulations to improve nucleic acid synthesis security, and for other purposes. At the request of Mr. Cruz, the names of the Senator from Utah (Mr. Curtis) and the Senator from Colorado (Mr. Hickenlooper) were added as cosponsors of S. 3923, a bill to improve the weather research of the National Oceanic and Atmospheric Administration, support improvements in weather forecasting and prediction, and expand commercial opportunities for the provision of weather data. At the request of Ms. Smith, the names of the Senator from Delaware (Ms. Blunt Rochester), the Senator from Hawaii (Ms. Hirono), the Senator from Connecticut (Mr. Murphy) and the Senator from Vermont (Mr. Sanders) were added as cosponsors of S. 3990, a bill to increase access to pre-exposure prophylaxis to reduce the transmission of HIV. At the request of Mr. Cruz, the name of the Senator from Oklahoma (Mr. Lankford) was added as a cosponsor of S. 4009, a bill to provide for the imposition of sanctions with respect to forced organ harvesting within the People's Republic of China, and for other purposes. At the request of Mr. Kelly, the name of the Senator from Michigan (Mr. Peters) was added as a cosponsor of S. 4297, a bill to amend the Internal Revenue Code of 1986 to repeal the tax credit for contributions of individuals to scholarship granting organizations, and for other purposes. At the request of Ms. Ernst, the name of the Senator from New York (Mrs. Gillibrand) was added as a cosponsor of S. 4335, a bill to address the challenges of providing child care opportunities for military families, and for other purposes. At the request of Mrs. Moody, the name of the Senator from Kansas (Mr. Marshall) was added as a cosponsor of S. 4428, a bill to amend the Higher Education Act of 1965 to require the use of an identity fraud detection system in reviewing Free Applications for Federal Student Aid. At the request of Mr. Moreno, the names of the Senator from Arkansas (Mr. Boozman), the Senator from Oklahoma (Mr. Lankford), the Senator from Nevada (Ms. Cortez Masto), the Senator from Minnesota (Ms. Smith) and the Senator from Montana (Mr. Daines) were added as cosponsors of S. 4429, a bill to prohibit the importation, manufacture, sale, resale, or introduction into interstate commerce in the United States of connected vehicles and related software and hardware associated with foreign adversaries. At the request of Mr. Banks, the name of the Senator from New York (Mr. Schumer) was added as a cosponsor of S. 4456, a bill to require the Under Secretary of Commerce for Industry and Security to require a license for the export, reexport, or in-country transfer of certain integrated circuits, and for other purposes. At the request of Ms. Warren, the names of the Senator from New York (Mr. Schumer), the Senator from Illinois (Mr. Durbin), the Senator from Minnesota (Ms. Klobuchar), the Senator from New York (Mrs. Gillibrand), the Senator from Vermont (Mr. Welch) and the Senator from Pennsylvania (Mr. Fetterman) were added as cosponsors of S. 4684, a bill to amend the Consumer Financial Protection Act of 2010 to set a compulsory funding floor for the Bureau of Consumer Financial Protection, and for other purposes. At the request of Mr. Markey, the names of the Senator from New Hampshire (Ms. Hassan), the Senator from Minnesota (Ms. Klobuchar) and the Senator from Arizona (Mr. Gallego) were added as cosponsors of S. 4814, a bill to require the Secretary of Homeland Security to designate Haiti for temporary protected status. At the request of Mr. Armstrong, the name of the Senator from Florida (Mrs. Moody) was added as a cosponsor of S. 4944, a bill to streamline permitting under the Natural Gas Act, the Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969, and for other purposes. At the request of Mr. Husted, the names of the Senator from Maine (Ms. Collins), the Senator from South Carolina (Ms. Graham), the Senator from Arkansas (Mr. Cotton) and the Senator from North Dakota (Mr. Hoeven) were added as cosponsors of S. 5028, a bill to amend the Public Utility Regulatory Policies Act of 1978 to establish a Federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers, and for other purposes. At the request of Mrs. Moody, the name of the Senator from Louisiana (Mr. Kennedy) was added as a cosponsor of S. 5058, a bill to amend title 49, United States Code, to prohibit staged collisions with commercial motor vehicles, and for other purposes. At the request of Mrs. Blackburn, the name of the Senator from South Carolina (Ms. Graham) was added as a cosponsor of S. 5152, a bill to amend title 36, United States Code, to modify the Federal charter of the National Society of the Daughters of the American Revolution to clarify its membership eligibility requirements, and for other purposes. At the request of Ms. Hirono, the name of the Senator from Delaware (Ms. Blunt Rochester) was added as a cosponsor of S. 5189, a bill to amend title 10, United States Code, and the National Defense Authorization Act for Fiscal Year 1994, to codify and clarify gender neutral standards for members of certain Armed Forces, and for other purposes. At the request of Mr. Cruz, the name of the Senator from North Carolina (Mr. Tillis) was added as a cosponsor of S. 5289, a bill to protect the right to the free exercise of religion. At the request of Mrs. Fischer, the name of the Senator from Ohio (Mr. Moreno) was added as a cosponsor of S. 5336, a bill to amend title 49, United States Code, to prohibit liability at common law for failure to manufacture or equip a motor vehicle to an extent that exceeds applicable motor vehicle safety standards, and for other purposes. At the request of Ms. Warren, the name of the Senator from New Jersey (Mr. Booker) was added as a cosponsor of S. 5389, a bill to prevent corruption in banking applications, to prohibit Presidents from owning or controlling banks, and for other purposes. At the request of Mrs. Gillibrand, the name of the Senator from New Jersey (Mr. Booker) was added as a cosponsor of S. 5393, a bill to amend the Fair Labor Standards Act of 1938 to prohibit employers from paying employees in the garment industry by piece rate, to require manufacturers and contractors in the garment industry to register with the Department of Labor, and for other purposes. At the request of Mr. Whitehouse, the name of the Senator from Oregon (Mr. Wyden) was added as a cosponsor of S. 5409, a bill to restore and strengthen the obligation of the Environmental Protection Agency to protect human health and the environment, to halt unlawful deregulatory actions, to require enforcement of the Clean Air Act, and for other purposes. At the request of Mr. Booker, the name of the Senator from Connecticut (Mr. Murphy) was added as a cosponsor of S. 5431, a bill to remove college cost as a barrier to every student having access to a well-prepared and diverse educator workforce, and for other purposes. At the request of Mr.
Merkley, the name of the Senator from Washington (Mrs. Murray) was added as a cosponsor of S. Con. Res. 18, a concurrent resolution recognizing a health and safety emergency disproportionately affecting the fundamental rights of children due to the Trump administration's directives that unleash fossil fuels and greenhouse gas emissions that contribute to climate change, while suppressing climate change science. At the request of Mr. Van Hollen, the name of the Senator from New Jersey (Mr. Kim) was added as a cosponsor of S. Res. 852, a resolution requesting information on Israel's human rights practices pursuant to section 502B(c) of the Foreign Assistance Act of 1961. At the request of Mrs. Blackburn, the names of the Senator from Washington (Ms. Cantwell), the Senator from Delaware (Ms. Blunt Rochester), the Senator from Arkansas (Mr. Boozman), the Senator from Nevada (Ms. Rosen) and the Senator from Oregon (Mr. Wyden) were added as cosponsors of S. Res. 862, a resolution honoring the life and legacy of Dolly Parton, a daughter of Tennessee whose extraordinary contributions to music, philanthropy, literacy, education, health, conservation, and culture enriched the lives of countless Americans. At the request of Mr. Reed, the name of the Senator from New Mexico (Mr. Lujan) was added as a cosponsor of S. Res. 863, a resolution expressing support for designation of the week of September 13 through 19, 2026, as "National Adult Education and Family Literacy Week". At the request of Mr. Merkley, the names of the Senator from New Mexico (Mr. Lujan) and the Senator from Colorado (Mr. Bennet) were added as cosponsors of S. Res. 868, a resolution recognizing September 20, 2026, as "National LGBTQ+ Servicemembers and Veterans Day". At the request of Mr. Kennedy, the name of the Senator from South Carolina (Mr. Scott) was added as a cosponsor of amendment No. 6759 intended to be proposed to S. 4668, a bill to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes. At the request of Ms. Baldwin, the names of the Senator from Hawaii (Mr. Schatz), the Senator from New Jersey (Mr. Booker), the Senator from New York (Mrs. Gillibrand) and the Senator from Illinois (Ms. Duckworth) were added as cosponsors of amendment No. 6785 intended to be proposed to S. 4668, a bill to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes. At the request of Mr. Merkley, the names of the Senator from Connecticut (Mr. Blumenthal), the Senator from New Jersey (Mr. Booker) and the Senator from Rhode Island (Mr. Reed) were added as cosponsors of amendment No. 6790 intended to be proposed to S. 4668, a bill to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes. At the request of Mr. Merkley, the name of the Senator from New Jersey (Mr. Booker) was added as a cosponsor of amendment No. 6793 intended to be proposed to S. 4668, a bill to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes.
Statements on Introduced Bills and Joint Resolutions
Pages S4860–S4861 · Official textMr. Durbin. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
Text printed in the Record (6,675 characters)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Lead-Safe Housing for Kids Act of 2026".
SEC. 2. AMENDMENTS TO THE LEAD-BASED PAINT POISONING
PREVENTION ACT.
Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(a)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph (A), by inserting after "mortgage insurance" the following: ", tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)),";
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
"(4) Additional procedures for families with children under the age of 6.--
"(A) Risk assessment.--
"(i) Definition.--In this subparagraph, the term `covered housing' means target housing, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b), that--
"(I) is covered by an application for mortgage insurance or housing assistance payments under a program administered by the Secretary; or
"(II) otherwise receives more than $5,000 in project-based assistance under a Federal housing program.
"(ii) Regulations.--Not later than 1 year after the date of enactment of the Lead-Safe Housing for Kids Act of 2026, the Secretary shall promulgate regulations that--
"(I) require the owner of covered housing in which a family with a child of less than 6 years of age will reside or is expected to reside to conduct an initial risk assessment for lead-based paint hazards--
"(aa) in the case of covered housing receiving tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), not later than 15 days after the date on which the family and the owner submit a request for approval of a tenancy or lease renewal, whichever occurs first;
"(bb) in the case of covered housing receiving public housing assistance under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), not later than 15 days after the date on which a physical condition inspection occurs; and
"(cc) in the case of covered housing not described in item (aa) or (bb), not later than a date established by the Secretary;
"(II) provide that a visual assessment alone is not sufficient for purposes of complying with subclause (I);
"(III) require that, if lead-based paint hazards are identified by an initial risk assessment conducted under subclause (I), the owner of the covered housing shall--
"(aa) not later than 30 days after the date on which the initial risk assessment is conducted, control the lead-based paint hazards, including achieving clearance in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682, 2684), as applicable; and
"(bb) in accessible and alternative formats consistent with the requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), provide notice to all residents in the covered housing affected by the initial risk assessment, and provide notice in the common areas of the covered housing, that lead-based paint hazards were identified and will be controlled within the 30-day period described in item (aa); and
"(IV) provide that there shall be no extension of the 30-day period described in subclause (III)(aa).
"(iii) Exceptions.--The regulations promulgated under clause (ii) shall provide an exception to the requirement under subclause (I) of such clause for covered housing--
"(I) if the owner of the covered housing submits to the Secretary documentation--
"(aa) that the owner conducted a risk assessment of the covered housing for lead-based paint hazards during the 12-month period preceding the date on which the family is expected to reside in the covered housing; and
"(bb) of any clearance examinations of lead-based paint hazard control work resulting from the risk assessment described in item (aa) that show that the housing passed the clearance examination;
"(II)(aa) if a lead-based paint inspection of the covered housing determined that lead-based paint was not present in the covered housing; or
"(bb) from which all lead-based paint has been identified and removed and clearance has been achieved in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682, 2684) or under this section, as applicable;
"(III) if--
"(aa) lead-based paint hazards are identified in the dwelling unit in the covered housing in which the family will reside or is expected to reside;
"(bb) the dwelling unit is unoccupied;
"(cc) the owner of the covered housing, without any further delay in occupancy or increase in rent, provides the family with another dwelling unit in the covered housing that has no lead-based paint hazards; and
"(dd) the common areas servicing the new dwelling unit have no lead-based paint hazards; and
"(IV) in accordance with any other standard or exception the Secretary deems appropriate based on health-based standards.
"(B) Relocation.--
"(i) In general.--Not later than 1 year after the date of enactment of the Lead-Safe Housing for Kids Act of 2026, the Secretary shall promulgate regulations to provide that a family with a child of less than 6 years of age that occupies a dwelling unit in covered housing in which lead-based paint hazards were identified, but not controlled in accordance with regulations required under subparagraph (A)(ii), may relocate on an emergency basis and without placement on any waitlist, penalty (including rent payments to be made for that dwelling unit), or lapse in assistance to a dwelling unit that--
"(I) was constructed in 1978 or later; or
"(II) is in covered housing that has no lead-based paint hazards.
"(ii) Requirements.--Relocation described in clause (i) shall be performed consistent with the standards set forth under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and any other applicable Federal civil rights, fair housing, and nondiscrimination laws.".
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the amendments made by section 2 such sums as may be necessary for each of fiscal years 2027 through 2031.
Introductory Statement on S. 5455
Pages S4860–S4861 · Official textMr. Durbin. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
Text printed in the Record (6,675 characters)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Lead-Safe Housing for Kids Act of 2026".
SEC. 2. AMENDMENTS TO THE LEAD-BASED PAINT POISONING
PREVENTION ACT.
Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(a)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph (A), by inserting after "mortgage insurance" the following: ", tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)),";
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
"(4) Additional procedures for families with children under the age of 6.--
"(A) Risk assessment.--
"(i) Definition.--In this subparagraph, the term `covered housing' means target housing, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b), that--
"(I) is covered by an application for mortgage insurance or housing assistance payments under a program administered by the Secretary; or
"(II) otherwise receives more than $5,000 in project-based assistance under a Federal housing program.
"(ii) Regulations.--Not later than 1 year after the date of enactment of the Lead-Safe Housing for Kids Act of 2026, the Secretary shall promulgate regulations that--
"(I) require the owner of covered housing in which a family with a child of less than 6 years of age will reside or is expected to reside to conduct an initial risk assessment for lead-based paint hazards--
"(aa) in the case of covered housing receiving tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), not later than 15 days after the date on which the family and the owner submit a request for approval of a tenancy or lease renewal, whichever occurs first;
"(bb) in the case of covered housing receiving public housing assistance under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), not later than 15 days after the date on which a physical condition inspection occurs; and
"(cc) in the case of covered housing not described in item (aa) or (bb), not later than a date established by the Secretary;
"(II) provide that a visual assessment alone is not sufficient for purposes of complying with subclause (I);
"(III) require that, if lead-based paint hazards are identified by an initial risk assessment conducted under subclause (I), the owner of the covered housing shall--
"(aa) not later than 30 days after the date on which the initial risk assessment is conducted, control the lead-based paint hazards, including achieving clearance in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682, 2684), as applicable; and
"(bb) in accessible and alternative formats consistent with the requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), provide notice to all residents in the covered housing affected by the initial risk assessment, and provide notice in the common areas of the covered housing, that lead-based paint hazards were identified and will be controlled within the 30-day period described in item (aa); and
"(IV) provide that there shall be no extension of the 30-day period described in subclause (III)(aa).
"(iii) Exceptions.--The regulations promulgated under clause (ii) shall provide an exception to the requirement under subclause (I) of such clause for covered housing--
"(I) if the owner of the covered housing submits to the Secretary documentation--
"(aa) that the owner conducted a risk assessment of the covered housing for lead-based paint hazards during the 12-month period preceding the date on which the family is expected to reside in the covered housing; and
"(bb) of any clearance examinations of lead-based paint hazard control work resulting from the risk assessment described in item (aa) that show that the housing passed the clearance examination;
"(II)(aa) if a lead-based paint inspection of the covered housing determined that lead-based paint was not present in the covered housing; or
"(bb) from which all lead-based paint has been identified and removed and clearance has been achieved in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682, 2684) or under this section, as applicable;
"(III) if--
"(aa) lead-based paint hazards are identified in the dwelling unit in the covered housing in which the family will reside or is expected to reside;
"(bb) the dwelling unit is unoccupied;
"(cc) the owner of the covered housing, without any further delay in occupancy or increase in rent, provides the family with another dwelling unit in the covered housing that has no lead-based paint hazards; and
"(dd) the common areas servicing the new dwelling unit have no lead-based paint hazards; and
"(IV) in accordance with any other standard or exception the Secretary deems appropriate based on health-based standards.
"(B) Relocation.--
"(i) In general.--Not later than 1 year after the date of enactment of the Lead-Safe Housing for Kids Act of 2026, the Secretary shall promulgate regulations to provide that a family with a child of less than 6 years of age that occupies a dwelling unit in covered housing in which lead-based paint hazards were identified, but not controlled in accordance with regulations required under subparagraph (A)(ii), may relocate on an emergency basis and without placement on any waitlist, penalty (including rent payments to be made for that dwelling unit), or lapse in assistance to a dwelling unit that--
"(I) was constructed in 1978 or later; or
"(II) is in covered housing that has no lead-based paint hazards.
"(ii) Requirements.--Relocation described in clause (i) shall be performed consistent with the standards set forth under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and any other applicable Federal civil rights, fair housing, and nondiscrimination laws.".
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the amendments made by section 2 such sums as may be necessary for each of fiscal years 2027 through 2031.
Senate Resolution 870--Recognizing Hispanic Heritage Month and Celebrating the Heritage and Culture of Latinos in the United States and the Immense Contributions of Latinos to the United States
Pages S4861–S4862 · Official textMs. CORTEZ MASTO (for herself, Mr. Scott of Florida, Mr. Gallego, Mr. Lujan, Mr. Kaine, Ms. Warren, Mr. Heinrich, Mr. Van Hollen, Mr. Booker, Ms. Duckworth, Mr. Merkley, Mr. Hickenlooper, Mr. Bennet, Ms. Rosen, Mr. Fetterman, Mr. Padilla, Ms. Klobuchar, Ms. Baldwin, Ms. Hassan, Mr. Peters, Ms. Smith, Ms. Hirono, Mr. Schiff, Mr. Wyden, Mrs. Murray, Mr. Warnock, Mr. Ossoff, Mr. Markey, Mrs. Moody, Mr. Reed, Mr. Warner, Mr. Schatz, Mrs. Shaheen, and Mr. Kelly) submitted the following resolution; which was considered and agreed to:
Text printed in the Record (5,554 characters)
Whereas, from September 15, 2026, through October 15, 2026, the United States celebrates Hispanic Heritage Month;
Whereas the Bureau of the Census estimates the Hispanic population living in the 50 States and the Commonwealth of Puerto Rico at more than 70,100,000 people, making Hispanic Americans approximately 21 percent of the total population of the United States and the largest racial or ethnic minority group in the United States;
Whereas, in 2025, there were 1,000,000 or more Hispanic residents in the Commonwealth of Puerto Rico and in each of the States of Arizona, California, Colorado, Florida, Georgia, Illinois, Massachusetts, Nevada, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Texas, Virginia, and Washington;
Whereas, in 2024, the Hispanic population in the United States reached almost double its size compared to 2000;
Whereas, from 2000 to 2024, Hispanics grew the population of the United States by 32,710,000 individuals, accounting for more than \1/2\ of the total population growth of the United States during that period;
Whereas, in 2023, the Latino population in the United States was projected to increase by nearly 8 percent by 2060;
Whereas, in 2022, approximately 19,000,000 children, or 26 percent of all children, in the United States were Hispanic;
Whereas, in 2022, 29 percent of public school students in the United States were Latino, and, in 2021, 9 percent of kindergarten through 12th grade teachers were Latino;
Whereas, by 2041, the number of Hispanic high school graduates is expected to grow by 16 percent;
Whereas, in 2024, approximately 21 percent of Latinos aged 25 or older held a bachelor's degree or more education;
Whereas, as of 2021, an estimated nearly 2,500,000 Latinos in the United States held advanced degrees;
Whereas an estimated 16,573,000 or 51 percent of eligible Hispanic voters in the United
States reported they voted in the election of November 2024;
Whereas, in 2026, more than 36,000,000 Latinos are eligible to vote in the United States;
Whereas, measured by gross domestic product, the economy of Latinos in the United States ranked as the fourth largest in the world in 2024;
Whereas, as of 2023, Latino-owned businesses have created nearly \2/3\ of all new jobs in the United States and contributed more than $100,000,000,000 in annual payroll;
Whereas, in 2024, Latinos in the United States contributed approximately $4,400,000,000,000 to the gross domestic product;
Whereas, as of 2025, Latinos have accounted for approximately 31 percent of the growth of the gross domestic product of the United States since 2019;
Whereas, between 2017 and 2022, Latino employers in the United States increased by 44.4 percent;
Whereas, in 2022, Latino individuals owned 7.9 percent of all employer businesses in the United States;
Whereas, as of 2023, Latino workers represented approximately 19.1 percent of the total civilian labor force of the United States, and, as a result of Latinos experiencing the fastest population growth of all race and ethnicity groups in the United States, the rate of Latino participation in the labor force is expected to grow;
Whereas, as of 2026, 66.4 percent of all Latinos in the United States participate in the labor force;
Whereas, from 2010 to 2024, the workforce of Latinos in the United States increased by a total of 46.5 percent;
Whereas Hispanic Americans serve in all branches of the Armed Forces and have fought bravely in every war in the history of the United States since the American Revolution;
Whereas, as of 2024--
(1) more than 257,842 Hispanic members of the Armed Forces served on active duty; and
(2) there were approximately 1,336,206 Hispanic veterans of the Armed Forces, including approximately 163,264 Latinas;
Whereas, as of 2023, Hispanic or Latino veterans made up 8 percent of the total veteran population in the United States;
Whereas, in the Korean War, the 65th Infantry Regiment of the Commonwealth of Puerto Rico, known as the "Borinqueneers," was the only active duty, segregated Latino military unit in the history of the United States and earned more than 2,700 Purple Hearts, 9 Distinguished Service Crosses, and a Congressional Gold Medal for their service;
Whereas more than 60 Hispanic Americans have received the Congressional Medal of Honor, the highest award for valor in action against an enemy force bestowed on an individual serving in the Armed Forces;
Whereas, in 2020, Congress established the National Museum of the American Latino, which, when complete, will display the achievements, diversity, and legacy of the Hispanic community in the United States;
Whereas Hispanic Americans are dedicated public servants, holding posts at the highest levels of the Government of the United States, including 1 seat on the Supreme Court, 6 seats in the Senate, and 50 seats in the House of Representatives; and
Whereas Hispanic Americans harbor a deep commitment to family and community, an enduring work ethic, and a perseverance to succeed and contribute to society: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the celebration of Hispanic Heritage Month from September 15, 2026, through October 15, 2026;
(2) esteems the integral role of Latinos and the manifold heritages of Latinos in the economy, culture, and identity of the United States; and
(3) urges the people of the United States to observe Hispanic Heritage Month with appropriate programs and activities that celebrate the contributions of Latinos to the United States.
Senate Resolution 871--Supporting the Goals and Ideals of National Purple Heart Recognition Day
Page S4862 · Official textSENATE RESOLUTION 871--SUPPORTING THE GOALS AND IDEALS OF NATIONAL PURPLE HEART RECOGNITION DAY Mrs. MOODY (for herself and Ms. Collins) submitted the following resolution; which was considered and agreed to:
Text printed in the Record (1,515 characters)
Whereas, on August 7, 1782, during the Revolutionary War, General George Washington established what is now known as the Purple Heart Medal when he issued an order establishing the Badge of Military Merit;
Whereas the Badge of Military Merit was designed in the shape of a heart in purple cloth or silk;
Whereas, while the award of the Badge of Military Merit ceased with the end of the Revolutionary War, the Purple Heart Medal was authorized in 1932 as the official successor decoration to the Badge of Military Merit;
Whereas the Purple Heart Medal is the oldest United States military decoration in present use;
Whereas the Purple Heart Medal is awarded in the name of the President of the United States to recognize members of the Armed Forces who are killed or wounded in action against an enemy of the United States or are killed or wounded while held as prisoners of war;
Whereas the Purple Heart Medal has been awarded to more than 1,800,000 recipients; and
Whereas August 7, 2026, is an appropriate day to celebrate as National Purple Heart Recognition Day: Now, therefore, be it
Resolved, That the Senate--
(1) supports the goals and ideals of National Purple Heart Recognition Day; and
(2) encourages all people of the United States--
(A) to learn about the history of the Purple Heart Medal;
(B) to honor recipients of the Purple Heart Medal; and
(C) to conduct appropriate ceremonies, activities, and programs to demonstrate support for people who have been awarded the Purple Heart Medal.
Senate Resolution 872--Celebrating the 65th Anniversary of the Establishment of the Peace Corps, and Commending Its Volunteers and Contributions to Global Peace, Friendship, and Development
Page S4862 · Official textMr. BOOKER (for himself and Mr. Tillis) submitted the following resolution; which was referred to the Committee on Foreign Relations:
Text printed in the Record (2,100 characters)
Whereas on March 1, 1961, President John F. Kennedy issued his historic call to service and established the Peace Corps, launching a new era of American volunteerism abroad;
Whereas over the past 65 years, nearly 250,000 Americans have served as Peace Corps volunteers in 144 countries, fostering people-to-people diplomacy in areas such as education, health, agriculture, environment, youth in development, and community economic development;
Whereas the Peace Corps continues to exemplify "the toughest job you'll ever love", building sustainable partnerships and strengthening communities around the world;
Whereas the Peace Corps has enhanced global perceptions of the United States by demonstrating American values through service, humility, cultural exchange, and partnership rather than through political or military means;
Whereas returned Peace Corps volunteers bring home invaluable linguistic, cultural, and technical skills that strengthen the United States workforce, expand America's global competency, and enhance the Nation's diplomatic and economic competitiveness;
Whereas the Peace Corps has contributed to United States national security by strengthening international stability, promoting economic growth, and addressing root causes of conflict through education, empowerment, and community development;
Whereas Peace Corps volunteers have exemplified American leadership through volunteerism, generosity, and service to others; and
Whereas Peace Corps service has inspired generations of Americans to pursue careers in public service, education, economic development, diplomacy, and health, creating a lasting pipeline of globally minded civic leaders; Now, therefore, be it
Resolved, That the Senate--
(1) celebrates the 65th anniversary of the founding of the Peace Corps;
(2) honors the nearly 250,000 individuals who have served as Peace Corps volunteers for their dedication to peace, friendship, and community-driven development; and
(3) commends the Peace Corps' enduring mission to put purpose, passion, and skills to work for the United States and the world.
Senate Concurrent Resolution 40--Setting Forth the Congressional Budget for the United States Government for Fiscal Year 2027 and Setting Forth the Appropriate Budgetary Levels for Fiscal Years...
Pages S4862–S4867 · Official textTHE APPROPRIATE BUDGETARY LEVELS FOR FISCAL YEARS 2028 THROUGH 2036 Mr. PAUL submitted the following concurrent resolution; which was placed on the calendar:
Text printed in the Record (11,996 characters)
Resolved by the Senate (the House of Representatives concurring),
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 2027.
(a) Declaration.--Congress declares that this resolution is the concurrent resolution on the budget for fiscal year 2027 and that this resolution sets forth the appropriate budgetary levels for fiscal years 2028 through 2036.
(b) Table of Contents.--The table of contents for this concurrent resolution is as follows:
Sec. 1. Concurrent resolution on the budget for fiscal year 2027.
Sec. 1101. Recommended levels and amounts. Sec. 1102. Major functional categories.
Sec. 1201. Social Security in the Senate. Sec. 1202. Postal Service discretionary administrative expenses in the Senate.
Sec. 2001. Enforcement filing. Sec. 2002. Budgetary treatment of administrative expenses. Sec. 2003. Application and effect of changes in allocations, aggregates, and other budgetary levels. Sec. 2004. Adjustments to reflect changes in concepts and definitions. Sec. 2005. Adjustment for changes in the baseline. Sec. 2006. Emergency requirements in the House of Representatives. Sec. 2007. Additional adjustments in the House of Representatives. Sec. 2008. Exercise of rulemaking powers.
SEC. 1101. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for each of fiscal years 2027 through 2036:
(1) Federal revenues.--For purposes of the enforcement of this resolution:
(A) The recommended levels of Federal revenues are as follows:
Fiscal year 2027: $4,481,487,000,000.
Fiscal year 2028: $4,613,874,000,000.
Fiscal year 2029: $4,804,166,000,000.
Fiscal year 2030: $5,019,004,000,000.
Fiscal year 2031: $5,231,798,000,000.
Fiscal year 2032: $5,430,293,000,000.
Fiscal year 2033: $5,629,428,000,000.
Fiscal year 2034: $5,843,060,000,000.
Fiscal year 2035: $6,079,841,000,000.
Fiscal year 2036: $6,340,095,000,000.
(B) The amounts by which the aggregate levels of Federal revenues should be changed are as follows:
Fiscal year 2027: $0.
Fiscal year 2028: $0.
Fiscal year 2029: $0.
Fiscal year 2030: $0.
Fiscal year 2031: $0.
Fiscal year 2032: $0.
Fiscal year 2033: $0.
Fiscal year 2034: $0.
Fiscal year 2035: $0.
Fiscal year 2036: $0.
(2) New budget authority.--For purposes of the enforcement of this resolution, the appropriate levels of total new budget authority are as follows:
Fiscal year 2027: $5,806,170,000,000.
Fiscal year 2028: $5,720,348,000,000.
Fiscal year 2029: $5,526,176,000,000.
Fiscal year 2030: $5,448,741,000,000.
Fiscal year 2031: $5,267,488,000,000.
Fiscal year 2032: $5,487,231,000,000.
Fiscal year 2033: $5,667,265,000,000.
Fiscal year 2034: $5,918,911,000,000.
Fiscal year 2035: $6,201,985,000,000.
Fiscal year 2036: $6,427,208,000,000.
(3) Budget outlays.--For purposes of the enforcement of this resolution, the appropriate levels of total budget outlays are as follows:
Fiscal year 2027: $5,841,766,000,000.
Fiscal year 2028: $5,780,296,000,000.
Fiscal year 2029: $5,494,773,000,000.
Fiscal year 2030: $5,429,095,000,000.
Fiscal year 2031: $5,231,798,000,000.
Fiscal year 2032: $5,430,293,000,000.
Fiscal year 2033: $5,629,428,000,000.
Fiscal year 2034: $5,843,060,000,000.
Fiscal year 2035: $6,079,841,000,000.
Fiscal year 2036: $6,340,095,000,000.
(4) Deficits.--For purposes of the enforcement of this resolution, the amounts of the deficits are as follows:
Fiscal year 2027: $1,360,279,000,000.
Fiscal year 2028: $1,166,422,000,000.
Fiscal year 2029: $690,607,000,000.
Fiscal year 2030: $410,091,000,000.
Fiscal year 2031: $0.
Fiscal year 2032: $0.
Fiscal year 2033: $0.
Fiscal year 2034: $0.
Fiscal year 2035: $0.
Fiscal year 2036: $0.
(5) Public debt.--Pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)(5)), the appropriate levels of the public debt are as follows:
Fiscal year 2027: $40,969,310,000,000.
Fiscal year 2028: $42,341,880,000,000.
Fiscal year 2029: $43,219,070,000,000.
Fiscal year 2030: $43,784,051,000,000.
Fiscal year 2031: $43,929,405,000,000.
Fiscal year 2032: $44,212,467,000,000.
Fiscal year 2033: $44,830,258,000,000.
Fiscal year 2034: $45,528,038,000,000.
Fiscal year 2035: $46,349,312,000,000.
Fiscal year 2036: $47,149,557,000,000.
(6) Debt held by the public.--The appropriate levels of debt held by the public are as follows:
Fiscal year 2027: $33,695,231,000,000.
Fiscal year 2028: $35,137,494,000,000.
Fiscal year 2029: $36,129,414,000,000.
Fiscal year 2030: $36,871,696,000,000.
Fiscal year 2031: $37,239,568,000,000.
Fiscal year 2032: $37,654,628,000,000.
Fiscal year 2033: $38,095,015,000,000.
Fiscal year 2034: $38,563,172,000,000.
Fiscal year 2035: $39,066,678,000,000.
Fiscal year 2036: $39,608,490,000,000.
SEC. 1102. MAJOR FUNCTIONAL CATEGORIES.
Congress determines and declares that the appropriate levels of new budget authority and outlays for fiscal years 2027 through 2036 for each major functional category are:
(1) National Defense (050):
Fiscal year 2027:
(A) New budget authority, $955,085,000,000.
(B) Outlays, $978,947,000,000.
Fiscal year 2028:
(A) New budget authority, $982,359,000,000.
(B) Outlays, $992,690,000,000.
Fiscal year 2029:
(A) New budget authority, $1,007,889,000,000.
(B) Outlays, $996,559,000,000.
Fiscal year 2030:
(A) New budget authority, $1,029,810,000,000.
(B) Outlays, $1,015,126,000,000.
Fiscal year 2031:
(A) New budget authority, $1,053,576,000,000.
(B) Outlays, $1,030,291,000,000.
Fiscal year 2032:
(A) New budget authority, $1,079,344,000,000.
(B) Outlays, $1,048,606,000,000.
Fiscal year 2033:
(A) New budget authority, $1,105,691,000,000.
(B) Outlays, $1,081,405,000,000.
Fiscal year 2034:
(A) New budget authority, $1,131,379,000,000.
(B) Outlays, $1,097,992,000,000.
Fiscal year 2035:
(A) New budget authority, $1,157,331,000,000.
(B) Outlays, $1,112,803,000,000.
Fiscal year 2036:
(A) New budget authority, $1,184,416,000,000.
(B) Outlays, $1,148,892,000,000.
(2) International Affairs (150):
Fiscal year 2027:
(A) New budget authority, $60,346,000,000.
(B) Outlays, $50,221,000,000.
Fiscal year 2028:
(A) New budget authority, $62,670,000,000.
(B) Outlays, $53,816,000,000.
Fiscal year 2029:
(A) New budget authority, $65,885,000,000.
(B) Outlays, $61,625,000,000.
Fiscal year 2030:
(A) New budget authority, $67,295,000,000.
(B) Outlays, $62,196,000,000.
Fiscal year 2031:
(A) New budget authority, $68,779,000,000.
(B) Outlays, $63,496,000,000.
Fiscal year 2032:
(A) New budget authority, $70,272,000,000.
(B) Outlays, $64,937,000,000.
Fiscal year 2033:
(A) New budget authority, $71,782,000,000.
(B) Outlays, $66,509,000,000.
Fiscal year 2034:
(A) New budget authority, $73,349,000,000.
(B) Outlays, $67,971,000,000.
Fiscal year 2035:
(A) New budget authority, $74,913,000,000.
(B) Outlays, $69,451,000,000.
Fiscal year 2036:
(A) New budget authority, $76,562,000,000.
(B) Outlays, $70,914,000,000.
(3) General Science, Space, and Technology (250):
Fiscal year 2027:
(A) New budget authority, $42,383,000,000.
(B) Outlays, $44,604,000,000.
Fiscal year 2028:
(A) New budget authority, $43,346,000,000.
(B) Outlays, $44,665,000,000.
Fiscal year 2029:
(A) New budget authority, $44,317,000,000.
(B) Outlays, $45,250,000,000.
Fiscal year 2030:
(A) New budget authority, $45,255,000,000.
(B) Outlays, $44,932,000,000.
Fiscal year 2031:
(A) New budget authority, $46,239,000,000.
(B) Outlays, $44,982,000,000.
Fiscal year 2032:
(A) New budget authority, $47,230,000,000.
(B) Outlays, $45,791,000,000.
Fiscal year 2033:
(A) New budget authority, $48,222,000,000.
(B) Outlays, $46,754,000,000.
Fiscal year 2034:
(A) New budget authority, $49,249,000,000.
(B) Outlays, $47,750,000,000.
Fiscal year 2035:
(A) New budget authority, $50,288,000,000.
(B) Outlays, $48,768,000,000.
Fiscal year 2036:
(A) New budget authority, $51,371,000,000.
(B) Outlays, $49,807,000,000.
(4) Energy (270):
Fiscal year 2027:
(A) New budget authority, $22,037,000,000.
(B) Outlays, $26,556,000,000.
Fiscal year 2028:
(A) New budget authority, $19,254,000,000.
(B) Outlays, $27,302,000,000.
Fiscal year 2029:
(A) New budget authority, $19,067,000,000.
(B) Outlays, $25,974,000,000.
Fiscal year 2030:
(A) New budget authority, $18,036,000,000.
(B) Outlays, $21,993,000,000.
Fiscal year 2031:
(A) New budget authority, $17,812,000,000.
(B) Outlays, $18,225,000,000.
Fiscal year 2032:
(A) New budget authority, $19,580,000,000.
(B) Outlays, $18,269,000,000.
Fiscal year 2033:
(A) New budget authority, $19,831,000,000.
(B) Outlays, $18,011,000,000.
Fiscal year 2034:
(A) New budget authority, $20,154,000,000.
(B) Outlays, $18,262,000,000.
Fiscal year 2035:
(A) New budget authority, $20,772,000,000.
(B) Outlays, $18,817,000,000.
Fiscal year 2036:
(A) New budget authority, $21,304,000,000.
(B) Outlays, $19,283,000,000.
(5) Natural Resources and Environment (300):
Fiscal year 2027:
(A) New budget authority, $67,830,000,000.
(B) Outlays, $77,459,000,000.
Fiscal year 2028:
(A) New budget authority, $69,086,000,000.
(B) Outlays, $77,893,000,000.
Fiscal year 2029:
(A) New budget authority, $69,959,000,000.
(B) Outlays, $77,970,000,000.
Fiscal year 2030:
(A) New budget authority, $70,257,000,000.
(B) Outlays, $75,843,000,000.
Fiscal year 2031:
(A) New budget authority, $71,477,000,000.
(B) Outlays, $75,005,000,000.
Fiscal year 2032:
(A) New budget authority, $72,684,000,000.
(B) Outlays, $74,386,000,000.
Fiscal year 2033:
(A) New budget authority, $74,618,000,000.
(B) Outlays, $75,378,000,000.
Fiscal year 2034:
(A) New budget authority, $76,513,000,000.
(B) Outlays, $74,748,000,000.
Fiscal year 2035:
(A) New budget authority, $77,417,000,000.
(B) Outlays, $75,511,000,000.
Fiscal year 2036:
(A) New budget authority, $79,379,000,000.
(B) Outlays, $76,948,000,000.
(6) Agriculture (350):
Fiscal year 2027:
(A) New budget authority, $41,847,000,000.
(B) Outlays, $50,233,000,000.
Fiscal year 2028:
(A) New budget authority, $41,600,000,000.
(B) Outlays, $46,906,000,000.
Fiscal year 2029:
(A) New budget authority, $41,499,000,000.
(B) Outlays, $41,828,000,000.
Fiscal year 2030:
(A) New budget authority, $39,255,000,000.
(B) Outlays, $38,754,000,000.
Fiscal year 2031:
(A) New budget authority, $39,267,000,000.
(B) Outlays, $38,063,000,000.
Fiscal year 2032:
(A) New budget authority, $39,994,000,000.
(B) Outlays, $38,476,000,000.
Fiscal year 2033:
(A) New budget authority, $40,606,000,000.
(B) Outlays, $39,517,000,000.
Fiscal year 2034:
(A) New budget authority, $40,870,000,000.
(B) Outlays, $40,249,000,000.
Fiscal year 2035:
(A) New budget authority, $41,269,000,000.
(B) Outlays, $41,042,000,000.
Fiscal year 2036:
(A) New budget authority, $41,827,000,000.
(B) Outlays, $41,211,000,000.
(7) Commerce and Housing Credit (370):
Fiscal year 2027:
(A) New budget authority, $25,633,000,000.
(B) Outlays, $1,626,000,000.
Fiscal year 2028:
(A) New budget authority, -$57,105,000,000.
(B) Outlays, -$82,333,000,000.
Fiscal year 2029:
(A) New budget authority, $27,701,000,000.
(B) Outlays, $8,112,000,000.
Fiscal year 2030:
(A) New budget authority, $26,621,000,000.
(B) Outlays, $4,237,000,000.
Fiscal year 2031:
(A) New budget authority, $26,516,000,000.
(B) Outlays, $2,212,000,000.
Fiscal year 2032:
(A) New budget authority, $26,534,000,000.
(B) Outlays, $848,000,000.
Fiscal year 2033:
(A) New budget authority, $20,492,000,000.
(B) Outlays, -$6,635,000,000.
Fiscal year 2034:
(A) New budget authority, $29,326,000,000.
(B) Outlays, $284,000,000.
Fiscal year 2035:
(A) New budget authority, $29,727,000,000.
(B) Outlays, -$853,000,000.
Fiscal year 2036:
(A) New budget authority, $30,424,000,000.
(B) Outlays, -$2,080,000,000.
(8) Transportation (400):
Fiscal year 2027:
(A) New budget authority, $166,534,000,000.
(B) Outlays, $163,408,000,000.
Fiscal year 2028:
(A) New budget authority,
Text printed in the Record (11,972 characters)
$169,908,000,000.
(B) Outlays, $170,876,000,000.
Fiscal year 2029:
(A) New budget authority, $171,775,000,000.
(B) Outlays, $173,510,000,000.
Fiscal year 2030:
(A) New budget authority, $170,989,000,000.
(B) Outlays, $173,079,000,000.
Fiscal year 2031:
(A) New budget authority, $173,090,000,000.
(B) Outlays, $175,852,000,000.
Fiscal year 2032:
(A) New budget authority, $178,360,000,000.
(B) Outlays, $181,371,000,000.
Fiscal year 2033:
(A) New budget authority, $180,675,000,000.
(B) Outlays, $184,337,000,000.
Fiscal year 2034:
(A) New budget authority, $183,042,000,000.
(B) Outlays, $186,059,000,000.
Fiscal year 2035:
(A) New budget authority, $185,346,000,000.
(B) Outlays, $188,036,000,000.
Fiscal year 2036:
(A) New budget authority, $187,775,000,000.
(B) Outlays, $192,319,000,000.
(9) Community and Regional Development (450):
Fiscal year 2027:
(A) New budget authority, $41,195,000,000.
(B) Outlays, $66,116,000,000.
Fiscal year 2028:
(A) New budget authority, $41,946,000,000.
(B) Outlays, $63,807,000,000.
Fiscal year 2029:
(A) New budget authority, $42,857,000,000.
(B) Outlays, $55,194,000,000.
Fiscal year 2030:
(A) New budget authority, $43,734,000,000.
(B) Outlays, $49,744,000,000.
Fiscal year 2031:
(A) New budget authority, $44,625,000,000.
(B) Outlays, $47,110,000,000.
Fiscal year 2032:
(A) New budget authority, $45,494,000,000.
(B) Outlays, $45,585,000,000.
Fiscal year 2033:
(A) New budget authority, $46,332,000,000.
(B) Outlays, $44,128,000,000.
Fiscal year 2034:
(A) New budget authority, $47,237,000,000.
(B) Outlays, $43,653,000,000.
Fiscal year 2035:
(A) New budget authority, $48,218,000,000.
(B) Outlays, $43,582,000,000.
Fiscal year 2036:
(A) New budget authority, $49,251,000,000.
(B) Outlays, $44,176,000,000.
(10) Education, Training, Employment, and Social Services (500):
Fiscal year 2027:
(A) New budget authority, $136,286,000,000.
(B) Outlays, $139,557,000,000.
Fiscal year 2028:
(A) New budget authority, $138,324,000,000.
(B) Outlays, $136,177,000,000.
Fiscal year 2029:
(A) New budget authority, $140,974,000,000.
(B) Outlays, $138,114,000,000.
Fiscal year 2030:
(A) New budget authority, $143,692,000,000.
(B) Outlays, $140,448,000,000.
Fiscal year 2031:
(A) New budget authority, $146,554,000,000.
(B) Outlays, $143,133,000,000.
Fiscal year 2032:
(A) New budget authority, $149,749,000,000.
(B) Outlays, $146,147,000,000.
Fiscal year 2033:
(A) New budget authority, $152,984,000,000.
(B) Outlays, $149,233,000,000.
Fiscal year 2034:
(A) New budget authority, $155,900,000,000.
(B) Outlays, $152,119,000,000.
Fiscal year 2035:
(A) New budget authority, $158,838,000,000.
(B) Outlays, $155,006,000,000.
Fiscal year 2036:
(A) New budget authority, $161,864,000,000.
(B) Outlays, $157,933,000,000.
(11) Health (550):
Fiscal year 2027:
(A) New budget authority, $1,012,489,000,000.
(B) Outlays, $991,303,000,000.
Fiscal year 2028:
(A) New budget authority, $1,017,963,000,000.
(B) Outlays, $1,009,904,000,000.
Fiscal year 2029:
(A) New budget authority, $1,043,294,000,000.
(B) Outlays, $1,026,048,000,000.
Fiscal year 2030:
(A) New budget authority, $1,068,044,000,000.
(B) Outlays, $1,056,193,000,000.
Fiscal year 2031:
(A) New budget authority, $1,090,585,000,000.
(B) Outlays, $1,087,706,000,000.
Fiscal year 2032:
(A) New budget authority, $1,133,789,000,000.
(B) Outlays, $1,125,873,000,000.
Fiscal year 2033:
(A) New budget authority, $1,180,147,000,000.
(B) Outlays, $1,169,326,000,000.
Fiscal year 2034:
(A) New budget authority, $1,225,708,000,000.
(B) Outlays, $1,213,058,000,000.
Fiscal year 2035:
(A) New budget authority, $1,275,106,000,000.
(B) Outlays, $1,260,928,000,000.
Fiscal year 2036:
(A) New budget authority, $1,329,236,000,000.
(B) Outlays, $1,314,489,000,000.
(12) Medicare (570):
Fiscal year 2027:
(A) New budget authority, $1,149,338,000,000.
(B) Outlays, $1,148,649,000,000.
Fiscal year 2028:
(A) New budget authority, $1,294,352,000,000.
(B) Outlays, $1,293,601,000,000.
Fiscal year 2029:
(A) New budget authority, $1,214,269,000,000.
(B) Outlays, $1,213,516,000,000.
Fiscal year 2030:
(A) New budget authority, $1,366,819,000,000.
(B) Outlays, $1,366,064,000,000.
Fiscal year 2031:
(A) New budget authority, $1,447,843,000,000.
(B) Outlays, $1,447,086,000,000.
Fiscal year 2032:
(A) New budget authority, $1,537,619,000,000.
(B) Outlays, $1,536,866,000,000.
Fiscal year 2033:
(A) New budget authority, $1,766,981,000,000.
(B) Outlays, $1,766,187,000,000.
Fiscal year 2034:
(A) New budget authority, $1,771,433,000,000.
(B) Outlays, $1,770,648,000,000.
Fiscal year 2035:
(A) New budget authority, $1,745,418,000,000.
(B) Outlays, $1,744,596,000,000.
Fiscal year 2036:
(A) New budget authority, $1,982,616,000,000.
(B) Outlays, $1,981,764,000,000.
(13) Income Security (600):
Fiscal year 2027:
(A) New budget authority, $721,101,000,000.
(B) Outlays, $715,202,000,000.
Fiscal year 2028:
(A) New budget authority, $734,371,000,000.
(B) Outlays, $734,156,000,000.
Fiscal year 2029:
(A) New budget authority, $734,872,000,000.
(B) Outlays, $719,411,000,000.
Fiscal year 2030:
(A) New budget authority, $754,343,000,000.
(B) Outlays, $744,691,000,000.
Fiscal year 2031:
(A) New budget authority, $769,512,000,000.
(B) Outlays, $758,425,000,000.
Fiscal year 2032:
(A) New budget authority, $787,995,000,000.
(B) Outlays, $775,944,000,000.
Fiscal year 2033:
(A) New budget authority, $809,966,000,000.
(B) Outlays, $805,125,000,000. Fiscal year 2034: (A) New budget authority, $820,962,000,000. (B) Outlays, $809,124,000,000. Fiscal year 2035: (A) New budget authority, $829,297,000,000. (B) Outlays, $807,646,000,000. Fiscal year 2036: (A) New budget authority, $853,928,000,000. (B) Outlays, $840,186,000,000. (14) Social Security (650): Fiscal year 2027: (A) New budget authority, $71,135,000,000. (B) Outlays, $71,135,000,000. Fiscal year 2028: (A) New budget authority, $74,970,000,000. (B) Outlays, $74,970,000,000. Fiscal year 2029: (A) New budget authority, $82,084,000,000. (B) Outlays, $82,084,000,000. Fiscal year 2030: (A) New budget authority, $87,394,000,000. (B) Outlays, $87,394,000,000. Fiscal year 2031: (A) New budget authority, $91,336,000,000. (B) Outlays, $91,336,000,000. Fiscal year 2032: (A) New budget authority, $95,906,000,000. (B) Outlays, $95,906,000,000. Fiscal year 2033: (A) New budget authority, $101,080,000,000. (B) Outlays, $101,080,000,000. Fiscal year 2034: (A) New budget authority, $106,598,000,000. (B) Outlays, $106,598,000,000. Fiscal year 2035: (A) New budget authority, $112,559,000,000. (B) Outlays, $112,559,000,000. Fiscal year 2036: (A) New budget authority, $118,538,000,000. (B) Outlays, $118,538,000,000. (15) Veterans Benefits and Services (700): Fiscal year 2027: (A) New budget authority, $450,026,000,000. (B) Outlays, $449,840,000,000. Fiscal year 2028: (A) New budget authority, $472,729,000,000. (B) Outlays, $494,955,000,000. Fiscal year 2029: (A) New budget authority, $495,351,000,000. (B) Outlays, $468,176,000,000. Fiscal year 2030: (A) New budget authority, $516,490,000,000. (B) Outlays, $513,230,000,000. Fiscal year 2031: (A) New budget authority, $533,555,000,000. (B) Outlays, $529,785,000,000. Fiscal year 2032: (A) New budget authority, $554,300,000,000. (B) Outlays, $550,972,000,000. Fiscal year 2033: (A) New budget authority, $576,778,000,000. (B) Outlays, $601,751,000,000. Fiscal year 2034: (A) New budget authority, $600,111,000,000. (B) Outlays, $598,973,000,000. Fiscal year 2035: (A) New budget authority, $624,549,000,000. (B) Outlays, $589,870,000,000. Fiscal year 2036: (A) New budget authority, $649,609,000,000. (B) Outlays, $645,497,000,000. (16) Administration of Justice (750): Fiscal year 2027: (A) New budget authority, $91,423,000,000. (B) Outlays, $111,372,000,000. Fiscal year 2028: (A) New budget authority, $90,880,000,000. (B) Outlays, $118,929,000,000. Fiscal year 2029: (A) New budget authority, $92,952,000,000. (B) Outlays, $120,040,000,000. Fiscal year 2030: (A) New budget authority, $95,468,000,000. (B) Outlays, $121,409,000,000. Fiscal year 2031: (A) New budget authority, $97,296,000,000. (B) Outlays, $114,659,000,000. Fiscal year 2032: (A) New budget authority, $104,427,000,000. (B) Outlays, $115,579,000,000. Fiscal year 2033: (A) New budget authority, $107,057,000,000. (B) Outlays, $108,068,000,000. Fiscal year 2034: (A) New budget authority, $109,246,000,000. (B) Outlays, $108,546,000,000. Fiscal year 2035: (A) New budget authority, $111,973,000,000. (B) Outlays, $109,286,000,000. Fiscal year 2036: (A) New budget authority, $114,820,000,000. (B) Outlays, $112,048,000,000. (17) General Government (800): Fiscal year 2027: (A) New budget authority, $31,675,000,000. (B) Outlays, $37,393,000,000. Fiscal year 2028: (A) New budget authority, $32,811,000,000. (B) Outlays, $37,741,000,000. Fiscal year 2029: (A) New budget authority, $33,865,000,000. (B) Outlays, $37,977,000,000. Fiscal year 2030: (A) New budget authority, $35,194,000,000. (B) Outlays, $38,526,000,000. Fiscal year 2031: (A) New budget authority, $36,045,000,000. (B) Outlays, $38,220,000,000. Fiscal year 2032: (A) New budget authority, $37,220,000,000. (B) Outlays, $37,252,000,000. Fiscal year 2033: (A) New budget authority, $38,030,000,000. (B) Outlays, $37,927,000,000. Fiscal year 2034: (A) New budget authority, $38,859,000,000. (B) Outlays, $38,433,000,000. Fiscal year 2035: (A) New budget authority, $39,736,000,000. (B) Outlays, $39,249,000,000. Fiscal year 2036: (A) New budget authority, $40,681,000,000. (B) Outlays, $40,112,000,000. (18) Net Interest (900): Fiscal year 2027: (A) New budget authority, $1,165,542,000,000. (B) Outlays, $1,165,542,000,000. Fiscal year 2028: (A) New budget authority, $1,273,700,000,000. (B) Outlays, $1,273,700,000,000. Fiscal year 2029: (A) New budget authority, $1,374,148,000,000. (B) Outlays, $1,374,148,000,000. Fiscal year 2030: (A) New budget authority, $1,474,382,000,000. (B) Outlays, $1,474,382,000,000. Fiscal year 2031: (A) New budget authority, $1,582,674,000,000. (B) Outlays, $1,582,674,000,000. Fiscal year 2032: (A) New budget authority, $1,690,887,000,000. (B) Outlays, $1,690,887,000,000. Fiscal year 2033: (A) New budget authority, $1,807,413,000,000. (B) Outlays, $1,807,413,000,000. Fiscal year 2034: (A) New budget authority, $1,930,052,000,000. (B) Outlays, $1,930,052,000,000. Fiscal year 2035: (A) New budget authority, $2,048,809,000,000. (B) Outlays, $2,048,809,000,000. Fiscal year 2036: (A) New budget authority, $2,178,568,000,000. (B) Outlays, $2,178,568,000,000. (19) Allowances (920): Fiscal year 2027: (A) New budget authority, -$307,405,000,000. (B) Outlays, -$309,289,000,000. Fiscal year 2028: (A) New budget authority, -$639,263,000,000. (B) Outlays, -$645,962,000,000. Fiscal year 2029: (A) New budget authority, -$1,023,911,000,000. (B) Outlays, -$1,018,092,000,000. Fiscal year 2030: (A) New budget authority, -$1,439,791,000,000. (B) Outlays, -$1,434,600,000,000. Fiscal year 2031: (A) New budget authority, -$1,893,656,000,000. (B) Outlays, -$1,880,825,000,000. Fiscal year 2032: (A) New budget authority, -$1,999,845,000,000. (B) Outlays, -$1,979,094,000,000. Fiscal year 2033: (A) New budget authority, -$2,296,644,000,000. (B) Outlays, -$2,281,310,000,000. Fiscal year 2034: (A) New budget authority, -$2,311,126,000,000. (B) Outlays, -$2,281,508,000,000. Fiscal year 2035: (A) New budget authority, -$2,250,180,000,000. (B) Outlays, -$2,205,864,000,000. Fiscal year 2036: (A) New budget authority, -$2,541,807,000,000. (B) Outlays, -$2,507,356,000,000. (20) Undistributed Offsetting Receipts (950): Fiscal year 2027: (A) New budget authority, -$138,330,000,000. (B) Outlays, -$138,108,000,000. Fiscal year 2028: (A) New budget authority, -$143,553,000,000. (B) Outlays, -$143,497,000,000. Fiscal year 2029: (A) New budget authority, -$152,671,000,000.
Text printed in the Record (11,984 characters)
(B) Outlays, -$152,671,000,000. Fiscal year 2030: (A) New budget authority, -$164,546,000,000. (B) Outlays, -$164,546,000,000. Fiscal year 2031: (A) New budget authority, -$175,637,000,000. (B) Outlays, -$175,637,000,000. Fiscal year 2032: (A) New budget authority, -$184,308,000,000. (B) Outlays, -$184,308,000,000. Fiscal year 2033: (A) New budget authority, -$184,776,000,000. (B) Outlays, -$184,776,000,000. Fiscal year 2034: (A) New budget authority, -$179,951,000,000. (B) Outlays, -$179,951,000,000. Fiscal year 2035: (A) New budget authority, -$179,401,000,000. (B) Outlays, -$179,401,000,000. Fiscal year 2036: (A) New budget authority, -$183,154,000,000. (B) Outlays, -$183,154,000,000.
SEC. 1201. SOCIAL SECURITY IN THE SENATE.
(a) Social Security Revenues.--For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), the amounts of revenues of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows:
Fiscal year 2027: $1,403,711,000,000.
Fiscal year 2028: $1,457,594,000,000.
Fiscal year 2029: $1,515,623,000,000.
Fiscal year 2030: $1,575,995,000,000.
Fiscal year 2031: $1,637,695,000,000.
Fiscal year 2032: $1,699,389,000,000.
Fiscal year 2033: $1,762,048,000,000.
Fiscal year 2034: $1,825,863,000,000.
Fiscal year 2035: $1,892,022,000,000.
Fiscal year 2036: $1,960,660,000,000.
(b) Social Security Outlays.--For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), the amounts of outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows:
Fiscal year 2027: $1,613,963,000,000.
Fiscal year 2028: $1,717,385,000,000.
Fiscal year 2029: $1,819,101,000,000.
Fiscal year 2030: $1,924,297,000,000.
Fiscal year 2031: $2,034,773,000,000.
Fiscal year 2032: $2,151,750,000,000.
Fiscal year 2033: $2,253,309,000,000.
Fiscal year 2034: $2,354,460,000,000.
Fiscal year 2035: $2,456,557,000,000.
Fiscal year 2036: $2,559,808,000,000.
(c) Social Security Administrative Expenses.--In the Senate, the amounts of new budget authority and budget outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for administrative expenses are as follows:
Fiscal year 2027:
(A) New budget authority, $6,717,000,000.
(B) Outlays, $6,604,000,000.
Fiscal year 2028:
(A) New budget authority, $6,927,000,000.
(B) Outlays, $6,794,000,000.
Fiscal year 2029:
(A) New budget authority, $7,127,000,000.
(B) Outlays, $6,990,000,000.
Fiscal year 2030:
(A) New budget authority, $7,328,000,000.
(B) Outlays, $7,191,000,000.
Fiscal year 2031:
(A) New budget authority, $7,540,000,000.
(B) Outlays, $7,398,000,000.
Fiscal year 2032:
(A) New budget authority, $7,754,000,000.
(B) Outlays, $7,609,000,000.
Fiscal year 2033:
(A) New budget authority, $7,972,000,000.
(B) Outlays, $7,824,000,000.
Fiscal year 2034:
(A) New budget authority, $8,198,000,000.
(B) Outlays, $8,044,000,000.
Fiscal year 2035:
(A) New budget authority, $8,429,000,000.
(B) Outlays, $8,272,000,000.
Fiscal year 2036:
(A) New budget authority, $8,671,000,000.
(B) Outlays, $8,508,000,000.
SEC. 1202. POSTAL SERVICE DISCRETIONARY ADMINISTRATIVE
EXPENSES IN THE SENATE.
In the Senate, the amounts of new budget authority and budget outlays of the Postal Service for discretionary administrative expenses are as follows:
Fiscal year 2027:
(A) New budget authority, $279,000,000.
(B) Outlays, $279,000,000.
Fiscal year 2028:
(A) New budget authority, $289,000,000.
(B) Outlays, $289,000,000.
Fiscal year 2029:
(A) New budget authority, $298,000,000.
(B) Outlays, $298,000,000.
Fiscal year 2030:
(A) New budget authority, $308,000,000.
(B) Outlays, $308,000,000.
Fiscal year 2031:
(A) New budget authority, $319,000,000.
(B) Outlays, $319,000,000.
Fiscal year 2032:
(A) New budget authority, $329,000,000.
(B) Outlays, $329,000,000.
Fiscal year 2033:
(A) New budget authority, $340,000,000.
(B) Outlays, $340,000,000.
Fiscal year 2034:
(A) New budget authority, $351,000,000.
(B) Outlays, $351,000,000.
Fiscal year 2035:
(A) New budget authority, $363,000,000.
(B) Outlays, $363,000,000.
Fiscal year 2036:
(A) New budget authority, $375,000,000.
(B) Outlays, $375,000,000.
SEC. 2001. ENFORCEMENT FILING.
(a) In the House of Representatives.--In the House of Representatives, if a concurrent resolution on the budget for fiscal year 2027 is adopted without the appointment of a committee of conference on the disagreeing votes of the two Houses with respect to this concurrent resolution on the budget, for the purpose of enforcing the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) and applicable rules and requirements set forth in the concurrent resolution on the budget, the allocations provided for in this subsection shall apply in the House of Representatives in the same manner as if such allocations were in a joint explanatory statement accompanying a conference report on the budget for fiscal year 2027. The chair of the Committee on the Budget of the House of Representatives shall submit a statement for publication in the Congressional Record containing--
(1) for the Committee on Appropriations, committee allocations for fiscal year 2027 consistent with title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633); and
(2) for all committees other than the Committee on Appropriations, committee allocations consistent with title I for fiscal year 2027 and for the period of fiscal years 2027 through 2036 for the purpose of enforcing 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633).
(b) In the Senate.--If this concurrent resolution on the budget is agreed to by the Senate and House of Representatives without the appointment of a committee of conference on the disagreeing votes of the two Houses, the Chairman of the Committee on the Budget of the Senate may submit a statement for publication in the Congressional Record containing--
(1) for the Committee on Appropriations, committee allocations for fiscal year 2027 consistent with the levels in title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633); and
(2) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2027, 2027 through 2031, and 2027 through 2036 consistent with the levels in title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633).
SEC. 2002. BUDGETARY TREATMENT OF ADMINISTRATIVE EXPENSES.
(a) Senate.--
(1) In general.--In the Senate, notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(1)), section 13301 of the Budget Enforcement Act of 1990 (2 U.S.C. 632 note), and section 2009a of title 39, United States Code, the report or the joint explanatory statement accompanying this concurrent resolution on the budget or the statement filed pursuant to section 4101(b), as applicable, shall include in an allocation under section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) to the Committee on Appropriations of the Senate of amounts for the discretionary administrative expenses of the Social Security Administration and the United States Postal Service.
(2) Special rule.--In the Senate, for purposes of enforcing section 302(f) of the Congressional Budget Act of 1974 (2 U.S.C. 633(f)), estimates of the level of total new budget authority and total outlays provided by a measure shall include any discretionary amounts described in paragraph (1).
(b) House of Representatives.--
(1) In general.--In the House of Representatives, notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(1)), section 13301 of the Budget Enforcement Act of 1990 (2 U.S.C. 632 note), and section 2009a of title 39, United States Code, the report or the joint explanatory statement accompanying this concurrent resolution on the budget or the statement filed pursuant to section 4101(a), as applicable, shall include in an allocation under section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) to the Committee on Appropriations of the House of Representatives of amounts for the discretionary administrative expenses of the Social Security Administration and the United States Postal Service.
(2) Special rule.--In the House of Representatives, for purposes of enforcing section 302(f) of the Congressional Budget Act of 1974 (2 U.S.C. 633(f)), estimates of the level of total new budget authority and total outlays provided by a measure shall include any discretionary amounts described in paragraph (1).
SEC. 2003. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS,
AGGREGATES, AND OTHER BUDGETARY LEVELS.
(a) Application.--Any adjustments of allocations, aggregates, and other budgetary levels made pursuant to this concurrent resolution shall--
(1) apply while that measure is under consideration;
(2) take effect upon the enactment of that measure; and
(3) be published in the Congressional Record as soon as practicable.
(b) Effect of Changed Allocations, Aggregates, and Other Budgetary Levels.--Revised allocations, aggregates, and other budgetary levels resulting from these adjustments shall be considered for the purposes of the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) as the allocations, aggregates, and other budgetary levels contained in this concurrent resolution.
(c) Budget Committee Determinations.--For purposes of this concurrent resolution, the levels of new budget authority, outlays, direct spending, new entitlement authority, revenues, deficits, and surpluses for a fiscal year or period of fiscal years shall be determined on the basis of estimates made by the chair of the Committee on the Budget of the applicable House of Congress.
(d) Aggregates, Allocations and Application.--In the House of Representatives, for purposes of this concurrent resolution and budget enforcement, the consideration of any bill or joint resolution, or amendment thereto or conference report thereon, for which the chair of the Committee on the Budget makes adjustments or revisions in the allocations, aggregates, and other budgetary levels of this concurrent resolution shall not be subject to the point of order set forth in clause 10 of rule XXI of the Rules of the House of Representatives.
SEC. 2004. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND
DEFINITIONS.
(a) House of Representatives.--In the House of Representatives, the chair of the Committee on the Budget may adjust the appropriate aggregates, allocations, and other budgetary levels in this concurrent resolution for any change in budgetary concepts and definitions consistent with section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)).
(b) Senate.--In the Senate, upon the enactment of a bill or joint resolution providing for a change in concepts or definitions, the Chairman of the Committee on the Budget of the Senate may make adjustments to the levels and allocations in this concurrent resolution in accordance with section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)).
SEC. 2005. ADJUSTMENT FOR CHANGES IN THE BASELINE.
The chair of the Committee on the Budget of the House of Representatives and the Chairman of the Committee on the Budget of the Senate may adjust the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution to reflect changes resulting from the Congressional Budget Office's updates to its baseline for fiscal years 2027 through 2036, including the effects of legislation enacted before the date on which this concurrent resolution is agreed to.
SEC. 2006.
Text printed in the Record (9,287 characters)
EMERGENCY REQUIREMENTS IN THE HOUSE OF
REPRESENTATIVES.
(a) In General.--In the House of Representatives, if a bill, joint resolution, amendment, or conference report making appropriations for discretionary amounts contains a provision providing new budget authority and outlays, and a designation of such provision as an emergency requirement, the chair of the Committee on the Budget of the House of Representatives shall not count the budgetary effects of such provision for any purpose in the House of Representatives.
(b) Application.--
(1) Exclusion.--A proposal to strike a designation under subsection (a) shall be excluded from an evaluation of budgetary effects for any purpose in the House of Representatives.
(2) Amendment.--An amendment offered under subsection (a) that also proposes to reduce each amount appropriated or otherwise made available by the pending measure that is not required to be appropriated or otherwise made available shall be in order at any point in the reading of the pending measure in the House of Representatives.
(c) Definitions.--For purposes of this section, the following definitions apply:
(1) Emergency.--The term "emergency" means a situation that--
(A) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and
(B) is unanticipated.
(2) Unanticipated.--The term "unanticipated" means that the underlying situation is--
(A) sudden, which means quickly coming into being or not building up over time;
(B) urgent, which means a pressing and compelling need requiring immediate action;
(C) unforeseen, which means not predicted or anticipated as an emerging need; and
(D) temporary, which means not of a permanent duration.
SEC. 2007. ADDITIONAL ADJUSTMENTS IN THE HOUSE OF
REPRESENTATIVES.
(a) Adjustment for Disaster Relief.--The chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution as follows:
(1) In general.--If a bill, joint resolution, amendment, or conference report makes discretionary appropriations that Congress designates as being for disaster relief, the adjustment for fiscal year 2027 shall be the total of such appropriations for fiscal year 2027 designated as being for disaster relief, but not to exceed the amount equal to the total amount calculated for fiscal year 2027 in accordance with the formula in section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(i)) except that such formula shall be applied by substituting "fiscal year 2027" for "fiscal years 2024 and 2025".
(2) Definition.--As used in this subsection, the term "disaster relief" means activities carried out pursuant to a determination under section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)).
(b) Adjustment for Wildfire Suppression.--The chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution as follows:
(1) In general.--If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2027 specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustment shall be the amount of additional new budget authority specified in such measure as being for wildfire suppression operations for fiscal year 2027, but shall not exceed $2,950,000,000.
(2) Definitions.--As used in this subsection, the terms "additional new budget authority" and "wildfire suppression operations" have the meanings specified in subclauses (I) and (II), respectively, of section 251(b)(2)(F)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(F)(ii)(I) and (II)).
(c) Adjustment for Health Care Fraud and Abuse Control.--The chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution as follows:
(1) In general.--If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2027 specifies an amount for the health care fraud and abuse control program at the Department of Health and Human Services (75-8393-0-7-571), then the adjustment shall be the amount of additional new budget authority specified in such measure for such program for fiscal year 2027, but shall not exceed $658,000,000.
(2) Definition.--As used in this subsection, the term "additional new budget authority" means the amount provided for fiscal year 2027, in excess of $311,000,000, in a bill, joint resolution, amendment, or conference report making discretionary appropriations and specified to pay for the costs of the health care fraud and abuse control program.
(d) Adjustment for Continuing Disability Reviews and Redeterminations.--The chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution as follows:
(1) In general.--If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2027 specifies an amount for continuing disability reviews under titles II and XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.), for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys, then the adjustment shall be the additional new budget authority specified in such measure for such expenses for fiscal year 2027, but shall not exceed $2,124,000,000.
(2) Definitions.--As used in this subsection--
(A) the term "continuing disability reviews" means continuing disability reviews under sections 221(i) and 1614(a)(4) of the Social Security Act, including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual's ability to engage in substantial gainful activity;
(B) the term "redetermination" means redetermination of eligibility under sections 1611(c)(1) and 1614(a)(3)(H) of the Social Security Act (42 U.S.C. 1382(c)(1), 1382c(a)(3)(H)); and
(C) the term "additional new budget authority" means the amount provided for fiscal year 2027, in excess of $273,000,000, in a bill, joint resolution, amendment, or conference report and specified to pay for the costs of continuing disability reviews, redeterminations, co-operative disability investigation units, and fraud prosecutions under the heading "Limitation on Administrative Expenses" for the Social Security Administration.
(e) Adjustment for Reemployment Services and Eligibility Assessments.--The chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution as follows:
(1) In general.--If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2027 specifies an amount for grants to States under section 306 of the Social Security Act (42 U.S.C. 506) for claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits, then the adjustment shall be the additional new budget authority specified in such measure for such grants for fiscal year 2027, but shall not exceed $400,000,000.
(2) Definitions.--As used in this subsection, the term "additional new budget authority" means the amount provided for fiscal year 2027, in excess of $117,000,000, in a bill, joint resolution, amendment, or conference report making discretionary appropriations and specified to pay for grants to States under section 306 of the Social Security Act (42 U.S.C. 506) for claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits.
SEC. 2008. EXERCISE OF RULEMAKING POWERS.
Congress adopts the provisions of this title--
(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules; and
(2) with full recognition of the constitutional right of either the Senate or the House of Representatives to change those rules (insofar as they relate to that House) at any time, in the same manner, and to the same extent as is the case of any other rule of the Senate or House of Representatives.
Text of Amendments
Pages S4868–S4882 · Official textSA 6796. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows: On page 70, strike line 13 and insert the following: (f) Authorization of Coaching Compensation Caps.--(1) In general.--An institution, a conference, or an intercollegiate athletic association may establish, enter into agreements regarding, and enforce a maximum aggregate cap on all-in coaching compensation for any varsity sports team. (2) Enforcement.--An intercollegiate athletic association or a conference may establish financial penalties, postseason restrictions, or loss of conference media revenue distributions for any member institution that exceeds the cap established under paragraph (1). (3) All-in coaching compensation defined.--In this subsection, the term "all-in coaching compensation" means the total financial value of all remuneration provided directly or indirectly to a head coach, assistant coach, or general manager of a varsity sports team, including base salary, performance bonuses, compensation from associated entities or collectives, apparel or media contract fees, and non-monetary benefits. (g) Institution Defined.--In this section, the term SA 6797. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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On page 66, line 9, strike "$5,000,000" and insert "$10,000,000".
On page 67, line 3, strike "$5,000,000" and insert "$10,000,000".
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SA 6798. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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On page 51, strike lines 20 through 24 and insert the following:
(c) Appointment and Term.--
(1) Appointment.--The Ombudsman shall be appointed by the Secretary of Education after meaningful consultation with relevant stakeholders, which shall include college presidents, athletic directors, college coaches, and student athletes, among others, representing geographically diverse schools and schools of different size (including large schools (more than $80,000,000 in athletics revenue), medium schools (more than $50,000,000 but less than $80,000,000 in athletics revenue), and small schools (less than $50,000,000 in athletics revenue)), from a diverse variety of sports and different divisions (Division 1, Division 2, and Division 3).
(2) Term.--The Ombudsman shall be appointed for a term of 7 years and may serve not more than 2 full terms.
(d) Administration.--
(1) In general.--An intercollegiate athletic association shall hire and provide salary, benefits, and administrative expenses for an Ombudsman and support staff for the Office.
(2) Salary.--The Ombudsman shall receive an annual salary of $197,200 per year, plus benefits.
(3) Budget.--The budget of the Ombudsman shall be not less than $25,000,000 per year.
(e) Confidentiality.--
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SA 6799. Mr. WARNOCK (for himself, Mr. Booker, Mr. Scott of South Carolina, Ms. Blunt Rochester, Ms. Alsobrooks, and Mr. Coons) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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At the end, add the following:
SEC. __1. SHORT TITLE.
This title may be cited as the "Institutional Grants for New Infrastructure, Technology, and Education for HBCU Excellence Act" or the "IGNITE HBCU Excellence Act".
SEC. __2. GRANTS FOR THE LONG-TERM IMPROVEMENT OF HBCUS.
(a) In General.--
(1) Grants authorized.--The Secretary shall award grants to eligible entities, on a competitive basis, to support long-term improvements to the facilities of such entities in accordance with this title.
(2) Grant period.--With respect to each eligible entity that is awarded a grant under this section, such grant shall be for a period determined appropriate by the Secretary based on the information submitted by such entity under subsection (b).
(3) Multiple grants permitted.--An eligible entity may apply for, and be awarded, more than 1 grant under this section.
(b) Application.--To be considered for a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including--
(1) to the extent possible, the information necessary for the Secretary to make the determinations under subsection (c);
(2) a description of the projects that such eligible entity plans to carry out with the grant and how such projects will advance the long-term goals of the entity;
(3) an explanation of--
(A) how such projects will reduce risks to the health, welfare, and safety of students, staff, administrators, faculty, researchers, and guests at such eligible entity; and
(B) the anticipated number of years that any facilities constructed, improved, or replaced under such projects may be used before presenting a risk described in subparagraph (A);
(4) the median age of the facilities that such entity plans to improve or replace under such projects; and
(5) in the case of an eligible entity seeking to carry out facility repairs described in section __3(a)(3), a preventative maintenance plan for such repairs.
(c) Priority.--In awarding grants under this section, the Secretary--
(1) shall give priority to an eligible entity that--
(A) demonstrates the greatest need to improve campus facilities, as determined by a comparison of factors identified by the Secretary, which may include--
(i) consideration of threats posed by the proximity of such facilities to toxic sites;
(ii) the vulnerability of such facilities to natural disasters and environmental risks;
(iii) the median age of the facilities that such entity will use grant funds to improve;
(iv) the extent to which student enrollment exceeds physical and instructional capacity;
(v) the condition of major systems in such facilities such as heating, ventilation, air conditioning, electrical, water, and sewer systems;
(vi) the condition of roofs, windows, and doors of such facilities;
(vii) other critical health and safety conditions;
(viii) the number and condition of facilities in significant disrepair; and
(ix) the total amount of deferred maintenance of such facilities;
(B) demonstrates the most limited capacity to raise funds for the long-term improvement of campus facilities, as determined by an assessment of--
(i) the current and historic ability of the eligible entity to raise funds for construction, renovation, modernization, and major repair projects for campus;
(ii) whether the eligible entity has been able to issue bonds or receive other funds to support school construction projects;
(iii) the bond rating of the eligible entity;
(iv) the number of students enrolled as of the date on which the application is submitted;
(v) the total value of the endowment of the eligible entity as of the date on which the application is submitted;
(vi) the total amount of deferred maintenance of such facilities; and
(vii) the amount and sources of institutional revenue;
(C) enrolls the highest percentages of students who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.), and whose families qualify for other Federal need-based aid;
(D) is a public institution that--
(i) faces declining State support or investment; and
(ii) demonstrates limited ability to generate revenue, as determined by assessing--
(I) the total value of the endowment of the institution as of the date on which the application is submitted; and
(II) the costs of the deferred maintenance of the institution relative to the total revenue of the institution; and
(E) demonstrates an effort to seek support from public and private entities for projects carried out with a grant awarded under this Act; and
(2) may give priority to an eligible entity--
(A) that lacks access to high-speed broadband and will use the grant funds to improve access to high-speed broadband sufficient to support digital and technology-based learning in accordance with section __3(a)(6);
(B) at which the highest degree that is predominantly awarded to students is an associate's degree;
(C) that did not receive a grant under this title in the preceding fiscal year; or
(D) that proposes projects aligned with long-term infrastructure priorities that--
(i) serve as regional models, as determined by the Secretary;
(ii) address multiple needs on the campus of the entity;
(iii) address the needs of at least 1 eligible entity in addition to the entity receiving the grant; or
(iv) encourage efforts described in section __3(d).
(d) Geographic Distribution.--The Secretary shall ensure that grants under this section are awarded to eligible entities in a manner that reflects the geographic distribution of such entities in the United States.
(e) Technical Assistance.--The Secretary, directly or by grant or contract, may provide technical assistance to eligible entities to prepare the entities to qualify, apply for, and maintain a grant, under this Act.
(f) Relationship to HBCU Capital Financing Program.--
(1) In general.--The Secretary may take into consideration whether an eligible entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.) when--
(A) reviewing grant applications under this section;
(B) determining priority under subsection (c); and
(C) determining the amount awarded for a grant under this Act.
(2) Priority.--With respect to paragraph (1)(B), the Secretary may--
(A) determine that an eligible entity should not receive priority under subsection (c) if such entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.); and
(B) determine that an eligible entity should receive higher priority under subsection (c) if such entity has not received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).
SEC. __3.
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GRANT USES.
(a) Permitted Uses.--Except as provided in subsection (b), an eligible entity that receives a grant under this title shall use such grant funds to carry out at least one of the following activities:
(1) Construct, modernize, renovate, or retrofit the campus facilities of such entity, which may include--
(A) improving existing, or establishing new, instructional laboratories or workforce-aligned (as determined by the Secretary) research facilities relating to fields of health, science, technology, engineering, the arts, agriculture, education, and other disciplines as determined by the Secretary;
(B) constructing or improving roads or other transportation infrastructure on campus, for which the eligible entity is responsible;
(C) preserving facilities with historic significance and facilities that house historic or cultural artifacts;
(D) constructing, modernizing, renovating, and retrofitting any campus facility or dormitory (including dining facilities) or other facility customarily used for housing students;
(E) improving security and safety for students, faculty, and staff;
(F) installing or upgrading water, wastewater, power, and underground infrastructure; and
(G) developing facilities or infrastructure that support job creation, entrepreneurship, and community-based opportunities, including establishing workforce development hubs that--
(i) are aligned with regional labor market needs;
(ii) focus on fields such as artificial intelligence; and
(iii) support education, training, and career placement for students.
(2) Purchase, manufacture, or modernize vehicle fleets owned and operated by such entity that are used primarily for the purpose of facilitating campus accessibility and student academic activities.
(3) Carry out repairs, including with respect to deferred maintenance, to the facilities of such eligible entity in accordance with the preventative maintenance plan submitted under section __2(b)(5).
(4) Acquire and install research-related equipment and technology in the campus facilities of such entity, including specialty equipment with respect to emerging fields (as determined by the Secretary, in consultation with the head of the eligible entity), such as artificial intelligence, data science, machine learning, cybersecurity, biotechnology, chemistry, pharmaceutical sciences, robotics, and advanced manufacturing.
(5) For the purpose of facilitating the construction of new campus facilities that are not primarily used for classroom instruction or academic activities--
(A) purchase or otherwise acquire title to land to serve as a permanent site for such facilities; and
(B) to the extent that other public or private funds are insufficient--
(i) prepare land for the construction of such facilities; and
(ii) pay other preconstruction costs relating to the development of such facilities.
(6) Install or extend the life of basic systems and components of campus facilities, which may include--
(A) high-speed broadband internet infrastructure sufficient to support digital and technology-based learning;
(B) high-capacity, middle-mile broadband networks, and campus-wide broadband networks, including 5G and future network generations;
(C) fiber, cyber, and telecommunications infrastructure, including small cells;
(D) heating, ventilation, and air conditioning (HVAC) or other indoor air quality systems;
(E) support for last-mile service for rural campuses when other means of providing this support is unavailable; and
(F) other infrastructure to support the success of operations and other digital and technology needs.
(7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that--
(A) guarantee layers of security throughout such campus; and
(B) uphold the function of such campus as a learning and teaching environment.
(8) Strengthen institutional planning and governance to support long-term infrastructure goals by--
(A) developing or updating campus infrastructure master plans, facility condition assessments, deferred maintenance strategies, or long-term capital project timeliness;
(B) aligning campus infrastructure master plans with academic and workforce priorities, including with respect to the facilities used by programs in high-demand fields (as determined by the Secretary) in order to address the needs of such facilities and support the growth of such programs;
(C) modernizing auxiliary services to improve financial sustainability, service quality, or institutional competitiveness;
(D) supporting high-quality research and development efforts, including planning and expanding partnerships with manufacturers, employers, or innovation stakeholders that strengthen infrastructure and innovation; and
(E) establishing or expanding offices or initiatives for the recruitment and retention of faculty in fields of research.
(b) Prohibited Uses.--An eligible entity that receives a grant under this title may not use such grant funds for--
(1) payment of routine and predictable maintenance costs, minor repairs, or utility bills;
(2) any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public;
(3) the purchase or support of any communications equipment or service (as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608)) that poses a risk to national security; or
(4) activities that are funded, in whole or in part, under part B of title III of the Higher Education Act of 1965 (20 U.S.C. 1060 et seq.), unless the Secretary approves such use.
(c) Supplement Not Supplant.--An eligible entity shall use a grant received under this title only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds.
(d) Encouraging Partnerships.--The Secretary shall encourage partnerships between eligible entities and public and private entities to--
(1) provide additional funding; and
(2) assist in carrying out the activities under this Act.
SEC. __4. USE OF SMALL BUSINESS CONCERNS.
In carrying out projects funded with a grant under this Act, an eligible entity shall seek to procure contracts from--
(1) small business concerns owned and controlled by veterans (including service-disabled veterans); and
(2) qualified HUBZone small business concerns.
SEC. __5. RESERVATION FOR ADMINISTRATIVE AND OTHER
ACTIVITIES.
(a) Reservation.--An eligible entity that receives a grant under this title may reserve a total of not more than 5 percent of the amount of such grant to--
(1) develop the facilities master plan required under subsection (b);
(2) carry out activities to--
(A) protect the health of students, staff, administrators, faculty, researchers, and guests during the construction or modernization of the campus facilities of such entity; and
(B) mitigate excessive noise caused by activities carried out under this Act;
(3) pay personnel to carry out administrative work relating to the grant program; and
(4) pay other reasonable administrative costs associated with the grant program.
(b) Facilities Master Plan.--
(1) In general.--Not later than 180 days after receiving a grant under this Act, an eligible entity shall submit to the Secretary a comprehensive facilities master plan that--
(A) describes how the entity will carry out the activities identified in the application submitted under section __2(b) with the grant funds received under this Act; and
(B) identifies the anticipated benefits and outcomes of such activities.
(2) Elements.--The facilities master plan required under paragraph (1) shall include, with respect to the eligible entity submitting such plan, a description of, as of the date on which such plan is submitted--
(A) the extent to which the campus facilities--
(i) meet the educational needs of students; and
(ii) support the educational mission and vision of such entity;
(B) the physical condition of the campus facilities;
(C) the current health, safety, and environmental conditions of the campus facilities, including--
(i) indoor air quality;
(ii) the presence of hazardous and toxic substances and chemicals on or near such facilities;
(iii) the safety of drinking water at the tap and water used for meal preparation, including the level of lead and other contaminants in such water;
(iv) energy and water efficiency;
(v) excessive noise in academic spaces; and
(vi) other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students;
(D) the actual and anticipated impact of current and future student enrollment levels (as of the date of application) on the design of current and future campus facilities, as well as the financial implications of such enrollment levels;
(E) the dollar amount and percentage of funds such entity will dedicate to capital construction projects, including--
(i) any funds in the budget of such entity that will be dedicated to such projects; and
(ii) any funds not in such budget that will be dedicated to such projects, including any funds available to the eligible entity as the result of a bond issue or the Historically Black College and University Capital Financing Program under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.); and
(F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including--
(i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and
(ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities.
(3) Consultation.--In developing the facilities master plan, the eligible entity shall demonstrate that it conducted meaningful consultation with diverse stakeholders, which may include--
(A) staff and other institutional leaders;
(B) custodial and maintenance staff;
(C) emergency first responders;
(D) campus facilities directors;
(E) students and families;
(F) community residents, including those directly affected by actions undertaken as a result of utilizing grant funds;
(G) government entities;
(H) local charitable foundations;
(I) local employers;
(J) Indian Tribes, as applicable; and (K) other such individuals and entities.
SEC. __6. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND
FORGIVENESS.
(a) In General.--Each time an institution of higher education receives a disbursement of a loan amount under a covered closed loan agreement, the Secretary shall repay--
(1) the outstanding balance of principal, interest, fees, and costs on such loan amount (as of the date of such disbursement) under the covered closed loan agreement; and
(2) any reimbursement (including reimbursements of escrow and return of fees and deposits) relating to the covered closed loan agreement that are usual and customary when the loan is paid off by the institution.
(b) Covered Closed Loan Agreement.--In this section, the term "covered closed loan agreement" means a closed loan agreement--
(1) executed before the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116-260);
(2) made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.); and
(3) that provides for loan amounts that have not been disbursed as of the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116-260).
SEC. __7.
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REPORTS.
(a) Department of Education Report.--
(1) In general.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with grant funds awarded under this Act.
(2) Elements.--The report required under paragraph (1) shall include--
(A) with respect to projects carried out by eligible entities with grant funds awarded under this Act, an assessment of--
(i) the types of such projects;
(ii) the square footage of the improvements made by such projects, disaggregated by--
(I) total square footage; and (II) square footage per each eligible entity;
(iii) the total cost of each such project;
(iv) the cost described in clause (iii), disaggregated by the cost of--
(I) planning; (II) design; (III) construction; (IV) site purchase; and (V) improvements;
(v) the geographic distribution of such projects; and
(vi) the demographic composition of the student population served by such projects, disaggregated by--
(I) race and ethnicity; and
(II) the number and percentage of students enrolled at such entities who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.);
(B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and
(C) an analysis of compliance with the requirement in section __3(c).
(b) Comptroller General Appropriations Report.--
(1) In general.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the amount of appropriations necessary to continue implementing the grant program under this Act.
(2) Elements.--The study conducted under paragraph (1) shall include--
(A) an evaluation of the approximate total cost of deferred maintenance across eligible entities; and
(B) an overview of sources of funding for addressing such needs other than the grant program under this Act.
(3) Report.--After the completion of the study under paragraph (1), the Comptroller General shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report on the results of the study.
(4) Results.--The results of the study shall be used to inform the appropriation of funds to carry out this title for the fiscal years following the submission of the report under paragraph (3).
(c) Comptroller General Implementation Report.--
(1) Study required.--Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of the grant program under this Act.
(2) Elements.--The study conducted under paragraph (1) shall include--
(A) an examination of program implementation challenges; and
(B) an assessment of whether any changes are needed to make grants under this title more accessible to eligible entities with fiscal challenges to help them raise capital for infrastructure projects.
(3) Report.--After the completion of the study under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study, including any recommendations to the Secretary for improvements to the implementation of the grant program under this Act.
SEC. __8. DEFINITIONS.
In this title:
(1) Eligible entity.--The term "eligible entity" means--
(A) a part B institution, as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); or
(B) an institution or program listed under section 326(e)(1) of such Act (20 U.S.C. 1063b(e)(1)).
(2) Secretary.--The term "Secretary" means the Secretary of Education.
(3) State.--The term "State" has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
SEC. __9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this title for each of fiscal years 2027 through 2032.
______
SA 6800. Mr. BOOKER (for himself and Mr. Murphy) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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Insert after section 114 the following:
SEC. 114A. TREATMENT OF ENDORSEMENT CONTRACTS FOR COACHES.
(a) Compensation Requirement.--Any endorsement contract for a coach of a varsity sports team shall be invalid unless the contract is commensurate with compensation paid to individuals with a similar profile, reputation, or notability who are not coaches or prospective coaches.
(b) Disclosure.--Each institution shall include in the disclosures required under section 104(a)(1) information on any endorsement contracts in force with respect to any coach of a varsity sports team at that institution.
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SA 6801. Mr. BOOKER (for himself and Mr. Murphy) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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Insert after section 114 the following:
SEC. 114A. CAP FOR CONTRACT BUYOUTS FOR COACHES.
(a) In General.--Any contract buyout for a coach of a varsity sports team may not exceed an amount equal to the greatest annual amount paid to the coach under that contract.
(b) Application.--Subsection (a) shall apply to any contract for a coach of a varsity sports team entered into on or after the date of the enactment of this Act.
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SA 6802. Mr. BOOKER (for himself and Mr. Blumenthal) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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In section 125(b), strike paragraph (4).
In section 125(c), strike paragraph (4).
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SA 6803. Mr. BOOKER (for himself, Mr. Murphy, Ms. Blunt Rochester, Ms. Alsobrooks, and Mr. Warnock) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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Strike section 307 and insert the following:
SEC. 307. APPROPRIATION.
There is appropriated to the Assistant Secretary to carry out this title for each of fiscal years 2027 through 2032, out of any money in the Treasury not otherwise appropriated, $180,000,000, to remain available until expended.
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SA 6804. Mr. BOOKER (for himself and Mr. Murphy) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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Insert after section 114 the following:
SEC. 114A. SALARY CAP FOR COACHES.
(a) In General.--An institution may not provide compensation to a coach of a varsity sports team that exceeds $5,000,000 per year.
(b) Application.--Subsection (a) shall apply to any agreement related to compensation for a coach of a varsity sports team entered into on or after the date of the enactment of this Act.
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SA 6805. Mr. BOOKER (for himself and Mr. Blumenthal) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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Strike section 106(b)(2)(C) and insert the following:
(C) Limitation.--
(i) In general.--The amount funded for the fund or program established under this subsection shall not exceed $200,000,000.
(ii) Funding by intercollegiate athletic association and conference.--Any amount funded for the fund or program established under this subsection that exceeds $100,000,000 shall be provided by an intercollegiate athletic association, the Big 10 Conference, the Big 12 Conference, the Southeastern Conference, and the Atlantic Coast Conference.
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SA 6806. Mrs. BRITT (for herself and Mr. Tuberville) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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In section 114, add at the end the following:
(g) Revenue Share Cap Accounting.--All name, image, and likeness agreements between a student athlete and an institution, an employee of an institution, a volunteer of an institution, a conference, an employee of a conference, or an associated entity shall count against the revenue share cap of the institution.
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SA 6807. Mrs. MOODY submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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In section 7(a)(1) of the Act of September 30, 1961 (commonly known as the "Sports Broadcasting Act of 1961"), as added by section 205, strike subparagraphs (A) and (B) and insert the following:
"(A) during the 5-year period beginning on the date of enactment of the Protect College Sports Act of 2026, merge or consolidate with, or acquire the assets or media rights of, another covered conference or a covered institution, if as a result of the transaction, the number of institutions that are members of the covered conference would be less than 75 percent of the institutions participating in the Football Bowl Subdivision, as defined by Bylaw 20.9.9 of the National Collegiate Athletic Association; or
"(B) acquire the assets or media rights of an institution that is not a covered institution, unless, as a result of the transaction, the number of institutions that are members of the covered conference does not exceed 20 institutions; or
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SA 6808. Mrs. MOODY submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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At the end of title II, add the following:
SEC. 208. NO PRIVATE EQUITY IN COLLEGE ATHLETICS.
The Sports Broadcasting Act of 1961, as amended by this title, is amended by adding at the end the following:
"SEC. 10. PROHIBITION ON PARTICIPATION BY PRIVATE EQUITY
FUNDS.
"(a) Private Equity Fund Defined.--In this section, the term `private equity fund' has the meaning given the term in section 13(h)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)(2)).
"(b) Media Rights.--A private equity fund may not provide any funding, resources, or financial incentives to any conference or institution for the purpose of enticing any conference or institution to participate in the voluntary pooling of media rights under section 5.
"(c) Conference Mergers and Acquisitions.--A private equity fund may not provide any funding, resources, or financial incentives to any entity for the purpose of merging or acquiring a conference or institution or creating a new conference or intercollegiate athletic association in violation of the prohibition under section 7.
"(d) Return on Investment or Revenue Sharing.--A private equity fund may not provide any funding, resources, or financial incentives to any athletic department of an institution for the purposes of a financial agreement whereby the providing private equity fund stands to earn a return on investment or share of revenue from the receiving institution.
"(e) Penalties.--A private equity fund that violates a prohibition described in this section shall be subject to the penalties described in section 217 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-17).".
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SA 6809. Mr. TUBERVILLE (for himself and Mr. Scott of South Carolina) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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On page 63, insert between lines 13 and 14 the following:
(f) Ineligibility Due to Certain Participation in Professional Sports.--A student athlete shall be deemed a professional athlete and ineligible for intercollegiate sports if the student athlete receives compensation, direct or indirect financial consideration, per diem, stipends, or reimbursement in excess of reasonable, actual, and documented travel expenses, from a professional sports team, league, or franchise in connection with participation in any evaluation, workout, draft combine, or training camp.
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SA 6810. Mr. TUBERVILLE (for himself and Mrs. Britt) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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On page 130, line 11, insert after "conferences." the following: "Nothing in the preceding sentence shall be construed to create any inference that a media rights arrangement outside the covered entity that is entered into by an institution or conference before, on, or after the date of enactment of this subsection violates the antitrust laws.".
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SA 6811. Mr. KENNEDY submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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At the end of section 118, add the following:
(e) Rule of Construction.--
(1) In general.--Nothing in this Act may be construed to absolve an intercollegiate athletic association, a conference, or an institution of any liability incurred before, on, or after the date of the enactment of this Act.
(2) Exception.--Paragraph (1) does not apply to the antitrust exemptions under subsections (a) and (b).
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SA 6812. Mr. ARMSTRONG submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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At the end, add the following:
SEC. _01. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF
NATURAL GAS PIPELINES.
(a) Definitions.--In this section:
(1) Commission.--The term "Commission" means the Federal Energy Regulatory Commission.
(2) Environmental review.--The term "environmental review" means the process of preparing, for a proposed agency action in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)--
(A) an environmental impact statement;
(B) an environmental assessment;
(C) a categorical exclusion; and
(D) a finding of no significant impact.
(3) Federal authorization.--The term "Federal authorization" has the meaning given that term in section 15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(4) Project-related environmental review.--The term "project-related environmental review" means any environmental review required to be conducted with respect to the issuance of an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f).
(b) Commission Responsibilities.--In acting as the lead agency under section 15(b)(1) of the Natural Gas Act (15 U.S.C. 717n(b)(1)) for the purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall, in accordance with this section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency designated as a participating agency under subsection (d)(3) to ensure that the Commission develops information in conducting its project-related environmental review that is usable by the participating agency in considering an aspect of an application for a Federal authorization for which the agency is responsible; and
(3) take such actions as are necessary and proper to facilitate the expeditious resolution of its project-related environmental review.
(c) Deference to Commission.--In making a decision with respect to a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), each agency shall give deference, to the maximum extent authorized by law, to the scope of the project-related environmental review that the Commission determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, not later than 30 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), any Federal or State agency, local government, or Indian Tribe that may issue a Federal authorization or is required by Federal law to consult with the Commission in conjunction with the issuance of a Federal authorization required for such authorization or certificate.
(2) Invitation.--
(A) In general.--Not later than 45 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall invite any agency identified under paragraph (1) to participate in the review process for the applicable Federal authorization.
(B) Deadline.--An agency invited under subparagraph (A) shall submit a response to the Commission by not later than 30 days after the date the invitation is received, which may be extended by the Commission for good cause for a period of not more than 15 days.
(C) Failure to meet deadline.--If an agency invited under subparagraph (A) fails to meet the deadline described in subparagraph (B), the agency shall not be considered a participating or cooperating agency.
(3) Designation as participating agencies.--Not later than 60 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall designate an agency identified under paragraph (1) as a participating agency with respect to that application unless the agency informs the Commission, in writing, by the deadline established pursuant to paragraph (2)(B), that the agency--
(A) has no jurisdiction or authority with respect to the applicable Federal authorization;
(B) has no special expertise or information relevant to any project-related environmental review; or
(C) does not intend to submit comments for the record for the project-related environmental review conducted by the Commission.
(e) Comment Deadline.--The Commission is not required to respond to comments regarding a Federal authorization submitted after the applicable comment period is over.
(f) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341), a certification under such section shall not be required with respect to a Federal authorization.
(2) Coordination.--With respect to any environmental review for a Federal authorization to conduct an activity that will directly result in a discharge into the navigable waters (within the meaning of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)), the Commission shall identify as an agency under subsection (d)(1) the State in which the discharge originates or will originate, or, if appropriate, the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate.
(3) Proposed conditions.--A State or interstate agency designated as a participating agency pursuant to paragraph (2) may propose to the Commission terms or conditions for inclusion in an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) that the State or interstate agency determines are necessary to ensure that any discharge described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317).
(4) Commission consideration of conditions.--The Commission may include a term or condition in an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) proposed by a State or interstate agency under paragraph (3) only if the Commission finds with clear and convincing evidence that the term or condition is necessary to ensure that any discharge described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317).
(5) Commission denial of certificate.--The Commission may deny an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) based on water quality concerns only if the Commission finds with clear and convincing evidence that the proposed project cannot comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317).
(g) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) set by the Commission under section 15(c)(1) of that Act (15 U.S.C. 717n(c)(1)) shall be not later than 90 days after the Commission completes its project-related environmental review, unless an applicable schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency that may consider an aspect of an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) shall--
(A) carry out the obligations of that agency under applicable law; and
(B) in considering an aspect of an application for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), shall--
(i) carry out the obligations of that agency under applicable law concurrently, and in conjunction with, the project-related environmental review conducted by the Commission, pursuant to a schedule established by the Commission not to exceed 270 days, but subject to the condition that the Commission may, at the request of the agency and for good cause, grant a single 60-day extension; and
(ii) not less often than once every 90 days, transmit to the Commission a report describing the progress made in considering such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State agency, including the Commission, fails to meet a deadline for a Federal authorization set forth in the schedule established by the Commission under section 15(c)(1) of the Natural Gas Act (15 U.S.C.
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717n(c)(1)), not later than 5 days after such deadline, the head of the relevant Federal agency (including, in the case of a failure by a State agency, the Federal agency overseeing the delegated authority) shall notify Congress and the Commission of such failure and set forth a recommended implementation plan to ensure completion of the action to which such deadline applied.
(h) Consideration of Applications for Federal Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies that may consider an aspect of an application for a Federal authorization shall identify, as early as possible and not later than 90 days after receipt of a request for the Federal authorization, any issues of concern that may delay or prevent an agency from working with the Commission to resolve such issues and granting the Federal authorization.
(B) Issue resolution.--The Commission may forward any issue of concern identified under subparagraph (A) to the heads of the relevant agencies (including, in the case of an issue of concern that is a failure by a State agency, the Federal agency overseeing the delegated authority, if applicable) for resolution.
(2) Remote surveys.--
(A) In general.--If a Federal or State agency considering an aspect of an application for a Federal authorization requires the person applying for the Federal authorization to submit data, the agency shall--
(i) consider any such data gathered by aerial or other remote means that the person submits; and
(ii) accept aerial surveys in absence of clear and convincing evidence.
(B) Conditional approval.--The agency may grant a conditional approval for a Federal authorization based on data gathered by aerial or remote means, conditioned on the verification of such data by subsequent onsite inspection if the Commission determines that an onsite inspection is likely to materially alter the final determination of the Commission or the grant of the certificate.
(3) Application processing.--The Commission, and Federal and State agencies, may allow a person applying for a Federal authorization to fund a third-party contractor to assist in reviewing the application for the Federal authorization.
(i) Accountability, Transparency, Efficiency.--
(1) In general.--For an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) that requires multiple Federal authorizations, the Commission, with input from any Federal or State agency considering an aspect of the application, shall track and make available to the public on the website of the Commission information related to the actions required to complete the Federal authorizations.
(2) Inclusions.--The information described in paragraph (1) shall include the following:
(A) The schedule established by the Commission under section 15(c)(1) of the Natural Gas Act (15 U.S.C. 717n(c)(1)).
(B) A list of all the actions required by each applicable agency to complete permitting, reviews, and other actions necessary to obtain a final decision on the application.
(C) The expected completion date for each action described in subparagraph (B).
(D) A point of contact at the agency responsible for each such action.
(E) In the event that an action is still pending as of the expected date of completion, a brief explanation of the reasons for the delay.
(j) Strengthening Judicial Review of Natural Gas Act Projects.--Section 19 of the Natural Gas Act (15 U.S.C. 717r) is amended--
(1) in subsection (b), in the eighth sentence, by striking "certification" and all that follows through the period at the end and inserting "certification as provided in section 1254 of title 28, United States Code."; and
(2) in subsection (d)--
(A) in paragraph (3), in the first sentence, by striking "If the Court finds" and inserting the following: "Except as provided in paragraph (6), if the Court finds"; and
(B) by adding at the end the following:
"(6) Exception for certain orders or actions.--
"(A) In general.--Notwithstanding any other provision of this section, for petitions challenging an order or action taken by the Commission under section 3 or section 7, the court may not set aside, vacate, or otherwise void that order or action.
"(B) Court action.--Notwithstanding chapter 7 of title 5, United States Code, the Court shall remand the proceeding, without vacatur or injunction, to the applicable Federal or State agency to take appropriate action if the Court finds that an order or action described in paragraph (1)--
"(i) would prevent the construction, expansion, or operation of the facility subject to section 3 or 7; and
"(ii)(I) is inconsistent with applicable Federal law; or
"(II) is not supported by clear and convincing evidence.".
SEC. _02. IMPROVING WATER QUALITY CERTIFICATIONS.
Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341) is amended--
(1) in subsection (a)--
(A) by striking "(a)(1) Any applicant" and all that follows through "No license" in the sixth sentence of paragraph (1) and inserting the following:
"(a) Compliance With Applicable Requirements.--
"(1) Certification required.--
"(A) In general.--Any applicant for a Federal license or permit to conduct any activity, including the construction or operation of facilities, which may result in a discharge directly into the navigable waters shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307.
"(B) Certification of no applicable limitation.--In the case of any discharge described in subparagraph (A) for which there is not an applicable effluent limitation or other limitation under sections 301(b) and 302, and there is not an applicable standard under sections 306 and 307, the State, interstate water pollution control agency, or Administrator, as applicable, shall so certify, except that any such certification shall not be deemed to satisfy section 511(c).
"(C) Certification by the administrator.--In any case in which a State or interstate water pollution control agency has no authority to give a certification under subparagraph (A)--
"(i) the certification shall be from the Administrator; and
"(ii) subsection (d) shall apply to the request for certification.
"(D) Procedures required.--
"(i) In general.--The Administrator and each State and interstate water pollution control agency that has authority to give a certification under this subsection shall establish procedures for public notice in the case of all requests for certification under this subsection by the State, interstate water pollution control agency, or Administrator, as applicable, and, to the extent that the State, interstate water pollution control agency, or Administrator determines it appropriate, procedures for public hearings in connection with specific requests.
"(ii) Decision criteria.--A decision to grant or deny a request for certification under this subsection shall be based solely on whether the discharge complies with the applicable provisions of sections 301, 302, 303, 306, and 307, and the grounds for that decision shall be set forth in writing and provided to the applicant.
"(iii) Deadline for requesting additional information.--Not later than 90 days after the date on which a State, an interstate water pollution control agency, or the Administrator, as applicable, receives a request for certification under this subsection, the State, interstate water pollution control agency, or Administrator shall identify in writing any specific additional materials or information necessary for the request for certification to be considered complete pursuant to subsection (d).
"(iv) Publication requirement.--Not later than 30 days after the date of enactment of this clause, the Administrator and each State and interstate water pollution control agency that has authority to give a certification under this subsection shall publish the requirements for a certification under this subsection for an applicant to use to demonstrate to the Administrator, State, or interstate water pollution control agency, as applicable, compliance with the applicable provisions of sections 301, 302, 303, 306, and 307.
"(E) Decisionmaking.--
"(i) Definition of receipt.--In this subparagraph, the term `receipt', with respect to a request for certification under this subsection, means the date on which the State, interstate water pollution control agency, or Administrator, as applicable, initially receives the request for certification, regardless of whether the request for certification is determined to be complete or additional information is requested pursuant to subparagraph (D)(iii).
"(ii) Actions on a request.--The State, interstate water pollution control agency, or Administrator, as applicable, may--
"(I) grant a request for certification under this subsection with or without conditions;
"(II) deny the request; or
"(III) waive the requirement for certification under this subsection with respect to the application for the Federal license or permit.
"(iii) Failure to act.--
"(I) In general.--If a State, an interstate water pollution control agency, or the Administrator, as applicable, fails to act on a request for certification in accordance with clause (ii) within a reasonable period of time to be determined by the Federal licensing or permitting agency (which shall not exceed 1 year after receipt of the request), the requirement for certification under this subsection shall be deemed to be waived with respect to the application for the Federal license or permit.
"(II) No judicial review.--Notwithstanding any other provision of law, a finding of a waiver by the Federal licensing or permitting agency under subclause (I) shall not be subject to judicial review.
"(iv) No tolling.--The 1-year period described in clause (iii) may not be tolled, paused, or extended for any reason, including through requests for additional information, solicitation of public comment, or environmental reviews.
"(F) No action.--No license"; and
(B) in paragraph (4), in the first sentence, by striking "any discharge into the navigable waters" and inserting "a discharge directly into the navigable waters";
(2) in subsection (b), by striking "(b) Nothing" and inserting the following:
"(b) Compliance With Other Provisions of Law Setting Applicable Water Quality Requirements.--Except as provided in subsection (e), nothing";
(3) in subsection (c), by striking "(c) In order" and inserting the following:
"(c) Authority of Secretary of the Army To Permit Spoil Disposal Areas by Federal Licensees or Permittees.--In order"; and
(4) by striking subsection (d) and inserting the following:
"(d) Certification Request Requirements.--
"(1) Written request required.--A request for certification under subsection (a) shall be made in writing to the State, interstate water pollution control agency, or Administrator, as applicable.
"(2) Requirements for complete request.--A completed request for certification under subsection (a) shall consist of--
"(A) an identification of each applicant for the Federal license or permit with respect to which certification is requested;
"(B) a statement that information included in the request for certification is truthful, accurate, and complete, to the best knowledge of each applicant;
"(C) in the case of a request for certification with respect to an individual permit or license--
"(i) an identification of the Federal license or permit that is the subject of the application with respect to which the
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certification is requested;
"(ii) an identification, based on the reasonable belief of the applicant at the time the application is submitted, of any activity the conduct of which is subject to the Federal license or permit identified under clause (i);
"(iii) an identification of--
"(I) the location, point of origin, and characteristics of any discharge that may directly enter the navigable waters; and
"(II) the location of the specific navigable waters that would receive such a discharge;
"(iv) a description of the means that may be used to monitor, control, or manage a discharge identified under clause (iii); and
"(v) a list of all other Federal, interstate, Tribal, State, or local agency authorizations required for the conduct of an activity identified under clause (ii), including a description of any authorizations described in that list that are already received; and
"(D) in the case of a request for certification with respect to the issuance of a general license or a general permit--
"(i) an identification of the proposed categories of activities to be covered by the general license or general permit;
"(ii) a description of the proposed general license or general permit, which may include a draft of the proposed general license or general permit; and
"(iii) an estimate of the number of discharges expected to result from the proposed general license or general permit annually.
"(3) Prohibition.--No State or interstate water pollution control agency, nor the Administrator, may, for purposes of a request for certification under subsection (a), require the inclusion of information beyond the information described in paragraph (2).
"(e) Certification Conditions.--
"(1) In general.--A certification obtained under subsection (a) shall set forth any effluent limitations and other limitations and monitoring requirements necessary to ensure that any discharge subject to a certification under that subsection will comply with the applicable provisions of sections 301, 302, 303, 306, and 307, and any such limitation or requirement shall be imposed by the Federal licensing or permitting agency as a condition on the applicable Federal license or permit subject to the provisions of this section.
"(2) Requirements for conditions.--A certifying State or interstate water pollution control agency, or the Administrator, as applicable, may only include a condition on a certification under subsection (a) that requires the applicant to modify an activity of the applicant which may result in a discharge directly into the navigable waters if the State, interstate water pollution control agency, or Administrator determines, based on clear and convincing evidence, that the modification is--
"(A) necessary for the activity to avoid violating an applicable provision of section 301, 302, 303, 306, or 307;
"(B) least burdensome for the applicant, as compared to other possible modifications, taking into account--
"(i) technical feasibility;
"(ii) cost;
"(iii) the purpose of the applicant in proposing the activity;
"(iv) impacts on the schedule for the activity; and
"(v) the commercial viability of the proposed condition; and
"(C) consistent with the requirements for the Federal license or permit for which the certification is sought.
"(3) Limitations on conditions for hydroelectric projects.--A certification obtained under subsection (a) for a hydroelectric project may not include conditions relating to the quantity, timing, or rate of water flow over, through, or around that project.
"(f) Requirements for Denial.--A certifying State or interstate water pollution control agency, or the Administrator, as applicable, may only deny a request for certification under subsection (a) if the State, interstate water pollution control agency, or Administrator determines, based on clear and convincing evidence, that there is no modification to or reasonable condition on the activities of the applicant that could make it possible for the activity to avoid violating an applicable provision of section 301, 302, 303, 306, or 307.
"(g) Enforcement.--Notwithstanding section 505, any condition imposed on a Federal license or permit by a Federal licensing or permitting agency under this section may only be enforced by that Federal licensing or permitting agency.
"(h) Judicial Review.--
"(1) Scope.--This subsection applies to any civil action for the review of a certification under subsection (a).
"(2) Jurisdiction.--
"(A) In general.--Notwithstanding section 19(d)(1) of the Natural Gas Act (15 U.S.C. 717r(d)(1)) or any other provision of law, a civil action subject to this subsection shall be filed in a court of appeals of the United States for--
"(i) the judicial circuit in which the applicant is located or has its principal place of business;
"(ii) the judicial circuit for the State in which the project for which the certification under subsection (a) would be issued is or will be located; or
"(iii) the District of Columbia Circuit.
"(B) Original and exclusive jurisdiction.--A court of appeals described in subparagraph (A) shall have original and exclusive jurisdiction over the applicable civil action.
"(C) Standing.--Notwithstanding any other provision of law, no court shall have jurisdiction to review a civil action subject to this subsection unless the civil action is filed--
"(i) not later than 60 days after the date on which final action on the certification under subsection (a) is taken; and
"(ii) by--
"(I) the applicant; or
"(II) a person who has suffered, or likely and imminently will suffer, direct and irreparable economic harm from the certification, subject to the condition that an organization or association shall satisfy the requirement of this clause only if each member of the organization or association satisfies the requirement.
"(3) Expedited consideration.--
"(A) In general.--In reviewing a civil action subject to this subsection, a court shall--
"(i) set any petition for review under that civil action for expedited consideration; and
"(ii) subject to subparagraph (B), issue a final decision not later than 120 days after the date on which the civil action is filed.
"(B) Extraordinary circumstances.--If a court finds that there are extraordinary circumstances that apply to a civil action subject to this subsection, the court may extend the 120-day period described in subparagraph (A)(ii) by an additional 60 days.
"(4) Standard of review.--In reviewing the denial of a certification under subsection (a), a court shall find the denial unlawful unless the court finds, based on clear and convincing evidence, that--
"(A) the certifying State or interstate water pollution control agency or the Administrator, as applicable, has demonstrated that no condition would achieve compliance with the applicable provisions of section 301, 302, 303, 306, or 307; and
"(B) the certifying State or interstate water pollution control agency or the Administrator, as applicable, considered specific alternative conditions, including alternatives offered by the applicant, and determined that those alternative conditions would not achieve compliance with applicable provisions of section 301, 302, 303, 306, or 307.
"(5) Nonapplicant challenges.--If a party other than the applicant brings a civil action subject to this subsection against a certification obtained under subsection (a), the nonapplicant party shall demonstrate, with clear and convincing evidence, that the project or activity for which the certification was granted fails to achieve compliance with applicable provisions of section 301, 302, 303, 306, or 307.
"(6) Remedy.--
"(A) No vacatur.--Notwithstanding any other provision of law, no court shall have the authority to set aside, vacate, nullify, or otherwise render unenforceable any certification under subsection (a).
"(B) Limited remedies.--In a review of a certification under subsection (a), a court may only affirm or modify the certification, and may remand the certification to the State, interstate water pollution control agency, or the Administrator, as applicable, for corrective action.
"(i) Description of Applicable Provisions.--For purposes of this section, the applicable provisions of sections 301, 302, 303, 306, and 307 are any applicable effluent limitations and other limitations under section 301 or 302, any water quality standard in effect for a State under section 303, any standard of performance under section 306, and any prohibition, effluent standard, or pretreatment standard under section 307.".
SEC. _03. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
(a) Improving Water Quality General Permits.--Section 402(a) of the Federal Water Pollution Control Act (33 U.S.C. 1342(a)) is amended by adding at the end the following:
"(6) General permits.--
"(A) Permits authorized.--The Administrator may issue general permits under this section on a State, regional, or nationwide basis, or for a delineated area, for discharges associated with any category of activities the discharges of which are of similar types and from similar sources.
"(B) Permit expiration notification.--If the Administrator does not intend to issue a general permit under this paragraph that covers discharges that are substantially similar to discharges covered by a previously issued general permit, not later than the date that is 2 years before the date on which the previously issued general permit will expire, the Administrator shall publish in the Federal Register a notice of the decision not to reissue the general permit.
"(C) Application of permit terms of an expired permit.--
"(i) In general.--If a general permit issued under this paragraph expires and the Administrator has not published a notice under subparagraph (B), the Administrator shall, until the date described in clause (ii)--
"(I) continue to apply the terms, conditions, and requirements of the expired general permit to any discharge that was covered by the expired general permit; and
"(II) apply those terms, conditions, and requirements to any discharge that would have been covered by the expired general permit (in accordance with any relevant requirements for that coverage) if the discharge had occurred before that expiration.
"(ii) Date described.--The date referred to in clause (i) is the date that is the earlier of--
"(I) the date on which the Administrator issues a new general permit for discharges substantially similar to those covered by the expired general permit; and
"(II) the date that is 2 years after the date on which the Administrator publishes in the Federal Register a notice described in subparagraph (B).".
(b) NPDES Permit Terms.--Section 402(b)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended by striking "five years" and inserting "10 years".
SEC. _04. PROVIDING CERTAINTY TO PERMITS FOR DREDGED OR FILL
MATERIAL.
(a) Reducing Permitting Uncertainty.--
(1) In general.--Section 404(c) of the Federal Water Pollution Control Act (33 U.S.C.
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1344(c)) is amended--
(A) in the third sentence--
(i) by striking "his findings and his reasons" and inserting "the findings and reasons of the Administrator"; and
(ii) by striking "The Administrator" and inserting the following:
"(4) Written determination.--The Administrator";
(B) in the second sentence, by striking "Before making such determination," and inserting the following:
"(3) Consultation.--Before making a determination under paragraph (1),";
(C) by striking "(c) The Administrator" and inserting the following:
"(c) Specification or Use of Defined Area.--
"(1) In general.--The Administrator";
(D) in paragraph (1) (as so designated)--
(i) by striking "he is authorized"; and
(ii) by striking "he determines, after notice and opportunity for public hearings," and inserting "the Administrator determines, during the period described in paragraph (2) and after notice and opportunity for public hearings,"; and
(E) by inserting after paragraph (1) (as so designated) the following:
"(2) Period of prohibition.--The period during which the Administrator may prohibit the specification (including the withdrawal of specification) of a defined area as a disposal site, or deny or restrict the use of a defined area for specification (including the withdrawal of specification) as a disposal site, under paragraph (1) is the period that--
"(A) begins on the date on which an applicant submits all the information required to complete an application for a permit under this section; and
"(B) ends on the date on which the Secretary issues the permit.".
(2) Applicability.--The amendments made by paragraph (1) shall apply to a permit application submitted under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of enactment of this Act.
(b) Nationwide Permitting Improvement.--
(1) In general.--Section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)) is amended--
(A) by striking "(e)(1) In carrying out his functions" and inserting the following:
"(e) General Permits.--
"(1) Permits authorized.--In carrying out the functions of the Secretary";
(B) in paragraph (2)--
(i) by striking "(2) No general" and inserting the following:
"(2) Term.--No general"; and
(ii) by striking "five years" and inserting "10 years"; and
(C) by adding at the end the following:
"(3) Considerations.--In determining the environmental effects of an activity under paragraph (1) or (2), the Secretary--
"(A) shall consider only the effects of any discharge of dredged or fill material resulting from the activity;
"(B) shall consider any effects of a discharge of dredged or fill material into less than 3 acres of navigable waters to be a minimal adverse environmental effect; and
"(C) may consider any effects of a discharge of dredged or fill material into 3 acres or more of navigable waters to be a minimal adverse environmental effect.
"(4) Nationwide permits for linear projects.--
"(A) Definitions.--In this paragraph:
"(i) Linear infrastructure project.--The term `linear infrastructure project' means a project to carry out any activity required for--
"(I) the construction, expansion, maintenance, modification, or removal of infrastructure and associated facilities for the transmission from a point of origin to a terminal point of communications or electricity; or
"(II) the transportation from a point of origin to a terminal point of people, water, or wastewater.
"(ii) Linear pipeline project.--The term `linear pipeline project' means a project to carry out any activity required for the construction, expansion, maintenance, modification, or removal of infrastructure and associated facilities for the transportation from a point of origin to a terminal point of carbon dioxide, fuel, or hydrocarbons, in the form of a liquid, liquescent, gaseous, or slurry substance or supercritical fluid, including oil and gas pipeline facilities.
"(iii) Single and complete project.--The term `single and complete project' has the meaning given the term in section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).
"(B) Rule.--Notwithstanding any other provision of this section, the Secretary shall issue and maintain general permits on a nationwide basis under this subsection for--
"(i) linear infrastructure projects that result in a discharge of dredged or fill material into less than 3 acres of navigable waters for each single and complete project; and
"(ii) linear pipeline projects that do not result in the loss of navigable waters in an area that is greater than 0.5 acres for each single and complete project.
"(C) Pipeline threshold floor.--Nothing in subparagraph (B)(ii) limits the authority of the Secretary to authorize pipeline-related discharges of dredged or fill material into areas of navigable waters that are greater than 0.5 acres but below the 3-acre threshold described in subparagraph (B)(i).
"(5) Reissuance of nationwide permits.--In determining whether to reissue a general permit issued under this subsection on a nationwide basis--
"(A) no consultation with an applicable State pursuant to section 6(a) of the Endangered Species Act of 1973 (16 U.S.C. 1535(a)) is required;
"(B) no consultation with a Federal agency pursuant to section 7(a)(2) of that Act (16 U.S.C. 1536(a)(2)) is required; and
"(C) the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall be satisfied by preparing an environmental assessment (as defined in section 111 of that Act (42 U.S.C. 4336e)) with respect to the general permit.".
(2) Regulatory revisions required.--The Secretary of the Army, acting through the Chief of Engineers, shall expeditiously revise the regulations applicable to carrying out section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)) in order to streamline the processes for issuing general permits under that section to promote efficient and consistent implementation of that section.
(3) Administration of nationwide permit program.--In carrying out section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)), including in revising regulations pursuant to paragraph (2), the Secretary of the Army, acting through the Chief of Engineers, may not finalize or implement any modification to--
(A) general condition 15 (relating to single and complete projects), as included in the final rule of the Corps of Engineers entitled "Reissuance and Modification of Nationwide Permits" (86 Fed. Reg. 2744 (January 13, 2021));
(B) the definition of the term "single and complete linear project", as included in the final rule described in subparagraph (A); or
(C) the definition of the term "single and complete project" under section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(c) Judicial Review.--Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
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1344) is amended--
(1) in subsection (t), by striking "(t) Nothing in the section" and inserting the following:
"(u) Savings Provision.--Nothing in this section"; and
(2) by inserting after subsection (s) the following:
"(t) Judicial Review.--
"(1) Statute of limitations.--Notwithstanding any applicable provision of law--
"(A) an action seeking judicial review of the approval by the Administrator of a State permit program pursuant to this section shall be filed not later than 60 days after the date on which the approval was issued;
"(B) an action seeking judicial review of an individual permit or general permit issued under this section shall be filed not later than 60 days after the date on which the permit was issued; and
"(C) an action seeking judicial review of a verification that an activity involving the discharge of dredged or fill material is authorized by a general permit issued under this section shall be filed not later than 60 days after the date on which the verification was issued.
"(2) Limitation on commencement of certain actions.--Notwithstanding any other provision of law, no action described in subparagraph (A) or (B) of paragraph (1) may be commenced unless the action--
"(A) is filed by a party that submitted a comment--
"(i) during the public comment period for the administrative proceedings related to the action; and
"(ii) which was sufficiently detailed to put the Administrator, the Secretary, or the State, as applicable, on notice of the issue on which the party seeks judicial review; and
"(B) is related to that comment.
"(3) Jurisdiction.--
"(A) In general.--Unless otherwise provided by law, a civil action subject to this subsection shall be filed in a court of appeals of the United States for--
"(i) the judicial circuit in which, as applicable--
"(I) the applicant for the applicable permit is located or has its principal place of business; or
"(II) the person seeking the applicable verification is located or has its principal place of business;
"(ii) the judicial circuit for the State, as applicable--
"(I) for which the approval for a State permit program pursuant to this section was sought; or
"(II) in which--
"(aa) the activity for which the permit was sought would be carried out; or
"(bb) the activity for which the verification was sought would be carried out; or
"(iii) the District of Columbia Circuit.
"(B) Original and exclusive jurisdiction.--A court of appeals described in subparagraph (A) shall have original and exclusive jurisdiction over the applicable civil action.
"(C) Standing.--Notwithstanding any other provision of law, no court shall have jurisdiction to review a civil action subject to this subsection unless the civil action is filed--
"(i) not later than 60 days after the date on which the challenged action was finalized; and
"(ii) by--
"(I) the applicant; or
"(II) a person who has suffered, or likely and imminently will suffer, direct and irreparable economic harm from the approval, permit, or verification, subject to the condition that an organization or association shall satisfy the requirement of this clause only if each member of the organization or association satisfies the requirement.
"(4) Standard of review.--In reviewing the denial of a permit under this section, a court shall find the denial unlawful unless the court finds, based on clear and convincing evidence, that--
"(A) the Secretary has demonstrated that no condition on the permit would achieve compliance with the applicable provisions of section 301, 302, 303, 306, or 307; and
"(B) the Secretary considered specific alternative conditions, including alternatives offered by the applicant, and determined that those alternative conditions would not achieve compliance with this section.
"(5) Nonapplicant challenges.--If a party other than the applicant brings a civil action subject to this subsection seeking review of a permit under this section, the nonapplicant party shall demonstrate, with clear and convincing evidence, that, as applicable, the approval of the State permit program, the project for which the permit was granted, or the project for which verification was provided fails to achieve compliance with this section.
"(6) Remedies.--
"(A) Actions relating to permit programs.--If a court determines that the Administrator, in issuing the approval of a State permit program under this section, did not comply with this section--
"(i) the court shall remand the matter to the Administrator for further proceedings consistent with the determination of the court; and
"(ii) the court may not vacate, revoke, enjoin, or otherwise limit the authority of the State to issue permits under that State permit program.
"(B) Actions relating to permits.--If a court determines that the Secretary or a State, as applicable, did not comply with the requirements of this section in issuing an individual or general permit under this section, or in verifying that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section, as applicable--
"(i) the court shall remand the matter to the Secretary or the State, as applicable, for further proceedings consistent with the determination of the court;
"(ii) with respect to a determination regarding the issuance of an individual or general permit under this section--
"(I) the court may not vacate, revoke, enjoin, or otherwise limit the permit unless the court finds that activities authorized under the permit would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law; and
"(II) any injunction or other limitation ordered pursuant to subclause (I)--
"(aa) shall be narrowly tailored to the specific crossing, discharge, segment, or activity found to present an imminent and substantial danger; and
"(bb) may not extend to unrelated crossings, spreads, or project segments that are independently authorized and not the source of the alleged harm; and
"(iii) with respect to a determination regarding a verification that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section, the court may not enjoin or otherwise limit the discharge unless the court finds that activities authorized under the permit would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law.
"(7) Timeline to act on court order.--If a court remands a matter under paragraph (6), the court shall set and enforce a reasonable schedule and deadline, which may not exceed 180 days from the date on which the court remands the matter except as otherwise required by law, for the Administrator, the Secretary, or a State, as applicable, to take such actions as the court may order.".
SEC. _05. HARDROCK MINING MILL SITES.
(a) Multiple Mill Sites.--Section 2337 of the Revised Statutes (30 U.S.C. 42) is amended by adding at the end the following:
"(c) Additional Mill Sites.--
"(1) Definitions.--In this subsection:
"(A) Mill site.--The term `mill site' means a location of public land that is reasonably necessary for waste rock or tailings disposal or other operations reasonably incident to mineral development on, or production from land included in a plan of operations.
"(B) Operations; operator.--The terms `operations' and `operator' have the meanings given those terms in section 3809.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection).
"(C) Plan of operations.--The term `plan of operations' means a plan of operations that an operator must submit and the Secretary of the Interior or the Secretary of Agriculture, as applicable, must approve before an operator may begin operations, in accordance with, as applicable--
"(i) subpart 3809 of title 43, Code of Federal Regulations (or successor regulations establishing application and approval requirements); and
"(ii) part 228 of title 36, Code of Federal Regulations (or successor regulations establishing application and approval requirements).
"(D) Public land.--The term `public land' means land owned by the United States that is open to location under sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.), including--
"(i) land that is mineral-in-character (as defined in section 3830.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection));
"(ii) nonmineral land (as defined in section 3830.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection)); and
"(iii) land where the mineral character has not been determined.
"(2) In general.--Notwithstanding subsections (a) and (b), where public land is needed by the proprietor of a lode or placer claim for operations in connection with any lode or placer claim within the proposed plan of operations, the proprietor may--
"(A) locate and include within the plan of operations as many mill site claims under this subsection as are reasonably necessary for its operations; and
"(B) use or occupy public land in accordance with an approved plan of operations.
"(3) Mill sites convey no mineral rights.--A mill site under this subsection does not convey mineral rights to the locator.
"(4) Size of mill sites.--A location of a single mill site under this subsection shall not exceed 5 acres.
"(5) Mill site and lode or placer claims on same tracts of public land.--A mill site may be located under this subsection on a tract of public land on which the claimant or operator maintains a previously located lode or placer claim.
"(6) Effect on mining claims.--The location of a mill site under this subsection shall not affect the validity of any lode or placer claim, or any rights associated with such a claim.
"(7) Patenting.--A mill site under this section shall not be eligible for patenting.
"(8) Savings provisions.--Nothing in this subsection--
"(A) diminishes any right (including a right of entry, use, or occupancy) of a claimant;
"(B) creates or increases any right (including a right of exploration, entry, use, or occupancy) of a claimant on land that is not open to location under the general mining laws;
"(C) modifies any provision of law or any prior administrative action withdrawing land from location or entry;
"(D) limits the right of the Federal Government to regulate mining and mining-related activities (including requiring claim validity examinations to establish the discovery of a valuable mineral deposit) in areas withdrawn from mining, including under--
"(i) the general mining laws;
"(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
"(iii) the Wilderness Act (16 U.S.C. 1131 et seq.);
"(iv) sections 100731 through 100737 of title 54, United States Code;
"(v) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
"(vi) division A of subtitle III of title 54, United States Code (commonly referred to as the `National Historic Preservation Act'); or
"(vii) section 4 of the Act of July 23, 1955 (commonly known as the `Surface Resources Act of 1955') (69 Stat. 368, chapter 375; 30 U.S.C.
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612);
"(E) restores any right (including a right of entry, use, or occupancy, or right to conduct operations) of a claimant that--
"(i) existed prior to the date on which the land was closed to, or withdrawn from, location under the general mining laws; and
"(ii) that has been extinguished by such closure or withdrawal; or
"(F) modifies section 404 of division E of the Consolidated Appropriations Act, 2024 (Public Law 118-42).".
(b) Abandoned Hardrock Mine Fund.--
(1) Establishment.--There is established in the Treasury of the United States a separate account, to be known as the "Abandoned Hardrock Mine Fund" (referred to in this subsection as the "Fund").
(2) Source of deposits.--Any amounts collected by the Secretary of the Interior pursuant to the claim maintenance fee under section 10101(a)(1) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under subsection (c) of section 2337 of the Revised Statutes (30 U.S.C. 42) shall be deposited into the Fund.
(3) Use.--The Secretary of the Interior may make expenditures from amounts available in the Fund, without further appropriations, only to carry out section 40704 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
(4) Allocation of funds.--Amounts made available under paragraph (3)--
(A) shall be allocated in accordance with section 40704(e)(1) of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245(e)(1)); and
(B) may be transferred in accordance with section 40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).
(c) Clerical Amendments.--Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) by striking "the Mining Law of 1872 (30 U.S.C. 28-28e)" each place it appears and inserting "sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)";
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking "Such claim maintenance fee" and inserting the following:
"(B) Fee.--The claim maintenance fee under subparagraph (A)"; and
(ii) in the first sentence, by striking "The holder of" and inserting the following:
"(A) In general.--The holder of"; and
(B) in paragraph (2)--
(i) in the second sentence--
(I) by striking "the Mining Law of 1872 (30 U.S.C. 28 to 28e)" and inserting "sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)"; and
(II) by striking "Such claim maintenance fee" and inserting the following:
"(B) Fee.--The claim maintenance fee under subparagraph (A)"; and
(ii) in the first sentence, by striking "The holder of" and inserting the following:
"(A) In general.--The holder of"; and
(3) in subsection (b)--
(A) in the second sentence, by striking "The location fee" and inserting the following:
"(2) Fee.--The location fee"; and
(B) in the first sentence, by striking "The claim main tenance fee" and inserting the following:
"(1) In general.--The claim maintenance fee".
SEC. _06. AMENDMENTS TO NEPA.
(a) Purposes.--Section 2 of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) is amended--
(1) by striking the section designation and heading and all that follows through "are: To" and inserting the following:
"SEC. 2. PURPOSES.
"(a) Purposes.--The purposes of this Act are to"; and
(2) by adding at the end the following:
"(b) Intent.--This Act--
"(1) is a procedural statute intended to ensure Federal agencies consider the environmental impacts of their actions during the decisionmaking process;
"(2) does not mandate particular results; and
"(3) only prescribes a purely procedural process.
"(c) Effect.--Nothing in this Act--
"(1) mandates any specific environmental outcome or result; or
"(2) confers substantive rights or imposes substantive duties beyond procedural requirements.".
(b) Procedure for Determination of Level of Review.--Section 106 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336) is amended--
(1) in the section heading, by inserting "; scope of review" after "level of review";
(2) in subsection (a)--
(A) in paragraph (2), by striking "109 of this Act," and inserting "109, a categorical exclusion established by Congress,";
(B) in paragraph (3), by striking "or";
(C) in paragraph (4), by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
"(5) the proposed agency action is an action for which such agency's compliance with another statute's requirements serve a similar function as the requirements of this Act with respect to such action; or
"(6) the proposed agency action--
"(A) relates to a project or action that has already been reviewed pursuant to a State or Tribal environmental review statute, ordinance, resolution, regulation, or formally adopted policy; and
"(B) the lead agency determines such review meets the requirements of this Act.";
(3) in subsection (b)--
(A) in paragraph (2), in the first sentence--
(i) by striking "does not" and inserting "is not likely to"; and
(ii) by striking "109 of this Act," and inserting "109, a categorical exclusion established by Congress,"; and
(B) in paragraph (3), by striking subparagraph (B) and inserting the following:
"(B) is not required to undertake new scientific or technical research--
"(i) unless the new scientific or technical research is essential to a reasoned choice among alternatives, and the overall costs and time frame of obtaining it are not unreasonable; or
"(ii) after the receipt of an application, as applicable, with respect to such proposed agency action."; and
(4) by adding at the end the following:
"(c) Scope of Review.--In preparing an environmental document for a proposed agency action, a Federal agency--
"(1) may only consider effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration; and
"(2) may not consider effects that are speculative, attenuated from the project or action, separate in time or place from the project or action, or in relation to separate existing or potential future projects or actions.
"(d) Presumption of Negative Impacts of Taking No Action Relating to Tribal Trust Resources.--For any proposed agency action carried out on, or directly affecting, Tribal trust resources (including land and minerals) that is initiated by the federally recognized Indian Tribe for which the United States holds the affected resources in trust, and for which an environmental document was prepared that included consideration of a no action alternative, there shall be a presumption that the effects of taking no action will be negative for the federally recognized Indian Tribe.
"(e) Effect of Threshold Determinations on Other Agencies.--If a lead agency determines that an environmental document is not required to be prepared with respect to a proposed agency action under subsection (a), no other Federal agency may prepare an environmental document with respect to the proposed agency action.".
(c) Timely and Unified Federal Reviews.--
(1) Lead agency.--Section 107(a) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(a)) is amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking "at the earliest practicable time" and inserting "in accordance with subsection (g)(2)";
(ii) in subparagraph (D), by striking "carry out the proposed agency action" and inserting "carry out the proposed agency action in accordance with the deadlines described in subsection (g)"; and
(iii) in subparagraph (E)--
(I) by striking "a review" and inserting "an environmental review"; and
(II) by striking "such review" and inserting "such environmental review"; and
(B) in paragraph (3)--
(i) in the first sentence, by inserting "(including counties, boroughs, parishes, and other political subdivisions of a State)" after "local agency"; and
(ii) by adding at the end the following: "Such comments from Federal cooperating agencies shall be limited to matters relating to the proposed agency action with respect to which the Federal cooperating agency has jurisdiction by law.".
(2) One document.--Section 107(b) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(b)) is amended--
(A) by striking "To the extent practicable," and inserting the following:
"(1) Document.--To the extent practicable,"; and
(B) by adding at the end the following:
"(2) Consideration timing.--
"(A) In general.--In preparing an environmental document for a proposed agency action, no Federal agency shall be required to consider any scientific or technical research that becomes publicly available after the earlier of, as applicable--
"(i) the date of receipt of an application with respect to such proposed agency action; and
"(ii) the date of publication of a notice of intent or decision to prepare such environmental document for such proposed agency action.
"(B) Applicability to other law.--Nothing in this paragraph affects any review of information required under subchapter II of chapter 5 of title 5, United States Code, with respect to comments received during the public comment period as applicable.
"(C) Delay.--A Federal agency may not delay the issuance of an environmental document or a final agency action, including any decision or determination, on the basis of awaiting new scientific or technical research or information that was not available as of the earlier of the dates described in subparagraph (A).".
(3) Statement of purpose and need.--Section 107(d) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4336a(d)) is amended by striking the period at the end and inserting ", which shall, where applicable, meet the goals of the applicant.".
(4) Deadlines.--Section 107(g) of the National Environmental Policy Act of 1969 (42 U.S.C.
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4336a(g)) is amended--
(A) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (5), and (6), respectively;
(B) by inserting before paragraph (3) (as so redesignated) the following:
"(1) Applications for authorizations.--
"(A) Notification of complete or incomplete application.--Unless a shorter deadline is specified by law, in connection with a proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 60 days after the date on which the applicant submits the application to the agency, the agency shall document receipt of the application and--
"(i) notify the applicant that the application is complete; or
"(ii) notify the applicant that the application is incomplete and request, in writing, any additional information that the agency needs--
"(I) to determine that the application is complete; and "(II) to begin preparation of an environmental document.
"(B) Agency determination.--
"(i) Complete determination.--If an agency determines that an application is complete under subparagraph (A)(i), the agency shall, not later than 60 days after the date on which the agency makes such determination--
"(I) notify the applicant that the agency has determined that--
"(aa) the proposed agency action is excluded pursuant to 1 of the agency's categorical exclusions;
"(bb) the proposed agency action is not a major Federal action; or
"(cc) no further agency action is required;
"(II) issue a notice of intent to prepare an environmental impact statement for the proposed agency action; or
"(III) notify the applicant that the agency has determined that preparation of an environmental assessment is necessary.
"(ii) Incomplete determination.--If an agency requests additional information under subparagraph (A)(ii), the deadline described in clause (i) shall be based on the date on which the agency receives the additional information instead of the date on which the determination is made.
"(2) Cooperating agencies.--
"(A) In general.--Not later than 21 days after the date on which a lead agency issues a notice of intent under paragraph (1)(B)(i)(II) or notifies an applicant under paragraph (1)(B)(i)(III) with respect to a proposed agency action, the lead agency shall--
"(i) identify all agencies that are likely to have environmental review, authorization, or other responsibilities with respect to the proposed agency action; and
"(ii) invite each agency to become a cooperating agency.
"(B) Deadline to accept invitation.--Not later than 21 days after the date on which an agency receives an invitation to become a cooperating agency under subparagraph (A)(ii), the agency shall accept or deny the invitation.
"(C) Convening of cooperating agencies.--Not later than 7 days after the deadline described in subparagraph (B) has passed for each agency that received an invitation to become a cooperating agency under subparagraph (A)(ii), the lead agency that sent each invitation shall convene each agency that accepts such an invitation to coordinate on developing the schedule under subsection (a)(2)(D) for the applicable proposed agency action.
"(D) Unidentified agencies.--If an agency that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposed agency action is not identified under subparagraph (A)(i), the lead agency with respect to the proposed agency action shall--
"(i) invite such unidentified agency to become a cooperating agency by not later than 7 days after the date on which the lead agency becomes aware that the agency has jurisdiction by law or special expertise; and
"(ii) if such agency accepts the invitation, incorporate such agency into the schedule developed under subsection (a)(2)(D) and update such schedule accordingly by not later than 14 days after the date on which the agency accepts the invitation.";
(C) in paragraph (3) (as so redesignated)--
(i) in the paragraph heading, by striking "In general" and inserting "Review timeline"; and
(ii) in the matter preceding subparagraph (A), by striking "paragraph (2)" and inserting "paragraph (5)";
(D) by inserting after paragraph (3) (as so redesignated) the following:
"(4) Deadline for final agency action.--
"(A) In general.--For any proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 30 days after completing an environmental impact statement or an environmental assessment for the proposed agency action, the lead agency, and any cooperating agency, shall issue a final agency action.
"(B) Performance schedule.--The agency issuing the final agency action under subparagraph (A) shall include, in the final agency action, a performance schedule for the completion of any other outstanding authorizations.";
(E) in paragraph (5) (as so redesignated)--
(i) by striking "the deadline described in paragraph (1)" and inserting "a deadline described in this subsection"; and
(ii) by striking ", in consultation with the applicant, to" and inserting "if the applicant approves such extension. If the applicant approves such extension, the lead agency shall";
(F) in paragraph (6) (as so redesignated)--
(i) in subparagraph (A), by striking "A project sponsor may" and inserting "Except as provided in subparagraph (C), a project sponsor may"; and
(ii) by adding at the end the following:
"(C) Exception.--A project sponsor that approved an extension of a deadline under paragraph (5) may not obtain judicial review of a failure to act in accordance with such deadline under subparagraph (A) unless the lead agency fails to meet the new deadline or is delaying for reasons other than those necessary to complete its review."; and
(G) by adding at the end the following:
"(7) Concurrent review.--In carrying out an environmental review, the lead agency and each cooperating agency shall carry out the obligations of that agency under other applicable laws concurrently, and in conjunction, with other required reviews for the proposed agency action, pursuant to the requirements of applicable law, including, if applicable, this Act.".
(d) Programmatic Environmental Documents.--Section 108 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is amended--
(1) in the matter preceding paragraph (1), by striking "When an agency prepares" and inserting the following:
"(a) Programmatic Environmental Documents.--When an agency prepares";'
(2) in subsection (a) (as so designated)--
(A) in paragraph (1), by striking "5" and inserting "10"; and
(B) in paragraph (2), by striking "5" and inserting "10"; and
(3) by adding at the end the following:
"(b) Reliance on Previously Completed Environmental Reviews.--
"(1) Actions that are substantially the same.--A lead agency may satisfy the requirements of this Act with respect to a major Federal action by relying on an environmental assessment, environmental impact statement, or a categorical exclusion determination that the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency completed for another major Federal action if the lead agency determines that--
"(A) the new major Federal action is substantially the same as the other major Federal action or, if applicable, an alternative analyzed in such environmental assessment or environmental impact statement; and
"(B) if applicable, the effects of the new major Federal action are substantially the same as the effects analyzed in such environmental assessment or environmental impact statement.
"(2) Actions that are not substantially the same.--
"(A) In general.--If a new major Federal action is not substantially the same as another major Federal action or an alternative analyzed in an environmental assessment or environmental impact statement completed by the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency, the lead agency may modify or augment any such previously completed environmental assessment or environmental impact statement as necessary to satisfy the requirements of this Act with respect to the new major Federal action.
"(B) Public availability.--The lead agency shall make any environmental assessment or environmental impact statement modified under subparagraph (A) publicly available as a new environmental assessment or environmental impact statement.".
(e) Adoption of Categorical Exclusions.--Section 109 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336c) is amended--
(1) in the matter preceding paragraph (1), in the first sentence, by inserting ", or that was legislatively enacted by Congress," after "procedures";
(2) in paragraph (1), by inserting ", or that was established by Congress," after "procedures"; and
(3) in paragraph (2), by inserting "if applicable," before "consult".
(f) Definitions.--Section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e) is amended--
(1) in paragraph (1), by inserting ", or Congress deems by statute," after "Federal agency has determined";
(2) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (11), (12), and (13) as paragraphs (2), (3), (4), (5), (6), (7), (8), (11), (12), (13), and (15), respectively, and moving all paragraphs of the section so as to appear in numerical order;
(3) by inserting before paragraph (2) (as so redesignated) the following:
"(1) Authorization.--The term `authorization' means any lease, right-of-way, easement, license, permit, approval, finding, determination, or other administrative decision issued by an agency, or any interagency consultation, that is required or authorized under Federal law in order to construct, modify, or operate a project.";
(4) in paragraph (10)--
(A) in subparagraph (B)--
(i) in clause (iii)--
(I) by inserting "grants (including capitalization grants), cost share awards," after "loan guarantees,";
(II) by striking "sufficient" and inserting "complete"; and
(III) by striking "subsequent use of such financial assistance or the";
(ii) in clause (iv), by striking "section 7(a) or (b) and of the Small Business Act ( U.S.C. 636(a)), or" and inserting "subsection (a) or (b) of section 7 of the Small Business Act (15 U.S.C. 636) or";
(iii) by redesignating clauses (iv) through (vii) as clauses (vi) through (ix), respectively;
(iv) by inserting after clause (iii) the following:
"(iv) farm ownership and operating loan guarantees by the Farm Service Agency pursuant to section 305 and subtitle B of the Consolidated Farm and Rural Development Act (7 U.S.C.
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1925, 1941 et seq.);
"(v) the issuance of a permit or other authorization by a Federal agency where the proposal under consideration is otherwise being evaluated or was previously evaluated by the lead agency in compliance with this Act;"; and
(v) in clause (viii) (as so redesignated), by striking "entirely"; and
(B) by adding at the end the following:
"(C) Additional exclusions.--An agency action may not be determined to be a major Federal action solely on the basis of the provision of Federal funds, including a grant, loan, loan guarantee, and funding assistance."; and
(5) by inserting after paragraph (13) (as so redesignated) the following:
"(14) Reasonably foreseeable.--
"(A) In general.--The term `reasonably foreseeable', with respect to environmental effects of a proposed agency action, means effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration.
"(B) Exclusions.--The term `reasonably foreseeable', with respect to environmental effects of a proposed agency action, does not include effects that are--
"(i) speculative;
"(ii) attenuated from the proposed agency action;
"(iii) separate in time or place from the proposed agency action; or
"(iv) in relation to separate existing or potential future projects.".
(g) Duties of the Council.--Section 204(4) of the National Environmental Policy Act of 1969 (42 U.S.C. 4344(4)) is amended by inserting "energy," after "health,".
(h) Judicial Review.--Title I of the National Environmental Policy Act of 1969 is amended--
(1) by redesignating section 112 (42 U.S.C. 4336f) as section 110A, and moving the section so as to appear after section 110; and
(2) by inserting before section 111 the following:
"SEC. 110B. JUDICIAL REVIEW.
"(a) Role of the Court.--In reviewing a claim or petition for review of whether a final agency action complies with the requirements of this Act, a court--
"(1) shall afford substantial deference to the agency; and
"(2) may not substitute its judgment for that of the agency with respect to the environmental effects included in the final agency action or the environmental document.
"(b) Remand.--
"(1) In general.--If a court holds, under section 706(2)(A) of title 5, United States Code, that a final agency action does not comply with the requirements of this Act, the only remedy the court may order, notwithstanding chapter 7 of that title, is to remand, without vacatur or injunction, the final agency action to the agency with--
"(A) specific instruction to correct the errors or deficiencies found by the court; and
"(B) a reasonable schedule and deadline to correct such errors or deficiencies, which such deadline may not exceed--
"(i) with respect to an order entered on or after the date of enactment of this section, the date that is 180 days after the date on which the order was entered; and
"(ii) with respect to an order entered before the date of enactment of this section, the date that is 180 days after that date of enactment.
"(2) Continued effect of final agency action.--A final agency action remanded under paragraph (1) shall remain in effect while the Federal agency corrects any errors or deficiencies found by the court.
"(3) Prohibition.--No court may issue a temporary restraining order or preliminary injunction during consideration of a claim or petition for review described in subsection (a).
"(c) Limitations on Claims and Petitions for Review.--
"(1) In general.--Notwithstanding any other provision of law (except as provided in subparagraph (A) with respect to a shorter deadline), a claim or petition for review described in subsection (a) shall be barred unless--
"(A) the claim or petition for review is filed not later than 150 days after the date on which the final agency action is made public, unless a shorter deadline is specified under Federal law;
"(B) in the case of a final agency action or petition for review for which there was a public comment period on an environmental document, the claim or petition for review--
"(i) is filed by a party that submitted a substantive and unique comment during the public comment period by the noticed comment deadline for the environmental document and the comment was sufficiently detailed to put the applicable Federal agency on notice of the issue on which the party seeks review; and
"(ii) concerns the same subject matter raised in the comment submitted during the public comment period;
"(C) the claim or petition for review is filed by a party that has suffered or imminently will suffer direct harm from the final agency action; and
"(D) the claim or petition for review does not challenge the establishment of a categorical exclusion.
"(2) Supplemental environmental documents.--
"(A) In general.--If an agency issues a supplemental environmental document in response to a court order remanding a final agency action, the deadline described in paragraph (1)(A) shall be the date on which the agency makes public the agency action for which the supplemental environmental document is prepared.
"(B) Limitation.--A claim for review of a final agency action described in subparagraph (A) shall be limited to information contained in the final supplemental environmental document that was not contained in a previous environmental document for the final agency action.
"(3) Actions for use of tribal trust resources.--
"(A) In general.--For any final agency action that authorizes or affects the use of land, minerals, or other resources already held in trust at the time of the final agency action by the United States for the benefit of a federally recognized Indian Tribe, except as provided in subparagraph (B), there shall be no administrative or judicial review of the final agency action or petition for review based on a claim of failure to comply with the requirements of this Act.
"(B) Limitation.--Subparagraph (A) shall not apply to actions for administrative or judicial review--
"(i) brought by a federally recognized Indian Tribe for which the United States holds the land, minerals, or other resources in trust; or
"(ii) that involve reasonably foreseeable effects of the final agency action that occur outside the land, minerals, or other resources held in trust by the United States for the benefit of a federally recognized Indian Tribe.
"(d) Deadline for Resolution.--
"(1) In general.--A court shall issue a final judgment on a claim or petition for review described in subsection (a)--
"(A) as expeditiously as practicable; and
"(B) unless a shorter deadline is specified under Federal law, not later than the date that is 180 days after the date on which the agency record for the review is filed with the reviewing court, which shall not be more than 60 days after the filing of the claim or petition for review.
"(2) Accelerated deadlines.--Nothing in this subsection prevents a court from further expediting review of a claim or petition for review described in subsection (a).
"(3) Appeals.--
"(A) Filing.--
"(i) In general.--A notice of appeal of a final judgment described in this subsection shall be filed not later than 60 days after the final judgment is issued.
"(ii) Remanded actions.--In the case of a final agency action remanded under subsection (b), the agency and, if applicable, the applicant, shall have the right to appeal during the pendency of the remand.
"(B) Deadline for review.--A court shall issue a final decision on an appeal filed under subparagraph (A)--
"(i) as expeditiously as practicable; and
"(ii) not later than the date that is 180 days after the date on which the appeal is filed.
"(e) No Effect on Review of Compliance With Other Deadlines.--Nothing in this section affects the right to obtain review under section 107(g)(6).".
______
SA 6813. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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At the end of title I, add the following:
SEC. 129. DISCLOSURE OF FOREIGN FINANCING OF INTERCOLLEGIATE
ATHLETICS.
(a) Disclosure to Intercollegiate Athletic Association.--
(1) In general.--A covered person shall disclose to the relevant intercollegiate athletic association (except in the case of a covered person that is an intercollegiate athletic association) all amounts received by the covered person relating to intercollegiate athletics from a foreign government, a foreign adversary, a state-owned enterprise, a sovereign wealth fund, or any other foreign source.
(2) Disclosure deadlines.--
(A) In general.--Except as provided under subparagraph (B), disclosures under paragraph (1) shall be made not later than 30 days after--
(i) entering into a relevant transaction or receiving funds, whichever occurs first; or
(ii) any material change that would impact a previous disclosure.
(B) Name, image, and likeness agreement.--With respect to any name, image, and likeness agreement entered into by a covered person who is a student athlete or prospective student athlete, any disclosure required under this subsection shall be included in the disclosure required under section 101(b).
(b) Report and Public Availability.--
(1) In general.--Not later than August 1 of each year, each intercollegiate athletic association shall submit to the Secretary of Education, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report on--
(A) all disclosures received under subsection (a) during the one-year period preceding the date of the report; and
(B) any amounts received by the intercollegiate athletic association relating to intercollegiate athletics from a foreign government, a foreign adversary, a state-owned enterprise, a sovereign wealth fund, or any other foreign source during the one-year period preceding the date of the report.
(2) Public availability.--Each intercollegiate athletic association shall publish on a publicly available website an updated disclosure containing the matter required under paragraph (1) not later than January 31 and July 31 of each year.
(c) Definitions.--In this section:
(1) Covered person.--The term "covered person" means--
(A) an institution;
(B) a conference;
(C) an intercollegiate athletic association;
(D) an associated entity;
(E) a collective;
(F) a student athlete or prospective student athlete;
(G) an athlete agent receiving or arranging funds on behalf of an athlete; or
(H) an entity selling or licensing media, sponsorship, apparel, or commercial rights relating to college sports.
(2) Foreign adversary.--The term "foreign adversary" has the meaning given the term "covered nation" in section 4872 of title 10, United States Code.
(3) Foreign source.--The term "foreign source" has the meaning given that term in section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f).
(4) Sovereign wealth fund.--The term "sovereign wealth fund" means an investment fund, investment vehicle, or investment entity established, owned, controlled, or directed by a foreign government, including any subsidiary or affiliate controlled by such fund, vehicle, or entity.
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SA 6814. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (597 characters)
At the end of title I, add the following:
SEC. 129. PROHIBITION ON CERTAIN FOREIGN FINANCING OF
INTERCOLLEGIATE SPORTS.
(a) In General.--The President shall prohibit any government of a foreign adversary, any entity subject to sanctions imposed by the United States, any state-owned enterprise, and any person related to any such government or entity from financing intercollegiate sports in the United States.
(b) Foreign Adversary Defined.--In this section, the term "foreign adversary" has the meaning given the term "covered nation" in section 4872 of title 10, United States Code.
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SA 6815. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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On page 151, strike line 16 and all that follows through "3 years" on line 20 and insert the following:
"(i) during the 2-year period beginning on the date of enactment of the Protect College Sports Act of 2026, means an institution that has, at least once in the preceding 2 years
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SA 6816. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (479 characters)
In section 101, add at the end the following:
(f) Prohibition on Certain Name, Image, and Likeness Agreements.--No conference, institution, intercollegiate athletic association, associated entity, collective, or third party may enter into a name, image, and likeness agreement with a student athlete (or group of student athletes) that promotes gambling, tobacco or nicotine products, marijuana, alcoholic beverages, or sexually explicit commercial products or services.
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SA 6817. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (290 characters)
On page 151, strike line 16 and all that follows through "3 years" on line 20 and insert the following:
"(i) during the 3-year period beginning on the date of enactment of the Protect College Sports Act of 2026, means an institution that has, at least once in the preceding 2 years
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SA 6818. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (27 characters)
Strike section 205.
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SA 6819. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (407 characters)
At the end of title II, add the following:
SEC. 208. CONFERENCE MEMBERSHIP LIMIT AND COVERED INSTITUTION
LOOKBACK.
Section 7 of the Sports Broadcasting Act of 1961, as added by section 205, is amended--
(1) in subsection (a)(1)(B), by striking "19 institutions" and inserting "20 institutions"; and
(2) in subsection (f)(2)(A)(i), by striking "preceding 3 years" and inserting "preceding year".
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SA 6820. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (2,659 characters)
After section 114, insert the following:
SEC. 114A. KEEPING PRIVATE EQUITY OUT OF INTERCOLLEGIATE
SPORTS.
(a) Definitions.--In this section:
(1) Foreign sovereign wealth fund.--The term "foreign sovereign wealth fund" means an investment fund owned or controlled by--
(A) a foreign state or an agency or instrumentality of a foreign state, as such terms are defined in section 1603 of title 28, United States Code; or
(B) an agent of a foreign principal, as defined in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611).
(2) Private equity firm.--The term "private equity firm" means any of the following:
(A) A hedge fund or private equity fund, as such terms are defined in section 13(h) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)).
(B) A private fund, as defined in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)).
(C) An investment adviser, as defined in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)), that advises a fund described in subparagraph (A) or (B).
(b) Prohibition on Private Equity Firms and Foreign Sovereign Wealth Funds.--An institution, conference, intercollegiate athletic association, or collective shall not enter into, maintain, or permit any agreement (including through a joint venture) with a private equity firm or a foreign sovereign wealth fund that--
(1) transfers, assigns, pledges, or otherwise conveys to such firm or fund any ownership, profit, or revenue interest arising from its intercollegiate athletics program, including media, sponsorships, licensing, ticketing, premium seating, data, or other commercial rights; or
(2) with respect to intercollegiate athletics, grants such firm or fund approval
rights, voting rights, or influence over athletics decisions, branding, rulemaking or enforcement, endorsement or financial decisions, scheduling, personnel, or student athlete participation.
(c) Enforcement.--A person alleging a violation under this section may file a civil action in an appropriate district court of the United States, or in an appropriate State court, in the same manner and subject to the same conditions and requirements as a civil action filed under section 119(a).
(d) Applicability.--
(1) In general.--This section shall apply beginning on the date of enactment of this Act, except as provided in paragraph (2).
(2) Existing agreements.--With respect to any agreement described in subsection (b) that was entered into before the date of enactment of this Act, this section shall apply beginning on the date that is 1 year after the date of enactment of this Act.
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SA 6821. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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At the end, add the following:
SEC. 401. ENFORCEMENT BY STATES.
(a) In General.--If the attorney general of a State has reason to believe that a person has violated or is violating this Act, an amendment made by this Act, or a regulation promulgated thereunder that affects the residents of that State, the State, as parens patriae, may bring a civil action in any appropriate district court of the United States, to--
(1) enjoin any further violation by the person;
(2) enforce compliance with this Act or any such amendment or regulation;
(3) obtain other remedies permitted under State law; and
(4) obtain damages, restitution, or other compensation on behalf of residents of the State.
(b) Rule of Construction.--For purposes of bringing a civil action under subsection (a), nothing in this Act shall be construed to prevent the chief law enforcement officer or official or agency of a State from exercising the powers conferred on such chief law enforcement officer or official or agency of a State by the laws of the State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
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SA 6822. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (92 characters)
Beginning on page 107, strike line 12 and all that follows through page 108, line 4.
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SA 6823. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (85 characters)
On page 105, strike line 10 and insert the following: (1) treble damages; and
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SA 6824. Mrs. BLACKBURN submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (303 characters)
At the end of title I, add the following:
SEC. ___. RULE OF CONSTRUCTION ON SOVEREIGN IMMUNITY.
Nothing in this Act, or an amendment made by this Act, shall be construed to waive, abrogate, modify, or limit the rights of sovereign immunity of a public institution of higher education available at law.
Text of Senate Amendment 6796
Page S4868 · Official textSA 6796. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows: On page 70, strike line 13 and insert the following: (f) Authorization of Coaching Compensation Caps.--(1) In general.--An institution, a conference, or an intercollegiate athletic association may establish, enter into agreements regarding, and enforce a maximum aggregate cap on all-in coaching compensation for any varsity sports team. (2) Enforcement.--An intercollegiate athletic association or a conference may establish financial penalties, postseason restrictions, or loss of conference media revenue distributions for any member institution that exceeds the cap established under paragraph (1). (3) All-in coaching compensation defined.--In this subsection, the term "all-in coaching compensation" means the total financial value of all remuneration provided directly or indirectly to a head coach, assistant coach, or general manager of a varsity sports team, including base salary, performance bonuses, compensation from associated entities or collectives, apparel or media contract fees, and non-monetary benefits. (g) Institution Defined.--In this section, the term
Text of Senate Amendment 6797
Page S4868 · Official textSA 6797. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (132 characters)
On page 66, line 9, strike "$5,000,000" and insert "$10,000,000".
On page 67, line 3, strike "$5,000,000" and insert "$10,000,000".
Text of Senate Amendment 6798
Pages S4868–S4869 · Official textSA 6798. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (1,259 characters)
On page 51, strike lines 20 through 24 and insert the following:
(c) Appointment and Term.--
(1) Appointment.--The Ombudsman shall be appointed by the Secretary of Education after meaningful consultation with relevant stakeholders, which shall include college presidents, athletic directors, college coaches, and student athletes, among others, representing geographically diverse schools and schools of different size (including large schools (more than $80,000,000 in athletics revenue), medium schools (more than $50,000,000 but less than $80,000,000 in athletics revenue), and small schools (less than $50,000,000 in athletics revenue)), from a diverse variety of sports and different divisions (Division 1, Division 2, and Division 3).
(2) Term.--The Ombudsman shall be appointed for a term of 7 years and may serve not more than 2 full terms.
(d) Administration.--
(1) In general.--An intercollegiate athletic association shall hire and provide salary, benefits, and administrative expenses for an Ombudsman and support staff for the Office.
(2) Salary.--The Ombudsman shall receive an annual salary of $197,200 per year, plus benefits.
(3) Budget.--The budget of the Ombudsman shall be not less than $25,000,000 per year.
(e) Confidentiality.--
Text of Senate Amendment 6799
Pages S4869–S4871 · Official textSA 6799. Mr. WARNOCK (for himself, Mr. Booker, Mr. Scott of South Carolina, Ms. Blunt Rochester, Ms. Alsobrooks, and Mr. Coons) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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At the end, add the following:
SEC. __1. SHORT TITLE.
This title may be cited as the "Institutional Grants for New Infrastructure, Technology, and Education for HBCU Excellence Act" or the "IGNITE HBCU Excellence Act".
SEC. __2. GRANTS FOR THE LONG-TERM IMPROVEMENT OF HBCUS.
(a) In General.--
(1) Grants authorized.--The Secretary shall award grants to eligible entities, on a competitive basis, to support long-term improvements to the facilities of such entities in accordance with this title.
(2) Grant period.--With respect to each eligible entity that is awarded a grant under this section, such grant shall be for a period determined appropriate by the Secretary based on the information submitted by such entity under subsection (b).
(3) Multiple grants permitted.--An eligible entity may apply for, and be awarded, more than 1 grant under this section.
(b) Application.--To be considered for a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including--
(1) to the extent possible, the information necessary for the Secretary to make the determinations under subsection (c);
(2) a description of the projects that such eligible entity plans to carry out with the grant and how such projects will advance the long-term goals of the entity;
(3) an explanation of--
(A) how such projects will reduce risks to the health, welfare, and safety of students, staff, administrators, faculty, researchers, and guests at such eligible entity; and
(B) the anticipated number of years that any facilities constructed, improved, or replaced under such projects may be used before presenting a risk described in subparagraph (A);
(4) the median age of the facilities that such entity plans to improve or replace under such projects; and
(5) in the case of an eligible entity seeking to carry out facility repairs described in section __3(a)(3), a preventative maintenance plan for such repairs.
(c) Priority.--In awarding grants under this section, the Secretary--
(1) shall give priority to an eligible entity that--
(A) demonstrates the greatest need to improve campus facilities, as determined by a comparison of factors identified by the Secretary, which may include--
(i) consideration of threats posed by the proximity of such facilities to toxic sites;
(ii) the vulnerability of such facilities to natural disasters and environmental risks;
(iii) the median age of the facilities that such entity will use grant funds to improve;
(iv) the extent to which student enrollment exceeds physical and instructional capacity;
(v) the condition of major systems in such facilities such as heating, ventilation, air conditioning, electrical, water, and sewer systems;
(vi) the condition of roofs, windows, and doors of such facilities;
(vii) other critical health and safety conditions;
(viii) the number and condition of facilities in significant disrepair; and
(ix) the total amount of deferred maintenance of such facilities;
(B) demonstrates the most limited capacity to raise funds for the long-term improvement of campus facilities, as determined by an assessment of--
(i) the current and historic ability of the eligible entity to raise funds for construction, renovation, modernization, and major repair projects for campus;
(ii) whether the eligible entity has been able to issue bonds or receive other funds to support school construction projects;
(iii) the bond rating of the eligible entity;
(iv) the number of students enrolled as of the date on which the application is submitted;
(v) the total value of the endowment of the eligible entity as of the date on which the application is submitted;
(vi) the total amount of deferred maintenance of such facilities; and
(vii) the amount and sources of institutional revenue;
(C) enrolls the highest percentages of students who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.), and whose families qualify for other Federal need-based aid;
(D) is a public institution that--
(i) faces declining State support or investment; and
(ii) demonstrates limited ability to generate revenue, as determined by assessing--
(I) the total value of the endowment of the institution as of the date on which the application is submitted; and
(II) the costs of the deferred maintenance of the institution relative to the total revenue of the institution; and
(E) demonstrates an effort to seek support from public and private entities for projects carried out with a grant awarded under this Act; and
(2) may give priority to an eligible entity--
(A) that lacks access to high-speed broadband and will use the grant funds to improve access to high-speed broadband sufficient to support digital and technology-based learning in accordance with section __3(a)(6);
(B) at which the highest degree that is predominantly awarded to students is an associate's degree;
(C) that did not receive a grant under this title in the preceding fiscal year; or
(D) that proposes projects aligned with long-term infrastructure priorities that--
(i) serve as regional models, as determined by the Secretary;
(ii) address multiple needs on the campus of the entity;
(iii) address the needs of at least 1 eligible entity in addition to the entity receiving the grant; or
(iv) encourage efforts described in section __3(d).
(d) Geographic Distribution.--The Secretary shall ensure that grants under this section are awarded to eligible entities in a manner that reflects the geographic distribution of such entities in the United States.
(e) Technical Assistance.--The Secretary, directly or by grant or contract, may provide technical assistance to eligible entities to prepare the entities to qualify, apply for, and maintain a grant, under this Act.
(f) Relationship to HBCU Capital Financing Program.--
(1) In general.--The Secretary may take into consideration whether an eligible entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.) when--
(A) reviewing grant applications under this section;
(B) determining priority under subsection (c); and
(C) determining the amount awarded for a grant under this Act.
(2) Priority.--With respect to paragraph (1)(B), the Secretary may--
(A) determine that an eligible entity should not receive priority under subsection (c) if such entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.); and
(B) determine that an eligible entity should receive higher priority under subsection (c) if such entity has not received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).
SEC. __3.
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GRANT USES.
(a) Permitted Uses.--Except as provided in subsection (b), an eligible entity that receives a grant under this title shall use such grant funds to carry out at least one of the following activities:
(1) Construct, modernize, renovate, or retrofit the campus facilities of such entity, which may include--
(A) improving existing, or establishing new, instructional laboratories or workforce-aligned (as determined by the Secretary) research facilities relating to fields of health, science, technology, engineering, the arts, agriculture, education, and other disciplines as determined by the Secretary;
(B) constructing or improving roads or other transportation infrastructure on campus, for which the eligible entity is responsible;
(C) preserving facilities with historic significance and facilities that house historic or cultural artifacts;
(D) constructing, modernizing, renovating, and retrofitting any campus facility or dormitory (including dining facilities) or other facility customarily used for housing students;
(E) improving security and safety for students, faculty, and staff;
(F) installing or upgrading water, wastewater, power, and underground infrastructure; and
(G) developing facilities or infrastructure that support job creation, entrepreneurship, and community-based opportunities, including establishing workforce development hubs that--
(i) are aligned with regional labor market needs;
(ii) focus on fields such as artificial intelligence; and
(iii) support education, training, and career placement for students.
(2) Purchase, manufacture, or modernize vehicle fleets owned and operated by such entity that are used primarily for the purpose of facilitating campus accessibility and student academic activities.
(3) Carry out repairs, including with respect to deferred maintenance, to the facilities of such eligible entity in accordance with the preventative maintenance plan submitted under section __2(b)(5).
(4) Acquire and install research-related equipment and technology in the campus facilities of such entity, including specialty equipment with respect to emerging fields (as determined by the Secretary, in consultation with the head of the eligible entity), such as artificial intelligence, data science, machine learning, cybersecurity, biotechnology, chemistry, pharmaceutical sciences, robotics, and advanced manufacturing.
(5) For the purpose of facilitating the construction of new campus facilities that are not primarily used for classroom instruction or academic activities--
(A) purchase or otherwise acquire title to land to serve as a permanent site for such facilities; and
(B) to the extent that other public or private funds are insufficient--
(i) prepare land for the construction of such facilities; and
(ii) pay other preconstruction costs relating to the development of such facilities.
(6) Install or extend the life of basic systems and components of campus facilities, which may include--
(A) high-speed broadband internet infrastructure sufficient to support digital and technology-based learning;
(B) high-capacity, middle-mile broadband networks, and campus-wide broadband networks, including 5G and future network generations;
(C) fiber, cyber, and telecommunications infrastructure, including small cells;
(D) heating, ventilation, and air conditioning (HVAC) or other indoor air quality systems;
(E) support for last-mile service for rural campuses when other means of providing this support is unavailable; and
(F) other infrastructure to support the success of operations and other digital and technology needs.
(7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that--
(A) guarantee layers of security throughout such campus; and
(B) uphold the function of such campus as a learning and teaching environment.
(8) Strengthen institutional planning and governance to support long-term infrastructure goals by--
(A) developing or updating campus infrastructure master plans, facility condition assessments, deferred maintenance strategies, or long-term capital project timeliness;
(B) aligning campus infrastructure master plans with academic and workforce priorities, including with respect to the facilities used by programs in high-demand fields (as determined by the Secretary) in order to address the needs of such facilities and support the growth of such programs;
(C) modernizing auxiliary services to improve financial sustainability, service quality, or institutional competitiveness;
(D) supporting high-quality research and development efforts, including planning and expanding partnerships with manufacturers, employers, or innovation stakeholders that strengthen infrastructure and innovation; and
(E) establishing or expanding offices or initiatives for the recruitment and retention of faculty in fields of research.
(b) Prohibited Uses.--An eligible entity that receives a grant under this title may not use such grant funds for--
(1) payment of routine and predictable maintenance costs, minor repairs, or utility bills;
(2) any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public;
(3) the purchase or support of any communications equipment or service (as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608)) that poses a risk to national security; or
(4) activities that are funded, in whole or in part, under part B of title III of the Higher Education Act of 1965 (20 U.S.C. 1060 et seq.), unless the Secretary approves such use.
(c) Supplement Not Supplant.--An eligible entity shall use a grant received under this title only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds.
(d) Encouraging Partnerships.--The Secretary shall encourage partnerships between eligible entities and public and private entities to--
(1) provide additional funding; and
(2) assist in carrying out the activities under this Act.
SEC. __4. USE OF SMALL BUSINESS CONCERNS.
In carrying out projects funded with a grant under this Act, an eligible entity shall seek to procure contracts from--
(1) small business concerns owned and controlled by veterans (including service-disabled veterans); and
(2) qualified HUBZone small business concerns.
SEC. __5. RESERVATION FOR ADMINISTRATIVE AND OTHER
ACTIVITIES.
(a) Reservation.--An eligible entity that receives a grant under this title may reserve a total of not more than 5 percent of the amount of such grant to--
(1) develop the facilities master plan required under subsection (b);
(2) carry out activities to--
(A) protect the health of students, staff, administrators, faculty, researchers, and guests during the construction or modernization of the campus facilities of such entity; and
(B) mitigate excessive noise caused by activities carried out under this Act;
(3) pay personnel to carry out administrative work relating to the grant program; and
(4) pay other reasonable administrative costs associated with the grant program.
(b) Facilities Master Plan.--
(1) In general.--Not later than 180 days after receiving a grant under this Act, an eligible entity shall submit to the Secretary a comprehensive facilities master plan that--
(A) describes how the entity will carry out the activities identified in the application submitted under section __2(b) with the grant funds received under this Act; and
(B) identifies the anticipated benefits and outcomes of such activities.
(2) Elements.--The facilities master plan required under paragraph (1) shall include, with respect to the eligible entity submitting such plan, a description of, as of the date on which such plan is submitted--
(A) the extent to which the campus facilities--
(i) meet the educational needs of students; and
(ii) support the educational mission and vision of such entity;
(B) the physical condition of the campus facilities;
(C) the current health, safety, and environmental conditions of the campus facilities, including--
(i) indoor air quality;
(ii) the presence of hazardous and toxic substances and chemicals on or near such facilities;
(iii) the safety of drinking water at the tap and water used for meal preparation, including the level of lead and other contaminants in such water;
(iv) energy and water efficiency;
(v) excessive noise in academic spaces; and
(vi) other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students;
(D) the actual and anticipated impact of current and future student enrollment levels (as of the date of application) on the design of current and future campus facilities, as well as the financial implications of such enrollment levels;
(E) the dollar amount and percentage of funds such entity will dedicate to capital construction projects, including--
(i) any funds in the budget of such entity that will be dedicated to such projects; and
(ii) any funds not in such budget that will be dedicated to such projects, including any funds available to the eligible entity as the result of a bond issue or the Historically Black College and University Capital Financing Program under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.); and
(F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including--
(i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and
(ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities.
(3) Consultation.--In developing the facilities master plan, the eligible entity shall demonstrate that it conducted meaningful consultation with diverse stakeholders, which may include--
(A) staff and other institutional leaders;
(B) custodial and maintenance staff;
(C) emergency first responders;
(D) campus facilities directors;
(E) students and families;
(F) community residents, including those directly affected by actions undertaken as a result of utilizing grant funds;
(G) government entities;
(H) local charitable foundations;
(I) local employers;
(J) Indian Tribes, as applicable; and (K) other such individuals and entities.
SEC. __6. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND
FORGIVENESS.
(a) In General.--Each time an institution of higher education receives a disbursement of a loan amount under a covered closed loan agreement, the Secretary shall repay--
(1) the outstanding balance of principal, interest, fees, and costs on such loan amount (as of the date of such disbursement) under the covered closed loan agreement; and
(2) any reimbursement (including reimbursements of escrow and return of fees and deposits) relating to the covered closed loan agreement that are usual and customary when the loan is paid off by the institution.
(b) Covered Closed Loan Agreement.--In this section, the term "covered closed loan agreement" means a closed loan agreement--
(1) executed before the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116-260);
(2) made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.); and
(3) that provides for loan amounts that have not been disbursed as of the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116-260).
SEC. __7.
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REPORTS.
(a) Department of Education Report.--
(1) In general.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with grant funds awarded under this Act.
(2) Elements.--The report required under paragraph (1) shall include--
(A) with respect to projects carried out by eligible entities with grant funds awarded under this Act, an assessment of--
(i) the types of such projects;
(ii) the square footage of the improvements made by such projects, disaggregated by--
(I) total square footage; and (II) square footage per each eligible entity;
(iii) the total cost of each such project;
(iv) the cost described in clause (iii), disaggregated by the cost of--
(I) planning; (II) design; (III) construction; (IV) site purchase; and (V) improvements;
(v) the geographic distribution of such projects; and
(vi) the demographic composition of the student population served by such projects, disaggregated by--
(I) race and ethnicity; and
(II) the number and percentage of students enrolled at such entities who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.);
(B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and
(C) an analysis of compliance with the requirement in section __3(c).
(b) Comptroller General Appropriations Report.--
(1) In general.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the amount of appropriations necessary to continue implementing the grant program under this Act.
(2) Elements.--The study conducted under paragraph (1) shall include--
(A) an evaluation of the approximate total cost of deferred maintenance across eligible entities; and
(B) an overview of sources of funding for addressing such needs other than the grant program under this Act.
(3) Report.--After the completion of the study under paragraph (1), the Comptroller General shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report on the results of the study.
(4) Results.--The results of the study shall be used to inform the appropriation of funds to carry out this title for the fiscal years following the submission of the report under paragraph (3).
(c) Comptroller General Implementation Report.--
(1) Study required.--Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of the grant program under this Act.
(2) Elements.--The study conducted under paragraph (1) shall include--
(A) an examination of program implementation challenges; and
(B) an assessment of whether any changes are needed to make grants under this title more accessible to eligible entities with fiscal challenges to help them raise capital for infrastructure projects.
(3) Report.--After the completion of the study under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study, including any recommendations to the Secretary for improvements to the implementation of the grant program under this Act.
SEC. __8. DEFINITIONS.
In this title:
(1) Eligible entity.--The term "eligible entity" means--
(A) a part B institution, as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); or
(B) an institution or program listed under section 326(e)(1) of such Act (20 U.S.C. 1063b(e)(1)).
(2) Secretary.--The term "Secretary" means the Secretary of Education.
(3) State.--The term "State" has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
SEC. __9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this title for each of fiscal years 2027 through 2032.
Text of Senate Amendment 6800
Page S4871 · Official textSA 6800. Mr. BOOKER (for himself and Mr. Murphy) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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Insert after section 114 the following:
SEC. 114A. TREATMENT OF ENDORSEMENT CONTRACTS FOR COACHES.
(a) Compensation Requirement.--Any endorsement contract for a coach of a varsity sports team shall be invalid unless the contract is commensurate with compensation paid to individuals with a similar profile, reputation, or notability who are not coaches or prospective coaches.
(b) Disclosure.--Each institution shall include in the disclosures required under section 104(a)(1) information on any endorsement contracts in force with respect to any coach of a varsity sports team at that institution.
Text of Senate Amendment 6801
Page S4871 · Official textSA 6801. Mr. BOOKER (for himself and Mr. Murphy) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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Insert after section 114 the following:
SEC. 114A. CAP FOR CONTRACT BUYOUTS FOR COACHES.
(a) In General.--Any contract buyout for a coach of a varsity sports team may not exceed an amount equal to the greatest annual amount paid to the coach under that contract.
(b) Application.--Subsection (a) shall apply to any contract for a coach of a varsity sports team entered into on or after the date of the enactment of this Act.
Text of Senate Amendment 6802
Page S4871 · Official textSA 6802. Mr. BOOKER (for himself and Mr. Blumenthal) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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In section 125(b), strike paragraph (4).
In section 125(c), strike paragraph (4).
Text of Senate Amendment 6803
Page S4871 · Official textSA 6803. Mr. BOOKER (for himself, Mr. Murphy, Ms. Blunt Rochester, Ms. Alsobrooks, and Mr. Warnock) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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Strike section 307 and insert the following:
SEC. 307. APPROPRIATION.
There is appropriated to the Assistant Secretary to carry out this title for each of fiscal years 2027 through 2032, out of any money in the Treasury not otherwise appropriated, $180,000,000, to remain available until expended.
Text of Senate Amendment 6804
Pages S4871–S4872 · Official textSA 6804. Mr. BOOKER (for himself and Mr. Murphy) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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Insert after section 114 the following:
SEC. 114A. SALARY CAP FOR COACHES.
(a) In General.--An institution may not provide compensation to a coach of a varsity sports team that exceeds $5,000,000 per year.
(b) Application.--Subsection (a) shall apply to any agreement related to compensation for a coach of a varsity sports team entered into on or after the date of the enactment of this Act.
Text of Senate Amendment 6805
Page S4872 · Official textSA 6805. Mr. BOOKER (for himself and Mr. Blumenthal) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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Strike section 106(b)(2)(C) and insert the following:
(C) Limitation.--
(i) In general.--The amount funded for the fund or program established under this subsection shall not exceed $200,000,000.
(ii) Funding by intercollegiate athletic association and conference.--Any amount funded for the fund or program established under this subsection that exceeds $100,000,000 shall be provided by an intercollegiate athletic association, the Big 10 Conference, the Big 12 Conference, the Southeastern Conference, and the Atlantic Coast Conference.
Text of Senate Amendment 6806
Page S4872 · Official textSA 6806. Mrs. BRITT (for herself and Mr. Tuberville) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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In section 114, add at the end the following:
(g) Revenue Share Cap Accounting.--All name, image, and likeness agreements between a student athlete and an institution, an employee of an institution, a volunteer of an institution, a conference, an employee of a conference, or an associated entity shall count against the revenue share cap of the institution.
Text of Senate Amendment 6807
Page S4872 · Official textSA 6807. Mrs. MOODY submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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In section 7(a)(1) of the Act of September 30, 1961 (commonly known as the "Sports Broadcasting Act of 1961"), as added by section 205, strike subparagraphs (A) and (B) and insert the following:
"(A) during the 5-year period beginning on the date of enactment of the Protect College Sports Act of 2026, merge or consolidate with, or acquire the assets or media rights of, another covered conference or a covered institution, if as a result of the transaction, the number of institutions that are members of the covered conference would be less than 75 percent of the institutions participating in the Football Bowl Subdivision, as defined by Bylaw 20.9.9 of the National Collegiate Athletic Association; or
"(B) acquire the assets or media rights of an institution that is not a covered institution, unless, as a result of the transaction, the number of institutions that are members of the covered conference does not exceed 20 institutions; or
Text of Senate Amendment 6808
Page S4872 · Official textSA 6808. Mrs. MOODY submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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At the end of title II, add the following:
SEC. 208. NO PRIVATE EQUITY IN COLLEGE ATHLETICS.
The Sports Broadcasting Act of 1961, as amended by this title, is amended by adding at the end the following:
"SEC. 10. PROHIBITION ON PARTICIPATION BY PRIVATE EQUITY
FUNDS.
"(a) Private Equity Fund Defined.--In this section, the term `private equity fund' has the meaning given the term in section 13(h)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)(2)).
"(b) Media Rights.--A private equity fund may not provide any funding, resources, or financial incentives to any conference or institution for the purpose of enticing any conference or institution to participate in the voluntary pooling of media rights under section 5.
"(c) Conference Mergers and Acquisitions.--A private equity fund may not provide any funding, resources, or financial incentives to any entity for the purpose of merging or acquiring a conference or institution or creating a new conference or intercollegiate athletic association in violation of the prohibition under section 7.
"(d) Return on Investment or Revenue Sharing.--A private equity fund may not provide any funding, resources, or financial incentives to any athletic department of an institution for the purposes of a financial agreement whereby the providing private equity fund stands to earn a return on investment or share of revenue from the receiving institution.
"(e) Penalties.--A private equity fund that violates a prohibition described in this section shall be subject to the penalties described in section 217 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-17).".
Text of Senate Amendment 6809
Page S4872 · Official textSA 6809. Mr. TUBERVILLE (for himself and Mr. Scott of South Carolina) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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On page 63, insert between lines 13 and 14 the following:
(f) Ineligibility Due to Certain Participation in Professional Sports.--A student athlete shall be deemed a professional athlete and ineligible for intercollegiate sports if the student athlete receives compensation, direct or indirect financial consideration, per diem, stipends, or reimbursement in excess of reasonable, actual, and documented travel expenses, from a professional sports team, league, or franchise in connection with participation in any evaluation, workout, draft combine, or training camp.
Text of Senate Amendment 6810
Page S4872 · Official textSA 6810. Mr. TUBERVILLE (for himself and Mrs. Britt) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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On page 130, line 11, insert after "conferences." the following: "Nothing in the preceding sentence shall be construed to create any inference that a media rights arrangement outside the covered entity that is entered into by an institution or conference before, on, or after the date of enactment of this subsection violates the antitrust laws.".
Text of Senate Amendment 6811
Page S4872 · Official textSA 6811. Mr. KENNEDY submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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At the end of section 118, add the following:
(e) Rule of Construction.--
(1) In general.--Nothing in this Act may be construed to absolve an intercollegiate athletic association, a conference, or an institution of any liability incurred before, on, or after the date of the enactment of this Act.
(2) Exception.--Paragraph (1) does not apply to the antitrust exemptions under subsections (a) and (b).
Text of Senate Amendment 6812
Pages S4872–S4880 · Official textSA 6812. Mr. ARMSTRONG submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
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At the end, add the following:
SEC. _01. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF
NATURAL GAS PIPELINES.
(a) Definitions.--In this section:
(1) Commission.--The term "Commission" means the Federal Energy Regulatory Commission.
(2) Environmental review.--The term "environmental review" means the process of preparing, for a proposed agency action in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)--
(A) an environmental impact statement;
(B) an environmental assessment;
(C) a categorical exclusion; and
(D) a finding of no significant impact.
(3) Federal authorization.--The term "Federal authorization" has the meaning given that term in section 15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(4) Project-related environmental review.--The term "project-related environmental review" means any environmental review required to be conducted with respect to the issuance of an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f).
(b) Commission Responsibilities.--In acting as the lead agency under section 15(b)(1) of the Natural Gas Act (15 U.S.C. 717n(b)(1)) for the purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall, in accordance with this section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency designated as a participating agency under subsection (d)(3) to ensure that the Commission develops information in conducting its project-related environmental review that is usable by the participating agency in considering an aspect of an application for a Federal authorization for which the agency is responsible; and
(3) take such actions as are necessary and proper to facilitate the expeditious resolution of its project-related environmental review.
(c) Deference to Commission.--In making a decision with respect to a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), each agency shall give deference, to the maximum extent authorized by law, to the scope of the project-related environmental review that the Commission determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, not later than 30 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), any Federal or State agency, local government, or Indian Tribe that may issue a Federal authorization or is required by Federal law to consult with the Commission in conjunction with the issuance of a Federal authorization required for such authorization or certificate.
(2) Invitation.--
(A) In general.--Not later than 45 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall invite any agency identified under paragraph (1) to participate in the review process for the applicable Federal authorization.
(B) Deadline.--An agency invited under subparagraph (A) shall submit a response to the Commission by not later than 30 days after the date the invitation is received, which may be extended by the Commission for good cause for a period of not more than 15 days.
(C) Failure to meet deadline.--If an agency invited under subparagraph (A) fails to meet the deadline described in subparagraph (B), the agency shall not be considered a participating or cooperating agency.
(3) Designation as participating agencies.--Not later than 60 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall designate an agency identified under paragraph (1) as a participating agency with respect to that application unless the agency informs the Commission, in writing, by the deadline established pursuant to paragraph (2)(B), that the agency--
(A) has no jurisdiction or authority with respect to the applicable Federal authorization;
(B) has no special expertise or information relevant to any project-related environmental review; or
(C) does not intend to submit comments for the record for the project-related environmental review conducted by the Commission.
(e) Comment Deadline.--The Commission is not required to respond to comments regarding a Federal authorization submitted after the applicable comment period is over.
(f) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341), a certification under such section shall not be required with respect to a Federal authorization.
(2) Coordination.--With respect to any environmental review for a Federal authorization to conduct an activity that will directly result in a discharge into the navigable waters (within the meaning of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)), the Commission shall identify as an agency under subsection (d)(1) the State in which the discharge originates or will originate, or, if appropriate, the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate.
(3) Proposed conditions.--A State or interstate agency designated as a participating agency pursuant to paragraph (2) may propose to the Commission terms or conditions for inclusion in an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) that the State or interstate agency determines are necessary to ensure that any discharge described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317).
(4) Commission consideration of conditions.--The Commission may include a term or condition in an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) proposed by a State or interstate agency under paragraph (3) only if the Commission finds with clear and convincing evidence that the term or condition is necessary to ensure that any discharge described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317).
(5) Commission denial of certificate.--The Commission may deny an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) based on water quality concerns only if the Commission finds with clear and convincing evidence that the proposed project cannot comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317).
(g) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) set by the Commission under section 15(c)(1) of that Act (15 U.S.C. 717n(c)(1)) shall be not later than 90 days after the Commission completes its project-related environmental review, unless an applicable schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency that may consider an aspect of an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) shall--
(A) carry out the obligations of that agency under applicable law; and
(B) in considering an aspect of an application for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), shall--
(i) carry out the obligations of that agency under applicable law concurrently, and in conjunction with, the project-related environmental review conducted by the Commission, pursuant to a schedule established by the Commission not to exceed 270 days, but subject to the condition that the Commission may, at the request of the agency and for good cause, grant a single 60-day extension; and
(ii) not less often than once every 90 days, transmit to the Commission a report describing the progress made in considering such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State agency, including the Commission, fails to meet a deadline for a Federal authorization set forth in the schedule established by the Commission under section 15(c)(1) of the Natural Gas Act (15 U.S.C.
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717n(c)(1)), not later than 5 days after such deadline, the head of the relevant Federal agency (including, in the case of a failure by a State agency, the Federal agency overseeing the delegated authority) shall notify Congress and the Commission of such failure and set forth a recommended implementation plan to ensure completion of the action to which such deadline applied.
(h) Consideration of Applications for Federal Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies that may consider an aspect of an application for a Federal authorization shall identify, as early as possible and not later than 90 days after receipt of a request for the Federal authorization, any issues of concern that may delay or prevent an agency from working with the Commission to resolve such issues and granting the Federal authorization.
(B) Issue resolution.--The Commission may forward any issue of concern identified under subparagraph (A) to the heads of the relevant agencies (including, in the case of an issue of concern that is a failure by a State agency, the Federal agency overseeing the delegated authority, if applicable) for resolution.
(2) Remote surveys.--
(A) In general.--If a Federal or State agency considering an aspect of an application for a Federal authorization requires the person applying for the Federal authorization to submit data, the agency shall--
(i) consider any such data gathered by aerial or other remote means that the person submits; and
(ii) accept aerial surveys in absence of clear and convincing evidence.
(B) Conditional approval.--The agency may grant a conditional approval for a Federal authorization based on data gathered by aerial or remote means, conditioned on the verification of such data by subsequent onsite inspection if the Commission determines that an onsite inspection is likely to materially alter the final determination of the Commission or the grant of the certificate.
(3) Application processing.--The Commission, and Federal and State agencies, may allow a person applying for a Federal authorization to fund a third-party contractor to assist in reviewing the application for the Federal authorization.
(i) Accountability, Transparency, Efficiency.--
(1) In general.--For an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) that requires multiple Federal authorizations, the Commission, with input from any Federal or State agency considering an aspect of the application, shall track and make available to the public on the website of the Commission information related to the actions required to complete the Federal authorizations.
(2) Inclusions.--The information described in paragraph (1) shall include the following:
(A) The schedule established by the Commission under section 15(c)(1) of the Natural Gas Act (15 U.S.C. 717n(c)(1)).
(B) A list of all the actions required by each applicable agency to complete permitting, reviews, and other actions necessary to obtain a final decision on the application.
(C) The expected completion date for each action described in subparagraph (B).
(D) A point of contact at the agency responsible for each such action.
(E) In the event that an action is still pending as of the expected date of completion, a brief explanation of the reasons for the delay.
(j) Strengthening Judicial Review of Natural Gas Act Projects.--Section 19 of the Natural Gas Act (15 U.S.C. 717r) is amended--
(1) in subsection (b), in the eighth sentence, by striking "certification" and all that follows through the period at the end and inserting "certification as provided in section 1254 of title 28, United States Code."; and
(2) in subsection (d)--
(A) in paragraph (3), in the first sentence, by striking "If the Court finds" and inserting the following: "Except as provided in paragraph (6), if the Court finds"; and
(B) by adding at the end the following:
"(6) Exception for certain orders or actions.--
"(A) In general.--Notwithstanding any other provision of this section, for petitions challenging an order or action taken by the Commission under section 3 or section 7, the court may not set aside, vacate, or otherwise void that order or action.
"(B) Court action.--Notwithstanding chapter 7 of title 5, United States Code, the Court shall remand the proceeding, without vacatur or injunction, to the applicable Federal or State agency to take appropriate action if the Court finds that an order or action described in paragraph (1)--
"(i) would prevent the construction, expansion, or operation of the facility subject to section 3 or 7; and
"(ii)(I) is inconsistent with applicable Federal law; or
"(II) is not supported by clear and convincing evidence.".
SEC. _02. IMPROVING WATER QUALITY CERTIFICATIONS.
Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341) is amended--
(1) in subsection (a)--
(A) by striking "(a)(1) Any applicant" and all that follows through "No license" in the sixth sentence of paragraph (1) and inserting the following:
"(a) Compliance With Applicable Requirements.--
"(1) Certification required.--
"(A) In general.--Any applicant for a Federal license or permit to conduct any activity, including the construction or operation of facilities, which may result in a discharge directly into the navigable waters shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307.
"(B) Certification of no applicable limitation.--In the case of any discharge described in subparagraph (A) for which there is not an applicable effluent limitation or other limitation under sections 301(b) and 302, and there is not an applicable standard under sections 306 and 307, the State, interstate water pollution control agency, or Administrator, as applicable, shall so certify, except that any such certification shall not be deemed to satisfy section 511(c).
"(C) Certification by the administrator.--In any case in which a State or interstate water pollution control agency has no authority to give a certification under subparagraph (A)--
"(i) the certification shall be from the Administrator; and
"(ii) subsection (d) shall apply to the request for certification.
"(D) Procedures required.--
"(i) In general.--The Administrator and each State and interstate water pollution control agency that has authority to give a certification under this subsection shall establish procedures for public notice in the case of all requests for certification under this subsection by the State, interstate water pollution control agency, or Administrator, as applicable, and, to the extent that the State, interstate water pollution control agency, or Administrator determines it appropriate, procedures for public hearings in connection with specific requests.
"(ii) Decision criteria.--A decision to grant or deny a request for certification under this subsection shall be based solely on whether the discharge complies with the applicable provisions of sections 301, 302, 303, 306, and 307, and the grounds for that decision shall be set forth in writing and provided to the applicant.
"(iii) Deadline for requesting additional information.--Not later than 90 days after the date on which a State, an interstate water pollution control agency, or the Administrator, as applicable, receives a request for certification under this subsection, the State, interstate water pollution control agency, or Administrator shall identify in writing any specific additional materials or information necessary for the request for certification to be considered complete pursuant to subsection (d).
"(iv) Publication requirement.--Not later than 30 days after the date of enactment of this clause, the Administrator and each State and interstate water pollution control agency that has authority to give a certification under this subsection shall publish the requirements for a certification under this subsection for an applicant to use to demonstrate to the Administrator, State, or interstate water pollution control agency, as applicable, compliance with the applicable provisions of sections 301, 302, 303, 306, and 307.
"(E) Decisionmaking.--
"(i) Definition of receipt.--In this subparagraph, the term `receipt', with respect to a request for certification under this subsection, means the date on which the State, interstate water pollution control agency, or Administrator, as applicable, initially receives the request for certification, regardless of whether the request for certification is determined to be complete or additional information is requested pursuant to subparagraph (D)(iii).
"(ii) Actions on a request.--The State, interstate water pollution control agency, or Administrator, as applicable, may--
"(I) grant a request for certification under this subsection with or without conditions;
"(II) deny the request; or
"(III) waive the requirement for certification under this subsection with respect to the application for the Federal license or permit.
"(iii) Failure to act.--
"(I) In general.--If a State, an interstate water pollution control agency, or the Administrator, as applicable, fails to act on a request for certification in accordance with clause (ii) within a reasonable period of time to be determined by the Federal licensing or permitting agency (which shall not exceed 1 year after receipt of the request), the requirement for certification under this subsection shall be deemed to be waived with respect to the application for the Federal license or permit.
"(II) No judicial review.--Notwithstanding any other provision of law, a finding of a waiver by the Federal licensing or permitting agency under subclause (I) shall not be subject to judicial review.
"(iv) No tolling.--The 1-year period described in clause (iii) may not be tolled, paused, or extended for any reason, including through requests for additional information, solicitation of public comment, or environmental reviews.
"(F) No action.--No license"; and
(B) in paragraph (4), in the first sentence, by striking "any discharge into the navigable waters" and inserting "a discharge directly into the navigable waters";
(2) in subsection (b), by striking "(b) Nothing" and inserting the following:
"(b) Compliance With Other Provisions of Law Setting Applicable Water Quality Requirements.--Except as provided in subsection (e), nothing";
(3) in subsection (c), by striking "(c) In order" and inserting the following:
"(c) Authority of Secretary of the Army To Permit Spoil Disposal Areas by Federal Licensees or Permittees.--In order"; and
(4) by striking subsection (d) and inserting the following:
"(d) Certification Request Requirements.--
"(1) Written request required.--A request for certification under subsection (a) shall be made in writing to the State, interstate water pollution control agency, or Administrator, as applicable.
"(2) Requirements for complete request.--A completed request for certification under subsection (a) shall consist of--
"(A) an identification of each applicant for the Federal license or permit with respect to which certification is requested;
"(B) a statement that information included in the request for certification is truthful, accurate, and complete, to the best knowledge of each applicant;
"(C) in the case of a request for certification with respect to an individual permit or license--
"(i) an identification of the Federal license or permit that is the subject of the application with respect to which the
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certification is requested;
"(ii) an identification, based on the reasonable belief of the applicant at the time the application is submitted, of any activity the conduct of which is subject to the Federal license or permit identified under clause (i);
"(iii) an identification of--
"(I) the location, point of origin, and characteristics of any discharge that may directly enter the navigable waters; and
"(II) the location of the specific navigable waters that would receive such a discharge;
"(iv) a description of the means that may be used to monitor, control, or manage a discharge identified under clause (iii); and
"(v) a list of all other Federal, interstate, Tribal, State, or local agency authorizations required for the conduct of an activity identified under clause (ii), including a description of any authorizations described in that list that are already received; and
"(D) in the case of a request for certification with respect to the issuance of a general license or a general permit--
"(i) an identification of the proposed categories of activities to be covered by the general license or general permit;
"(ii) a description of the proposed general license or general permit, which may include a draft of the proposed general license or general permit; and
"(iii) an estimate of the number of discharges expected to result from the proposed general license or general permit annually.
"(3) Prohibition.--No State or interstate water pollution control agency, nor the Administrator, may, for purposes of a request for certification under subsection (a), require the inclusion of information beyond the information described in paragraph (2).
"(e) Certification Conditions.--
"(1) In general.--A certification obtained under subsection (a) shall set forth any effluent limitations and other limitations and monitoring requirements necessary to ensure that any discharge subject to a certification under that subsection will comply with the applicable provisions of sections 301, 302, 303, 306, and 307, and any such limitation or requirement shall be imposed by the Federal licensing or permitting agency as a condition on the applicable Federal license or permit subject to the provisions of this section.
"(2) Requirements for conditions.--A certifying State or interstate water pollution control agency, or the Administrator, as applicable, may only include a condition on a certification under subsection (a) that requires the applicant to modify an activity of the applicant which may result in a discharge directly into the navigable waters if the State, interstate water pollution control agency, or Administrator determines, based on clear and convincing evidence, that the modification is--
"(A) necessary for the activity to avoid violating an applicable provision of section 301, 302, 303, 306, or 307;
"(B) least burdensome for the applicant, as compared to other possible modifications, taking into account--
"(i) technical feasibility;
"(ii) cost;
"(iii) the purpose of the applicant in proposing the activity;
"(iv) impacts on the schedule for the activity; and
"(v) the commercial viability of the proposed condition; and
"(C) consistent with the requirements for the Federal license or permit for which the certification is sought.
"(3) Limitations on conditions for hydroelectric projects.--A certification obtained under subsection (a) for a hydroelectric project may not include conditions relating to the quantity, timing, or rate of water flow over, through, or around that project.
"(f) Requirements for Denial.--A certifying State or interstate water pollution control agency, or the Administrator, as applicable, may only deny a request for certification under subsection (a) if the State, interstate water pollution control agency, or Administrator determines, based on clear and convincing evidence, that there is no modification to or reasonable condition on the activities of the applicant that could make it possible for the activity to avoid violating an applicable provision of section 301, 302, 303, 306, or 307.
"(g) Enforcement.--Notwithstanding section 505, any condition imposed on a Federal license or permit by a Federal licensing or permitting agency under this section may only be enforced by that Federal licensing or permitting agency.
"(h) Judicial Review.--
"(1) Scope.--This subsection applies to any civil action for the review of a certification under subsection (a).
"(2) Jurisdiction.--
"(A) In general.--Notwithstanding section 19(d)(1) of the Natural Gas Act (15 U.S.C. 717r(d)(1)) or any other provision of law, a civil action subject to this subsection shall be filed in a court of appeals of the United States for--
"(i) the judicial circuit in which the applicant is located or has its principal place of business;
"(ii) the judicial circuit for the State in which the project for which the certification under subsection (a) would be issued is or will be located; or
"(iii) the District of Columbia Circuit.
"(B) Original and exclusive jurisdiction.--A court of appeals described in subparagraph (A) shall have original and exclusive jurisdiction over the applicable civil action.
"(C) Standing.--Notwithstanding any other provision of law, no court shall have jurisdiction to review a civil action subject to this subsection unless the civil action is filed--
"(i) not later than 60 days after the date on which final action on the certification under subsection (a) is taken; and
"(ii) by--
"(I) the applicant; or
"(II) a person who has suffered, or likely and imminently will suffer, direct and irreparable economic harm from the certification, subject to the condition that an organization or association shall satisfy the requirement of this clause only if each member of the organization or association satisfies the requirement.
"(3) Expedited consideration.--
"(A) In general.--In reviewing a civil action subject to this subsection, a court shall--
"(i) set any petition for review under that civil action for expedited consideration; and
"(ii) subject to subparagraph (B), issue a final decision not later than 120 days after the date on which the civil action is filed.
"(B) Extraordinary circumstances.--If a court finds that there are extraordinary circumstances that apply to a civil action subject to this subsection, the court may extend the 120-day period described in subparagraph (A)(ii) by an additional 60 days.
"(4) Standard of review.--In reviewing the denial of a certification under subsection (a), a court shall find the denial unlawful unless the court finds, based on clear and convincing evidence, that--
"(A) the certifying State or interstate water pollution control agency or the Administrator, as applicable, has demonstrated that no condition would achieve compliance with the applicable provisions of section 301, 302, 303, 306, or 307; and
"(B) the certifying State or interstate water pollution control agency or the Administrator, as applicable, considered specific alternative conditions, including alternatives offered by the applicant, and determined that those alternative conditions would not achieve compliance with applicable provisions of section 301, 302, 303, 306, or 307.
"(5) Nonapplicant challenges.--If a party other than the applicant brings a civil action subject to this subsection against a certification obtained under subsection (a), the nonapplicant party shall demonstrate, with clear and convincing evidence, that the project or activity for which the certification was granted fails to achieve compliance with applicable provisions of section 301, 302, 303, 306, or 307.
"(6) Remedy.--
"(A) No vacatur.--Notwithstanding any other provision of law, no court shall have the authority to set aside, vacate, nullify, or otherwise render unenforceable any certification under subsection (a).
"(B) Limited remedies.--In a review of a certification under subsection (a), a court may only affirm or modify the certification, and may remand the certification to the State, interstate water pollution control agency, or the Administrator, as applicable, for corrective action.
"(i) Description of Applicable Provisions.--For purposes of this section, the applicable provisions of sections 301, 302, 303, 306, and 307 are any applicable effluent limitations and other limitations under section 301 or 302, any water quality standard in effect for a State under section 303, any standard of performance under section 306, and any prohibition, effluent standard, or pretreatment standard under section 307.".
SEC. _03. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
(a) Improving Water Quality General Permits.--Section 402(a) of the Federal Water Pollution Control Act (33 U.S.C. 1342(a)) is amended by adding at the end the following:
"(6) General permits.--
"(A) Permits authorized.--The Administrator may issue general permits under this section on a State, regional, or nationwide basis, or for a delineated area, for discharges associated with any category of activities the discharges of which are of similar types and from similar sources.
"(B) Permit expiration notification.--If the Administrator does not intend to issue a general permit under this paragraph that covers discharges that are substantially similar to discharges covered by a previously issued general permit, not later than the date that is 2 years before the date on which the previously issued general permit will expire, the Administrator shall publish in the Federal Register a notice of the decision not to reissue the general permit.
"(C) Application of permit terms of an expired permit.--
"(i) In general.--If a general permit issued under this paragraph expires and the Administrator has not published a notice under subparagraph (B), the Administrator shall, until the date described in clause (ii)--
"(I) continue to apply the terms, conditions, and requirements of the expired general permit to any discharge that was covered by the expired general permit; and
"(II) apply those terms, conditions, and requirements to any discharge that would have been covered by the expired general permit (in accordance with any relevant requirements for that coverage) if the discharge had occurred before that expiration.
"(ii) Date described.--The date referred to in clause (i) is the date that is the earlier of--
"(I) the date on which the Administrator issues a new general permit for discharges substantially similar to those covered by the expired general permit; and
"(II) the date that is 2 years after the date on which the Administrator publishes in the Federal Register a notice described in subparagraph (B).".
(b) NPDES Permit Terms.--Section 402(b)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended by striking "five years" and inserting "10 years".
SEC. _04. PROVIDING CERTAINTY TO PERMITS FOR DREDGED OR FILL
MATERIAL.
(a) Reducing Permitting Uncertainty.--
(1) In general.--Section 404(c) of the Federal Water Pollution Control Act (33 U.S.C.
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1344(c)) is amended--
(A) in the third sentence--
(i) by striking "his findings and his reasons" and inserting "the findings and reasons of the Administrator"; and
(ii) by striking "The Administrator" and inserting the following:
"(4) Written determination.--The Administrator";
(B) in the second sentence, by striking "Before making such determination," and inserting the following:
"(3) Consultation.--Before making a determination under paragraph (1),";
(C) by striking "(c) The Administrator" and inserting the following:
"(c) Specification or Use of Defined Area.--
"(1) In general.--The Administrator";
(D) in paragraph (1) (as so designated)--
(i) by striking "he is authorized"; and
(ii) by striking "he determines, after notice and opportunity for public hearings," and inserting "the Administrator determines, during the period described in paragraph (2) and after notice and opportunity for public hearings,"; and
(E) by inserting after paragraph (1) (as so designated) the following:
"(2) Period of prohibition.--The period during which the Administrator may prohibit the specification (including the withdrawal of specification) of a defined area as a disposal site, or deny or restrict the use of a defined area for specification (including the withdrawal of specification) as a disposal site, under paragraph (1) is the period that--
"(A) begins on the date on which an applicant submits all the information required to complete an application for a permit under this section; and
"(B) ends on the date on which the Secretary issues the permit.".
(2) Applicability.--The amendments made by paragraph (1) shall apply to a permit application submitted under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of enactment of this Act.
(b) Nationwide Permitting Improvement.--
(1) In general.--Section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)) is amended--
(A) by striking "(e)(1) In carrying out his functions" and inserting the following:
"(e) General Permits.--
"(1) Permits authorized.--In carrying out the functions of the Secretary";
(B) in paragraph (2)--
(i) by striking "(2) No general" and inserting the following:
"(2) Term.--No general"; and
(ii) by striking "five years" and inserting "10 years"; and
(C) by adding at the end the following:
"(3) Considerations.--In determining the environmental effects of an activity under paragraph (1) or (2), the Secretary--
"(A) shall consider only the effects of any discharge of dredged or fill material resulting from the activity;
"(B) shall consider any effects of a discharge of dredged or fill material into less than 3 acres of navigable waters to be a minimal adverse environmental effect; and
"(C) may consider any effects of a discharge of dredged or fill material into 3 acres or more of navigable waters to be a minimal adverse environmental effect.
"(4) Nationwide permits for linear projects.--
"(A) Definitions.--In this paragraph:
"(i) Linear infrastructure project.--The term `linear infrastructure project' means a project to carry out any activity required for--
"(I) the construction, expansion, maintenance, modification, or removal of infrastructure and associated facilities for the transmission from a point of origin to a terminal point of communications or electricity; or
"(II) the transportation from a point of origin to a terminal point of people, water, or wastewater.
"(ii) Linear pipeline project.--The term `linear pipeline project' means a project to carry out any activity required for the construction, expansion, maintenance, modification, or removal of infrastructure and associated facilities for the transportation from a point of origin to a terminal point of carbon dioxide, fuel, or hydrocarbons, in the form of a liquid, liquescent, gaseous, or slurry substance or supercritical fluid, including oil and gas pipeline facilities.
"(iii) Single and complete project.--The term `single and complete project' has the meaning given the term in section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).
"(B) Rule.--Notwithstanding any other provision of this section, the Secretary shall issue and maintain general permits on a nationwide basis under this subsection for--
"(i) linear infrastructure projects that result in a discharge of dredged or fill material into less than 3 acres of navigable waters for each single and complete project; and
"(ii) linear pipeline projects that do not result in the loss of navigable waters in an area that is greater than 0.5 acres for each single and complete project.
"(C) Pipeline threshold floor.--Nothing in subparagraph (B)(ii) limits the authority of the Secretary to authorize pipeline-related discharges of dredged or fill material into areas of navigable waters that are greater than 0.5 acres but below the 3-acre threshold described in subparagraph (B)(i).
"(5) Reissuance of nationwide permits.--In determining whether to reissue a general permit issued under this subsection on a nationwide basis--
"(A) no consultation with an applicable State pursuant to section 6(a) of the Endangered Species Act of 1973 (16 U.S.C. 1535(a)) is required;
"(B) no consultation with a Federal agency pursuant to section 7(a)(2) of that Act (16 U.S.C. 1536(a)(2)) is required; and
"(C) the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall be satisfied by preparing an environmental assessment (as defined in section 111 of that Act (42 U.S.C. 4336e)) with respect to the general permit.".
(2) Regulatory revisions required.--The Secretary of the Army, acting through the Chief of Engineers, shall expeditiously revise the regulations applicable to carrying out section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)) in order to streamline the processes for issuing general permits under that section to promote efficient and consistent implementation of that section.
(3) Administration of nationwide permit program.--In carrying out section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)), including in revising regulations pursuant to paragraph (2), the Secretary of the Army, acting through the Chief of Engineers, may not finalize or implement any modification to--
(A) general condition 15 (relating to single and complete projects), as included in the final rule of the Corps of Engineers entitled "Reissuance and Modification of Nationwide Permits" (86 Fed. Reg. 2744 (January 13, 2021));
(B) the definition of the term "single and complete linear project", as included in the final rule described in subparagraph (A); or
(C) the definition of the term "single and complete project" under section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(c) Judicial Review.--Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
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1344) is amended--
(1) in subsection (t), by striking "(t) Nothing in the section" and inserting the following:
"(u) Savings Provision.--Nothing in this section"; and
(2) by inserting after subsection (s) the following:
"(t) Judicial Review.--
"(1) Statute of limitations.--Notwithstanding any applicable provision of law--
"(A) an action seeking judicial review of the approval by the Administrator of a State permit program pursuant to this section shall be filed not later than 60 days after the date on which the approval was issued;
"(B) an action seeking judicial review of an individual permit or general permit issued under this section shall be filed not later than 60 days after the date on which the permit was issued; and
"(C) an action seeking judicial review of a verification that an activity involving the discharge of dredged or fill material is authorized by a general permit issued under this section shall be filed not later than 60 days after the date on which the verification was issued.
"(2) Limitation on commencement of certain actions.--Notwithstanding any other provision of law, no action described in subparagraph (A) or (B) of paragraph (1) may be commenced unless the action--
"(A) is filed by a party that submitted a comment--
"(i) during the public comment period for the administrative proceedings related to the action; and
"(ii) which was sufficiently detailed to put the Administrator, the Secretary, or the State, as applicable, on notice of the issue on which the party seeks judicial review; and
"(B) is related to that comment.
"(3) Jurisdiction.--
"(A) In general.--Unless otherwise provided by law, a civil action subject to this subsection shall be filed in a court of appeals of the United States for--
"(i) the judicial circuit in which, as applicable--
"(I) the applicant for the applicable permit is located or has its principal place of business; or
"(II) the person seeking the applicable verification is located or has its principal place of business;
"(ii) the judicial circuit for the State, as applicable--
"(I) for which the approval for a State permit program pursuant to this section was sought; or
"(II) in which--
"(aa) the activity for which the permit was sought would be carried out; or
"(bb) the activity for which the verification was sought would be carried out; or
"(iii) the District of Columbia Circuit.
"(B) Original and exclusive jurisdiction.--A court of appeals described in subparagraph (A) shall have original and exclusive jurisdiction over the applicable civil action.
"(C) Standing.--Notwithstanding any other provision of law, no court shall have jurisdiction to review a civil action subject to this subsection unless the civil action is filed--
"(i) not later than 60 days after the date on which the challenged action was finalized; and
"(ii) by--
"(I) the applicant; or
"(II) a person who has suffered, or likely and imminently will suffer, direct and irreparable economic harm from the approval, permit, or verification, subject to the condition that an organization or association shall satisfy the requirement of this clause only if each member of the organization or association satisfies the requirement.
"(4) Standard of review.--In reviewing the denial of a permit under this section, a court shall find the denial unlawful unless the court finds, based on clear and convincing evidence, that--
"(A) the Secretary has demonstrated that no condition on the permit would achieve compliance with the applicable provisions of section 301, 302, 303, 306, or 307; and
"(B) the Secretary considered specific alternative conditions, including alternatives offered by the applicant, and determined that those alternative conditions would not achieve compliance with this section.
"(5) Nonapplicant challenges.--If a party other than the applicant brings a civil action subject to this subsection seeking review of a permit under this section, the nonapplicant party shall demonstrate, with clear and convincing evidence, that, as applicable, the approval of the State permit program, the project for which the permit was granted, or the project for which verification was provided fails to achieve compliance with this section.
"(6) Remedies.--
"(A) Actions relating to permit programs.--If a court determines that the Administrator, in issuing the approval of a State permit program under this section, did not comply with this section--
"(i) the court shall remand the matter to the Administrator for further proceedings consistent with the determination of the court; and
"(ii) the court may not vacate, revoke, enjoin, or otherwise limit the authority of the State to issue permits under that State permit program.
"(B) Actions relating to permits.--If a court determines that the Secretary or a State, as applicable, did not comply with the requirements of this section in issuing an individual or general permit under this section, or in verifying that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section, as applicable--
"(i) the court shall remand the matter to the Secretary or the State, as applicable, for further proceedings consistent with the determination of the court;
"(ii) with respect to a determination regarding the issuance of an individual or general permit under this section--
"(I) the court may not vacate, revoke, enjoin, or otherwise limit the permit unless the court finds that activities authorized under the permit would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law; and
"(II) any injunction or other limitation ordered pursuant to subclause (I)--
"(aa) shall be narrowly tailored to the specific crossing, discharge, segment, or activity found to present an imminent and substantial danger; and
"(bb) may not extend to unrelated crossings, spreads, or project segments that are independently authorized and not the source of the alleged harm; and
"(iii) with respect to a determination regarding a verification that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section, the court may not enjoin or otherwise limit the discharge unless the court finds that activities authorized under the permit would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law.
"(7) Timeline to act on court order.--If a court remands a matter under paragraph (6), the court shall set and enforce a reasonable schedule and deadline, which may not exceed 180 days from the date on which the court remands the matter except as otherwise required by law, for the Administrator, the Secretary, or a State, as applicable, to take such actions as the court may order.".
SEC. _05. HARDROCK MINING MILL SITES.
(a) Multiple Mill Sites.--Section 2337 of the Revised Statutes (30 U.S.C. 42) is amended by adding at the end the following:
"(c) Additional Mill Sites.--
"(1) Definitions.--In this subsection:
"(A) Mill site.--The term `mill site' means a location of public land that is reasonably necessary for waste rock or tailings disposal or other operations reasonably incident to mineral development on, or production from land included in a plan of operations.
"(B) Operations; operator.--The terms `operations' and `operator' have the meanings given those terms in section 3809.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection).
"(C) Plan of operations.--The term `plan of operations' means a plan of operations that an operator must submit and the Secretary of the Interior or the Secretary of Agriculture, as applicable, must approve before an operator may begin operations, in accordance with, as applicable--
"(i) subpart 3809 of title 43, Code of Federal Regulations (or successor regulations establishing application and approval requirements); and
"(ii) part 228 of title 36, Code of Federal Regulations (or successor regulations establishing application and approval requirements).
"(D) Public land.--The term `public land' means land owned by the United States that is open to location under sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.), including--
"(i) land that is mineral-in-character (as defined in section 3830.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection));
"(ii) nonmineral land (as defined in section 3830.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection)); and
"(iii) land where the mineral character has not been determined.
"(2) In general.--Notwithstanding subsections (a) and (b), where public land is needed by the proprietor of a lode or placer claim for operations in connection with any lode or placer claim within the proposed plan of operations, the proprietor may--
"(A) locate and include within the plan of operations as many mill site claims under this subsection as are reasonably necessary for its operations; and
"(B) use or occupy public land in accordance with an approved plan of operations.
"(3) Mill sites convey no mineral rights.--A mill site under this subsection does not convey mineral rights to the locator.
"(4) Size of mill sites.--A location of a single mill site under this subsection shall not exceed 5 acres.
"(5) Mill site and lode or placer claims on same tracts of public land.--A mill site may be located under this subsection on a tract of public land on which the claimant or operator maintains a previously located lode or placer claim.
"(6) Effect on mining claims.--The location of a mill site under this subsection shall not affect the validity of any lode or placer claim, or any rights associated with such a claim.
"(7) Patenting.--A mill site under this section shall not be eligible for patenting.
"(8) Savings provisions.--Nothing in this subsection--
"(A) diminishes any right (including a right of entry, use, or occupancy) of a claimant;
"(B) creates or increases any right (including a right of exploration, entry, use, or occupancy) of a claimant on land that is not open to location under the general mining laws;
"(C) modifies any provision of law or any prior administrative action withdrawing land from location or entry;
"(D) limits the right of the Federal Government to regulate mining and mining-related activities (including requiring claim validity examinations to establish the discovery of a valuable mineral deposit) in areas withdrawn from mining, including under--
"(i) the general mining laws;
"(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
"(iii) the Wilderness Act (16 U.S.C. 1131 et seq.);
"(iv) sections 100731 through 100737 of title 54, United States Code;
"(v) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
"(vi) division A of subtitle III of title 54, United States Code (commonly referred to as the `National Historic Preservation Act'); or
"(vii) section 4 of the Act of July 23, 1955 (commonly known as the `Surface Resources Act of 1955') (69 Stat. 368, chapter 375; 30 U.S.C.
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612);
"(E) restores any right (including a right of entry, use, or occupancy, or right to conduct operations) of a claimant that--
"(i) existed prior to the date on which the land was closed to, or withdrawn from, location under the general mining laws; and
"(ii) that has been extinguished by such closure or withdrawal; or
"(F) modifies section 404 of division E of the Consolidated Appropriations Act, 2024 (Public Law 118-42).".
(b) Abandoned Hardrock Mine Fund.--
(1) Establishment.--There is established in the Treasury of the United States a separate account, to be known as the "Abandoned Hardrock Mine Fund" (referred to in this subsection as the "Fund").
(2) Source of deposits.--Any amounts collected by the Secretary of the Interior pursuant to the claim maintenance fee under section 10101(a)(1) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under subsection (c) of section 2337 of the Revised Statutes (30 U.S.C. 42) shall be deposited into the Fund.
(3) Use.--The Secretary of the Interior may make expenditures from amounts available in the Fund, without further appropriations, only to carry out section 40704 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
(4) Allocation of funds.--Amounts made available under paragraph (3)--
(A) shall be allocated in accordance with section 40704(e)(1) of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245(e)(1)); and
(B) may be transferred in accordance with section 40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).
(c) Clerical Amendments.--Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) by striking "the Mining Law of 1872 (30 U.S.C. 28-28e)" each place it appears and inserting "sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)";
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking "Such claim maintenance fee" and inserting the following:
"(B) Fee.--The claim maintenance fee under subparagraph (A)"; and
(ii) in the first sentence, by striking "The holder of" and inserting the following:
"(A) In general.--The holder of"; and
(B) in paragraph (2)--
(i) in the second sentence--
(I) by striking "the Mining Law of 1872 (30 U.S.C. 28 to 28e)" and inserting "sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)"; and
(II) by striking "Such claim maintenance fee" and inserting the following:
"(B) Fee.--The claim maintenance fee under subparagraph (A)"; and
(ii) in the first sentence, by striking "The holder of" and inserting the following:
"(A) In general.--The holder of"; and
(3) in subsection (b)--
(A) in the second sentence, by striking "The location fee" and inserting the following:
"(2) Fee.--The location fee"; and
(B) in the first sentence, by striking "The claim main tenance fee" and inserting the following:
"(1) In general.--The claim maintenance fee".
SEC. _06. AMENDMENTS TO NEPA.
(a) Purposes.--Section 2 of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) is amended--
(1) by striking the section designation and heading and all that follows through "are: To" and inserting the following:
"SEC. 2. PURPOSES.
"(a) Purposes.--The purposes of this Act are to"; and
(2) by adding at the end the following:
"(b) Intent.--This Act--
"(1) is a procedural statute intended to ensure Federal agencies consider the environmental impacts of their actions during the decisionmaking process;
"(2) does not mandate particular results; and
"(3) only prescribes a purely procedural process.
"(c) Effect.--Nothing in this Act--
"(1) mandates any specific environmental outcome or result; or
"(2) confers substantive rights or imposes substantive duties beyond procedural requirements.".
(b) Procedure for Determination of Level of Review.--Section 106 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336) is amended--
(1) in the section heading, by inserting "; scope of review" after "level of review";
(2) in subsection (a)--
(A) in paragraph (2), by striking "109 of this Act," and inserting "109, a categorical exclusion established by Congress,";
(B) in paragraph (3), by striking "or";
(C) in paragraph (4), by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
"(5) the proposed agency action is an action for which such agency's compliance with another statute's requirements serve a similar function as the requirements of this Act with respect to such action; or
"(6) the proposed agency action--
"(A) relates to a project or action that has already been reviewed pursuant to a State or Tribal environmental review statute, ordinance, resolution, regulation, or formally adopted policy; and
"(B) the lead agency determines such review meets the requirements of this Act.";
(3) in subsection (b)--
(A) in paragraph (2), in the first sentence--
(i) by striking "does not" and inserting "is not likely to"; and
(ii) by striking "109 of this Act," and inserting "109, a categorical exclusion established by Congress,"; and
(B) in paragraph (3), by striking subparagraph (B) and inserting the following:
"(B) is not required to undertake new scientific or technical research--
"(i) unless the new scientific or technical research is essential to a reasoned choice among alternatives, and the overall costs and time frame of obtaining it are not unreasonable; or
"(ii) after the receipt of an application, as applicable, with respect to such proposed agency action."; and
(4) by adding at the end the following:
"(c) Scope of Review.--In preparing an environmental document for a proposed agency action, a Federal agency--
"(1) may only consider effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration; and
"(2) may not consider effects that are speculative, attenuated from the project or action, separate in time or place from the project or action, or in relation to separate existing or potential future projects or actions.
"(d) Presumption of Negative Impacts of Taking No Action Relating to Tribal Trust Resources.--For any proposed agency action carried out on, or directly affecting, Tribal trust resources (including land and minerals) that is initiated by the federally recognized Indian Tribe for which the United States holds the affected resources in trust, and for which an environmental document was prepared that included consideration of a no action alternative, there shall be a presumption that the effects of taking no action will be negative for the federally recognized Indian Tribe.
"(e) Effect of Threshold Determinations on Other Agencies.--If a lead agency determines that an environmental document is not required to be prepared with respect to a proposed agency action under subsection (a), no other Federal agency may prepare an environmental document with respect to the proposed agency action.".
(c) Timely and Unified Federal Reviews.--
(1) Lead agency.--Section 107(a) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(a)) is amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking "at the earliest practicable time" and inserting "in accordance with subsection (g)(2)";
(ii) in subparagraph (D), by striking "carry out the proposed agency action" and inserting "carry out the proposed agency action in accordance with the deadlines described in subsection (g)"; and
(iii) in subparagraph (E)--
(I) by striking "a review" and inserting "an environmental review"; and
(II) by striking "such review" and inserting "such environmental review"; and
(B) in paragraph (3)--
(i) in the first sentence, by inserting "(including counties, boroughs, parishes, and other political subdivisions of a State)" after "local agency"; and
(ii) by adding at the end the following: "Such comments from Federal cooperating agencies shall be limited to matters relating to the proposed agency action with respect to which the Federal cooperating agency has jurisdiction by law.".
(2) One document.--Section 107(b) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(b)) is amended--
(A) by striking "To the extent practicable," and inserting the following:
"(1) Document.--To the extent practicable,"; and
(B) by adding at the end the following:
"(2) Consideration timing.--
"(A) In general.--In preparing an environmental document for a proposed agency action, no Federal agency shall be required to consider any scientific or technical research that becomes publicly available after the earlier of, as applicable--
"(i) the date of receipt of an application with respect to such proposed agency action; and
"(ii) the date of publication of a notice of intent or decision to prepare such environmental document for such proposed agency action.
"(B) Applicability to other law.--Nothing in this paragraph affects any review of information required under subchapter II of chapter 5 of title 5, United States Code, with respect to comments received during the public comment period as applicable.
"(C) Delay.--A Federal agency may not delay the issuance of an environmental document or a final agency action, including any decision or determination, on the basis of awaiting new scientific or technical research or information that was not available as of the earlier of the dates described in subparagraph (A).".
(3) Statement of purpose and need.--Section 107(d) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4336a(d)) is amended by striking the period at the end and inserting ", which shall, where applicable, meet the goals of the applicant.".
(4) Deadlines.--Section 107(g) of the National Environmental Policy Act of 1969 (42 U.S.C.
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4336a(g)) is amended--
(A) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (5), and (6), respectively;
(B) by inserting before paragraph (3) (as so redesignated) the following:
"(1) Applications for authorizations.--
"(A) Notification of complete or incomplete application.--Unless a shorter deadline is specified by law, in connection with a proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 60 days after the date on which the applicant submits the application to the agency, the agency shall document receipt of the application and--
"(i) notify the applicant that the application is complete; or
"(ii) notify the applicant that the application is incomplete and request, in writing, any additional information that the agency needs--
"(I) to determine that the application is complete; and "(II) to begin preparation of an environmental document.
"(B) Agency determination.--
"(i) Complete determination.--If an agency determines that an application is complete under subparagraph (A)(i), the agency shall, not later than 60 days after the date on which the agency makes such determination--
"(I) notify the applicant that the agency has determined that--
"(aa) the proposed agency action is excluded pursuant to 1 of the agency's categorical exclusions;
"(bb) the proposed agency action is not a major Federal action; or
"(cc) no further agency action is required;
"(II) issue a notice of intent to prepare an environmental impact statement for the proposed agency action; or
"(III) notify the applicant that the agency has determined that preparation of an environmental assessment is necessary.
"(ii) Incomplete determination.--If an agency requests additional information under subparagraph (A)(ii), the deadline described in clause (i) shall be based on the date on which the agency receives the additional information instead of the date on which the determination is made.
"(2) Cooperating agencies.--
"(A) In general.--Not later than 21 days after the date on which a lead agency issues a notice of intent under paragraph (1)(B)(i)(II) or notifies an applicant under paragraph (1)(B)(i)(III) with respect to a proposed agency action, the lead agency shall--
"(i) identify all agencies that are likely to have environmental review, authorization, or other responsibilities with respect to the proposed agency action; and
"(ii) invite each agency to become a cooperating agency.
"(B) Deadline to accept invitation.--Not later than 21 days after the date on which an agency receives an invitation to become a cooperating agency under subparagraph (A)(ii), the agency shall accept or deny the invitation.
"(C) Convening of cooperating agencies.--Not later than 7 days after the deadline described in subparagraph (B) has passed for each agency that received an invitation to become a cooperating agency under subparagraph (A)(ii), the lead agency that sent each invitation shall convene each agency that accepts such an invitation to coordinate on developing the schedule under subsection (a)(2)(D) for the applicable proposed agency action.
"(D) Unidentified agencies.--If an agency that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposed agency action is not identified under subparagraph (A)(i), the lead agency with respect to the proposed agency action shall--
"(i) invite such unidentified agency to become a cooperating agency by not later than 7 days after the date on which the lead agency becomes aware that the agency has jurisdiction by law or special expertise; and
"(ii) if such agency accepts the invitation, incorporate such agency into the schedule developed under subsection (a)(2)(D) and update such schedule accordingly by not later than 14 days after the date on which the agency accepts the invitation.";
(C) in paragraph (3) (as so redesignated)--
(i) in the paragraph heading, by striking "In general" and inserting "Review timeline"; and
(ii) in the matter preceding subparagraph (A), by striking "paragraph (2)" and inserting "paragraph (5)";
(D) by inserting after paragraph (3) (as so redesignated) the following:
"(4) Deadline for final agency action.--
"(A) In general.--For any proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 30 days after completing an environmental impact statement or an environmental assessment for the proposed agency action, the lead agency, and any cooperating agency, shall issue a final agency action.
"(B) Performance schedule.--The agency issuing the final agency action under subparagraph (A) shall include, in the final agency action, a performance schedule for the completion of any other outstanding authorizations.";
(E) in paragraph (5) (as so redesignated)--
(i) by striking "the deadline described in paragraph (1)" and inserting "a deadline described in this subsection"; and
(ii) by striking ", in consultation with the applicant, to" and inserting "if the applicant approves such extension. If the applicant approves such extension, the lead agency shall";
(F) in paragraph (6) (as so redesignated)--
(i) in subparagraph (A), by striking "A project sponsor may" and inserting "Except as provided in subparagraph (C), a project sponsor may"; and
(ii) by adding at the end the following:
"(C) Exception.--A project sponsor that approved an extension of a deadline under paragraph (5) may not obtain judicial review of a failure to act in accordance with such deadline under subparagraph (A) unless the lead agency fails to meet the new deadline or is delaying for reasons other than those necessary to complete its review."; and
(G) by adding at the end the following:
"(7) Concurrent review.--In carrying out an environmental review, the lead agency and each cooperating agency shall carry out the obligations of that agency under other applicable laws concurrently, and in conjunction, with other required reviews for the proposed agency action, pursuant to the requirements of applicable law, including, if applicable, this Act.".
(d) Programmatic Environmental Documents.--Section 108 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is amended--
(1) in the matter preceding paragraph (1), by striking "When an agency prepares" and inserting the following:
"(a) Programmatic Environmental Documents.--When an agency prepares";'
(2) in subsection (a) (as so designated)--
(A) in paragraph (1), by striking "5" and inserting "10"; and
(B) in paragraph (2), by striking "5" and inserting "10"; and
(3) by adding at the end the following:
"(b) Reliance on Previously Completed Environmental Reviews.--
"(1) Actions that are substantially the same.--A lead agency may satisfy the requirements of this Act with respect to a major Federal action by relying on an environmental assessment, environmental impact statement, or a categorical exclusion determination that the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency completed for another major Federal action if the lead agency determines that--
"(A) the new major Federal action is substantially the same as the other major Federal action or, if applicable, an alternative analyzed in such environmental assessment or environmental impact statement; and
"(B) if applicable, the effects of the new major Federal action are substantially the same as the effects analyzed in such environmental assessment or environmental impact statement.
"(2) Actions that are not substantially the same.--
"(A) In general.--If a new major Federal action is not substantially the same as another major Federal action or an alternative analyzed in an environmental assessment or environmental impact statement completed by the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency, the lead agency may modify or augment any such previously completed environmental assessment or environmental impact statement as necessary to satisfy the requirements of this Act with respect to the new major Federal action.
"(B) Public availability.--The lead agency shall make any environmental assessment or environmental impact statement modified under subparagraph (A) publicly available as a new environmental assessment or environmental impact statement.".
(e) Adoption of Categorical Exclusions.--Section 109 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336c) is amended--
(1) in the matter preceding paragraph (1), in the first sentence, by inserting ", or that was legislatively enacted by Congress," after "procedures";
(2) in paragraph (1), by inserting ", or that was established by Congress," after "procedures"; and
(3) in paragraph (2), by inserting "if applicable," before "consult".
(f) Definitions.--Section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e) is amended--
(1) in paragraph (1), by inserting ", or Congress deems by statute," after "Federal agency has determined";
(2) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (11), (12), and (13) as paragraphs (2), (3), (4), (5), (6), (7), (8), (11), (12), (13), and (15), respectively, and moving all paragraphs of the section so as to appear in numerical order;
(3) by inserting before paragraph (2) (as so redesignated) the following:
"(1) Authorization.--The term `authorization' means any lease, right-of-way, easement, license, permit, approval, finding, determination, or other administrative decision issued by an agency, or any interagency consultation, that is required or authorized under Federal law in order to construct, modify, or operate a project.";
(4) in paragraph (10)--
(A) in subparagraph (B)--
(i) in clause (iii)--
(I) by inserting "grants (including capitalization grants), cost share awards," after "loan guarantees,";
(II) by striking "sufficient" and inserting "complete"; and
(III) by striking "subsequent use of such financial assistance or the";
(ii) in clause (iv), by striking "section 7(a) or (b) and of the Small Business Act ( U.S.C. 636(a)), or" and inserting "subsection (a) or (b) of section 7 of the Small Business Act (15 U.S.C. 636) or";
(iii) by redesignating clauses (iv) through (vii) as clauses (vi) through (ix), respectively;
(iv) by inserting after clause (iii) the following:
"(iv) farm ownership and operating loan guarantees by the Farm Service Agency pursuant to section 305 and subtitle B of the Consolidated Farm and Rural Development Act (7 U.S.C.
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1925, 1941 et seq.);
"(v) the issuance of a permit or other authorization by a Federal agency where the proposal under consideration is otherwise being evaluated or was previously evaluated by the lead agency in compliance with this Act;"; and
(v) in clause (viii) (as so redesignated), by striking "entirely"; and
(B) by adding at the end the following:
"(C) Additional exclusions.--An agency action may not be determined to be a major Federal action solely on the basis of the provision of Federal funds, including a grant, loan, loan guarantee, and funding assistance."; and
(5) by inserting after paragraph (13) (as so redesignated) the following:
"(14) Reasonably foreseeable.--
"(A) In general.--The term `reasonably foreseeable', with respect to environmental effects of a proposed agency action, means effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration.
"(B) Exclusions.--The term `reasonably foreseeable', with respect to environmental effects of a proposed agency action, does not include effects that are--
"(i) speculative;
"(ii) attenuated from the proposed agency action;
"(iii) separate in time or place from the proposed agency action; or
"(iv) in relation to separate existing or potential future projects.".
(g) Duties of the Council.--Section 204(4) of the National Environmental Policy Act of 1969 (42 U.S.C. 4344(4)) is amended by inserting "energy," after "health,".
(h) Judicial Review.--Title I of the National Environmental Policy Act of 1969 is amended--
(1) by redesignating section 112 (42 U.S.C. 4336f) as section 110A, and moving the section so as to appear after section 110; and
(2) by inserting before section 111 the following:
"SEC. 110B. JUDICIAL REVIEW.
"(a) Role of the Court.--In reviewing a claim or petition for review of whether a final agency action complies with the requirements of this Act, a court--
"(1) shall afford substantial deference to the agency; and
"(2) may not substitute its judgment for that of the agency with respect to the environmental effects included in the final agency action or the environmental document.
"(b) Remand.--
"(1) In general.--If a court holds, under section 706(2)(A) of title 5, United States Code, that a final agency action does not comply with the requirements of this Act, the only remedy the court may order, notwithstanding chapter 7 of that title, is to remand, without vacatur or injunction, the final agency action to the agency with--
"(A) specific instruction to correct the errors or deficiencies found by the court; and
"(B) a reasonable schedule and deadline to correct such errors or deficiencies, which such deadline may not exceed--
"(i) with respect to an order entered on or after the date of enactment of this section, the date that is 180 days after the date on which the order was entered; and
"(ii) with respect to an order entered before the date of enactment of this section, the date that is 180 days after that date of enactment.
"(2) Continued effect of final agency action.--A final agency action remanded under paragraph (1) shall remain in effect while the Federal agency corrects any errors or deficiencies found by the court.
"(3) Prohibition.--No court may issue a temporary restraining order or preliminary injunction during consideration of a claim or petition for review described in subsection (a).
"(c) Limitations on Claims and Petitions for Review.--
"(1) In general.--Notwithstanding any other provision of law (except as provided in subparagraph (A) with respect to a shorter deadline), a claim or petition for review described in subsection (a) shall be barred unless--
"(A) the claim or petition for review is filed not later than 150 days after the date on which the final agency action is made public, unless a shorter deadline is specified under Federal law;
"(B) in the case of a final agency action or petition for review for which there was a public comment period on an environmental document, the claim or petition for review--
"(i) is filed by a party that submitted a substantive and unique comment during the public comment period by the noticed comment deadline for the environmental document and the comment was sufficiently detailed to put the applicable Federal agency on notice of the issue on which the party seeks review; and
"(ii) concerns the same subject matter raised in the comment submitted during the public comment period;
"(C) the claim or petition for review is filed by a party that has suffered or imminently will suffer direct harm from the final agency action; and
"(D) the claim or petition for review does not challenge the establishment of a categorical exclusion.
"(2) Supplemental environmental documents.--
"(A) In general.--If an agency issues a supplemental environmental document in response to a court order remanding a final agency action, the deadline described in paragraph (1)(A) shall be the date on which the agency makes public the agency action for which the supplemental environmental document is prepared.
"(B) Limitation.--A claim for review of a final agency action described in subparagraph (A) shall be limited to information contained in the final supplemental environmental document that was not contained in a previous environmental document for the final agency action.
"(3) Actions for use of tribal trust resources.--
"(A) In general.--For any final agency action that authorizes or affects the use of land, minerals, or other resources already held in trust at the time of the final agency action by the United States for the benefit of a federally recognized Indian Tribe, except as provided in subparagraph (B), there shall be no administrative or judicial review of the final agency action or petition for review based on a claim of failure to comply with the requirements of this Act.
"(B) Limitation.--Subparagraph (A) shall not apply to actions for administrative or judicial review--
"(i) brought by a federally recognized Indian Tribe for which the United States holds the land, minerals, or other resources in trust; or
"(ii) that involve reasonably foreseeable effects of the final agency action that occur outside the land, minerals, or other resources held in trust by the United States for the benefit of a federally recognized Indian Tribe.
"(d) Deadline for Resolution.--
"(1) In general.--A court shall issue a final judgment on a claim or petition for review described in subsection (a)--
"(A) as expeditiously as practicable; and
"(B) unless a shorter deadline is specified under Federal law, not later than the date that is 180 days after the date on which the agency record for the review is filed with the reviewing court, which shall not be more than 60 days after the filing of the claim or petition for review.
"(2) Accelerated deadlines.--Nothing in this subsection prevents a court from further expediting review of a claim or petition for review described in subsection (a).
"(3) Appeals.--
"(A) Filing.--
"(i) In general.--A notice of appeal of a final judgment described in this subsection shall be filed not later than 60 days after the final judgment is issued.
"(ii) Remanded actions.--In the case of a final agency action remanded under subsection (b), the agency and, if applicable, the applicant, shall have the right to appeal during the pendency of the remand.
"(B) Deadline for review.--A court shall issue a final decision on an appeal filed under subparagraph (A)--
"(i) as expeditiously as practicable; and
"(ii) not later than the date that is 180 days after the date on which the appeal is filed.
"(e) No Effect on Review of Compliance With Other Deadlines.--Nothing in this section affects the right to obtain review under section 107(g)(6).".
Text of Senate Amendment 6813
Pages S4880–S4881 · Official textSA 6813. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (3,244 characters)
At the end of title I, add the following:
SEC. 129. DISCLOSURE OF FOREIGN FINANCING OF INTERCOLLEGIATE
ATHLETICS.
(a) Disclosure to Intercollegiate Athletic Association.--
(1) In general.--A covered person shall disclose to the relevant intercollegiate athletic association (except in the case of a covered person that is an intercollegiate athletic association) all amounts received by the covered person relating to intercollegiate athletics from a foreign government, a foreign adversary, a state-owned enterprise, a sovereign wealth fund, or any other foreign source.
(2) Disclosure deadlines.--
(A) In general.--Except as provided under subparagraph (B), disclosures under paragraph (1) shall be made not later than 30 days after--
(i) entering into a relevant transaction or receiving funds, whichever occurs first; or
(ii) any material change that would impact a previous disclosure.
(B) Name, image, and likeness agreement.--With respect to any name, image, and likeness agreement entered into by a covered person who is a student athlete or prospective student athlete, any disclosure required under this subsection shall be included in the disclosure required under section 101(b).
(b) Report and Public Availability.--
(1) In general.--Not later than August 1 of each year, each intercollegiate athletic association shall submit to the Secretary of Education, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report on--
(A) all disclosures received under subsection (a) during the one-year period preceding the date of the report; and
(B) any amounts received by the intercollegiate athletic association relating to intercollegiate athletics from a foreign government, a foreign adversary, a state-owned enterprise, a sovereign wealth fund, or any other foreign source during the one-year period preceding the date of the report.
(2) Public availability.--Each intercollegiate athletic association shall publish on a publicly available website an updated disclosure containing the matter required under paragraph (1) not later than January 31 and July 31 of each year.
(c) Definitions.--In this section:
(1) Covered person.--The term "covered person" means--
(A) an institution;
(B) a conference;
(C) an intercollegiate athletic association;
(D) an associated entity;
(E) a collective;
(F) a student athlete or prospective student athlete;
(G) an athlete agent receiving or arranging funds on behalf of an athlete; or
(H) an entity selling or licensing media, sponsorship, apparel, or commercial rights relating to college sports.
(2) Foreign adversary.--The term "foreign adversary" has the meaning given the term "covered nation" in section 4872 of title 10, United States Code.
(3) Foreign source.--The term "foreign source" has the meaning given that term in section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f).
(4) Sovereign wealth fund.--The term "sovereign wealth fund" means an investment fund, investment vehicle, or investment entity established, owned, controlled, or directed by a foreign government, including any subsidiary or affiliate controlled by such fund, vehicle, or entity.
Text of Senate Amendment 6814
Page S4881 · Official textSA 6814. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (589 characters)
At the end of title I, add the following:
SEC. 129. PROHIBITION ON CERTAIN FOREIGN FINANCING OF
INTERCOLLEGIATE SPORTS.
(a) In General.--The President shall prohibit any government of a foreign adversary, any entity subject to sanctions imposed by the United States, any state-owned enterprise, and any person related to any such government or entity from financing intercollegiate sports in the United States.
(b) Foreign Adversary Defined.--In this section, the term "foreign adversary" has the meaning given the term "covered nation" in section 4872 of title 10, United States Code.
Text of Senate Amendment 6815
Page S4881 · Official textSA 6815. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (282 characters)
On page 151, strike line 16 and all that follows through "3 years" on line 20 and insert the following:
"(i) during the 2-year period beginning on the date of enactment of the Protect College Sports Act of 2026, means an institution that has, at least once in the preceding 2 years
Text of Senate Amendment 6816
Page S4881 · Official textSA 6816. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (471 characters)
In section 101, add at the end the following:
(f) Prohibition on Certain Name, Image, and Likeness Agreements.--No conference, institution, intercollegiate athletic association, associated entity, collective, or third party may enter into a name, image, and likeness agreement with a student athlete (or group of student athletes) that promotes gambling, tobacco or nicotine products, marijuana, alcoholic beverages, or sexually explicit commercial products or services.
Text of Senate Amendment 6817
Page S4881 · Official textSA 6817. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (282 characters)
On page 151, strike line 16 and all that follows through "3 years" on line 20 and insert the following:
"(i) during the 3-year period beginning on the date of enactment of the Protect College Sports Act of 2026, means an institution that has, at least once in the preceding 2 years
Text of Senate Amendment 6818
Page S4881 · Official textSA 6818. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (19 characters)
Strike section 205.
Text of Senate Amendment 6819
Page S4881 · Official textSA 6819. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (399 characters)
At the end of title II, add the following:
SEC. 208. CONFERENCE MEMBERSHIP LIMIT AND COVERED INSTITUTION
LOOKBACK.
Section 7 of the Sports Broadcasting Act of 1961, as added by section 205, is amended--
(1) in subsection (a)(1)(B), by striking "19 institutions" and inserting "20 institutions"; and
(2) in subsection (f)(2)(A)(i), by striking "preceding 3 years" and inserting "preceding year".
Text of Senate Amendment 6820
Pages S4881–S4882 · Official textSA 6820. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (2,651 characters)
After section 114, insert the following:
SEC. 114A. KEEPING PRIVATE EQUITY OUT OF INTERCOLLEGIATE
SPORTS.
(a) Definitions.--In this section:
(1) Foreign sovereign wealth fund.--The term "foreign sovereign wealth fund" means an investment fund owned or controlled by--
(A) a foreign state or an agency or instrumentality of a foreign state, as such terms are defined in section 1603 of title 28, United States Code; or
(B) an agent of a foreign principal, as defined in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611).
(2) Private equity firm.--The term "private equity firm" means any of the following:
(A) A hedge fund or private equity fund, as such terms are defined in section 13(h) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)).
(B) A private fund, as defined in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)).
(C) An investment adviser, as defined in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)), that advises a fund described in subparagraph (A) or (B).
(b) Prohibition on Private Equity Firms and Foreign Sovereign Wealth Funds.--An institution, conference, intercollegiate athletic association, or collective shall not enter into, maintain, or permit any agreement (including through a joint venture) with a private equity firm or a foreign sovereign wealth fund that--
(1) transfers, assigns, pledges, or otherwise conveys to such firm or fund any ownership, profit, or revenue interest arising from its intercollegiate athletics program, including media, sponsorships, licensing, ticketing, premium seating, data, or other commercial rights; or
(2) with respect to intercollegiate athletics, grants such firm or fund approval
rights, voting rights, or influence over athletics decisions, branding, rulemaking or enforcement, endorsement or financial decisions, scheduling, personnel, or student athlete participation.
(c) Enforcement.--A person alleging a violation under this section may file a civil action in an appropriate district court of the United States, or in an appropriate State court, in the same manner and subject to the same conditions and requirements as a civil action filed under section 119(a).
(d) Applicability.--
(1) In general.--This section shall apply beginning on the date of enactment of this Act, except as provided in paragraph (2).
(2) Existing agreements.--With respect to any agreement described in subsection (b) that was entered into before the date of enactment of this Act, this section shall apply beginning on the date that is 1 year after the date of enactment of this Act.
Text of Senate Amendment 6821
Page S4882 · Official textSA 6821. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (1,187 characters)
At the end, add the following:
SEC. 401. ENFORCEMENT BY STATES.
(a) In General.--If the attorney general of a State has reason to believe that a person has violated or is violating this Act, an amendment made by this Act, or a regulation promulgated thereunder that affects the residents of that State, the State, as parens patriae, may bring a civil action in any appropriate district court of the United States, to--
(1) enjoin any further violation by the person;
(2) enforce compliance with this Act or any such amendment or regulation;
(3) obtain other remedies permitted under State law; and
(4) obtain damages, restitution, or other compensation on behalf of residents of the State.
(b) Rule of Construction.--For purposes of bringing a civil action under subsection (a), nothing in this Act shall be construed to prevent the chief law enforcement officer or official or agency of a State from exercising the powers conferred on such chief law enforcement officer or official or agency of a State by the laws of the State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
Text of Senate Amendment 6822
Page S4882 · Official textSA 6822. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (84 characters)
Beginning on page 107, strike line 12 and all that follows through page 108, line 4.
Text of Senate Amendment 6823
Page S4882 · Official textSA 6823. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (77 characters)
On page 105, strike line 10 and insert the following: (1) treble damages; and
Text of Senate Amendment 6824
Page S4882 · Official textSA 6824. Mrs. BLACKBURN submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (303 characters)
At the end of title I, add the following:
SEC. ___. RULE OF CONSTRUCTION ON SOVEREIGN IMMUNITY.
Nothing in this Act, or an amendment made by this Act, shall be construed to waive, abrogate, modify, or limit the rights of sovereign immunity of a public institution of higher education available at law.
Privileges of the Floor
Page S4882 · Official textMr. President, I ask unanimous consent that the following intern at my office be granted floor privileges until November 20, 2026: Savanna Depriest.
The PRESIDING OFFICER
Without objection, it is so ordered.
Appointments
Page S4882 · Official textThe PRESIDING OFFICER
The Chair, on behalf of the Democratic Leader, pursuant to Public Law 96-114, as amended, appoints the following individuals to the Congressional Award Board. Israel S. Klein of Maryland; Robert Waterman of New York; Jocelynne Rainey of New York; Elaine Spaull of New York; and Karen Talarico of New Jersey.
Measures Placed on the Calendar--S. 5438 and H.r. 9576
Page S4882 · Official textMr. President, I understand that there are two bills at the desk due for a second reading en bloc.
The PRESIDING OFFICER
The Senator is correct.
The clerk will read the bills by title for the second time en bloc. The legislative clerk read as follows:
Text printed in the Record (436 characters)
A bill (S. 5438) to ratify and approve all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders issued pursuant to Federal law necessary for the establishment and administration of the Coastal Plain oil and gas leasing program, and for other purposes.
A bill (H.R. 9576) to establish the National Fraud Enforcement Division of the Department of Justice.
Mr. President, in order to place the bills on the calendar under the provisions of rule XIV, I would object to further proceedings en bloc.
The PRESIDING OFFICER
Objection having been heard, the bills will be placed on the calendar under the provisions of rule XIV.
Resolutions Submitted Today
Page S4882 · Official textMr. President, I ask unanimous consent that the Senate now proceed to the en bloc consideration of the following resolutions which are at the desk: S. Res. 870 and S. Res. 871.
There being no objection, the Senate proceeded to consider the resolutions en bloc.
I ask unanimous consent that the resolutions be agreed to, the preambles be agreed to, and that the motions to reconsider be considered made and laid upon the table, all en bloc.
The PRESIDING OFFICER
Without objection, it is so ordered.
The resolutions were agreed to.
The preambles were agreed to.
(The resolutions, with their preambles, are printed in today's Record under "Submitted Resolutions.")
Vicksburg National Military Park Boundary Modification Act
Page S4882 · Official textMr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 4467, which was received from the House.
The PRESIDING OFFICER
The clerk will report the bill by title.
The legislative clerk read as follows:
Text printed in the Record (134 characters)
A bill (H.R. 4467) to modify the boundary of the Vicksburg National Military Park in the State of Mississippi, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
I ask unanimous consent that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER
Without objection, it is so ordered.
The bill (H.R. 4467) was ordered to a third reading, was read the third time, and passed.
Reversionary Interest Conveyance Act
Pages S4882–S4883 · Official textMr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be discharged from further consideration of H.R. 952 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER
Without objection, it is so ordered.
The clerk will report the bill by title. The legislative clerk read as follows:
Text printed in the Record (117 characters)
A bill (H.R. 952) to convey the reversionary interest of the United States in certain land in Sacramento, California.
There being no objection, the committee was discharged, and the Senate proceeded to consider the bill.
I ask unanimous consent that the bill be considered read a third time and passed and the motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER
Without objection, it is so ordered.
The bill (H.R. 952) was ordered to a third reading, was read the third time, and passed.
Orders for Wednesday, September 23, 2026
Page S4883 · Official textMr. President, I ask unanimous consent that when the Senate completes its business today, it stand adjourned until 10 a.m. on Wednesday, September 23; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day, morning business be closed, and the Senate resume consideration of the substitute amendment No. 6776 to S. 4668 postcloture; further, that the Senate recess from 12:30 p.m. until 2:15 p.m. to allow for the weekly conference meetings; further, at 2:15 p.m., the Senate proceed to executive session and execute the order with respect to Executive Calendar No. 828, and following disposition of the nomination, the Senate resume legislative session; finally, if any nominations are confirmed during Wednesday's session of the Senate, the motions to reconsider be considered made and laid upon the table and the President be immediately notified of the Senate's actions.
The PRESIDING OFFICER
Without objection, it is so ordered.
Adjournment Until 10 A.m. Tomorrow
Page S4883 · Official textMr. President, if there is no further business to come before the Senate, I ask that it stand adjourned under the previous order.
There being no objection, the Senate, at 7:55 p.m., adjourned until Wednesday, September 23, 2026, at 10 a.m.