Monday, September 28, 2026

Madam President, so far this year, 4.3 million Americans have filed to start their own business. That is a 13-percent increase over the same time last year. As these entrepreneurs get underway, their businesses will be able to take advantage of the pro-growth tax reform the Republicans enacted last year in the Working Families Tax Cuts. Because we delivered permanent tax reform, an entire generation of American small business owners, entrepreneurs, and innovators will have a better environment in which to pursue their American dream. Small businesses are already benefiting from this landmark law. This year, 12 million small business owners saw a lower tax bill, a $7,000 average tax cut. That is the result of lower tax rates across the board, the permanent 199A small business deduction, immediate expensing for new equipment and for factory construction, and the permanent research and development tax credit. These tax policies are helping small businesses across an array of industries as well as family farms and ranches across America. That is certainly true in my home State of South Dakota. An agricultural co-op in my State says the 199A small business deduction, which Republicans first implemented with the Tax Cuts and Jobs Act back in 2017, has allowed them to pass $140 million in tax savings back to South Dakota farmers over the last decade. A car dealership in Sioux Falls was able to put an addition on and hire 10 new employees thanks to the bonus depreciation provision. Just to the west, a rancher in Montana said, thanks to the Working Families Tax Cuts expensing provisions his ranch "will be able to upgrade equipment, increasing [its] efficiency without being hit by a huge tax burden." U.S. Metal Powders--a manufacturer in Palmerton, PA--has broken ground on a new production line that will allow the business to double the size of its workforce. A convenience store operator in Denver has said the Working Families Tax Cuts will help him double the size of one of his stores and reopen two others, allowing him to grow job opportunities at his company by 50 percent. They are not the only ones. Businesses across the country have been able to make investments in new equipment, raise their employees' pay, and create jobs because of the tax policy in Republicans' landmark bill. One thing that business owners invariably bring up when they talk about the Working Families Tax Cuts is what it does for their employees. They talk about how they have been able to increase pay--not to mention the fact that more of that pay stays in their employees' pockets. The Working Families Tax Cuts was responsible for no tax on tips and overtime, which allows hard-working people to keep more of their hard-earned money. And then there are the benefits employers have been able to offer because of this legislation. A business owner in Chicago has made long-term investments in paid maternity leave and a 401(k) matching program. Another company in Missouri is giving its employees a profit-sharing bonus. A number of employers are pledging to invest in the Trump Accounts that their employees have been able to set up for their children. And provisions in this legislation support employer efforts to offer childcare and help repay their employees' student loans. I said that the Working Families Tax Cuts provides tax relief that will help small businesses and family farms and ranches for years to come. And on that point, perhaps no policy is as significant as the death tax relief we provided in this bill. For a lot of family businesses, especially ag families, the death tax has cast a dark shadow over their dream. It is a cause for anxiety, especially among farmers and ranchers, businesses that might look well-off on paper but are actually cash poor. Their wealth is tied up in land, tractors, combines, and livestock. But because that doesn't matter when it comes to the death tax, many families have had to sell off all or part of their operation just to pay the tax bill when a family member dies. Eliminating this fundamentally unfair tax has long been a priority of mine, and I am proud that the Working Families Tax Cuts permanently raised the exemption threshold on the death tax, which means that a lot more families will be protected from losing their livelihood when they lose a loved one. This was an important priority for Republicans last year, and it is encouraging to see farmers and ranchers breathing a sigh of relief with the burden of this tax off of their shoulders. One farmer in Iowa said:

Text printed in the Record (147 characters)

One of my goals when I started farming was to be able to pass this farm on to the next generation, and I'm doing that. I feel very good about that.

A rancher in Montana said:

Text printed in the Record (265 characters)

Without the estate tax reforms . . . ranches like ours would have likely had to decide whether to sell off cattle or land just to cover the tax bill when it was time to pass it on. Now we have a fair shot at keeping the whole ranch together for the next generation.

Charles E. Schumer (D-NY)

Thanks to this bill, family farms and ranches and family businesses have a fair shot at staying in the family for generations to come. These are just some of the results of the Working Families Tax Cuts, and I can't overstate how significant this bill is. The owners of a small business in Arizona wrote in their local paper last year that if Congress had not passed the Working Families Tax Cuts, they "would have had to raise prices and cut costs, and over time, the pressure would have only increased." They are not alone. This Republican majority has worked hard to put more money in American families' pockets, in many cases by getting government out of the way. We have delivered permanent--permanent--tax relief. We rescinded a number of Biden-era regulations that would have reduced choice and raised prices for Americans. We passed a housing bill that eliminated a lot of redtape that has driven up the cost of home ownership and implemented new measures to drive down prices at the pharmacy counter. Republicans are working to put more money in hard-working Americans' pockets and help America's small businesses grow. We are setting the conditions for a brighter future and keeping the American dream alive and strong for future generations. I yield the floor. I suggest the absence of a quorum.

The ACTING PRESIDENT pro tempore

The clerk will call the roll.

The senior assistant bill clerk proceeded to call the roll.

Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

The ACTING PRESIDENT pro tempore

Without objection, it is so ordered. The Democratic leader is recognized.

Charles E. Schumer (D-NY)

Madam President, this is on the taxpayer-funded Trump political ads. Every day--every day--Trump comes up with a new corruption scheme to abuse American taxpayers for his own benefit. That is why corruption is a hallmark of this administration. Yesterday, Trump aired another partisan campaign ad on multiple channels during prime time. And if you can believe it, who paid for it? The U.S. Government. The U.S. taxpayers paid for a political ad by Trump. These ads are virtually indistinguishable from those made for Trump's 2024 campaign, and yet you the taxpayer is funding them. It is an absolute violation of what democracy is supposed to look like. Americans sat down to watch football, not to be force-fed Trump's propaganda on their own dime. Only Trump would have the audacity to force Americans not only to watch his propaganda, but to pay for it. We can add these campaign ads to the list of vanity projects that Trump has egregiously charged to the American taxpayer: his arch, his ballroom, upgrades to his luxury foreign jet, his MAGA slush fund, and so much more. The corruption goes on and on; it is endless in this administration. Every week, Trump thinks of a new corrupt measure so he can rip off the American taxpayer and enrich himself. I am calling on the administration to reveal which Agency aired this illegal propaganda, on whose orders, and exactly at what cost to the American taxpayer. These ads send a clear message, just not the one Trump intended. It sends the message that Trump and the Republicans are scared; they are desperate; and they know the American people are done buying what they are selling. Madam President, on the Trump rescissions, Trump has no problem wasting billions of American taxpayers on his vanity projects but suddenly gets stingy when there is an opportunity to support American families. Over the weekend, Trump illegally cut nearly a billion dollars from programs designed to help American families and communities to get ahead. Trump's rescissions package eviscerated funding that supports kids, K through 12 students, small businesses, health, and clean air research. These cuts are just another slap in the face to the American people as they struggle to afford the skyrocketing costs of Trump's never-ending war and spiraling economy. Here is an idea, Donald: Instead of burning billions of taxpayer dollars on the arch or the reflecting pool or the ballroom or any of your hundred vanity projects, Trump, you ought to invest that money in American families and keep these programs intact. Trump cut funding that Congress approved--Democrats and Republicans. Every Senate Republican who voted for any of the bills providing this funding ought to be up in arms. Senate Democrats are going to challenge Trump's illegal cuts every chance we get. Unless Senate Republicans want to remain nothing more than a rubberstamp for Donald Trump and his grim reaper Russell Vought, they need to join us to stop the Trump administration from robbing the American people blind. Madam President, finally on the Iran war, it now enters its eighth month, and Trump continues to drag America through the mess he has made in Iran. It was going to end in a week or a month or 2 weeks or 3 weeks or 2 months. We are in the eighth month. When Trump started his disastrous war, yes, he said it would only take a few weeks, but Trump's campaign is now entering its eighth month--its eighth month. Trump is starting the eighth month of his war the same way he started the first month, with empty promises to the American people that victory is right around the corner. Yesterday, Trump told FOX News:

Text printed in the Record (86 characters)

We're going to win this war very soon, and as soon as we win it, the oil will go down.

Charles E. Schumer (D-NY)

Well, it has been going up for 8 months, Mr. President. The American people are out billions of dollars out of their pockets already. Nobody wants to wait any longer. Whatever timeline Trump thinks is "very soon," isn't soon enough for the American people. We are getting crushed by the cost of this war every time we go to the gas station. Trump shows no signs of ending this war, not when he just launched a pledge for new strikes on Iran after the midterms. How much longer is Trump going to continue his failed war? another month? another 7 months? another year? Trump's costly war with Iran will end whenever Trump Republicans find the courage to listen to the American people instead of the hysteria from the President. Republicans could have shown that courage last week by supporting our War Powers Resolution to stop the fighting in Iran and bring costs down. Instead, Senate Republicans chose to leave Americans waiting and voted for Trump's war to continue. Every American ought to ask these Senators whether appeasing the President is truly worth the cost of this horrible war. I yield the floor.

The ACTING PRESIDENT pro tempore

The Democratic whip.

Richard J. Durbin (D-IL)

Madam President, before I start my remarks this afternoon, I would like to make note of two interesting events this weekend. I was asked to speak at a dinner in St. Louis right across the river from my hometown of East St. Louis, and it was known as a Harry Truman dinner. And I told a story about the former President from Independence, MO; that when he returned from Washington in 1953 to his home State of Missouri, he and his wife moved back into their home in Independence, and he reported to the press that when they arrived, he took the "grips" up to the attic. For those who don't know the term "grips," it was the word that was used to describe luggage. So former President Harry Truman was reporting that he was back home again now, and his life would be much the same. He proceeded to also tell how he had turned down many opportunities for payment, salaries, fees, rewards that were available to former Presidents even in the early 1950s. And he said at the time that as far as he was concerned, although it was perfectly legal to do the things he was asked to do--to serve on boards, for example, or be chairman of various undertakings, or even to play the piano on television, and he was offered money for that--he just didn't think it was appropriate. In his words, it reflected poorly on the prestige and integrity of the Office of the President, the prestige and integrity of the Office of the President. Doesn't that sound quaint these days, when we have a President who, in his first year of his second Presidential term, made $1.4 billion from his investments, particularly with the cryptocurrency bunch? Think about that for a second. Here are this President and his family, who are making billions of dollars--if you include the family--from investments that directly relate to his office. The most recent one that was reported was just 2 weeks ago when Donald Trump, Jr., had his wedding reception on some island somewhere, and it leaked to the press that the entire festivity reception was paid for by a Russian oligarch who is close to Vladimir Putin. Surely, Senator Durbin, you are making this up. No, I am not. We are virtually at war with Putin and Russia for their invasion of Ukraine, and the son of the President of the United States gets married, goes to a private island for a lavish reception, and it is paid for by a Russian oligarch. That picture is so wrong from the start. As my colleague Senator John Curtis, Republican of Utah, said when he heard of this: You expect a toaster for a wedding gift; you don't expect a Russian oligarch to pay for the reception. But that is what happened. I might add, Senator Curtis--and I praise him for this--said: Why wouldn't the Senate Judiciary Committee be looking into this? I have the same question. I approached the chairman of the committee and other members of the committee and said: You know, if such a thing had happened with Hunter Biden, for goodness' sake, you would have had much more than a hearing; you would have had a subpoena and depositions and God knows what. But the fact of the matter is, there is scarcely a peep when Senator Curtis, a Republican Member of the Senate, made what is a perfectly reasonable suggestion--that Congress look into any possibility of corruption and self-dealing when a member of the President's family receives such a lavish gift from a Russian oligarch. I might add so that the record is clear that Senator Curtis said he wanted Hunter Biden, son of President Joe Biden, to also face the same questions as to whether he used his connection with his father to make any money or to receive any gifts during the Biden Presidency. What was the reaction of Hunter Biden? He said: "Bring it on." I have had two sworn depositions before Congress on the subject. I am happy and content with my answers, and I will do it again if necessary. And I will sit right next to Donald Trump, Jr. We can both testify under oath as to our personal experiences. That was Hunter Biden's response. What was Donald Trump, Jr.'s response? Crickets. Crickets. I wish I knew the Russian word for "crickets." Not a word. Nothing to suggest anything happened that was wrong. We know better. We know exactly what happened, what was wrong. I thought of the President one other time this week. I have a Ford F-150 truck--it is an older truck--in the driveway of my home in Springfield, and I took it into the gas station to fill up. I am sure that most Americans had the same feeling I had at that moment: For God's sake, what is happening to gasoline prices? I believe I paid $4.59 a gallon for the lowest octane gas for my old truck. But I can just imagine what families and individuals are facing as they go to the gasoline pumps every day and witness these dramatic increases in gasoline and energy prices under the Trump administration. Why is this the case? Well, it is the case because we are in the eighth month of the first year of President Trump's war in Iran. Do you remember when he came to the American people and said he was going to invade Iran? Of course you don't. He didn't do that. He just did that. He ignored the Constitution, which gives Congress the power to declare war, and went forward and invaded and attacked Iran. We have lost--I believe 18 is the last count of brave American service men and women who have died as a result of that conflict. There is no end in sight. Every day you fill up your gas tank, a trucker fills up their diesel tank, a farmer goes out in the field--and we are harvesting now in Illinois--and sees the cost of diesel fuel, every day, you remember this is a creation of the President of the United States for a war that was unnecessary, illegal, and didn't follow the Constitution at its outset. No end in sight. The President has reported over 40 times that we have Iran on the ropes, that they can't wait to negotiate a settlement, and it never happens. This is affecting U.S. families and businesses, but it is affecting countries all over the world, this unnecessary and illegal war, as far as I am concerned. Now more and more, Republican Members of Congress, who have not stood up in Washington to assert the responsibility and right of Congress to declare war, are going back home, campaigning for reelection, and saying they got it wrong; war is a mistake. Where have they been for 8 months while we have been having these votes on the floor as to whether Congress approves of the war of Iran? Democrats, but for one or two, consistently voted against this war. The Republicans now, in the closing days before the midterm election, have found religion on the subject. Madam President, on Friday night, the Trump administration announced the President has unilaterally rescinded nearly $1 billion in funds Congress had approved for spending on a bipartisan basis. This funding was meant for education programs, health research, assistance for businesses, immigration services, and support to other countries--particularly those we have an obligation to help. This move is an illegal power grab by the Trump administration, plain and simple. We have seen this movie before. Last year, President Trump canceled $4.9 billion in foreign aid with his so-called pocket rescission maneuver. Earlier in 2025, my Republican colleagues supported President Trump's rescission request that clawed back $9 billion in foreign aid and public broadcast funding. Rescission requests are made under a fast-track process in which a President can request Congress to rescind Federal funding with a simple majority vote in each Chamber. The law requires that if Congress does not pass a bill rescinding the funding within 45 days, the President must release it. However, President Trump--surprise--is attempting an unlawful maneuver called the pocket rescission. He is seeking to rescind funding less than 45 days before the end of the fiscal year, believing this provides him with power to cancel funding with or without the approval of Congress. Here is the surprise ending to this scenario: He will be challenged in court, as he has been again and again and again. Overwhelmingly, he has lost in court with his ideas of what the Constitution really means again and again. The Government Accountability Office has stated that the President's pocket rescissions are illegal. Democrats fought for pocket rescission protection in the continuing resolution we passed earlier this year to prevent the White House from doing exactly what they have done. Not surprisingly, Republicans in the Senate and the House refused to stand for the law for fear that they would anger their President. My colleagues on the other side of the aisle might express some concern now about the items that have been cut by the administration, but where were they this summer when they had a chance to fix it? For Donald Trump, billion-dollar ballrooms are full speed ahead. Money for schools? Cut. Vanity projects like the Trump golden arch are priorities, but medical research is cut. Taxpayer-funded political ads of the wartime President looking very resolute are a must. Medical care for children? Cut. Over the past 20 months, Republicans have continuously bent the knee, kissed the ring, and handed Donald Trump more power and authority on a silver platter. Now the question is whether they will finally find their collective backbone and do something about this illegal Executive maneuver. Madam President, tomorrow, the Senate Judiciary Committee is going to hear from Special Counsel Jack Smith. This is a historic event, and let me tell you why. Jack Smith is a nonpartisan career prosecutor appointed to investigate President Trump's efforts to overturn the 2020 election as well as his effort to illegally retain highly classified government documents. In 2020, President Trump spent months spreading the Big Lie that the 2020 election was stolen. I have heard this so many times, I can understand what was going on in the Soviet Union when the communists were in control. If they had an item in history that was embarrassing in the history of their country, they would simply change the history textbooks. Well, we have the same thing going on when it comes to the 2020 election. This President, who cannot bring himself to even consider the possibility--the possibility--that he lost an election, continues to hammer away at the Big Lie, but he lost by 7 million votes. Joe Biden won the 2020 election. This President has pressured State officials, his own Vice President, the Justice Department, and Members of Congress to overturn the results of the election. This culminated in the January 6 attack on the Capitol, where President Trump's supporters tried to violently prevent the constitutional certification of the 2020 election. I was here, right here at my desk when this happened, when the mob started coming into this Chamber, and we filed out that door with police protection to avoid this effort to overturn the 2020 election. These MAGA Trump loyalists were trying to defy the Constitution, and they haven't quit to this day. Instead of condemning this egregious criminal conduct on January 6, my Republican colleagues are spreading baseless conspiracy theories and attacking career prosecutors and FBI agents, claiming the so-called deep state is out to get Donald Trump--the deep state. Now, after years of criticism and multiple hearings about the investigations, Senate Judiciary Republicans are finally holding a hearing with Jack Smith, the special counsel who investigated these matters. You say to yourself: Well, he must have resisted, hired some lawyers, fought the Republicans, refused to appear, wouldn't stand and answer questions under oath. Exactly the opposite is true. Jack Smith asked the Republicans in Congress, who continually berate him for his conduct, for an opportunity to testify under oath to the committee, the Judiciary Committee.

He asked for that opportunity a year ago--October of 2025. They ignored it. At the time, Judiciary Committee Democrats--of which I am proud to say I am the ranking member--sent a letter urging the chairman of the Judiciary Committee to stop complaining about Jack Smith and bring him before the committee under oath. Stop making speeches and ask the man, who you believe to be responsible for wrongdoing, questions that he has to answer truthfully. He had agreed to do that a year ago. Yet they would rather give a speech than actually hear a man under oath defend his position. We made this request again in February of 2026. Well, soon, in just a few days, Jack Smith will appear under oath before the Judiciary Committee. The chairman had declined to bring him before, claiming they needed more time--more time--to gather information. Still, Republicans on the committee have made no effort to obtain a copy of volume 2 of Jack Smith's report, which details the findings from the criminal investigation into President Trump's alleged mishandling of classified materials. You remember the classified information that was found near the bathroom in Mar-a-Lago? I remember it. If this hearing is really about getting answers, we will finally get our chance--Jack Smith will get his chance to tell his side of the story under oath. Despite these impediments, I am glad my Republican colleagues will finally address these concerns directly. It is about time and, in fact, it is well past time for this committee, the Judiciary Committee, to move on and stop spreading political rumors and get down to the truth. I yield the floor.

The PRESIDING OFFICER (Mr. Armstrong)

Under the previous order, the time until 5:30 p.m. will be equally divided between proponents and opponents of the bill, with the opponent time under the control of the Senator from New Jersey. The Senator from Connecticut.

Christopher Murphy (D-CT)

Mr. President, the legislation that we're going to be voting on tonight is predicated on a simple idea, the idea that college sports is in crisis and that it requires a fairly extraordinary act of legislative intervention to address this crisis. I am speaking in opposition to this bill, and I think it is important to start by answering the question: Is college sports in crisis? Is it in chaos, as Senator Cruz is fond of saying? Well, the facts don't back up that characterization of college sports. I am a huge college sports fan. I watch a lot of college basketball, a little bit less but still a lot of college football, and I know that there are more people than ever showing up to these games and watching the games. The Big Ten just signed a $13 billion contract to broadcast its games. The revenue of the NCAA, broadly, is at an alltime high. The SEC and the Big Ten are both making over a billion dollars. Women's sports is growing--92,000 people recently filled the stadium to watch a women's volleyball match. Schools are adding, not subtracting, women's programs. In fact, more people are paying attention to college sports than ever before. College sports is growing both on the men's and the women's side. And so, what is this crisis? Well, the crisis, it appears to me, is pretty simple. Young athletes who perform a service that would be worth billions in the free market are finally getting what they lawfully deserve. A system of exploitation--an illegal system of exploitation--in which the colleges and their industry allies colluded to keep as much of the $13 billion that the college sports industry generates for themselves, that system started to crumble because courts--as high as the Supreme Court--came to the inevitable conclusion that that system of exploitation was illegal. Justice Kavanaugh, in a 9 to 0 decision, says the current NCAA model is "suppressing the pay of student athletes who collectively generate billions of dollars in revenues for colleges [each] year." Ruling 9 to 0, essentially, that that system was unlawful. And so this system of collusion by the colleges designed to keep the compensation of athletes as low as possible, it was ruled illegal is essentially what happened here. And the industry had two choices. They could either work out a new set of rules with the athletes. That is generally what has to happen if you want industry-wide rules that limit compensation, that limit that applicability of a free market. You have to negotiate with your employees--in this case the athletes--or you could come to Congress and get your illegal system deemed legal. And that is what we are essentially doing here today. We are taking a system that the Supreme Court said could not persist under our law, and we are changing the law to allow that illegal system to persist. How do we know that this bill is about solving that narrow crisis that I identified, that crisis of college athletes finally making money, and the adults in charge of the system not liking that the kids were making money? Well, the first way we know that is that the bill does really nothing to stop the runaway overall costs of college athletics, in particular, some of the biggest drivers of costs being facilities and the salaries of adults. Let us just take one example. And I see my friend from Louisiana is on the floor, currently. Just last week, LSU's president said the school's sports program is projected to carry a $26 million deficit, and the president said "We have got to stop that bleeding." A $26 million deficit. But LSU just agreed to pay their new coach Lane Kiffin $91 million over 7 years, along with other bonuses to him like 65 hours of private jet travel, temporary housing, courtesy vehicles. LSU also just paid a buyout of over $53 million to the coach they fired. In fact, last year, the buyouts for just three coaches at LSU totaled over $169 million, six times the annual operating deficit of the entire athletics program. So if you want to know what is driving the deficit at these big schools, it is not simply the amount of money they are paying the students. Those numbers are dwarfed by the amount of money that is going to coaches and the facilities. But yet, this bill constricts only--only caps--the money going to the players. It does nothing to cap the money going to the coaches. It does nothing to stop the continued billions of dollars going in to feed this facilities' arms race. Second, what about the antitrust exemption? Why is that in the bill? Well, certainly not to help athletes. This antitrust exemption will allow schools in some cases to continue their practices that compromise athlete safety because now they have a broad antitrust exemption to do that. Perhaps we will pass an amendment that will help with that later today. What it primarily is in the bill for is to allow the schools to be able to bargain collectively in order to get a better TV deal. If the schools don't have to worry about antitrust law, one of the things they can do is join together across conferences to bargain for additional TV revenue. And in this bill, only one-fifth of the revenue that comes in will have to be shared with the athletes. Whereas, in the professional leagues, about 50 percent of the revenue, including TV revenue, goes to the athletes. So, the antitrust exemption allows the schools to make a whole lot more money, and other provisions in the bill allow the schools to keep that money for themselves rather than share it in the same way that professional leagues might share it with the athletes. And then what about the transfer restrictions in the bill? Why do those only apply to players? I admit that the current system in which players can move from one school to the next every year is probably not in the best long-term interests of the sport. But if the goal is really to control costs, that provision would apply to coaches as well because one of the ways costs go up is that coaches can freely move after every season from one program to the other, bidding schools against each other. This bill says that a coach can't leave in the middle of the season, but that almost never happens. The reality is this bill only says players can only transfer once without penalty. It doesn't say anything about coaches. Now, as I said, I think that there are rules inside college athletics that don't make a lot of sense right now: unlimited transfers; the potential ability for pro players to come back to college. These agent fees look ridiculous to me. But you don't need a bill of this sweeping scope to address what are a set of minor but important practices in college athletics that have gotten out of control. We could have either passed a very narrow bill here to address the aging issue and the transfer issue, or we could have done what happens in most industries which is just say to the NCAA and to the colleges: Tough luck. Congress isn't going to come in here and micromanage your relationship with the athletes. If you want to work something out, sit down and talk to the athletes about it. If you want rules that apply across the industry, then do what every other industry does, which is have a dialogue with the workers. Now, whether you want to admit that the athletes are workers or not, the Supreme Court has basically ruled that they need to be treated as such for compensation purposes. And so we have two other options besides this sweeping bill that, in my belief, preserves this system of exploitation. We could have either passed a much more narrow bill that I think would have gotten even broader consensus here, would have had an easier time passing the House, or we could have just said: You know what? Congress doesn't want to get involved in litigating the details of the arrangement between players and coaches and schools. You guys work that out, just like we require every other industry to do this. I think in the end, this bill, if it passes and becomes law, is actually going to be a long-term threat to college athletics. And I will just end here. In the short run, I get it. It makes coaches' lives easier. They don't have to worry about players leaving if they are treated badly, if they are not compensated adequately. By Congress stepping in, dictating the terms with which students can play college athletics, it empowers coaches. But especially in football, where every single additional year you play, you are doing more damage to your brain, more damage to your ability to make money once you get into the pros, students are not dumb. They are not going to sit in college sports with a cap on their earnings and currently an inability to get to the pros until they have played 3 years of amateur athletics. They will find a way around college sports. That will be the primary impact of this artificial cap on compensation, this massive antitrust exemption for colleges. I think it may well, in the end, be the unwinding of college sports. The way to save college sports is to admit that these kids provide an incredibly valuable service, as the Supreme Court has judged as well, and they deserve to be fairly compensated. That, in the long run, would have been the best way to have made sure that we preserve college sports, which I agree with my colleagues is worth preserving. One of the most basic, fundamental American pastimes is the ability for us to come together, no matter our religion, our race, or our political affiliation, to root for our State's team. That binds us together as Americans. In the end, I think this bill--maybe not in the first few years but in the long run--will be a greater threat to the stability of college sports than doing nothing. I yield the floor.

The PRESIDING OFFICER

The Senator from Louisiana.

John Kennedy (R-LA)

Mr. President, I want to say a few words, first, about the Protect College Sports Act that Chris just talked about. I am not going to go into a lot of detail about the rules. Basically, it will set about--the bill, rather. Basically, it will establish one nationwide set of rules mainly pertaining to NIL payments--name, image, and likeness payments--for college athletes; the ability of an athlete to transfer between schools and the ability of an athlete to receive some of the money that athletics generate at that particular athlete's university. But if you look at this bill from 35,000 feet, what it really does is exempt colleges and universities and the NCAA from the antitrust laws. We are all subject to the antitrust laws. This bill would basically say that colleges and universities and the NCAA aren't. What does that mean? Well, let me give you an example. Let's suppose that all of the plumbing companies in my State that employ plumbers got together--that the owners of the plumbing companies got together, that they met this weekend--and said: We all employ plumbers, and the more we pay the plumbers whom we employ, the less profit we as the owners of the plumbing companies make. So let's all agree as owners of the plumbing companies to not pay our plumbers more than 25 bucks an hour. Well, that is illegal. It is price-fixing. It violates the antitrust laws. You know, if the owners of the plumbing companies did that, at a minimum, they would have to pay big fines, and they might get sent to prison and spend some quality time with Bubba. So that is illegal. The same principle would apply if colleges and universities and their athletic programs got together and agreed on what athletes could make on NIL and salaries and how many times they could transfer. This bill exempts the colleges and universities and the athletic programs from the antitrust laws. I mean, that is what it does, and it sets rules about what the colleges and the athletic programs have to pay in terms of NIL payments and salaries and the number of times they can transfer. Now, I love college sports--I watch them all the time--and we all want what is best for our teams. You may like what the bill does or you may dislike it, but what it does is give the NCAA and college sports teams and the universities an exemption from the antitrust laws. Now, who wins from this bill? Well, obviously, the universities and the colleges, OK? This is going to save them money. I will tell you who else wins, not that they need Congress' help: our college coaches. We have got four college coaches--football coaches--in America who are making $13 million a year, not over the life of their contracts--a year. They are good coaches, but they are pretty fat and happy--not fat physically, but they are happy. "Satisfied" would be a better word. This makes it easier for them to recruit. This also helps the colleges and the coaches in that they don't have to raise as much money from donors to pay athletes. Now, the proponents of this bill also say that it helps the athletes. I can see where it does in some respects, but I can see where it caps their earnings in other respects, OK? Maybe, in the long run, if it makes college sports healthy, it will be in the best interests of the athletes so I am not going to weigh in on that. You can read the bill or read the articles and decide for yourself whether it really helps the athletes or not. My friend Senator Murphy just gave a very eloquent talk about how it doesn't. But the point I am trying to make is, if we give the NCAA and we give the colleges and universities an exemption from the antitrust laws, it is going to cap the amount that these athletes can make. Let me assume, for a second that, in the long run, it is a positive for the athletes. So the athletes win. The coaches win. The colleges and the universities win. What is wrong with this picture? Who makes all this possible? The fans. They are the people who pay to go to the games--the fans--the ordinary Americans out there who have to make donations to the athletic programs in order to even have the privilege of buying the tickets. At some of our colleges and universities--I am thinking of college football--it is so popular that, in order to be eligible for the privilege of buying the tickets, you have to make as much as a $10,000 or $20,000 contribution to the university first.

So the fans are paying their fair share, but as best as I can tell, this bill doesn't do a damned thing for the fans. Colleges and universities, particularly since they will now have more money after being able to cap the amount that the athletes make, are saving money. You would think they would want to go cut the ticket prices to keep their fans happy, but the ticket prices go up, up, up. We are not doing anything for the fans. Now, I am not saying this is a bad bill. It is not a perfect bill, but I am not saying it is a bad bill. I am saying it could be made better. Republicans want to offer four amendments to try to make the bill better. My Democratic friends want to offer four amendments. I am not blaming anybody, but I think both sides--Democrats and Republicans--are going to be blocked from making amendments, from offering amendments, and that is not how this place is supposed to work. I am not blaming anybody. There has been a lot of negotiations going on, but it is a dadgum shame. We ought to let Senators be Senators. We ought to let Republicans offer amendments and Democrats offer amendments and Independents offer amendments to try to make this bill better. We shouldn't have to swallow this thing without offering our input, but I think that is how it is going to end up, and I am not happy about it. One of those amendments--you will not be surprised to learn--is mine, and if you give me the chance, I am going to offer an amendment to do something for the people who make all of this money possible for the universities. And the people who make it possible for college football coaches--I am not begrudging them--to make $13 million a year--did I mention some make $13 million a year? That is not over the life of their contracts. That is a year--are the fans. If I am given the chance--and it doesn't look like I am going to be able to--I am going to offer an amendment that says, in return for the antitrust exemption and capping the amount of money that colleges and universities and coaches have to pay their athletes, you can't raise ticket prices on the fans more than 4 percent a year. Let's do something for the fans, but I don't know if I am going to get that opportunity. I may offer it in a separate bill, but they probably won't let me bring it up, and I am going to just mention that. Mr. President, No. 2, we had the chance this week to lower prices for cargo ships, oil tankers, fishing vessels, lawnmowers, for people who own lawnmowers, for people who own chain saws, and so much more. And it is legal malpractice if we don't do it. What am I talking about? When the bureaucracy promulgates a rule--and the bureaucracy under President Biden promulgated several rules which raised prices on cargo ships, oil tankers, fishing vessels, lawnmowers, chain saws, and other things--their rules make the cost of these things go up. Now, do you know who paid that increased cost? It wasn't the cargo ship owners, et cetera, et cetera. You and I did. The people did--the people who buy the lawnmowers. I don't know who the people were in the Biden administration who came up with this idea, but this is the kind of stuff that causes inflation. I don't know who came up with it, so this isn't personal, but I will say whatever rock star in the Biden administration came up with these rules is like a rock, only dumber. Whatever rock star in the Biden administration came up with these rules to raise prices on the American people is living proof as to why it took our ancestors tens of thousands of years to learn how to stand upright. Whatever rock stars in the Biden administration came up with these rules to increase our prices are living proof that evolution is a slow, slow process. We have got the chance this week--through what we call CRAs--to get rid of these rules. If we don't act this week, the rules stay in place, and the American people pay more for lawnmowers and chain saws and fishing vessels and oil tankers and cargo ships, and I could go on. All we have to do is take a vote this week. There is a time limit--this week. Now, I don't control the floor of the U.S. Senate. If I did, we would be voting to get rid of these rules like a hobo on a ham sandwich, but I don't control the Senate. I am not putting anybody down, but all I am saying is, it is legal malpractice, legislative malpractice, if the U.S. Senate is not allowed this week to vote to kill these rules. All of us have been out there, talking about the cost of living and how we need to get it down. Well, here is a chance. All we have got to do is vote. We ought to stay here until we vote. No. 3, I just want to make this clear. We are going to look back 5 years from now and realize that what President Trump has done in Iran and what Israel has done in Iran has made the world immeasurably safer. And I know all about it. I know that it has caused gas prices to go up. I get it, and I am not happy about any of that. But what the President has done and Israel has done--and they had the courage to do it--has made the world safer--not just the Middle East, the entire world. Israel and America have gutted Iran like a fish. We didn't want to. It is not being reported by the press, but Iran today is immeasurably weaker. Iran today--both the public and the private sector--is a sucking chest wound. There are whole parts of Iran that look like something out of "Mad Max" 4. We have destroyed their air force; they have no air force. We have destroyed their navy; they have no navy, except they have got these little weenie boats left that they run around in in the strait. They have no navy. We have destroyed a lot of their missiles. We haven't been able to get all of them because they are hiding some of them in a cave. We have destroyed their weapons-producing facilities. I hate to see us have to do it to the Iranian people, but they have got 70 percent inflation. We are blockading everything going in and out. They can't sell their oil. Food is not getting in. Nothing is getting in because we are blockading it. We have increased sanctions. We just increased sanctions even more so that planes can't fly in and out of Iran. We have destroyed their nuclear weapons program. They have still got fissile material to make a nuclear warhead, but it is buried beneath the earth. Iran has no air defenses anymore. What does that mean? That means that we can send our bombers and fly anywhere we want to in our planes in Iran without worrying about being shot at--anywhere. Right now, Iran doesn't have a nuclear weapons program. What the President wants is for them to promise not to do it in the future. But right now, they don't have one. Do you know why? Because we ate them up and spit the bones on the floor. We had to do that. Our intelligence and Israeli intelligence will know within 5 minutes if Iran restarts its nuclear weapons program, and as soon as they do, because we have crushed them like a bug, we will know--and they have no air defenses--and we can go in and bomb their program all over again. I wish we didn't have to do all of this, but you can't let these whack jobs have a nuclear weapon. These people are like--I am sorry. I am not talking about the good people of Iran; I am talking about the leadership. They are like Son of Sam. They are like Charles Manson. They think they are on a mission from God, that God has told them to kill everybody who disagrees with their radical form of Islam--kill them all, including Americans, and drink our blood out of a boot. They can't have nuclear weapons, and thanks to President Trump, they don't and they won't. (Ms. LUMMIS assumed the Chair.) Now, I know the price of gas. I get it. It is painful as hell. And I know it has increased inflation, and we are working to get it down. I know a lot of my colleagues--they have the right to their opinion--have accused the President of everything except abandoning his children to wolves in terms of Iran. President Trump has made the world immeasurably safer--not just the Middle East--immeasurably safer because he is the first President in our lifetime, along with Israel, to say: Iran, we have had enough of your BS. We have gutted them like a fish, and I am proud of what American did--didn't want to do it, but I am very, very proud of it. Madam President, my work here is done. I can show myself out. If you like what you have heard today, I hope you will tell--what I have said today, if you like what I have said today, I hope you will tell your friends. If you don't like what I said today, I hope you will keep it to yourself. With that, I yield to my good friend Senator Coons.

The PRESIDING OFFICER

The Senator from Delaware.

Christopher A. Coons (D-DE)

Madam President, I rise today to speak about the Protect College Sports Act as one of the 10 cosponsors of this bill. A question I asked myself when I first got involved in this issue, now some time ago, was, since I didn't play college sports myself: What would I want if my child or the child of a good friend of mine were playing college sports? What would I hope for for them in terms of protections--protection from people pretending to be agents showing up at the home of a family with a really capable, really promising young athlete but who have no experience in negotiations? What would I want in terms of protection from agents? What about their ability to continue their college education if they get recruited to a promising school as a promising athlete but three games into the season, they tear their ACL? What about the opportunity to play an Olympic sport or play DII or DIII? What about future care for a lifelong injury? All of those and more are protected in this bill. One of the things that brought me to supporting this bill was the rough-hewn bipartisan compromise, which is the essence of what legislating here is, that provides a 10-year guarantee to finish out the scholarship that drew a young athlete to a school regardless of changing a major or leaving for a few years or having an injury; wraparound healthcare for the 5 years they are playing and for 5 years after playing for any injury related to college sports; and then lifetime medical trusts; and then last, registration, certification, and transparency for agents and a cap on the rate they can charge. This bill makes all of those protections real. In some ways, most importantly, it enshrined in statute revenue sharing and NIL compensation--name, image, and likeness compensation--for college athletes. It more than doubles money currently available for athletic programs to share with student-athletes, and it has a $5 million fund for women's and Olympic sports. As I have said, there are a number of protections for college athletes on the field. One that hasn't been mentioned much here is return-to-play decisions that, when made, have to be made by a medical professional whose responsibility is to the athlete--not by the coach, not by the athletic director. All the things I just cited--the scholarship protection, the healthcare protection, the return-to-play decision, the transparency and certification of agents--there are new Federal private rights of action, the ability to sue. If these aren't provided, if colleges make these promises and don't keep them, you can sue as a college athlete. This bill does not solve the question of collective bargaining. I support collective bargaining. I think we should have collective bargaining to protect the rights of college athletes. This bill is silent on that question. It also explicitly protects a majority of current lawsuits that have been filed and that will continue to go forward. In a few moments, it is my hope that we will lock in a whole series of amendment votes, and one of the amendments would make perfectly clear the protections that are already in this bill for allowing future lawsuits--lawsuits based on State tort claims that don't conflict with this bill, for things like hazing or abuse or CTE injury. If you just happen to be the best wrestler or the best fencer or the best rower in a small town in a rural part of America and you are looking to get a scholarship for college and an agent pitches up on your doorstep and makes a story to you, this bill protects you. In my view, this is an example of what bipartisan compromise can produce. I just wanted to say I am grateful to Senators Cruz and Cantwell for their extensive discussions with stakeholders. This is not a dream Republican or Democratic bill, but it will protect the dreams of more than half a million young American athletes across our country. That is why it is supported by the U.S. Olympic Committee, by Olympians, by those who became Olympians playing college sports, the Team USA Athletes' Commission. It is supported by the players unions that are professional--the National Basketball Players Association, the NFL Players Association--and by the DI, DII, and DIII NCAA Student-Athlete Advisory Committee chairs. It is my hope that we will soon vote on an amendment offered by my colleagues Senators Durbin and Baldwin that will clarify the intention of this bill, that will make it clear that State law claims don't conflict with this bill and survive and that student-athletes can sue schools, conferences, and the NCAA for misconduct. At the end of the day, when we gather as families later this fall at Thanksgiving, I don't know about your family, but mine will avoid painful and difficult conversations about political differences, religious differences, or even who likes which stuffing, but we will gather to watch college sports. At the end of the day, the chaos that has been caused by transfers, by eligibility, by uncertainty about the future, and by the destruction of conferences will be lessened by this bill. There is, for all of us who are fans of college athletics, a moment and an urgency to act, and this bill, this bipartisan bill, deserves passage in this body today. I yield the floor.

The PRESIDING OFFICER

The Senator from Missouri.

Eric Schmitt (R-MO)

Madam President, I rise today to speak about the future of college sports and the legislation before us to protect it. The Protect College Sports Act is built around a simple idea: athletes should be able to benefit from their talent, they should be protected from people who want to take advantage of them, and every school and every athlete should play by the same set of rules. NIL revenue sharing and the transfer portal are here to stay. We are not turning back the clock; and whether you loved or hated the old system, we shouldn't try. The problem is that college sports entered this new era without a stable framework to govern it. One court issues an order, one State passes a law, one conference adopts a rule, another court blocks it. Before athletes, coaches, and schools can adjust, the rules change all over again. This is the contradiction facing college athletics today. The product is booming, but the model is breaking. Stadiums are packed, television audiences are strong, and billions of dollars are moving through the system; but behind the scenes, athletes and schools are trying to operate under a patchwork of State laws, court rulings, and conflicting standards. The Protect College Sports Act replaces that uncertainty with one national framework. An athlete in Missouri should have the same basic rights and protections as an athlete in California, Florida, or anywhere else in this country. A school should not gain an advantage simply because its State legislature passed a different NIL law. And a national competition should not be governed by 50 different rule books--that does not work in practice. This bill establishes clear national rules for NIL transfers, eligibility, recruiting, and revenue sharing. It gives the governing body targeted authority to enforce those rules because rules only matter if someone can actually enforce them. Just as important, athletes can keep making money. Let's be clear: this bill does not end NIL. It protects an athlete's right to earn money from his or her name, image, and likeness in Federal law for the first time. Athletes can still sign legitimate endorsement deals, work with local businesses and national brands, or hire an agent or an attorney. And schools can continue sharing substantial revenue directly with their student-athletes. What the bill does is put protections around that marketplace--a marketplace that already exists. Recently Kedrick Green, a football player at Howard, shared his story about having the right guardrails around earning NIL compensation and how stability helps an athlete compete and grow. Our bill fixes that by requiring agents to register, caps endorsement commissions, requires written contracts, and gives athletes redress for grievances against bad actors. There are instances right now where some of these shady agents will charge 30 or 40 percent of a deal--maybe even earnings for the lifetime of the student-athlete, even if they never go pro. That is not taking power away from athletes. That is giving them protections they simply do not have right now. The bill also restores basic structure to transfers and eligibility. Every athlete is guaranteed one transfer without losing eligibility. And the bill also recognizes that life happens. If a head coach leaves or if a sport is eliminated, that athlete can transfer again without sitting out. But unlimited free agency every semester is not sustainable. An athlete can suit up for your favorite team in the fall and be playing for a rival in the spring. And don't get me wrong, players deserve the freedom. If you are a backup somewhere, you should have a chance to go somewhere else. But they deserve stability also to build relationships, earn a degree, develop as athletes, and become part of a team. Lance Holtzclaw, a football player at Utah said it best. He said:

Text printed in the Record (160 characters)

I believe strongly in preserving these opportunities for future generations while continuing to improve a system that serves the student-athletes at its center.

Eric Schmitt (R-MO)

Our bill strikes that balance. It also establishes a clear 5-year eligibility clock with reasonable exceptions. College sports should be played by college athletes. Madam President, 27-year olds who go pro and come back to compete against 17-year-olds is a joke, and that is completely acceptable right now under the current nonframework that we have. This should not be controversial. The bill also draws a clear line between legitimate NIL and buying a roster under the table. Real endorsement deals remain protected, but schools, boosters, and associated entities cannot disguise recruiting payments as marketing deals or use side arrangements to blow through the revenue-sharing cap. That is one of the chief criticisms right now under the House settlement that this bill actually builds upon from $21.5 million to almost $50 million a year per school every year, is at that $21.5 million number. That is not real. There are football rosters out there that are worth $40 million or $50 million, so let's get this thing under one legitimate framework. The bill creates a retention fund so schools can reward athletes who have already invested a full season in their program. It cannot be used to buy high school recruits. It cannot be used to lure first-time transfers. It rewards the athlete who played, stayed, developed, and became a leader in that locker room. Take Jaden Rashada promised $14 million by Florida. The deal eventually was canceled, the money was never delivered, and the Gator Collective behind it disappeared. The student-athlete was made a promise, then was left high and dry. That athlete's experience is the human cost of a system without any guardrails. Real empowerment means more than telling a teenager he is free to sign a contract. It means the contract is in writing, the agent is registered, the athlete knows what the agent can charge, and there is somewhere to turn when someone lies. Tradition is interwoven into the DNA of college sports. It is a uniquely American thing. This thing that we get to enjoy right now on a Saturday afternoon when the Florida Gators come to Missouri this Saturday--and I will be there--is unlike anything that exists anywhere. In Columbia, Mizzou football games, you can hear "Mr. Brightside" playing, bringing all 70,000 Tiger fans to their feet and singing the infamous chorus in a nod to those over in Kansas. In Iowa City after the first quarter at Kinnick Stadium, Hawkeye fans turn and wave to the children who are battling illness on the 12th floor at the Iowa Children's Hospital as a powerful symbol of community. Pittsburg State in Kansas has the gorilla walk through thousands of fans that are lining the path of the stadium to cheer on the football team, which is a big Division II power--at least was--entering to the song "Welcome to the Jungle." College sports are not only special because 100,000 people fill these SEC stadiums. They are special because hundreds of campuses have traditions that could not be replicated anywhere else. That is what makes college sports different. People do not fill stadiums simply to watch uniforms. Those uniforms represent a school, a State, a family tradition, and a community. And the opportunities created by college sports extend far beyond the stars that we see on Saturday afternoon or during March Madness or during the college baseball World Series. They reach swimmers, wrestlers, gymnasts, track athletes, softball, and volleyball players, first-generation students, and future Olympians. If the current arms race continues without limits and without new revenue, those opportunities will be the first to go. Clemson track and field athlete Ella Brooks said it best: It has afforded her opportunities she never would have imagined--including the ability to come to DC and help advocate for this bill that directly affects her and her younger brother and sister, who dreamed of playing at the collegiate level. College sports needs to be able to sustain itself or else future athletes like her younger siblings will not be afforded the same opportunities that she has received. That is what this bill does. That is the purpose of all of this, is to establish rules. It also gives schools an opportunity to generate more revenue. This is a provision that actually isn't talked about a lot, but if we are interested in growing the pie to save women's sports and Olympic sports, there ought to be an opportunity to maximize the value when the conferences go to rights holders and negotiate TV deals. Today, college media rights are fragmented. Conferences negotiate separately at different times and under different agreements. Meanwhile, schools are being asked to do more to preserve the Olympic and nonrevenue sports that create opportunities for thousands of young men and women--500,000 student-athletes in this country. Our first answer cannot always be higher ticket prices, another donor check, or cutting another sport. The Sports Broadcasting Act in title II of this gives schools another option. It allows conferences and schools to voluntarily--only if they choose to do so--to voluntarily pool their media rights and negotiate a larger package. Nobody is forced to participate in this. We will see. If we get this thing done, we will see how this plays out, but at least the option exists. Congress does not decide what the games are worth, the NCAA does not take control of anyone's media rights, and existing contracts are protected in this bill. We are simply giving schools another tool to capture the full value of the product millions of Americans already love. Instead of always finding new ways to spend more, let's give schools a way to grow the pie. Before I close, I want to address a few claims about the bill. Some say it gives the NCAA a blank check. It does not. Congress sets the guardrails and provides targeted legal protection only in the areas where national rules are necessary. The NCAA does not receive unlimited immunity. Some say the bill takes NIL rights away from athletes. The opposite is true. It protects the right to earn NIL compensation in Federal law, while stopping pay-for-play disguised as NIL and recruiting inducements dressed up as marketing. Some say the transfer provisions trap athletes at a school. They do not. Every athlete receives the ability to transfer without losing eligibility, plus additional protections for coaching change, graduate study, a discontinued sport, or athlete safety. That is a reasonable balance between player freedom and the stability every team sport needs. Those who want the broken system to continue claim this hinders college sports growth. The bill preserves title IX and protects scholarship and roster opportunities in nonrevenue sports. Doing nothing is not protecting these student-athletes. I would also point out that for the first time in Federal law, healthcare is guaranteed to athletes not only when they are in school, but when they are out of school. Players who are injured cannot lose their scholarship because of an injury. These are things that if you would have talked about back when I was playing or even 10 years ago, would have been sort of unthinkable, and we are protecting them. And some say Congress should simply stay out of college sports. Well, I understand that instinct. You would not have seen me giving this speech on the Senate floor 3 years ago when I got here. I would have been very, very skeptical of that. But the way this has played out, with, like I said, 27-year-olds competing with 17-year-olds, unlimited transfers, the agents--who are, by the way, the most vocal opponents of this bill, the ones wearing Gucci suits and alligator shoes. Not all of them, but some of them take advantage of these student-athletes. They don't like it because right now, they get 30 to 40 percent on a contract. By the way, they just tell the kid: Transfer every year. They may end up in a worse situation. They most certainly probably don't end up with a college degree. But, hey, you churned it; you got your cut. But the way it has played out, the only entity literally on planet Earth that can grant the limited antitrust protection status for the NCAA to enforce rules is Congress. It is time for this place to meet a moment. One of the biggest criticisms that we have here is that we don't really do anything that addresses the concerns that people have. And if you don't think people talk about this back home, I don't know who you are talking to because the people I talk to, they care. They might have some different data point that they see, but they know this thing is screwed up, and they would like to know that Republicans and Democrats could actually agree on something here to fix a problem that is so obvious. Or do we play the safe political games. Look, we can do the "Thunderdome" thing. We do it all the time on other stuff. But this is a chance, with a huge bipartisan margin in the U.S. Senate, to send a bill out of this Chamber, over to the House--that the President supports--that can become law. That would be a significant accomplishment for a uniquely American institution, as I said--college sports. Congress should not call plays--as much as some of my colleagues might like to call an offensive coordinator from time to time--or run an athletic department, but only Congress can establish that national framework that applies across State lines and survives the constant cycle of litigation. You will hear complaints about this legislation, how it doesn't do this or that. Well, welcome to Congress. It is not a perfect bill. I have filed perfect bills. I have a lot of perfect bills that I have filed. Rarely do you vote on a perfect bill because what you are trying to do is discover the art of the possible, which is what we are doing here and what is before this Chamber now. They say that if you have opposition from both sides, you probably have a good bill. I don't know. We have really worked hard to address the concerns of many--almost everyone--for the issues they have identified here. That is part of legislating. And what we have here is a bill to protect and save a cherished American institution. If Congress does nothing, if we abdicate our responsibility on this issue, as we have on so many, the college athletes will not be the ones who come out on top. It will be the lawyers, the agents, consultants, the middlemen profiting from disorder. And all of us fans will pay the price too. The status quo no longer works. The Protect College Sports Act creates one national standard. It protects an athlete's right to earn. It protects athletes from exploitation. It restores clear rules. And through the Sports Broadcasting Act, it gives schools the chance to generate the revenue necessary to preserve scholarships and other opportunities. We can compensate athletes without abandoning what makes college sports unique. We can give players freedom without accepting chaos. And we can preserve college sports for the next generation. Congress should act. Here is our moment. The clock is ticking. Game on. I yield the floor.

The PRESIDING OFFICER

The Senator from New Jersey.

Madam President, I am so grateful to be recognized. It is amazing how for more than 14 years in this place, I was trying to get Congress to step in to do something to help athletes, but the answer was no, no, no. But suddenly, when college athletes start winning cases in court against a $20 billion gravy train that has been benefiting everybody but college athletes, suddenly there seems to be this race to pass a bill to allegedly protect college athletes. But really, we know who this bill is protecting. The Senate is on the verge--it really could happen tonight--of passing a bill that could reshape college sports for generations to come. It is a bill that was written without input from college athletes themselves, whose lives will be directly affected. It violates a simple rule: nothing about us without us. Well, this is a bill, going forward, where college athletes and the organizations that represent them have not had a seat at the table. It is a bill that was actually shaped by millions of dollars in lobbying from the NCAA and other powerful interests that control that industry. And at its core, it is a bill that undermines the rights of young people who pour their blood, sweat, tears, countless hours of work, and more into their craft. Their voices should have shaped this debate. We should have listened to their wisdom before voting today, before rushing to this vote as the last thing we do before a long recess. Plain and simple, athletes produce this wealth, produce these opportunities, create this industry, and they should have been at the table, but they weren't given that chance. So, today, I am going to do my best to elevate the concerns of college athletes, the concerns that over this last decade they have shared with me, concerns that I have learned myself because I love college sports. In an increasingly divided country, college sports is one of the few things that actually bring us together. There is something special about college sports, and U.S. college sports--heck, there is something uniquely American about them. I was lucky enough to be a part of that. I played Division I football at Stanford. I know firsthand what athletes sacrifice. I know what the system too often denies them in return. That is why I have spent my entire Senate career fighting for justice for college athletes. This is not a new issue for me. Back in 2014, I said to the then-president of the NCAA when he testified before Congress--very bluntly, I told him:

Text printed in the Record (387 characters)

[I]t is exploitation when you have an athlete working 60 to 70 hours a week but [yet still] not . . . able to afford the basic necessities. If [an athlete is] going into their own pocket after giving up their knees . . . to make millions of dollars for the university and [those universities aren't] even compensating them appropriately, that . . . is exploitation of a college athlete.

That was me back in 2014 to the then-head of the NCAA. Twelve years later, athletes have won important new rights through their own tireless advocacy at State legislatures, in courts, but now what do we see? We see that the NCAA's desire for control has not subsided. In fact, it has grown. The NCAA has spent years now pursuing a legislative strategy here in Congress to cement their control over athletes, to put it into Federal law that they alone have the power and the control over those athletes. With this bill we are about to do--should it be passed in the House and signed by the President--it is a bill for the control and power of the NCAA and member institutions. It is not about athletes, who are winning their rights, winning court cases, gaining leverage, and now are having that taken away from them. It is important to understand just how big of a business this is. This is why we see commercials during games we are watching, millions of dollars of lobbyists--because this is a $20 billion industry. Today, more than 40 college football coaches make more than $5 million a year. In most States, it is the highest paid State employee. In 2025 alone, 15 fired coaches secured buyouts worth nearly a quarter of a billion dollars. That is $250 million paid to coaches not to coach. You hear people running around here lobbying, saying: Oh, we have a financial crisis in college sports. Nobody is trying to deal with that issue. And now we see the TV deals growing bigger and bigger and bigger. The SEC has a deal worth about $3 billion over 10 years. The Big Ten's deal is worth $7 billion over 7 years. The wealth and money are growing. That is why the lobbyists and millionaires were down here lobbying. This is big business, folks. It has been big business for years. What has changed is that the athletes were finally beginning to be able to have the fight for the share in the value that they create. They have developed over recent years more power and more leverage, and that is a scary thing for the NCAA. I want to be honest about one point--about who creates a disproportionate amount of that value. That is actually Black athletes. They have an outsize role in building college sports into the economic powerhouse it is because they are overrepresented in the revenue-driving sports. Think about this: In men's basketball, Black Americans are 44 percent of the players. In football, it is 40 percent of the players. They are overrepresented in these powerful, money-generating sports. For decades, these athletes were shut out from sharing in the value they created, the billions of dollars of revenue they created. They were shut out of it. So this is not just a college sports issue; it is an economic justice issue and a civil rights issue. Any effort to limit athletes' ability to earn will fall especially hard on Black athletes and many athletes of different backgrounds, and that is why the voices of athletes are so critical. That is why the diverse voices of athletes are so critical and why civil rights leaders have been condemning this bill. Listen to Congresswoman Yvette Clarke, who is the chair of the Congressional Black Caucus. She said:

Text printed in the Record (381 characters)

Black athletes have transformed college athletics into one of the most successful enterprises in America. Yet the people most affected by this legislation have not been meaningfully included in shaping it. No legislation that disproportionately affects Black athletes should move through Congress without meaningful participation from the communities it will most directly affect.

Or listen to Derrick Johnson, the President of the NAACP. President Johnson said:

Text printed in the Record (295 characters)

The so-called Protect College Sports Act does little to actually protect the student athletes who make this multibillion-dollar industry possible. Instead, it shields powerful institutions from accountability while asking Black athletes to surrender their rights, their leverage and their voice.

So now, just as athletes all across America are finally starting to share in the value they are creating, they are starting to finally get voices that are recognized by courts and State legislatures, we are told that Congress must immediately step in, 30-plus days from an election, to save college sports. But who are we saving it from, and what are we saving it for? The answer to those questions is actually in the text of the bill, to know what this is really about. Let me walk through some of my specific concerns that point to the hypocrisy here. First, this bill would make it harder for athletes to sign NIL deals. Section 101 relates to athletes' NIL rights, but it is important to remember athletes already have NIL rights. They fought for them. They earned them. They won them in court and State legislatures. What this section actually does is add new layers of review, redtape, bureaucracy, and uncertainty between athletes and the opportunities before them. Second, this bill limits athletes' ability to seek justice in court. Section 118 gives the NCAA sweeping immunity from antitrust liability--a sweeping immunity we scarcely have ever given any other industry. For decades, the NCAA used its market power to restrict athletes' rights, and then it lost in court again and again. It is so exceedingly rare for Congress to grant exemptions from the Nation's antitrust laws, and it is rarer still for Congress to do so for an organization with the NCAA's track record of antitrust violations. The NCAA has violated antitrust laws and the trust of college athletes over and over again, and yet they are the big winners here. This bill would permanently shield the NCAA from the kind of liability in these key areas--a permanent shield. They don't have to come back to Congress in 10 years, 15 years, 25 years; it is permanent. This means less accountability for the NCAA and fewer tools for athletes to challenge the NCAA's abuses of power when they have an incredible track record of abusing their power. Third, this bill puts the burden of enforcement on athletes. Think about this: Section 119 of the bill creates a private right of action for athletes. It is the sole enforcement mechanism in this bill. There is no role for States' attorneys general, no role for the Federal Trade Commission, no role for anyone. The sole enforcement mechanism is on the student-athletes themselves to somehow sue powerful, powerful entities. A young athlete whose rights are violated would have to enforce their own rights. So let's play this out for a second. Put yourself in the position of one of these young athletes, teenager. Say you are 18 years old. You are new on campus. You have worked your entire life to find this opportunity. Maybe you are from a low-income community. You might not come from a lot of money, but you realized your dream to play ball at a collegiate level. And in a few weeks, something terrible happens. Your coach has violated your rights in some way. Maybe they demanded you play through a serious injury, leading to permanent injury. Maybe they sexually harassed you. Maybe they kept you on a practice field in 110-degree heat with 90 percent humidity without a water break. This 18-year-old knows something is wrong. They know their rights are being violated, but under this bill, they would be on their own to seek justice. They would have to file a lawsuit against their coach, the person who controls their playing time, their roster slot; the person who controls their future. Can you imagine that ever happening? Well, it rarely would. It is fundamentally unfair to put all of this on the college athlete and for this body to hand over permanent antitrust exemptions and give no enforcement mechanism than to trust the institution that has been violating athletes' rights for decades. We are basically telling teenagers and young people in sports: You need to come up with the time, the money, the lawyers to challenge the person who has violated your rights, the same person who happens to control your destiny. It is not a serious way to make sure this bill is properly enforced. Congress puts independent groups together or assigns it to oversight committees like the FTC to enforce rules all over this country. Why not now? Fourth, this bill undermines States' ability to protect college athletes' rights. Section 121 preempts certain State-level laws related to civil rights, privacy, and data breaches. That means, if an athlete's civil rights are violated, if their health records are leaked online, or their personal information is somehow misused by their conference or the university, the athlete will have fewer legal protections and fewer options available for them to seek justice. How can we have a nation that is basically saying: We are not just going to put the NCAA in charge of your lives, but we are going to take away your ability to seek legal redress? Fifth, this bill offers only temporary protections for women's and Olympic sports while permanent antitrust exemptions for the NCAA. The sponsors of this bill say it will protect women's and Olympic sports, but section 125 has a sunset. The protections expire in 4 to 9 years, depending on the size of the program. The NCAA's antitrust exemption is permanent. The protections for women's and Olympic sports are only temporary. And athletes are noticing. Listen to Caitlin VanderKlok, a cross-country athlete at the University of Tennessee. She says: Commercials are claiming that the Protect College Sports Act will protect women and Olympic sport athletes like me. But simply mentioning women's and Olympic sports in a bill does not mean those athletes are actually protected, she writes. Even where protections apply, they expire, and athletes are not given a right under this bill to go to court and enforce them. If we are going to tell athletes that this bill protects their opportunities, we should also tell them the facts. Well, Caitlin, you are right. People are lying to you. People in this body that say it protects women's and Olympic sports are lying to you by not telling you the whole truth; that those protections expire. Listen to Meghann Burke, executive director of the National Women's Soccer League Players Association. She says: There is a profound contradiction at the center of this legislation: the claim that the Protect College Sports Act protects women in sports. In reality, the bill risks undermining the promise of title IX. Schools should not be able to evade their title IX obligations simply by calling revenue-sharing payments compensation rather than athletic benefits. At a time when college athletes are beginning to exercise their collective power, we should not be putting new barriers in their path toward collective bargaining. Listen to college athletes. Listen to the people that represent college athletes. Listen to the people that represent athletes who have come out of college sports and are now playing in the pros. But this is a bill not about college athletes; this is a bill about wealthy people, wealthy coaches, wealthy institutions, and an NCAA that has enjoyed unbridled power for decades as we watched discrimination, hardships, injustice. And finally--finally--athletes started getting some power in the equation. And this body--after my trying for 10 to 15 years to get them to step in and help college athletes, this body rushes in to suddenly say: We are protecting college athletes. Well, that is not true. So, look, I know how things work here. I have offered some ways to try to improve this bill. I and colleagues Murphy and Blumenthal and others offered a series of amendments built on a simple principle: If we are going to impose rules on athletes, we should apply the same rules to coaches. Take compensation, this bill caps what schools can share directly with athletes. So we offered an amendment to cap what schools can pay coaches to $5 million a year. That is still very good money. This amendment is not going to get a vote on the floor today. Take endorsement deals, the bill subjects athletes' NIL deals to fair-market value review, a valid business purpose standard, approval, and disclosure. So we offered an amendment to require that same process for coaches' deals, for their endorsement deals. Well, we are not going to be voting on that amendment because it is not about the athletes, it is not about fairness; it is enforcing hypocrisy. Let's take transfers, which I have heard already some of my colleagues talk about on the floor. This bill allows an athlete to transfer one time. If they transfer again, they have to sit out a year. Well, reasonable people could disagree on that policy, but if you are going to restrict athletes' ability to move between schools, the same rules should apply to coaches. We offered an amendment to make that happen. It was not accepted. Imagine you are that athlete, promised by coaches everything, and that coach gets to leave and go to as many schools as they want, but you are stuck. Let's take the buyouts. Do you remember the 15 fired coaches and their buyouts being worth--this last year--a quarter of a billion dollars? We offered an amendment to simply cap future buyouts at 1-year's salary. This would protect schools across the country from being forced to plunge millions of dollars into college coaches who are not even coaching. It would give them the opportunity to not have to pay these exorbitant prices when they could be investing in things to improve education of all kids. Well, that amendment is not going to get a vote today. Common sense. Take women's Olympic sports. I offered a simple amendment to strike the sunset provision and make those provisions permanent just like the NCAA's antitrust exemption. Hey, you are going to give permanent protection to the wealthy and the powerful, then protect women's sports and Olympic sports where our Olympic athletes come out of pocket all their lives, trying to get into the Olympics to represent the United States of America. If this is about patriotism, if this is about our Nation, then protect Olympic sports. Don't let that provision expire. Well, that is not going to get a vote today. The hypocrisy in this bill, the refusal to accept amendments exposes that hypocrisy. And, finally, this is the most insulting part of the bill. Take HBCUs, the sponsors have been putting people on TV to talk about how this does so much for HBCUs. They point to an authorization of funding, but an authorization guarantees nothing, not a single penny. Senators Warnock, Alsobrooks, Blunt Rochester, Murphy, and I offered a simple amendment: turn that authorization into an appropriation. If you are going to parade Black people in your millions of dollars' worth of ads, saying you are giving money to HBCUs, maybe the text of this bill should actually give money to HBCUs. Let's deliver on that promise today. Let's actually cut a check to historically Black colleges and universities. But no, no. This bill says we should deal with a promise, an intention, and this amendment is not going to be voted on. I am not alone in my concerns about this bill. There are so many people in this Nation--who stand up for the underdog, who stand up for the little guy and the little gal, who represent athletes or fight for equal rights--that object to this bill. I want to bring the concerns of more of those people into this Chamber and make sure it is a part of the official Record. Listen to a group of athletes who survived sexual assault and parents who lost children during college sports activities. They wrote a powerful letter pleading with Senators. Here is an excerpt of their letter: These are not abstract policy concerns to us.

We know firsthand the consequences when institutions are allowed to police themselves, when reports of abuse or dangerous practices remain inside the institution, and when victims are left without meaningful accountability after harm is done. They continue: Universities, conferences, and other powerful college sports' interests have had extensive opportunities to make their case as this legislation has developed. Before Congress grants sweeping new protections to the college sports system, we ask that you hear directly from those of us who have experienced the consequences when that system fails athletes. Is anybody listening? Have we had them at the hearings? Have their voices been taken into account? Listen to some of our labor leaders, listen to the AFL-CIO as they write: The Protect College Sports Act is not a compromise between competing interests but a legislative effort that preserves institutional control at a time when courts, lawmakers, and the public are increasingly questioning the fairness of the existing model. The bill gained its current momentum not when athletes' interests were satisfied but when the richest intercollegiate conferences in the country voted to endorse the bill. That should tell you everything you need to know about who this bill protects. Listen to former senior Justice Department officials, including a former principal Deputy Assistant Attorney General, a former Acting Associate Attorney General, and a former Acting Assistant Attorney General for the Antitrust Division. Listen to what they write:

Text printed in the Record (414 characters)

The Protect College Sports Act includes a broad antitrust exemption that would immunize the NCAA from any Federal or State enforcement for weaponizing its enormous power over college athletes to cap pay, limit eligibility and transfers, or otherwise impose burdens or restrictions on players. This would constitute the most sweeping antitrust exemption granted by Congress since the McCarran-Ferguson Act of 1945.

Not since 1945 have we seen what Congress is about to do today. These former attorneys general continue:

Text printed in the Record (334 characters)

Traditionally, antitrust immunity is granted only when the parties agree to rules through a collective bargaining process--and only for so long as a bargaining relationship is in place--or when rules are conditioned on state or federal regulatory oversight. However, neither protection is included in the [Protect College Sports Act].

In other words, there is no oversight from the Federal Government. The only hope athletes have is to sue. The letter continues:

Text printed in the Record (182 characters)

As currently conceived, this is not a bill that protects college sports. It is a bill that protects the NCAA's ability to abuse its power over college athletes. A vote for the PCSA--

They write--

Text printed in the Record (140 characters)

is a vote against college athletes. It tells them their rights are trivial when a billion-dollar entity like the NCAA starts making demands.

And listen to the athletes' own organizations. Here is athletes.org:

Text printed in the Record (205 characters)

The [Protect College Sports Act] protects schools, not athletes. It rolls back athletes' hard-earned rights while protecting the financial interests of the NCAA, its member conferences, universities, and--

I add "well-paid"--

Text printed in the Record (163 characters)

coaches. Worse, many of its proposed solutions fail to address the problems they claim to solve, risking even more confusion and instability across college sports.

The PRESIDING OFFICER (Ms. Ernst)

The Senator's time is expired.

I request unanimous consent for 5 more minutes to conclude my remarks.

The PRESIDING OFFICER

The Senator from Washington.

Reserving the right to object, can we modify that and ask for an additional 20 minutes so the Senator from Texas and I can also be heard?

The PRESIDING OFFICER

Does the Senator so modify his request?

Absolutely.

The PRESIDING OFFICER

Without objection, it is so ordered.

Here is the National College Players Association:

Text printed in the Record (132 characters)

This bill is clearly not ready for a vote. Congress should stop rushing it and fully vet the problems before asking members to vote.

I could go on with all of the compelling, painful letters that have been written. This is the wrong focus for Congress 30 days before midterm elections. There is one more question we should be asking about before we take this vote: Is this really what we should be spending our time on? Our country faces real challenges. Gas is at $5. Diesel costs are at a record high. We are at war abroad. Healthcare expenses are skyrocketing. And the U.S. Senate is spending precious time on the floor rewriting the rules of college sports while athletes, athletes groups, survivors of sexual assault, labor, and civil rights leaders are all begging Congress to slow down and listen to their voices. What does this say about our priorities? It is also worth noting that many of my Senators are supporting this bill. They like to preach the gospel of small government. They talk about the love of free markets and small government; the importance of freedom and America's right to pursue the opportunities that are best for them. But there seems to be a major exception to that kind of philosophy when it comes to young people who are disproportionately Black. There seems to be this high-and-mighty rhetoric about freedom and free markets when it comes to every other area of our economy but not this $20 billion industry. Under this Federal bill, the Federal Government will decide how many schools can join an athletic conference, when certain games can be played, and how much revenue athletes can receive from their own schools. This is a massive amount of market intervention. Where else does the Federal Government step in to limit what people can earn while allowing the institutions that control the market to pay their executives anything they want? There is not one single industry. My playing days are long over--that is obvious--but I think about athletes that are playing today and former athletes who have been calling me about their pain, about their suffering, about their reaching in their own pockets to pay for medical costs, who see that this bill's medical pool is inadequate to the rising costs of CTE and more. I am thinking hard about athletes who are going to come after them who are joining this institution of NCAA with such a long history of exploitation and violating people's rights. Young people who work 40, 50 hours, dedicate themselves to their craft; young people who literally put their bodies on the line; young people whose talent generates billions of dollars for others--they deserve a voice in the decisions that are determining their future. They deserve a system that does more to protect their rights than saying: It is all on you. Sue if you want to. Sue your coach. They deserve to know that when they stand up and demand a fairer system, when they win in the courts and State legislatures, this body won't betray them by pulling the rug out from underneath them. They deserve leaders in this body who will stand with the athletes first. We may lose this vote today, but athletes know how to come back from a loss. They know how to get back up and go to work. They know how to keep fighting for what they believe is right. I am going to keep fighting alongside these athletes. I am going to keep fighting against an institution called the NCAA that has violated their rights all throughout my lifetime. I urge my colleagues to oppose this bill. I urge my colleagues to stand up for justice. I urge my colleagues not to race to get a bill done right before an election. I urge my colleagues to hold hearings and actually listen to survivors of sexual assault, parents of dead college athletes, to the kids who have serious, debilitating injuries right now and are paying their own medical bills. I beg my colleagues not to do this. It is wrong. The next Congress would give us time. The next Congress would give us a chance. But, no, billionaires and millionaires and lobbyists and funding has poured into this place, and suddenly, right before we leave, the last thing we are doing is a bill that is going to hurt so many. I regret this day. I regret watching my colleagues do this. But the fight continues. I yield the floor.

The PRESIDING OFFICER

The Senator from Texas.

Madam President, the Senate will soon pass landmark legislation to protect college sports. When any legislation, particularly landmark legislation, is enacted into law, there can be debate over that law's implementation. This isn't surprising. As the Senate prepares to potentially send the PCSA to the House of Representatives, I want to take a few moments to briefly explain the reasoning and intent behind some select, key provisions of the PCSA. I believe this will be useful not only for my colleagues here today, but for the PCSA's implementation. Section 118 of the PCSA provides specific, targeted, and narrow antitrust protection for intercollegiate athletic associations, such as the NCAA, conferences, institutions, and the designated enforcement entity within the House settlement--the College Sports Commission. Although these entities are composed of schools--or conferences--who have chosen voluntarily to adhere to certain rules as a condition of membership, these rules cannot be enforced due to constant litigation and rules set by "court order." Section 118 intends to end this by providing antitrust liability when entities act, including through use of their own rules or bylaws, to enforce or comply with specified sections of the PCSA. The intended antitrust protection is comprehensive for all antitrust suits, including State statutory or common laws governing antitrust, trade regulation, trade restraints, and unfair methods of competition. The PCSA intends to stop the current instability and close any further avenues for litigants to use antitrust claims to undermine the requirements and standards specified in the PCSA. The PCSA intends the revenue share cap adopted in the House settlement to be a "hard cap" without any "loopholes." It is no secret that institutions currently take advantage of a gray area in the settlement that allows them to directly use, contract with, or maintain any a relationship, even an indirect one, with an "associated entity." Today, an associated entity, which is oftentimes a collective, booster, a multimedia rights company--MMR--redirects compensation to student athletes that would have otherwise gone to the athletic department. By funneling these arrangements through an "associated entity," an institution can spend money or recruit in a way that would otherwise exceed or circumvent the House settlement's revenue share limits. The PCSA intends to clarify this ambiguity and ensure an even playing field. We further considered the ongoing debate in the courts around whether MMRs or collectives should constitute associated entities. There has yet to be case, and likely never will be one, when an MMR is anything but an "associated entity." The PCSA adopts the settlement's definition of "associated entity" and also expressly states that collectives are "associated entities." As introduced, the PCSA included text to clarify that an entity was "associated" if they "acted for the benefit of, in coordination with, or at the direction of the institution." This was discussed within the College Sports Commission's guidance and practice, but we ended up removing that phrase from the definition to ensure consistent definitions for ease of compliance. That decision should not be construed as affirming that an entity that acts in this manner should not be considered "associated." We instead decided that this CSC guidance and practice was upheld by the Special Master and subsequently by a Federal court. We understood the existing CSC guidance and practice to inform the application of the term "associated entity" and that deals involving MMRs, corporate sponsors, or any third party will be scrutinized to ensure there is no effort to elude being considered an associated entity. In fact, we have added legally-enforceable certification requirements by schools, vendors, and MMRs, when applicable, to uphold the cap and prevent circumvention. The PCSA recognizes, protects, and codifies portions of the House settlement, particularly with respect to the revenue share cap. But there are several provisions--specifically in section 114--where we have chosen a different Federal requirement than in the settlement. For example, in section 114, the PCSA:

Text printed in the Record (357 characters)

1. Counts associated entity compensation towards the rev share cap, 2. Creates a retention fund that allows schools to exceed the rev share cap with certain requirements, 3. Requires MMR and other certain corporate sponsors to provide certifications, 4. Requires all NIL deals--including third party deals--to be subject to a valid business purpose test.

We do not want the PCSA to terminate the House settlement. We fully expect that the settlement will remain in effect. We instead chose to enact Federal requirements to govern when the PCSA establishes a different requirement than what is in the settlement. Thus, the PCSA assumes the continuation of the settlement--even providing antitrust protections for its ongoing implementation--while providing Federal requirements that governs when there are conflicting provisions within the settlement. To stop an institution's "redirection" of funds to a student athlete, the PCSA imposes additional requirements on all NIL agreements involving an institution's multimedia rights holder or certain entities with which the institution has a commercial relationship. In such deals, the institution and third-party entity must each sign a certification attesting that the institution was not involved in sourcing, negotiating, or paying for the NIL agreement. Any applicable deal subject to this section that fails to comply with these certification requirements violates Federal law. These certification requirements are supplemental to all other provisions of the PCSA. In other words, even if the certifications are provided, there still must be an independent determination--likely by the College Sports Commission--if the deal involves an associated entity and an evaluation of the proposed deal. Such certification may be relevant to the College Sports Commission's determination of whether the entity is associated, but is not dispositive of the question. The certification is intended to supplement and aid the College Sports Commission's review process, as well as ensure compliance with the PCSA. Section 118(d) of the PCSA allows an intercollegiate athletic association or conference to designate an entity under its control within the House settlement, for which it won't be unlawful under the antitrust laws, to enforce or comply with section 114. The College Sports Commission has been designated as the enforcement entity under the settlement and any rulemaking, guidance, investigative or enforcement action, or penalty issued by the College Sports Commission for purposes of section 114 is intended to be protected from liability under the antitrust laws. Section 119(e) is intended to preserve the arbitration framework created by the settlement. Any dispute a student athlete, institution, or associated entity or individual may have regarding any CSC determination must be arbitrated consistent with the terms of the settlement. Section 121(a) preempts any law, regulation, rule, requirement, or standard that conflicts with the PCSA, including the established arbitration framework. With some exceptions, section 123 prohibits the PCSA from applying to an action or proceeding commenced prior to the enactment of the PCSA. The purpose of this section is to preserve most "pending" active legal cases that were commenced prior to enactment of the PCSA. There are three notable statutory exceptions: First, section 123(a) says the PCSA shall apply to pending cases dealing with sports gambling or wagering matters. Second, section 123(b)(2) specifies a "pending case" cannot allow a student athlete eligibility to compete or participate on a D1 or D2 sports team for more than 5 total years. We do not want the PCSA's eligibility provisions to be undermined by court orders that directly conflict with the implementation of the PCSA's eligibility provisions. Third, section 123(b)(2) does not permit a "pending case" to undermine the revenue share cap. The PCSA's modifications to the House settlement, as well as the implementation of the broader settlement framework contemplated in this bill, are critical to its success at stabilizing college sports and ending the legal chaos. We do not want to provide any avenue for judicial decisions to prohibit enforcement of the revenue share cap or prohibit modifications to the settlement when the PCSA governs a specific requirement. This exception intends to prevent that type of conclusion to be drawn by a court because it would defeat a critical purpose for why Congress passed the PCSA. I would like to briefly discuss how the PCSA's eligibility standards relate to the PCSA's preemption in section 121. Section 113 specifies eligibility standards for individuals to participate in NCAA D1 or D2 college athletics. Per section 118, if the NCAA, conferences, or institutions enforce or comply with these provisions, they will receive antitrust immunity. Section 113 species five eligibility standards:

Text printed in the Record (290 characters)

You have to be a student athlete. You have to meet academic standards. You cannot be a professional athlete. You have to comply with established rules that restrict eligibility for violating Federal or State law. You can only play for 5 years maximum and cannot play past the age of 24.

The NCAA, conferences, and institutions are free to place additional eligibility restrictions not specified in the PCSA, but those restrictions will not receive Federal antitrust protections unless otherwise permitted. Establishing such additional eligibility restrictions is also not a violation of section 113. Similarly, States may impose additional eligibility requirements not expressly prohibited by section 121. The PCSA has two types of preemption:

Text printed in the Record (260 characters)

1. "Conflict Preemption"--A State law cannot "conflict with any provision of this title that would prevent compliance with this title"; and 2. "Field Preemption"--related to NIL compensation matters, transfer, and subsections (a)(1)-(3) or (b) of section 113.

Those specified eligibility categories are: No. 1, you have to be a student athlete; No. 2, you can't be a professional athlete; No. 3, you have to meet academic standards; and No. 4, you have to abide by the age restrictions and maximum number of years to play. We made a deliberate drafting choice to only have "field preemption" for subsections (a)(1)-(3) or (b) to ensure that States can legislate on eligibility matters not covered in the PCSA, provided that those laws also don't "conflict" with the PCSA. We intend that State laws that prohibit men from competing in women's sports are clearly not preempted by section 121 because they neither conflict with the PCSA nor do they relate to those matters specified in subsection (a)(1)-(3) or (b) of section 113. The PCSA does not contain any express waiver of any sovereign immunity rights of a public institution, nor is it intended to contain any express or implied waiver of the sovereign immunity rights of a public institution. Title II amends the Sports Broadcasting Act to allow for a "covered" entity to pool media rights and not be subject to antitrust liability. In order to receive this protection, the entity must meet the membership requirements specified in the bill and other requirements expressly outlined in the text. A conference or institution's decisions to join or participate in this pooled media entity is completely voluntary and optional. We have made clear that they cannot be held liable for a decision not to join the entity nor can they be forced to join or participate in the entity. Moreover, this title makes clear that it does impact any existing contracts. Madam President, today, the Senate has the opportunity to protect more than half a million college student-athletes and the millions more who will follow in their footsteps. The era of NIL is here, and it is not going away. Yet the system we have today is unsustainable, plain and simple. Students are transferring three and four times. Pros are trying to play ball against college kids. Conflicting court decisions have created a fragmented system--one that no one intended. Young men and women are losing opportunities to compete and receive an education. The question before this body is whether we will act or stand by while the institution that Americans have known and loved for generations--college sports--is fundamentally changed. Will we protect the future of women's sports, of Olympic sports, of nonrevenue sports, or allow college athletics to be consumed by uncontrollable bidding wars that force schools to cut programs simply because they don't generate headlines or massive television contracts? The answer to this question should be simple: We must act, and we must act now. We must pass the bipartisan Protect College Sports Act. This bill puts an end to the chaos plaguing college athletics. It protects NIL opportunities because student-athletes deserve the opportunity to benefit from their talent without being taken advantage of by unscrupulous agents and backdoor deals. It creates clear, enforceable rules for eligibility and transfers. It protects our traditions and rivalries. It prevents the most powerful and wealthy conferences from breaking away to form a superleague. But most importantly, it protects our student-athletes. It ensures that the men's volleyball player has a team to come back to next year. It ensures that a first-generation student who excels in track and field has the opportunity to receive an education. It ensures that when American athletes compete on the Olympic stage, it is the United States and not China and not Russia bringing home the gold. It preserves the traditions passed down from one generation to the next--the second graders learning to cheer for the Aggies, just as their parents and grandparents did before them, with the hope that when they get to college, the program they grew up loving will still be there. This bill is about protecting what makes college sports uniquely American. The Protect College Sports Act has an amazing coalition of support. It has the support of 32 conferences--every single major conference--as well as more than 380 schools and also historically Black colleges across all 50 States and Washington, DC. It has the support of the NFL, the NBA, Major League Baseball, the National Hockey League, the U.S. Olympic and Paralympic Committee, and more than 500,000 student-athletes across the country. Don't take my word for it; take their word for it. They are the ones on the frontlines directly impacted by the chaos unfolding. This bill isn't perfect. No bill ever is. What this bill reflects is a compromise--tough conversations and Republicans and Democrats sitting across the table from one another, working through disagreements, and producing legislation that can actually get across the finish line. I want to take a moment to express my sincere gratitude to my staff and to the staff of Ranking Member Cantwell who have devoted thousands of hours to working on this bill. From Ranking Member Cantwell's committee and personal office staff, I would like to thank Lila Helms, Melissa Porter, Nicole Frazer, Phil Murphy, Ramesh Nagarajan, Erik Eykel, Kate Sprague, Ciara O'Donoghue, Josie Lang, Tricia Enright, Rob Blumenthal, Seth Kolloen, Elizabeth Cuttner, Amit Ronen, Ansley Lacitis, Lauren Bazel, and Shannon Smith. I would also like to thank from my team Brad Grantz, Joel Wellum, Blair Taylor, Robert Smith, Mike Spierto, Ryan Cannon, Bethany Holden, Rachel Cusnir, Christina Herrera, Dan Huguenin, and Nicole Christus from the Commerce Committee and John Etue, Preston Howey, Omri Ceren, Macarena Martinez, and Chavonne Ludick from my personal office. This team is extraordinary, and I cannot thank them all enough for their incredibly hard work day in and day out. I would also like to extend my deepest thanks to my staff director on the committee, Brad Grantz, and to my policy director for consumer protection, Joel Wellum. Brad and Joel both joined the committee when I became ranking member and began working on this issue right away. They have been dedicated for the past 3 years to resolving the chaos that is college sports. I also want to thank their wives Katie and Stephanie for enduring the many hours away from the family so they can pass this landmark legislation. In the course of this bill, I have used more than a few football analogies, so I am going to switch it up tonight. Picture March Madness. A Cinderella team that few thought would make it past the opening round is facing the No. 1 seed. The clock is winding down. The underdog is down by 2 points with 1 second left. The ball goes up. A 3-pointer. The buzzer sounds. The crowd erupts. That Cinderella story is what the Protect College Sports Act is trying to preserve. It is about protecting the underdog and ensuring that each and every team has the opportunity to develop and compete and maybe even make it to the Final Four next season, but those stories only happen if those teams still exist. So I urge my colleagues: Let's show the American people that bipartisanship still exists. Let's show them that Republicans and Democrats can still come together to solve a problem facing this country. Let's protect millions of student-athletes. Let's protect the traditions. Let's protect the future of college sports. Let's pass the Protect College Sports Act, and let's get a big bipartisan vote in this body to show that the Senate can still make a difference in America. I yield the floor.

The PRESIDING OFFICER

The Senator from Washington.

Madam President, I know the floor has been busy this afternoon with people discussing the Protect College Sports Act, and I want to thank all my colleagues for participating in a debate. That is what this institution is supposed to be about. It is supposed to be about an amendment process, and it is supposed to be about a product that comes out of committee, and it is supposed to be about our colleagues showing up. So I want to thank my colleagues, particularly Senator Booker and Senator Murphy, who came to the floor to express their views on this bill. I want to thank both of them. You know, I certainly agree with Senator Murphy on his long-standing effort to think about collective bargaining in college sports. He has been very outspoken on that for many years. And I want to thank Senator Booker for working with me for many, many years on this issue, and that doesn't mean that he still doesn't have reservations, but it means that he is committed to this issue writ large. But we do see a different conclusion here tonight. And I want to thank my colleagues for passing a bill out of committee and now getting it to this threshold because, unlike my colleagues' comments before, there are several things in this bill that are really important to enshrine into Federal law at this time. First and foremost, the Federal right to NIL and making sure that it is not State laws that have been quite onerous on athletes--that is, laws that say if you conflict with your university, your university wins and if you conflict with other issues, you don't get NIL. So creating a Federal standard is very important. But compensation on revenue sharing is probably the most important thing we could possibly enshrine in Federal law today. This is saying, for the first time, that an athlete gets a percentage of the media rights, the ticket sales, and the sponsorship. That has not been said before in a court case decision. It was agreed to in a settlement agreement--in a settlement agreement called Grant House v. NCAA. Now, that settlement agreement has had its ups and downs, and I hope it prevails, but I know this: We can put into Federal law that enshrinement so that the Senate is clear. My colleagues have said: Why do this now? Well, because there was a difference of opinion, and even Justice Brett Kavanaugh, in the decision of NCAA v. Alston by the Supreme Court, said: Yes, I think athletes deserve a recognition of revenue, but Congress could step in and change that. And my colleagues may know that the House of Representatives did try to change that. The House of Representatives did try to pass a bill that said: No, they don't deserve revenue sharing. They don't deserve revenue sharing. That is the bill the House came very close to passing. And so tonight, we are taking a monumental step that I agree that maybe not all 100 people agree on, but I think the majority of our colleagues agree on these two principles that the Supreme Court also has spoken to, but that we are now putting in a Federal law because, as Brett Kavanaugh said, Congress could change its mind. Congress could do something differently. But tonight, we are speaking. We believe in these two things. We also believe in a health and safety standard in Federal law, one that protects the athletes beyond the way the law works today and gives them the right to sue and hold these people accountable for any kind of health and safety violations. This is something that my colleagues Senator Blumenthal and Senator Booker and I and others worked on diligently, and we want to continue to make sure it is enshrined in this statute. And then medical coverage for 5 years post-eligibility and capping agents' fees at 5 percent. So my colleagues have said: Why do this? Why do this now? Well, that is because 94 percent of the DI--that is the biggest division of athletes; there are three divisions, and then other associations--94 percent of those DI programs are in the red. So that is a pretty big issue. And the reason why it is so frustrating is there are four schools just in the State of Virginia that are putting exorbitant tuition fees on their students just to pay for college education. There are people that are cutting science programs, cutting professors, cutting other programs just to pay for college sports when, in reality, we need all those to beat China and compete--and not have an arms race in sports. So right now, the median debt for schools in the Big Four conferences--their median debt is $120 million. What are they doing? Now, I know everybody would like to blame it on coaches, and I guarantee you there are a few coaches that need to get called out. But the main reason for this is not because we are paying athletes. It is not because we have all agreed that they deserve to have part of this revenue. This number exists because there are no sound rules that prohibit an arms race from taking place and people who are billionaires and millionaires putting any amount of money into their school program. And our bill fixes that and creates rules across the board for everyone to follow, so that we don't have this exorbitant arms race. Now, I will be the first to admit there is more to do on stadiums. There is more to do on other aspects of spending college sports. But we need to pass a bill tonight because we need to stop stealing money out of college and university institutions for education, for tuition, for professors, and putting it into an arms race on sports. It is time to make sports about playing sports again and not about the money. So this bill stops the cuts to women's and Olympic sports. Why? Because who is paying the bill right now? The No. 1 person paying the bill is a hundred programs and a thousand women and Olympic athletes because they don't make money, so the easiest way to save money in an institution is to cut them right now. And so we are trying to stop that. Our legislation says, yes, we are willing to give the college teams an antitrust exemption to pool their media rights and make more money, but only if they protect women's and Olympic sports. And just to be clear because there is a little misunderstanding about this: You don't get to have the antitrust exemption and then later cut these programs. You only get the antitrust exemption if you keep the women's and Olympic sports. If you don't do a pooling of media rights, we also have a provision for the next several years that makes people keep their women's and Olympic roster slots--so very important aspect of the bill. There is this big complaint about the amount of money going to coaches, and I welcome any discussion about how to fix this issue. And I want to thank my colleague Senator Lujan for the brilliant amendment that he offered in committee because, basically, it says you can only pay a coach--with fees from the education system--$500,000 a year and if you want to pay them any more than that, you have to go get somebody in the private sector to go pay that. So we are not going to be held hostage, as taxpayers, to these coaches' salaries. And in addition, we make it a requirement that you cannot transfer in the middle of the year. Now, a lot of people have said: Well, what are you going to do about the HBCU infrastructure because they are part of Division I football? You know, the SEC and others came along and said: Oh, just kick them out of Division I. We are like: No, that is a really bad idea. We are not going to push them out of Division I football. We are going to grow their capabilities in communication because, just like other people, they want their games seen, they want their broadcast, they want their broadband, but they don't have it. So this bill includes a $900 million authorization to help upgrade the schools that have been most impacted without the communications capabilities. A lot of my colleagues would say: Well, where is that student athlete support? I am very excited about a commission that we create in this bill to hear more from student athletes. But student athletes and their committees--and these are all the letters from student athletes from various conferences across the United States. Madam President, I ask unanimous consent that those letters be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: June 15, 2026. Dear Chairman Cruz and Ranking Member Cantwell: As chair of the American Conference Student-Athlete Advocacy Committee (SAAC), I am writing to express our support for the Protect College Sports Act of 2026. Recent legal, regulatory, and economic changes have created significant uncertainty for student-athletes, institutions, and conferences, and a national framework is needed to ensure that college athletics continues to serve current and future generations of students. We support the Protect College Sports Act for the following reasons: 1. Student-athletes deserve clear and consistent national rules. The current patchwork of state laws and court decisions has created inconsistency across state lines and within conference affiliation. Student-athletes should not face different rights, obligations, or opportunities simply because they compete in different states. A uniform federal framework would provide greater transparency and consistency for everyone involved. 2. College athletics must prioritize educational opportunities and the health and safety of student-athletes. Student-athletes benefit from scholarships, academic support services, medical care, nutrition programs, mental health resources, tutoring, career-development programs, and other benefits provided through intercollegiate athletics. Federal legislation should preserve and strengthen these educational benefits to ensure future generations continue to have access to higher education opportunities and careers that may only be accessible to them by participating in college athletics. 3. Student-athletes should have opportunities to benefit from their name, image, and likeness (NIL) while ensuring fairness and transparency. NIL opportunities have provided meaningful benefits for many student-athletes. However, the absence of consistent national standards has created uncertainty and inconsistent enforcement. Reasonable disclosure requirements, transparent rules, and safeguards against exploitation such as agent registration can help ensure that NIL opportunities remain available while protecting student-athletes from predatory practices. 4. Congress should protect broad-based participation opportunities. The strength of college athletics lies in the thousands of opportunities available across men's and women's sports. Student-athletes in Olympic sports, emerging sports, and non-revenue sports deserve the same opportunity to compete, earn degrees, and represent their institutions. Federal legislation should help preserve these opportunities and prevent unintended consequences that could reduce participation or eliminate programs. We appreciate your bipartisan efforts to protect student-athletes, and we urge lawmakers to continue this important work that expand opportunity, promote fairness and transparency, and support long-term stability. Thank you for your leadership and consideration of these important issues. Sincerely, Joy Graziano, Chair, Student-Athlete Advocacy Committee, American Conference. ____ Statement of Support from the American Rivers Conference Student Athlete Advisory Committee (SAAC)

Text printed in the Record (11,959 characters)

Dear Senator Grassley, My name is Carson Strukel, and I am a men's cross country and track and field student athlete at Coe College, representing the student-athletes of the American Rivers Conference at the Division III level. As a student-athlete who competes across two sports in the American Rivers Conference (A-R-C), I want to express my strong support for the Protect College Sports Act (PCSA) of 2026. I believe this legislation is essential to protect the integrity of collegiate athletics across every sport. This legislation addresses key areas that impact student-athletes' day-to-day experiences, including NIL, eligibility, transfers, injuries, representation, safety, and academics. Each of these areas is incredibly important to address to ensure the preservation of the integrity of collegiate athletics across all sports. The PCSA allows for protections over student-athlete privileges in each of these areas, which I am confident is imperative for the optimization of the student-athlete experrence in years to come. Although I am disappointed in the PCSA's neutral stance on the question of student-athlete employment status, I understand that this is a complicated issue that must be further discussed. Despite the lack of protection over the non-employment status of student-athletes, the PCSA still provides an excellent framework for academic standards, eligibility, and transfer regulations. The PCSA establishes a proper baseline to apply these standards, leveling the playing field with consistent and fair expectations for college athletics across all NCAA divisions. As a current Division III student-athlete, knowing that future student-athletes will be protected from unfair competition while having room for more opportunities to enhance their collegiate experience is beyond exciting. Competition is not the only aspect of a student-athlete's college experience and protecting that versatility is essential for the development of young professionals in all aspects of life. The PCSA lays a framework that will allow student-athletes to succeed not only during their eligibility, but also after their time in the NCAA concludes. I formally endorse the Protect College Sports Act as a crucial step toward giving the NCAA additional stability to continue creating opportunities for athletes like myself. I welcome the chance to further engage with you and your staff on issues affecting the student-athlete experience. Thank you for your time and dedication to improving college athletics. As the representative of the American Rivers Conference SAAC, Carson Strukel Coe College Athletics, Men's Cross Country, Men's Track and Field. DIII National SAAC A-R-C Representative, Coe College SAAC President. ____ Statement of Support From the Conference of New England Student-Athlete Advisory Committee Dear Senator Markey: My name is Davis Bone, and I am a former ice hockey student-athlete at Johnson & Wales University. I serve as the Conference of New England Student-Athlete Advisory Committee (SAAC) Representative, elected to represent the voices of thousands of Division III student-athletes across our eleven member institutions. Our conference spans institutions in Connecticut, Rhode Island, Massachusetts, and Maine, giving me the privilege of representing student-athletes from across the region. I am grateful for the bipartisan efforts of Senators Cantwell and Cruz in advancing the Protect College Sports Act (PCSA) and for their continued engagement with student-athletes on issues impacting college athletics. Student-athletes need lawmakers to step up and ensure thoughtful, effective policies that reflect their experiences and support the long-term success of college sports. I appreciate the steps this legislation takes to address current challenges and strengthen the college athletics model. On behalf of the conference, we strongly support the bill's protections for student-athletes of all divisions, including transfer rights and NIL opportunities, with safeguards for coaching changes, sports discontinuation, graduate transfers, and cases involving sexual assault or harassment. We also support NIL provisions such as agent registration, a national registry, transparency measures, and fee limits, which help protect student-athletes from exploitation. In addition, we strongly support a standardized national NIL framework paired with targeted antitrust protections to reduce legal uncertainty and allow student-athletes, institutions, conferences, and practitioners to develop and enforce consistent, durable rules without constant litigation risk. As the Senate refines the legislation, we encourage preserving governance pathways for recently graduated student-athletes serving in high-level leadership, allowing for sport-specific transfer windows, and strengthening protections for women's and Olympic sports. We also believe the bill can be strengthened to further provide the stability it seeks by closing loopholes so states can't make laws to skirt enforcement for violating rules and ensure the bill applies to the especially disruptive current and pending lawsuits, not just future ones. While the legislation remains neutral on student-athlete employment status, this issue will continue to shape the future of college athletics. Student-athletes across all divisions consistently express a desire to preserve the educational model that makes college sports a unique opportunity for academic, athletic, and leadership development. As these conversations continue, we encourage policymakers to prioritize broad-based participation opportunities and the long-term sustainability of the collegiate athletics model. I appreciate your continued engagement with student-athletes on legislation impacting college athletics. Representing thousands of student-athletes, I remain committed to partnering in these discussions and sharing their perspectives. I look forward to continued collaboration to ensure college athletics prioritizes opportunity, education, competition, and student-athlete well-being. Thank you for your consideration and for your dedication to the future of college sports and public service. Sincerely, Conference of New England Representative, DIII National Student-Athlete Advisory Committee. ____ Statement of Support From the Rocky Mountain Athletic Conference (RMAC) Student-Athlete Advisory Committee (SAAC) Dear Esteemed Members of the United States Senate: My name is Sean Belzer and I am a men's soccer player at the University of Colorado in Colorado Springs representing the Rocky Mountain Athletic Conference (RMAC) Student-Athlete Advisory Committee. I write on behalf of thousands of Division II student-athletes across Colorado, New Mexico, Nebraska, South Dakota, and Utah to express our strong support for the Protect College Sports Act (PCSA) of 2026. Division II athletics represents a unique and essential part of higher education. Unlike many Division I institutions, we do not compete for multimillion-dollar television contracts and any other of high-profile revenue opportunities. Rather, we focus on having a deep connection within our local community. It means so much more to be a part of an environment where we can represent our institutions, serve our communities, and earn a valuable education. Our student-athletes often balance rigorous academics with athletics, campus leadership, employment, internships, and community service. The Division II philosophy emphasizes this concept of `life in the balance'. The Protect College Sports Act provides that stability and balance. By establishing a consistent framework for name, image, and likeness (NIL), transfer regulations, eligibility standards, and student-athlete protections- it creates a level playing field for institutions across every NCAA division. The bill also preserves important academic standards while providing protections for student-athletes in areas such as health and safety, scholarship security, degree completion, and governance representation. While much of the national conversation surrounding college athletics focuses on Division I, it is important to recognize that Division II is challenged in a different regard. Most RMAC institutions operate with fewer financial resources, smaller athletic budgets, and a stronger emphasis on educational opportunity than commercial athletics. The intentions behind legislation designed for Division I, often overlook the unique experiences and needs of Division II institutions. The PCSA acknowledges these differences by protecting the educational model that has long defined Division II while allowing student-athletes to benefit from modem opportunities in a fair and sustainable manner. This legislation is particularly meaningful for the states represented within the RMAC. A large majority of our student athletes stay in the noted states upon graduation--becoming teachers, healthcare professionals, coaches, business leaders, military members, and public servants. Having a strong Division II athletic program can contribute directly to local economies, strengthen communities, and expand access for thousands of students across the Rocky Mountain region. Supporting Division II athletics means investing in the workforce, leadership, and communities that help our states thrive. We also appreciate that the Protect College Sports Act remains focused on protecting student-athletes. In Division II, the primary objective is to earn a degree while competing at the highest level. The bill's provisions on NIL transparency, agent accountability, academic protections, healthcare benefits, governance reform, and competitive fairness all support that goal. It ensures that student-athletes are supported not only during their playing careers but long after graduation. As representatives of the Rocky Mountain Athletic Conference Student-Athlete Advisory Committee, we urge you to support the Protect College Sports Act. This legislation represents a meaningful step toward creating a stable future for college athletics while preserving the values that make Division II unique. We appreciate your continued commitment to listening to the voices of student-athletes and look forward to working with you to ensure college athletics are protected! If you have any questions or would like to hear more about our experiences as Division II student-athletes, please reach out. Thank you for your time, and consideration. Sincerely, Sean Belzer, UCCS Men's Soccer, RMAC National SAAC Representative. ____ August 4, 2026. Dear Chairman Cruz, Ranking Member Cantwell, Senator Schmidtt and Senator Coons: Established in 1987, the Thurgood Marshall College Fund (TMCF) is the nation's largest organization exclusively representing the Black college community, TMCF rueluber schools include publicly supported historically Black colleges and universities (HBCUs), predominantly Black institutions (PBIs) and historically Black community colleges (HBCCs). Our member institutions represent 80% of all students attending HBCUs, Notably, 22 of the 23 HBCUs playing Division I sports are represented by TMCF. I am writing to join the commissioners of the Southwestern Athletic Conference (SWAC) and the Mid-Eastern Athletic Conference (MEAC) in support of the bipartisan Protect College Sports Act. We are pleased that this bill will now authorizes $900 million to enhance broadband capabilities at HBCUs; however, the inclusion of this provision only highlights the need for Congress to pass the bipartisan IGNITE HBCU Excellence Act to address the comprehensive deferred maintenance and infrastructure needs on our campuses. HBCU athletics, along with the traditions and pageantry that accompany them, are vital parts of the HBCU experience. From the festivities of homecoming to the sounds of the marching bands, many traditions associated with HBCUs are directly linked to athletic competition.

Text printed in the Record (11,299 characters)

Increasingly, however, a patchwork of state laws and the rapidly rising costs of compliance have placed an undue burden on the schools with the fewest resources. Creating a single federal standard would allow these schools to remain focused and devote every possible resource to their core mission of educating the next generation of our country's leaders. TMCF stands ready to assist in this bipartisan effort to provide stability to the ever-evolving landscape of college athletics. Sincerely, Dr. Harry L. Williams, President & CEO. ____ Thursday, August 6, 2026. Dear Chairman Cruz and Ranking Member Cantwell: On behalf of UNCF (United Negro College Fund), I write to express our enthusiastic support for the Protect College Sports Act and to thank you for your exceptional bipartisan leadership in advancing this landmark legislation. Throughout this process, your willingness to engage stakeholders across higher education and collegiate athletics has produced a thoughtful framework that reflects both the complexity of today's Name, Image, and Likeness (NIL) environment and the shared goal of preserving opportunity for student-athletes and the institutions that serve them. We are reassured by your commitment to work with us this year concerning the lingering issue of debt for many institutions wo represent. We are especially appreciative of the Cornmittee's incorporation of provisions reflecting the objectives of the IGNITE HBCU Excellence Act. By recognizing the unique role Historically Black Colleges and Universities (HBCUs) play in developing talent and expanding educational opportunity, this legislation acknowledges an essential truth: HBCUs must not be left behind as college athletics evolve. They must not be equipped to compete, innovate, and thrive within a modem national framework with improved and up-to-date infrastructure. For more than 150 years, HBCUs have produced generations of extraordinary scholar-athletes whose influence extends well beyond athletic competition. They have become business executives, military leaders, entrepreneurs, educators, public servants, and community leaders who have strengthened every sector of American society. As Congress modernizes the NIL landscape, ensuring that HBCUs have equitable access to the opportunities created by these reforms is not simply an athletics issue. This is an investment in educational excellence, workforce development, economic rnobiiity, and America's longterm competitiveness. ____ July 15, 2026. Dear Chairman Cruz, Ranking Member Cantwell, and Members of the United States Senate: We write as proud U.S. Olympians, Paralympians, and Team USA Athletes who benefited directly from the collegiate sports system, and who remain committed to ensuring that future generations of athletes have the same opportunity to compete at the collegiate level and represent Team USA on the world stage. As the Senate considers the Protect College Sports Act, we respectfully urge you to support this critical bill, providing necessary opportunity safeguards for women and men competing in collegiate Olympic and Paralympic sports. For decades, college athletics has served as the primary pathway for Team USA athletes and the backbone of record-setting U.S. Olympic and Paralympic teams. Thanks to the success of college football and basketball, Olympic and Paralympic sports have been able to thrive. However, without meaningful guardrails, there is a risk of unintentionally eliminating these critical opportunities for broad-based student athletes. The Protect College Sports Act recognizes the importance of Olympic and Paralympic sports and includes several provisions that provide meaningful stability for student athlete opportunities in Division I sports and the collegiate pipeline that supports Team USA: The Protect College Sports Act would help ensure that athlete opportunities in collegiate Olympic and Paralympic sports are not reduced as the college athletics model continues to evolve. To preserve America's global leadership in sport and ensure broad-based access for student-athletes, we respectfully support the following elements of the legislation: Scholarship and roster protections for large athletic departments. For institutions with annual athletics revenue above $80 million, the bill maintains 2024-25 scholarship and roster levels for Olympic and non-revenue sports, with economic hardship waivers that requires cuts to revenue-generating sports' coaching compensation before cutting scholarship and roster levels for women and men's collegiate Olympic sports. Transitional protections for mid-sized athletic departments. For institutions with annual athletics revenue between $50 million and $80 million, the bill maintains 2024-25 scholarship and roster levels for four years, providing important near-term stability for Olympic and non-revenue sports. Division I sport sponsorship protections. The bill preserves the current 16-sport minimum for FBS institutions and 14-sport minimum for FCS institutions, while prohibiting the NCAA or any successor governing body from lowering Division I sport sponsorship or minimum participant requirements. Paralympic walk-on opportunities and student-athlete representation. The bill clarifies that collegiate athletic programs may continue to accept walk-on Paralympic student-athletes without counting them toward roster caps. Athlete representation in intercollegiate governance. This legislation mandates athletes have a seat at the table in NCAA (or successor institutions) governance bodies which helps elevate athlete voice in decision-making affecting their futures. Together, these policies are not only critical to the Olympic and Paralympic movement, and Team USA athletes--they also reflect longstanding bipartisan priorities to promote gender equity, and support student-athlete development across all sports. At a time of significant change in college athletics, these safeguards are necessary and will help protect scholarships, roster spots, sport sponsorship, participation opportunities, and athlete representation that are essential to sustaining the next generation of collegiate student athletes--including those aspiring to compete for Team USA. We encourage Congress to support the Protect College Sports Act and to ensure athlete opportunities for current and future generations of women and men's scholarship-supported collegiate sports are not jeopardized. We stand ready to work with you and your colleagues as the legislation advances to promote our shared commitment to opportunity, excellence, and continued American leadership in sport on the global stage. Thank you for your consideration and your leadership on this important issue. Support from Student-Athlete Groups for the Protect College Sports Act: Team USA Athletes' Commission Student-athletes of the Mid-American Conference (MAC) Collegiate Conference of the South Student-Athlete Advisory Committee Rocky Mountain Athletic Conference (RMAC) Student-Athlete Advisory Committee Middle Atlantic Conference Student-Athlete Advisory Committee American Rivers Conference Student-Athlete Advisory Committee Conference of New England Student-Athlete Advisory Committee South Atlantic Conference Student-Athlete Advisory Committee Great Lakes Intercollegiate Athletic Conference Student- Athlete Advisory Committee Great American Conference Student-Athlete Advisory Committee Syracuse University Student-Athlete Advisory Committee Atlantic Coast Conference Student-Athlete Advisory Committee Northern Sun Intercollegiate Conference Student-Athlete Advisory Committee Great Midwest Athletic Conference Student-Athlete Advisory Committee Sun Belt Conference Student-Athlete Advisory Committee The Big Sky Conference Student-Athlete Advisory Committee The University of Minnesota Crookston Athletics Department and Student-Athlete Advisory Committee Minnesota Intercollegiate Athletic Conference Student- Athlete Advisory Committee University of Massachusetts Boston Student-Athlete Advisory Committee North Coast Athletic Conference Student-Athlete Advisory Committee Big Ten Student-Athlete Issues Commission Ohio Athletic Conference Student-Athlete Advisory Committee Missouri Valley Conference Student-Athlete Advisory Committee The Summit League Student-Athlete Advisory Committee Southeastern Conference Student-Athlete Advisory Committee Southland Conference Student-Athlete Advisory Committee Ms. CANTWELL. So the American Conference Student Athletes Advisory Committee, Rocky Mountain Athletic Association Student Athletes Advisory Committee, American Rivers Conference Student Athlete Advisory Committee, the New England Conference Student Athletic Advisory Committee--I could keep going and going and going. So there is support by athletes for this bill, but it is also endorsed by the United Negro College Fund because they believe that this bill will help stabilize one aspect of DI football that is really challenging, and that is the system. It is also endorsed by the U.S. Olympic Committee, and the reason it is endorsed by the U.S. Olympic Committee is because they know we are going to help preserve Olympic sports. Now, what are we going to do when we have the next Olympics or the one after that and you literally have not trained and skilled the athletes? Some of our biggest institutions are the ones who provide 70 percent of these athletes, and so if we don't stabilize and say "stop cutting women's and Olympic sports," then we are going to be standing at an Olympics where we are not winning and going to ask why. I didn't want to deal with this issue, but when a kid from my State--from a famous part of our State, White Pass, where the Mahre brothers won gold skiing in the Olympics because they grew up on that pass--basically, this kid couldn't snowboard for us and went and snowboarded for Russia and won medals. I was like, this is a problem. So I am not for us losing in the Olympics because we undermine college athletics in an arms race because we don't want to put rules in place. So the Thurgood Marshall Fund also supports this. Team USA athletes all support this. And it is just time for us to get this issue over the top. That is really what we are talking about. It is not the final solution. It is putting a pin in the problems to stabilize the loss of women's and Olympic sports and to create the opportunity to discuss the larger structure moving forward. That is why I think we have so much support. It doesn't mean that we have solved every problem, but it means that we are on our way to solving the problems that exist and preserving the opportunities for the future. So let's get it over the top. I am very proud of this athlete, and she is a perfect example. Okay. She is No. 1 in the world right now, and she is the pole vaulter at University of Washington. But what if we continue to undermine the efforts of women's and Olympic sports? What if she doesn't have that roster slot because we are too busy letting billionaires run the race and basically leave people behind? That is not what sports is about. It is about, any given day, the competition. So let's get back to playing sports again, and let's pass this legislation.

Madam President, 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. HUSTED assumed the Chair.)

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER (Mr. Ricketts)

Without objection, it is so ordered.

Mr. President, I ask unanimous consent that notwithstanding rule XXII and notwithstanding adoption of the Cruz-Cantwell substitute amendment, the following be the only amendments in order: Baldwin, No. 6828; Scott of South Carolina, No. 6830; Paul, No. 6758; Kennedy, No. 6760 at a 60-vote threshold; Moody-Blumenthal, No. 6831; Booker, No. 6805; Booker, No. 6835; further, that the Senate vote in relation to the amendments in the order listed and with 60 affirmative votes required for adoption of the Kennedy amendment; further, following disposition of the Booker amendment, Calendar No. 449, S. 4668, as amended, if further amended, be read a third time and the Senate vote on passage of the bill as amended; finally, if passed, the motion to reconsider be considered made and laid upon the table with no intervening action or debate.

The PRESIDING OFFICER

Is there objection? Without objection, it is so ordered.

Mr. President, I ask unanimous consent that there be 2 minutes of debate, equally divided between the proponents and opponents, prior to each vote in relation to S. 4668.

The PRESIDING OFFICER

Any objection? Without objection, it is so ordered.

I ask unanimous consent that following disposition of the Baldwin amendment, all remaining votes in relation to S. 4668 be 10 minutes in length.

The PRESIDING OFFICER

Without objection, it is so ordered.

The PRESIDING OFFICER

The Senator from Wisconsin.

Tammy Baldwin (D-WI)

Mr. President, I call up my amendment No. 6828 and ask that it be reported by number.

The PRESIDING OFFICER

The clerk will report.

The senior assistant legislative clerk read as follows: The Senator from Wisconsin [Ms. Baldwin] proposes an amendment numbered 6828. The amendment is as follows: (Purpose: To modify the provision relating to the relationship of this Act to existing law)

Text printed in the Record (3,775 characters)

Strike section 121 and insert the following: SEC. 121. RELATIONSHIP TO EXISTING LAW. (a) In General.--No State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, requirement, or standard that-- (1) conflicts with any provision of this title that would prevent compliance with this title; or (2) governs, regulates, or invalidates policies or rules of an institution, a conference, or an intercollegiate athletic association that regulates-- (A) the compensation to a student athlete or prospective student athlete for the use of their name, image, or likeness, except as necessary to comply with this title; (B) transfers of student athletes between institutions; or (C) any provision described in subsection (a)(1)-(3) or (b) of section 113 relating to the eligibility of a student athlete to participate in intercollegiate athletics. (b) Preservation of State Laws.--The following State laws, rules, regulations, or requirements, or common law rights or remedies shall not be preempted, displaced, or supplanted: (1) Except to the extent that such law, rule, regulation, requirement, or common law right or remedy conflicts with subsection (a), the following: (A) Uniform Athlete Agent Acts. (B) Civil rights laws. (C) Tort law, unless otherwise specified in paragraph (2). (D) Criminal law, unless otherwise specified in paragraph (2). (E) Laws that relate to privacy or data breach. (F) Contract law. (G) Trademark law. (H) Copyright law. (I) Consumer protection law, unless otherwise specified in paragraph (2). (2) Except to the extent that such law, rule, regulation, or requirement, or common law right or remedy conflicts with subsection (a)(2), any law, rule, regulation, or requirement, or common law right or remedy, whether statutory or common law, that gives rise to a cause of action for the following: (A) Personal injury, including psychological injury. (B) Wrongful death. (C) Property damage. (D) Sexual assault. (E) Harassment. (F) Fraud. (G) Injury resulting from abuse or hazing of a student athlete, including physical or sexual abuse. (H) Injury resulting from deficient student or campus safety measures. (I) Injury resulting from a failure to provide greater protections to student athletes than those provided by the health, wellness, and safety standards under subsections (a)(1)-(4) or (b)(1)-(2) of section 107. (J) Any related cause of action that is derivative of any of subparagraphs (A) through (I). (c) Rule of Construction.--To the extent liability for violations of the antitrust laws is not limited by this title, subsection (a) shall not be construed to preempt, displace, or supplant the antitrust laws. The PRESIDING OFFICER. Two minutes, equally divided. Ms. BALDWIN. Mr. President, look, as currently drafted--because the Protect College Sports Act includes health, safety, and wellness standards--the NCAA and athletic conferences could argue that State health and safety protection for athletes conflict with and prevent compliance with this bill. As a result, student athletes bringing such cases, including things like brain injuries or sexual assault, could face unnecessary prejudicial delay fighting the NCAA or institutions' preemption argument or even have their cases preempted and kicked out of court. This bipartisan amendment addresses that, and I urge my colleagues to support it. The PRESIDING OFFICER. The Senator from Missouri. Mr. SCHMITT. Mr. President, this is something we have worked with together to ensure that those cases aren't affected by what we are trying to do. That was never the intent of this bill. So I support it. I know Senator Cruz supports it, and others do as well.

The PRESIDING OFFICER

The question now occurs on adoption of the amendment.

Tammy Baldwin (D-WI)

I ask for the yeas and nays.

The PRESIDING OFFICER

Is there a sufficient second? There appears to be a sufficient second.

The clerk will call the roll. The senior assistant legislative clerk called the roll.

The following Senators are necessarily absent: the Senator from Indiana (Mr. Banks), the Senator from Texas (Mr. Cornyn), and the Senator from Alaska (Mr. Sullivan). The result was announced--yeas 96, nays 1, as follows:

Text printed in the Record (894 characters)

Alsobrooks Armstrong Baldwin Barrasso Bennet Blackburn Blumenthal Blunt Rochester Booker Boozman Britt Budd Cantwell Capito Cassidy Collins Coons Cortez Masto Cotton Cramer Crapo Cruz Curtis Daines Duckworth Durbin Ernst Fetterman Fischer Gallego Gillibrand Graham Grassley Hagerty Hassan Hawley Heinrich Hickenlooper Hirono Hoeven Husted Hyde-Smith Johnson Justice Kaine Kelly Kennedy Kim King Klobuchar Lankford Lee Lujan Lummis Markey Marshall McConnell McCormick Merkley Moody Moran Moreno Murkowski Murphy Murray Ossoff Padilla Paul Peters Reed Ricketts Risch Rosen Rounds Sanders Schatz Schiff Schmitt Schumer Scott (FL) Scott (SC) Shaheen Sheehy Slotkin Smith Thune Tillis Van Hollen Warner Warnock Warren Welch Whitehouse Wicker Wyden Young Tuberville Banks Cornyn Sullivan The amendment (No. 6828) was agreed to. The PRESIDING OFFICER (Mr. Moreno). The Senator from South Carolina.

Tim Scott (R-SC)

Mr. President, I call up my amendment No. 6830 and ask that it be reported by number.

The PRESIDING OFFICER

The clerk will report.

The legislative clerk read as follows:

Text printed in the Record (80 characters)

The Senator from South Carolina [Mr. Scott] proposes an amendment numbered 6830.

The amendment is as follows:

Text printed in the Record (3,340 characters)

(Purpose: To require the disclosure of foreign financing of intercollegiate athletics.) 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 that exceed $600 in value received by the covered person relating to intercollegiate athletics from a foreign government, a foreign adversary, a state-owned enterprise, or a sovereign wealth fund. (2) Disclosure deadlines.--Disclosures under paragraph (1) shall be made not later than 30 days after-- (A) entering into a relevant transaction or receiving funds, whichever occurs first; or (B) any material change that would impact a previous disclosure. (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, or a sovereign wealth fund 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; or (C) an intercollegiate athletic association. (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) 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. The PRESIDING OFFICER. There will now be 2 minutes of debate equally divided. Mr. SCOTT of South Carolina. You said 20 minutes, sir? The PRESIDING OFFICER. Two minutes. Mr. SCOTT of South Carolina. Oh, I will shorten my comments. Mr. President, if a college, conference, or athletic association receives significant funding for college athletics from a foreign government, foreign adversary, state-owned enterprise or sovereign wealth fund, it should disclose that funding, any funding exceeding $600. This amendment does not prohibit foreign investment or financing; it simply provides transparency so that the student-athletes, schools, and the American people know when foreign entities are financing American college athletics. This amendment ensures transparency while allowing college athletics to remain competitive. I certainly ask that this amendment be adopted by voice vote.

The PRESIDING OFFICER

Is there further debate? Hearing no further debate, the question now occurs on adoption of amendment No. 6830. The amendment (No. 6830) was agreed to.

The PRESIDING OFFICER

The Senator from Kentucky.

Rand Paul (R-KY)

I call up my amendment No. 6758 and ask that it be reported by number.

The PRESIDING OFFICER

The clerk will report the amendment by number.

The legislative clerk read as follows:

Text printed in the Record (73 characters)

The Senator from Kentucky [Mr. Paul] proposes an amendment numbered 6758.

The amendment is as follows:

Text printed in the Record (4,127 characters)

Strike section 1 and all that follows through the end and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the "Collegiate Sports Integrity Act". SEC. 2. ANTITRUST EXEMPTION FOR INTERCOLLEGIATE ATHLETIC CONFERENCES AND ASSOCIATIONS. (a) Definitions.--In this section: (1) Antitrust laws.--The term "antitrust laws" has the meaning given the term in the first section of the Clayton Act (15 U.S.C. 12), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition. (2) Institution of higher education.--The term "institution of higher education" has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Intercollegiate athletic conference.--The term "intercollegiate athletic conference" means-- (A) an organization or association that-- (i) exclusively has as members 2 or more institutions of higher education; and (ii) arranges championships and sets rules for intercollegiate athletic competition; or (B) any institution of higher education that competes against another institution of higher education in an athletic competition. (4) Interstate intercollegiate athletic association.--The term "interstate intercollegiate athletic association"-- (A) means a not-for-profit corporation, an association, or any other group organized in the United States that-- (i) sponsors or arranges intercollegiate athletic competition between institutions and intercollegiate athletic conferences; (ii) sets common rules, standards, procedures, or guidelines for the administration of intercollegiate athletic competition at institutions; (iii) is composed of 2 or more institutions or conferences that are located in different States; and (B) does not include a corporation, association, or other group affiliated with professional athletic competition. (b) Exemption.--The antitrust laws shall not apply to intercollegiate athletic conferences or interstate intercollegiate athletic associations. The PRESIDING OFFICER. There is two minutes of debate equally divided. Mr. PAUL. I ask unanimous consent that I be allowed to speak for 2 minutes. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. PAUL. College sports is a mess--that much we can agree on--but I doubt the Congress that oversees the post office is the right body to oversee college sports. It should surprise no one that Congress created this problem when they created the nonsensical antitrust laws--antitrust laws that the government argues create monopolies when prices are too low, when competition is too intense, and when innovation is too prevalent. Nonsensical. No one knows whether this bill is Congress' first foray into college sports or its last. What is clear, though, is that the bill before us forbids the NCAA from ever returning to a traditional understanding of amateur athletics. This bill makes it illegal to not pay--not pay--players, so those that are nostalgic for an era when our unpaid amateur hockey team beat the Russians will forever be disappointed. My amendment would exempt the NCAA from antitrust laws and return college sports to the voluntary interactions between the athletes and the association. I recommend a "yes" vote and ask for the yeas and nays. The PRESIDING OFFICER. The Senator from Washington. Ms. CANTWELL. Mr. President, speaking in opposition to the amendment, this would simply strike the entire bill and give a major antitrust exemption to the NCAA to write whatever rules they want. I think all of us can agree here that this process isn't working with the NCAA, and Congress has intervened to set rules. I want to applaud our colleagues for the 96-to-1 vote we just had on the Baldwin-Schmitt amendment--a very complicated part of the law, but nonetheless we can all agree. So it says to me this body can figure this out. I urge our colleagues to continue and not strike the majority of the bill but implement it so we can get on at protecting college sports. I urge a "no" vote.

The PRESIDING OFFICER

The question now occurs on adoption of amendment No. 6758.

Rand Paul (R-KY)

I ask for the yeas and nays.

The PRESIDING OFFICER

Is there a sufficient second? There appears to be a sufficient second.

The clerk will call the roll. The legislative clerk called the roll.

The following Senators are necessarily absent: the Senator from Texas (Mr. Cornyn), the Senator from Utah (Mr. Lee), the Senator from Alaska (Mr. Sullivan), and the Senator from North Carolina (Mr. Tillis).

Richard J. Durbin (D-IL)

I announce that the Senator from Virginia (Mr. Warner) is necessarily absent. The result was announced--yeas 1, nays 94, as follows:

Text printed in the Record (877 characters)

Paul Alsobrooks Armstrong Baldwin Banks Barrasso Bennet Blackburn Blumenthal Blunt Rochester Booker Boozman Britt Budd Cantwell Capito Cassidy Collins Coons Cortez Masto Cotton Cramer Crapo Cruz Curtis Daines Duckworth Durbin Ernst Fetterman Fischer Gallego Gillibrand Graham Grassley Hagerty Hassan Hawley Heinrich Hickenlooper Hirono Hoeven Husted Hyde-Smith Johnson Justice Kaine Kelly Kennedy Kim King Klobuchar Lankford Lujan Lummis Markey Marshall McConnell McCormick Merkley Moody Moran Moreno Murkowski Murphy Murray Ossoff Padilla Peters Reed Ricketts Risch Rosen Rounds Sanders Schatz Schiff Schmitt Schumer Scott (FL) Scott (SC) Shaheen Sheehy Slotkin Smith Thune Tuberville Van Hollen Warnock Warren Welch Whitehouse Wicker Wyden Young Cornyn Lee Sullivan Tillis Warner The amendment (No. 6758) was rejected. The PRESIDING OFFICER. The Senator from Louisiana.

John Kennedy (R-LA)

Mr. President, I call up my amendment No. 6760 and ask that it be reported by number.

The PRESIDING OFFICER

The clerk will report the amendment by number.

The bill clerk read as follows:

Text printed in the Record (77 characters)

The Senator from Louisiana [Mr. Kennedy] proposes an amendment numbered 6760.

The amendment is as follows: (Purpose: To limit price increases for college athletics tickets)

Text printed in the Record (3,717 characters)

At the appropriate place in title I, insert the following: SEC. ___. LIMITATION ON COLLEGE ATHLETICS TICKET PRICE INCREASES. With respect to intercollegiate athletic competitions for an intercollegiate sport held during an academic year, an institution, conference, or intercollegiate athletic association may not increase the price of tickets to attend such competitions by an amount that is greater than 4 percent of the amount charged for tickets to attend such competitions for the same intercollegiate sport during the preceding academic year. Mr. KENNEDY. Mr. President, there was a time early on in this process that I truly believed this bill was dead as disco, but I think it is going to pass, and that is a tribute to a lot of people's hard work. Now, we have made a lot of people happy with this bill. We have certainly made the colleges happy. We have made the universities happy. We have made their athletic programs happy. We have made their donors happy. We have certainly made the coaches happy. And we have made the players happy, to the extent that this will provide stability. I guess we have made everybody happy--not exactly. Who makes this possible? Who makes college athletics possible? Who generates all this cashflow? The fans. The fans. And we have done nothing for them. Zero. Zilch. Nada. And their ticket prices keep going up. And every single one of us in this body has been out there all across America talking about affordability. Yet in some cases, the prices have gone up--go up 30 and 35 percent a year. My amendment--before you cut me off, Mr. President, I have talked slowly, and I ought to get extra time. My amendment would prohibit any institution, conference, or intercollegiate athletic association from raising ticket prices by more than 4 percent annually. Let us do something for the fans. Let us do something for affordability for a change. Let us put our money where our mouth is. Thank you for your indulgence, Mr. President. The PRESIDING OFFICER. The Senator from Texas. Mr. CRUZ. Mr. President, I understand the sentiment behind my friend Senator Kennedy's amendment. I, nonetheless, oppose the amendment and urge a "no" vote. This amendment would set a price control on college sports tickets. The amendment does not distinguish between large institutions and small institutions, applies the same mandate to every university and every single sport from the small local community college to the HBCU to a large Power Four school. This will harm schools from being able to respond when market factors change. For example, let's say a small school has an unbelievable football season and is considered college football playoff material. The next season, that same team has a schedule that is playing well-known teams like Notre Dame or Alabama that are drawing a significant crowd and increased fan interest and demand. This amendment would prevent that small school whose fans believe they are playoff material from being able to respond to that fan interest and build revenues that could be put back in the university and back into the student-athletes. And, critically, the revenue that is shared with student-athletes comes from ticket sales. So capping the prices on ticket sales would reduce the revenue that is available to student-athletes. I encourage Members to vote no. Mr. KENNEDY. Mr. President, all this bill does is fix price. It fixes prices on everybody. Why don't we do something for the fans for God's sake? The PRESIDING OFFICER. All time is expired. Mr. KENNEDY. This isn't a price-fixing bill. The PRESIDING OFFICER. All time-- Mr. KENNEDY. Am I out of order, Mr. President? The PRESIDING OFFICER. Yes, substantially.

The question now occurs on adoption of amendment No. 6760.

I ask for the yeas and nays.

The PRESIDING OFFICER

Is there a sufficient second? There appears to be a sufficient second.

The clerk will call the roll. The bill clerk called the roll.

The following Senators are necessarily absent: the Senator from Utah (Mr. Lee), the Senator from Alaska (Mr. Sullivan), the Senator from North Carolina (Mr. Tillis), and the Senator from Alabama (Mr. Tuberville). The result was announced--yeas 42, nays 54, as follows:

Text printed in the Record (957 characters)

Alsobrooks Baldwin Banks Bennet Blumenthal Blunt Rochester Cortez Masto Cramer Duckworth Gallego Gillibrand Graham Hassan Hawley Heinrich Hirono Husted Hyde-Smith Kelly Kennedy King Lujan Markey Merkley Murkowski Murphy Murray Padilla Peters Reed Sanders Schiff Schumer Shaheen Slotkin Smith Van Hollen Warnock Warren Welch Wicker Wyden Armstrong Barrasso Blackburn Booker Boozman Britt Budd Cantwell Capito Cassidy Collins Coons Cornyn Cotton Crapo Cruz Curtis Daines Durbin Ernst Fetterman Fischer Grassley Hagerty Hickenlooper Hoeven Johnson Justice Kaine Kim Klobuchar Lankford Lummis Marshall McConnell McCormick Moody Moran Moreno Ossoff Paul Ricketts Risch Rosen Rounds Schatz Schmitt Scott (FL) Scott (SC) Sheehy Thune Warner Whitehouse Young Lee Sullivan Tillis Tuberville The PRESIDING OFFICER (Mr. Sheehy). On this vote, the yeas are 42, the nays are 54. The 60-vote threshold having not been achieved, the amendment has not been agreed to.

The amendment (No. 6760) was rejected.

The PRESIDING OFFICER

The Senator from Florida.

Ashley Moody (R-FL)

Mr. President, I call up my amendment No. 6831 and ask that it be reported by number.

The PRESIDING OFFICER

The clerk will report.

The senior assistant legislative clerk read as follows:

Text printed in the Record (74 characters)

The Senator from Florida [Mrs. Moody] proposes an amendment numbered 6831.

The amendment is as follows: (Purpose: To modify the prohibition on certain conference mergers and acquisitions)

Text printed in the Record (2,632 characters)

On page 150, line 7, strike "19 institutions" and insert "20 institutions". Mrs. MOODY. Mr. President, I would like to begin by thanking the sponsor of this bill, Senator Cruz, Senator Schmitt who had such a large hand in getting this to the floor for their support on this amendment. I think everyone can agree that college sports has become broken and is headed in a bad direction. Fans across the Nation are seeing it. I am hearing about it from Floridians, and that is why I appreciate the efforts of my colleagues and the Trump administration to address these issues. But there is an area in this bill that would not best serve all of our universities, especially all the universities in the State of Florida, and that is why I am here with this amendment. We have a unique situation in Florida. We have a lot of schools that have successful football programs. In fact, 25 percent of the national football championship teams, since 1983, have come from the State of Florida. It is because of those successful programs. And they have been successful because the universities have had the opportunity to make decisions based on students and the success of their program. So we need more flexibility in the conference caps in this bill, and that is why I am moving to amend this bill simply by expanding the conference cap by 1, from 19 to 20 in those conferences. This would go a long way to helping schools like USF, which is in its 30th year, and they are at a 4 to 0 start to the season. The strict conference cap will limit them. It also helps our historic programs like the University of Miami, who is also 4 to 0 already this year, and Florida State University that wants to continue to build on their storied century-old successes in football. So thank you for the opportunity to speak on this amendment. Again, I would like to thank the bill's sponsor that supports this amendment, and I would like to yield my time to Senator Blumenthal from Connecticut who also is sponsoring this amendment. The PRESIDING OFFICER. The Senator from Connecticut. Mr. BLUMENTHAL. Mr. President, I ask consent to speak for one minute. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. BLUMENTHAL. I want to thank my partner in this effort, Senator Moody. This amendment really is about fairness. It is a minor adjustment to the bill that promotes competition by holding the big conferences to schools that want to compete, and it levels the playing field in a way that I think is important to the future of college sports. Again, thank you to my colleagues for your support, and I ask that the vote be by voice.

The PRESIDING OFFICER

Approved. The question is on agreeing to the amendment. The amendment (No. 6831) was agreed to.

The PRESIDING OFFICER

The Senator from New Jersey.

I call up my amendment No. 6805 and ask that it be reported by number.

The PRESIDING OFFICER

The clerk will report.

The senior assistant legislative clerk read as follows:

Text printed in the Record (77 characters)

The Senator from New Jersey [Mr. Booker] proposes an amendment numbered 6805.

The amendment is as follows: (Purpose: To increase the limitation on funding for post-eligibility insurance and catastrophic injury for student athletes)

Text printed in the Record (4,225 characters)

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. Mr. BOOKER. Mr. President, I would like to speak about my amendment Booker and Blumenthal 6805. To my colleagues, college athletes are putting their bodies out there on the line every day. And many of us who played, we know that some suffer serious, long-term injuries to their spines, their knees, their shoulders, and now what we are seeing is the explosion of CTE, traumatic brain injury. It is a crisis in our country. I know guys who have had to reach into their own pockets to pay for ongoing medical care literally for decades, and the cost of that care is going to continue to get higher and higher. And in some cases, these injuries athletes have, they are going to live with for the rest of their lives. Section 106 of this bill provides up to $100 million for a post-eligibility insurance and catastrophic injury fund. I am glad the bill recognizes college athletes need help covering the cost of injuries they sustained while playing, but I am skeptical that $100 million will be enough. There are roughly half a million college athletes competing at any given time. That money can go quickly when you are talking about serious, lifelong injuries. Our amendment would raise the cap on the fund from $100 million to $200 million. And, more importantly, it wouldn't hurt small schools. It would be the NCAA and the Power Four conferences that would be responsible for covering the difference. These are the institutions that have built multibillion dollar industries around college sports. They should help ensure that athletes who suffer serious injuries have the resources to receive the care that they need. This amendment will provide greater resources to address athletes' long-term injuries without placing additional financial burdens on schools-- The PRESIDING OFFICER. The Senator's time is expired. Mr. BOOKER.--as we continue to find more and more challenges with traumatic brain injury. The PRESIDING OFFICER. The Senator from Texas. Mr. CRUZ. Mr. President, I oppose this amendment. It doubles the maximum size of the bill's medical fund from $100 million to $200 million and sticks the bill on the school in your State. The Protect College Sports Act already establishes the most sweeping new health protections in history for student-athletes. Division I schools right now must cover out-of-pocket costs for injuries while athletes are enrolled and for 5 years after their eligibility ends. At markup, the Commerce Committee adopted Senator Kim's amendment which allowed the trust fund to increase up to $100 million. This amendment skips way past that and doubles that, adding an additional $100 million. Where does that money come from? It comes from the schools at the expense of student-athletes. It comes at the expense of revenue-share payments. It comes at the expense of scholarships and benefits for student-athletes. And, in the end, unfunded mandates lead to fewer roster spots, fewer scholarships, and cuts to sports. So I urge a "no" vote. The PRESIDING OFFICER. The Senator from Washington. Ms. CANTWELL. Mr. President, urging my colleagues to support this amendment. There is nothing in the bill that says that you have to take one from the other. What this bill is about is being responsible to athletes and responsible to their injuries. I think the Senator from New Jersey has articulated, as we know from anybody here who is on the Senate floor who is a physician, that this does happen to people much later in their lives, and they are dealing with it. This is the responsible thing to do, to set up this fund; and it is the responsible amount that the Senator from New Jersey is suggesting. I urge a "yes" vote.

The PRESIDING OFFICER

The question is on--the Senator from New Jersey.

I thank the Senator from Washington, and I ask for the yeas and nays.

The PRESIDING OFFICER

The question now occurs on adoption of the amendment. Is there a sufficient second? There appears to be a sufficient second.

The clerk will call the roll. The senior assistant legislative clerk called the roll.

The following Sentor is necessarily absent: the Senator from Alaska (Mr. Sullivan). The result was announced--yeas 49, nays 50, as follows:

Text printed in the Record (783 characters)

Alsobrooks Baldwin Bennet Blumenthal Blunt Rochester Booker Cantwell Collins Coons Cortez Masto Duckworth Durbin Fetterman Gallego Gillibrand Hassan Hawley Heinrich Hickenlooper Hirono Kaine Kelly Kim King Klobuchar Lujan Markey Merkley Murphy Murray Ossoff Padilla Peters Reed Rosen Sanders Schatz Schiff Schumer Shaheen Slotkin Smith Van Hollen Warner Warnock Warren Welch Whitehouse Wyden Armstrong Banks Barrasso Blackburn Boozman Britt Budd Capito Cassidy Cornyn Cotton Cramer Crapo Cruz Curtis Daines Ernst Fischer Graham Grassley Hagerty 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 Thune Tillis Tuberville Wicker Young Sullivan

The Amendment (No. 6805) was rejected.

The PRESIDING OFFICER (Mr. Moreno)

The Senator from New Jersey.

Mr. President, I call up my amendment No. 6835 and ask that it be reported by number.

The PRESIDING OFFICER

The clerk will report the amendment by number.

The senior assistant executive clerk read as follows:

Text printed in the Record (77 characters)

The Senator from New Jersey [Mr. Booker] proposes an amendment numbered 6835.

The amendment is as follows: (Purpose: To establish certain standards with respect to coaches of varsity sports teams)

Text printed in the Record (4,744 characters)

Insert after section 112 the following: SEC. 112A. TRANSFER PROTECTIONS FOR COACHES. Subject to the requirements and prohibitions regarding mid-season coaching transitions under section 110, an institution, a conference, an intercollegiate athletic association, or any representative of such entity shall permit a coach to transfer from one four-year institution to another four-year institution-- (1) once without losing or delaying eligibility to coach intercollegiate sports; (2) except as provided in paragraph (3), a second time with a loss of eligibility to coach intercollegiate sports during the first academic year following the transfer; and (3) additionally, without losing or delaying eligibility to coach intercollegiate sports, upon-- (A) discontinuation of a sport that the individual coaches; or (B) sexual assault or harassment of the coach by an individual associated with the institution from which the coach intends to transfer. Insert after section 114 the following: SEC. 114A. TREATMENT OF COMPENSATION FOR COACHES. (a) Endorsement Contracts.-- (1) Compensation requirement.--Any endorsement contract for a coach of a varsity sports team shall be invalid unless the contract is for a valid business purpose and is commensurate with compensation paid to individuals with a similar profile, reputation, or notability who are not coaches or prospective coaches. (2) 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. (b) Cap for Contract Buyouts and Termination Fees for Coaches.-- (1) In general.--Any contract buyout or termination fee payable to a coach of a varsity sports team may not exceed an amount equal to the greatest annual compensation paid to the coach under that contract, excluding bonuses. (2) Application.--Paragraph (1) 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. (c) Salary Cap for Coaches.-- (1) In general.--Subject to paragraph (2), an institution may not provide compensation to a coach of a varsity sports team that exceeds $5,000,000 per year. (2) Application.--Paragraph (1) 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. Mr. BOOKER. Mr. President, this is one of the hypocrisies in this bill. This bill targets athletes. It is subject to endorsement deals, redtape, scrutiny, and bureaucracy. It limits the amount of revenue that schools share with athletes, but there are no comparable restrictions on coaches or any other powerful actor in college sports. This strikes me as fundamentally unfair, especially when, during all these negotiations, college after college would whisper to me and say: There is a race to the bottom on these crazy coach salaries. On endorsement deals, the amendment subjects coaches' endorsement deals to the same approval and disclosure requirements that would apply to athletes. On compensation, the amendment caps coaches' salaries at $5 million a year and caps coaches' contract buyouts at no more than 1 year's salary, because in 2025 alone, just 15 college football coaches were owed almost a quarter of a billion dollars in buyouts to not coach. This amendment is about parity. This amendment is about fairness. If the bill's supporters believe these rules are necessary for athletes, they should be willing to apply them to coaches as well. The PRESIDING OFFICER. The Senator from Texas. Mr. CRUZ. Mr. President, this amendment takes rules that are designed for student-athlete eligibility and applies them to coaches, and those are vastly different situations. The existing bill has significant constraints on coaches already. For example, it adopts a rule--a rule that is used in the NFL right now--that coaches cannot be recruited away from a program during the season or during the playoff; they can only be recruited away during the offseason so that you don't have a situation like what happened at Ole Miss last year, which I think was unfair to the players. In addition, this bill also includes a provision that Senator Lujan drafted that was adopted at markup that puts some constraints on coaches' salaries. But Senator Booker's amendment would put a hard cap on coaches' salaries. This bill does not do that to individual athletes. There is no hard cap on individual athletes. So it would not work. It would put unworkable and burdensome requirements on the coaches and hurt the competitiveness of college sports. Therefore, I urge a "no" vote.

The PRESIDING OFFICER

The question now occurs on adoption of the amendment.

Brian Schatz (D-HI)

I ask for the yeas and nays.

The PRESIDING OFFICER

Is there a sufficient second? There appears to be a sufficient second.

The clerk will call the roll. The senior assistant executive clerk called the roll.

The following Sentor is necessarily absent: the Senator from Alaska (Mr. Sullivan). The result was announced--yeas 47, nays 52, as follows:

Text printed in the Record (784 characters)

Alsobrooks Baldwin Bennet Blumenthal Blunt Rochester Booker Britt Coons Cortez Masto Duckworth Durbin Fetterman Gallego Gillibrand Hassan Heinrich Hickenlooper Hirono Kaine Kelly Kim King Klobuchar Lujan Markey Merkley Murphy Murray Ossoff Padilla Peters Reed Rosen Sanders Schatz Schiff Schumer Shaheen Slotkin Smith Van Hollen Warner Warnock Warren Welch Whitehouse Wyden Armstrong Banks Barrasso Blackburn Boozman Budd Cantwell Capito Cassidy 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 Thune Tillis Tuberville Wicker Young Sullivan

The amendment (No. 6835) was rejected.

The PRESIDING OFFICER (Mr. Schmitt)

Mr. President, under the previous order, the clerk will read the title of the bill for the third time.

The bill was ordered to be engrossed for a third reading and was read the third time.

The PRESIDING OFFICER

The Senator from Texas.

Mr. President, it is late at night, and I want to thank the many Members and staff who have worked tirelessly to pass landmark legislation to protect and save something precious and unique in America that is college sports. And I want to especially thank the original four sponsors of this bill, ranking member Maria Cantwell, who was indefatigable in pushing through to reach bipartisan compromise. I want to thank the Presiding Officer Senator Schiff--Senator Schmitt rather, and I want to thank--I will thank Senator Schiff, too, with a "yes" vote. And I want to thank Senator Coons. The four original sponsors have worked tirelessly along with our staff. We are here at long last on the verge of something historic. And thank you to everyone, and with that, I yield back all time.

The PRESIDING OFFICER

The Senator from Washington.

Mr. President, the Senate has worked its will tonight, and that is a rare occasion on something this complicated but this important for America's future. I thank all my colleagues. I urge a "yes" vote and will speak after the vote in more detail.

Mr. President, I just want to use the 1 minute left of opposition to this bill.

The PRESIDING OFFICER

The Senator from New Jersey.

I know this bill is about to be passed, but I want to say very plainly, this bill sells out college athletes. This bill does not allow equal treatment between coaches and those athletes. This bill does not provide enough money left over for their health and interests. This bill gives permanent antitrust exemptions to this organization, and it does not create permanent protections for Olympic athletes, no permanent protections for women's sports, and this bill undermines the ability for athletes to sue for privacy violations and civil rights violations. I urge my colleagues to vote no. I know this is not the final word on this legislation, and I am grateful for those colleagues that joined me in "no" votes.

The PRESIDING OFFICER

The bill having been read the third time, the question is, Shall the bill, as amended, pass?

Roger F. Wicker (R-MS)

I ask for the yeas and nays.

The PRESIDING OFFICER

Is there a sufficient second? There appears to be a sufficient second.

The clerk will call the roll. The senior assistant executive clerk called the roll.

The following Senator is necessarily absent: the Senator from Alaska (Mr. Sullivan). The result was announced--yeas 77, nays 22, as follows:

Text printed in the Record (783 characters)

Armstrong Baldwin Banks Barrasso Bennet Blackburn Boozman Britt Budd Cantwell Capito Cassidy Collins Coons Cornyn Cortez Masto Cotton Cramer Crapo Cruz Curtis Daines Durbin Ernst Fetterman Fischer Gallego Graham Grassley Hagerty Hassan Hawley Heinrich Hickenlooper Hirono Hoeven Husted Hyde-Smith Johnson Justice Kennedy King Klobuchar Lankford Lee Lujan Lummis Marshall McConnell McCormick Moody Moran Moreno Murkowski Murray Ossoff Padilla Peters Ricketts Risch Rosen Rounds Schatz Schmitt Scott (SC) Shaheen Sheehy Slotkin Smith Thune Tillis Tuberville Warner Welch Wicker Wyden Young Alsobrooks Blumenthal Blunt Rochester Booker Duckworth Gillibrand Kaine Kelly Kim Markey Merkley Murphy Paul Reed Sanders Schiff Schumer Scott (FL) Van Hollen Warnock Warren Whitehouse Sullivan

The bill (S. 4668), as amended, was passed as follows:

Text printed in the Record (8,863 characters)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the "Protect College Sports Act of 2026". (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION Sec. 100. Definitions. Sec. 101. Name, image, and likeness protections. Sec. 102. Modifications to Sports Agent Responsibility and Trust Act. Sec. 103. Agent registry requirements for intercollegiate athletic associations. Sec. 104. Disclosures and establishment of name, image, and likeness agreement database. Sec. 105. Academic protections. Sec. 106. Medical coverage requirements. Sec. 107. Health, wellness, and safety standards. Sec. 108. Office of the Student Athlete Ombudsman. Sec. 109. Comparable standards for access to facilities, services, and events. Sec. 110. Rules governing certain mid-season coaching transitions. Sec. 111. Student athlete representation on intercollegiate athletic association governing boards. Sec. 112. Transfer protections. Sec. 113. Eligibility to participate in intercollegiate sports. Sec. 114. Prohibited compensation and agreements. Sec. 115. Congressional approval of continuation of revenue share cap and retention fund. Sec. 116. Commission on the Future of College Athletics. Sec. 117. Recruitment and tampering. Sec. 118. Limitation on liability. Sec. 119. Private right of action. Sec. 120. Whistleblower protection. Sec. 121. Relationship to existing law. Sec. 122. Neutrality on employee or non-employee status. Sec. 123. Applicability. Sec. 124. Severability. Sec. 125. Protection of women's sports and Olympic sports. Sec. 126. Mid-sized conference representation on intercollegiate athletic association governing boards. Sec. 127. Title IX savings clause. Sec. 128. Protecting opportunities for American student athletes. Sec. 129. Disclosure of foreign financing of intercollegiate athletics. Sec. 201. Definitions. Sec. 202. Limitation on liability for transmission of collegiate sports competitions. Sec. 203. Requirements for entities selling media rights. Sec. 204. Market level broadcast access for college football and basketball. Sec. 205. Prohibition on certain conference mergers or acquisition. Sec. 206. Amendments to intercollegiate and interscholastic football contest limitations. Sec. 207. Media rights utilization requirement for college sports other than football and basketball. Sec. 301. Short title. Sec. 302. Grants for improvement of broadband, technology, media, and sports broadcast infrastructure of HBCUs. Sec. 303. Grant uses. Sec. 304. Coordination. Sec. 305. Reports and evaluation. Sec. 306. Definitions. Sec. 307. Authorization of appropriations. TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION SEC. 100. DEFINITIONS. In this title: (1) Antitrust laws.--The term "antitrust laws" has the meaning given that term in the 1st section of the Clayton Act (15 U.S.C. 12) and includes-- (A) section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition; and (B) any similar State antitrust law, including a State law provision that applies to covering unfair methods of competition having the force and effect of law. (2) Associated entity.--The term "associated entity" means any individual or entity, including a collective, that-- (A) is known, or was known, or should have been known to the athletics department staff of an institution to exist, in significant part, for the purpose of-- (i) promoting or supporting a particular institution's intercollegiate athletics program or student athletes; or (ii) creating or identifying name, image, and likeness opportunities solely for a particular institution's student athletes; (B) is or was a member, employee, director, officer, owner, or agent of an individual or entity described in subparagraph (A); (C) directly or indirectly (including contributions by an affiliated entity, individual, or family member) has contributed more than $50,000 over their lifetime to a particular institution or to an individual or entity described in subparagraph (A); (D) has-- (i) been directed or requested by an institution's athletic department staff to assist in the recruitment or retention of student athletes or prospective student athletes; or (ii) otherwise assisted in the recruitment or retention of student athletes or prospective student athletes; or (E) is owned, controlled, or operated by, or otherwise affiliated with the individuals or entities described in subparagraphs (A) through (D), other than a publicly traded corporation. (3) Athlete agent.--The term "athlete agent" has the meaning given that term in section 2 of the Sports Agent Responsibility and Trust Act (15 U.S.C. 7801). (4) Collective.--The term "collective"-- (A) means a person, corporation, booster organization, tax-exempt organization, or other entity that provides donations or other support directly or indirectly to or for the benefit or support of-- (i) a student athlete who is enrolled, or who may enroll, at an institution; or (ii) the intercollegiate athletics program or any booster organization of an institution; and (B) does not include-- (i) an immediate family member of a student athlete; or (ii) an individual or entity that-- (I) licenses trademark rights of an institution; and (II) does not-- (aa) license name, image, and likeness rights of student athletes; or (bb) make payments earmarked or designated to fund name, image, or likeness licenses or other payments to student athletes. (5) Compensation.--The term "compensation"-- (A) means any payment, remuneration, or benefit provided to a student athlete or a prospective student athlete; and (B) does not include-- (i) grants-in-aid; (ii) Federal Pell Grants provided under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) or any other Federal or State grants unrelated to and not awarded with regard to participation in intercollegiate sports; (iii) health insurance and the costs of health care funded by an institution, intercollegiate athletic association, or conference; (iv) disability and loss-of-value insurance, including disability and loss-of-value insurance funded by an institution, intercollegiate athletic association, or conference; (v) career counseling, job placement services, or other guidance available to all students at an institution; (vi) hourly wages and benefits for work performed outside of participating in intercollegiate sports at a rate commensurate with the prevailing rate in the relevant State or locality for similar work; (vii) enhanced education benefits, including academic awards; (viii) financial literacy or tax education resources; or (ix) any program to connect student athletes with employers and facilitate employment opportunities, if-- (I) the financial terms of such employment opportunities are consistent with the terms offered to similarly situated employees who are not student athletes; and (II) such program is not used to induce a student athlete to attend a particular institution. (6) Conference.--The term "conference" means any organization that is not an intercollegiate athletic association and that-- (A) has 2 or more institutions as members; and (B) arranges championships for intercollegiate athletic competitions or sets rules for intercollegiate athletic competition. (7) Cost of attendance.--The term "cost of attendance"-- (A) has the meaning given that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll); and (B) shall be calculated by the financial aid office of an institution applying the same standards, policies, and procedures for all students. (8) Grant-in-aid.--The term "grant-in-aid" means-- (A) a scholarship, grant, stipend, or other form of financial assistance, including the provision of tuition, room, board, books, or funds for fees or personal expenses, that-- (i) is paid or provided by an institution to a student for the undergraduate or graduate education of the student; and (ii) is in an amount that does not exceed the cost of attendance for such student at the institution; and (B) does not include compensation paid to a student athlete. (9) Image.--With respect to a student athlete, the term "image" means a picture, video, computer-generated representation, or other depiction that identifies, is linked to, or is reasonably linked to the student athlete. (10) Institution.--Except as otherwise explicitly provided, the term "institution" has the meaning given the term "institution of higher education" under section 101 of the Higher Education Act of 1965 (20 U.S.C.

Text printed in the Record (10,288 characters)

1001). (11) Intercollegiate athletic association.--The term "intercollegiate athletic association"-- (A) means any organization, not-for-profit corporation, association, or any other group organized in the United States that-- (i) sponsors or arranges intercollegiate athletic competition between institutions; (ii) sets common rules, standards, procedures, or guidelines for the administration of intercollegiate athletic competition; (iii) is composed of 2 or more institutions or conferences that are located in different States or participate in intercollegiate athletic competition in more than 1 State; and (iv) is not a conference; (B) includes-- (i) the National Collegiate Athletic Association; and (ii) any other national intercollegiate athletic association; and (C) does not include a corporation, association, or other group affiliated with professional athletic competition. (12) Intercollegiate athletic competition.--The term "intercollegiate athletic competition" means any intercollegiate sport contest, game, meet, match, tournament, regatta, or other intercollegiate sport event in which student athletes or varsity sports teams compete. (13) Intercollegiate sport.--The term "intercollegiate sport"-- (A) means a sport played between institutions for which eligibility requirements for participation by a student athlete are established by an intercollegiate athletic association; and (B) does not include a recreational, intramural, or club sport. (14) Likeness.--With respect to a student athlete, the term "likeness" means a physical or digital depiction or representation that identifies, is linked to, or is reasonably linked to the student athlete, including -- (A) the uniquely identifiable body, physical characteristics, or voice of the student athlete; (B) any other mark that identifies or distinguishes the student athlete; or (C) the jersey number associated with the student athlete during the period of athletic participation by the student athlete at an institution if the jersey number is accompanied by-- (i) a logo or color scheme that is clearly associated with the institution; or (ii) some other means by which the jersey number is associated with the student athlete. (15) Name.--With respect to a student athlete, the term "name" means the first or last name that identifies the student athlete, a nickname or assumed name of the student athlete, or a username associated with the student athlete on any public-facing internet platform when used in a context that identifies, is linked to, or is reasonably linked to the student athlete. (16) Name, image, and likeness agreement.--The term "name, image, and likeness agreement" means a contract or similar agreement between a student athlete (or group of student athletes) and a conference, institution, intercollegiate athletic association, associated entity, collective, or third party regarding the commercial use of the name, image, and likeness rights of the student athlete (or group of student athletes). (17) Name, image, and likeness rights.--The term "name, image, and likeness rights" means the ability of a student athlete to market and profit from the commercial use of his or her name, image, or likeness. (18) Prospective student athlete.--The term "prospective student athlete" means an individual who is recruited, actively being recruited, or has been contacted for the purposes of recruitment to attend an institution as a student athlete, but has not yet enrolled at the institution. (19) Revenue share cap.--The term "revenue share cap" means the Benefits Pool Limit set forth in the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025), or as modified pursuant to the amendment provision specified in paragraph 55 of that settlement. (20) Student athlete.-- (A) In general.--The term "student athlete" means an individual who is enrolled as a full-time student (as defined in section 668.2 of title 34, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act)) at an institution and who-- (i) makes satisfactory academic progress (as determined in accordance with section 668.34 of such title 34 (as in effect on the day before the date of the enactment of this Act)) toward completing a degree; and (ii) participates in intercollegiate athletic competition or competes for a varsity sports team as part of the institution's educational, developmental, or extracurricular programs. (B) Rule of construction.--Nothing in subparagraph (A)(i) shall be construed to preclude an institution, conference, or intercollegiate athletic association from establishing satisfactory academic progress standards that are more stringent than the requirements described in subparagraph (A)(i), if such standards are required of all student athletes, or in the case of an institution, of all full-time students. (21) Third party.--The term "third party" means an individual or entity that is not an institution, associated entity, collective, conference, or intercollegiate athletic association. (22) Valid business purpose.--The term "valid business purpose" means a purpose genuinely related to the promotion of goods or services provided to the general public for profit. (23) Varsity sports team.--The term "varsity sports team" means a sports team composed of student athletes that is organized by an institution for the purpose of intercollegiate athletic competition. SEC. 101. NAME, IMAGE, AND LIKENESS PROTECTIONS. (a) Student Athlete Name, Image, and Likeness Compensation.-- (1) In general.--Except as provided in this title, an institution, conference, intercollegiate athletic association, or any representative of such an entity may not-- (A) restrict the ability of a student athlete, group of student athletes, or prospective student athlete-- (i) to market or earn compensation for the value of their name, image, or likeness rights; or (ii) to enter into a name, image, and likeness agreement; (B) restrict the eligibility for intercollegiate athletic competition for a student athlete or prospective student athlete on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness; (C) unless otherwise required by law, limit the eligibility or opportunity of a student athlete or prospective student athlete to apply for or receive a grant-in-aid, including the amount, duration, or renewal of such grant-in-aid, on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement, or marketing or earning compensation for the value of their name, image, or likeness; or (D) unless otherwise required by law, revoke, reduce, or decline to renew a grant-in-aid for a student athlete or prospective student athlete based on the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness. (2) Consent and compensation for group use.--An institution, conference, intercollegiate athletic association, collective, third party, or any representative thereof, may not use the name, image, or likeness of any group of student athletes to sell or promote any product or service unless the institution, conference, athletic association, collective, or third party, as the case may be, obtains an agreement from each member of the group for that purpose. (3) Exceptions.-- (A) Certain agreements.--An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete who enters into a name, image, and likeness agreement that violates the code of student conduct of the institution that applies to all students enrolled at the institution. (B) Certain uses.--An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete if, in connection with a name, image, and likeness agreement, the student athlete or prospective student athlete uses a facility, uniform, equipment, registered or unregistered trademark, copyright-protected product, or the official logo, mark, or other indicia of the institution without the express consent of the institution. (b) Mandatory Disclosures by Student Athletes.-- (1) In general.--All student athletes shall report to their institution and their intercollegiate athletic association, or to an entity designated by their intercollegiate athletic association and under the control of that intercollegiate athletic association pursuant to the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025)-- (A) not later than 5 days after entering into a name, image, and likeness agreement, the terms of any such agreement, including the amount and source, that exceeds $600 in value, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period; and (B) to the extent not reported under subparagraph (A), not later than 30 days after receiving compensation for the name, image, or likeness of the student athlete, the amount and source of any such compensation that exceeds $600, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period. (2) Mandatory disclosures by recruited athletes.--With respect to a student athlete or prospective student athlete who is recruited to attend, but is not yet enrolled in, an institution, the student athlete or prospective student athlete shall report to the institution at which the student athlete enrolls and their intercollegiate athletic association, or to an entity designated by that intercollegiate athletic association and under the control of that intercollegiate athletic association pursuant to the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal.

Text printed in the Record (11,452 characters)

June 6, 2025)-- (A) the terms of any current or ongoing name, image, and likeness agreement that exceeds $600 in value, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period; and (B) to the extent not reported under subparagraph (A), the amount and source of any current or ongoing name, image, and likeness compensation that exceeds $600, including multiple payments, remunerations, or benefits from the same person that exceeds a total of $600 over a 12-month period. (3) Exception.-- (A) In general.--Paragraphs (1) and (2) shall not apply to either marketing or earning compensation for the value of the name, image, and likeness rights of a student athlete or to the compensation within a name, image, and likeness agreement in which a student athlete receives less than $600, including multiple payments, remunerations, or benefits from the same person that totals less than $600 over a 12-month period. (B) Adjustment for inflation.--The amount described in subparagraph (A) shall be adjusted for inflation by the percent increase, if any, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period for which applicable data is available. (4) Release of information.--Except as provided in section 104 or as necessary to comply with this Act, an institution may not release any information that would identify a student athlete or prospective student athlete in a disclosure under paragraph (1) or (2) without the express written consent of the student athlete, prospective student athlete, athlete agent of the student athlete or prospective student athlete, or, in case of a minor, the parent or legal guardian of the minor. (5) Limitation.--This subsection shall apply only to student athletes and prospective student athletes of institutions whose primary membership is in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw. (c) Name, Image, or Likeness Compensation by Institutions.--Subject to the requirements of this title, an institution, intercollegiate athletic association, conference, collective, associated entity, or third party, may pay, provide, or facilitate compensation to a student athlete for the use of the name, image, or likeness of the student athlete. (d) Right to Representation.--An institution, intercollegiate athletic association, or conference may not restrict the eligibility for intercollegiate athletic competition, or any other event or activity relating to intercollegiate athletic competition, of a prospective student athlete or student athlete based on the prospective student athlete or student athlete having obtained an athlete agent or legal representative. (e) Educational Resources Regarding This Title.--An intercollegiate athletic association shall provide student athletes and prospective student athletes and the parents or guardians of student athletes or prospective student athletes with educational materials relating to this title. SEC. 102. MODIFICATIONS TO SPORTS AGENT RESPONSIBILITY AND TRUST ACT. (a) In General.--The Sports Agent Responsibility and Trust Act (15 U.S.C. 7801 et seq.) is amended-- (1) in section 2 (15 U.S.C. 7801)-- (A) in paragraph (1), by striking "an oral or written agreement" and inserting "a written agreement"; (B) in paragraph (5), by inserting before the period the following: "and includes any name, image, and likeness agreement as defined in section 100 of the Protect College Sports Act of 2026"; (C) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and (D) by inserting after paragraph (5) the following: "(6) Intercollegiate athletic association.--The term `intercollegiate athletic association' has the meaning given that term in section 100 of Protect College Sports Act of 2026"; (2) in section 3 (15 U.S.C. 7802)-- (A) in subsection (a)-- (i) in paragraph (2), by striking "or" at the end; (ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: "(4) enter into an agency contract or represent a student athlete in a manner that violates section 9; "(5) charge a student athlete a fee in connection with an endorsement contract that exceeds 5 percent of the value of the endorsement contract; "(6) enter into an agency contract with an athlete for a term that extends beyond the eligibility of the student athlete to participate in intercollegiate sport; "(7) make any materially false, deceptive, or fraudulent representation as an athlete agent, including any materially false, deceptive, or fraudulent statement to a student athlete or prospective student athlete that misrepresents the existence, nature, or value of a name, image, or likeness opportunity the athlete agent can arrange on behalf of the student athlete or prospective student athlete through recruitment or transfer to an institution (as defined in section 100 of the Protect College Sports Act of 2026); or "(8) make a materially false, deceptive, or fraudulent statement in the application for registration as an athlete agent."; and (B) in subsection (b)(3), by striking "Warning to Student Athlete: If you agree orally or in writing to be represented by an agent now or in the future you may lose your eligibility to compete as a student athlete in your sport."; (3) by inserting after section 5 (15 U.S.C. 7804) the following: "SEC. 5A. PRIVATE RIGHT OF ACTION. "(a) In General.--Any current or former student athlete alleging a violation of paragraphs (4) through (8) of section 3(a), section 9, or section 10 may bring a civil action in an appropriate district court of the United States or in an appropriate State court. "(b) Relief.--In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award-- "(1) a declaratory judgment that a name, image, or likeness agreement (as defined in section 100 of the Protect College Sports Act of 2026) or an agency contract, as applicable, is null and void; and "(2) actual damages. "(c) Attorney's Fees and Costs.--In a civil action brought under subsection (a) in which the defendant is not an institution (as defined in section 100 of the Protect College Sports Act of 2026), the court may, in its discretion, award reasonable attorney's fees and litigation costs. "(d) Invalidity of Pre-dispute Arbitration Agreements and Pre-dispute Joint Action Waivers.-- "(1) In general.--Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable against a student athlete with respect to a dispute arising under this Act. "(2) Applicability.--Any determination as to whether or how paragraph (1) applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether the agreement or waiver that is the subject of the dispute purports to delegate such determination to an arbitrator. "(3) Definitions.--In this subsection: "(A) Pre-dispute arbitration agreement.--The term `pre-dispute arbitration agreement' means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement. "(B) Pre-dispute joint-action waiver.--The term `pre-dispute joint-action waiver' means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement."; and (4) by adding at the end the following: "SEC. 9. REGISTRATION OF ATHLETE AGENTS AND OTHER REQUIREMENTS. "(a) In General.--An athlete agent who seeks to represent a student athlete in an endorsement contract shall-- "(1) register with a State before representing a student athlete for an endorsement contract; and "(2) enter into an agency contract with the student athlete before providing representation in an endorsement contract. "(b) Registration Established.--An individual is deemed to be registered with a State for purposes of this section if the individual is-- "(1) a registered professional sports agent with a professional sports league or players association, in good standing; or "(2) registered and certified under the All State Uniform Agent Acts in the State in which the agent operates, in good standing. "(c) Certification to Intercollegiate Athletic Associations.-- "(1) Requirement.--An athlete agent that represents a student athlete shall certify to each applicable intercollegiate athletic association that the athlete agent is registered with a State. "(2) Prohibition.--It is unlawful for an individual to certify to an intercollegiate athletic association that the individual is an athlete agent if the individual is not registered with a State. "(d) Requirements for Agency Contracts.--To be a valid contract, an agency contract shall-- "(1) state the name of each party to the contract; "(2) state the term of the contract; "(3) state the registration information for the athlete agent; and "(4) state the fee or commission charged by the athlete agent. "SEC. 10. ENDORSEMENT CONTRACT REQUIREMENTS. "An endorsement contract made in interstate or foreign commerce is, at the option of the student athlete, void from the inception of such contract if such contract does not satisfy the following requirements: "(1) The contract is in writing. "(2) The contract plainly states that the student athlete has the right to obtain or retain an athlete agent or legal representation with respect to the contract. "(3) The contract contains-- "(A) a description of services rendered; "(B) the names of each party to the contract; "(C) the terms of the contract; "(D) the amount of compensation to be provided to the student athlete under the contract; "(E) a provision specifying the circumstance or event that would result in the termination of the contract due to nonperformance of obligations by the student athlete or other parties to the contract; and "(F) a provision specifying that the validity and effectiveness of the contract, and the provision of compensation to the student athlete under the contract, is not conditioned upon any express or implicit requirement that the student athlete enroll or remain enrolled at an institution or reside in a particular location within the United States, unless the party making the contract with the student athlete is an institution, conference, associated entity, or collective affiliated with the institution and the contract is entered into after the student athlete has enrolled at such institution. "(4) The contract is not for a term that extends beyond the eligibility of the student athlete to participate in intercollegiate sports.". (b) Clerical Amendments.--The table of contents for the Sports Agent Responsibility and Trust Act is amended-- (1) by inserting after the item relating to section 5 the following: "Sec. 5A. Private right of action."; and (2) by adding at the end the following: "Sec. 9. Registration of athlete agents and other requirements. "Sec. 10. Endorsement contract requirements.". SEC. 103.

Text printed in the Record (10,725 characters)

AGENT REGISTRY REQUIREMENTS FOR INTERCOLLEGIATE ATHLETIC ASSOCIATIONS. (a) Requirements of Intercollegiate Athletic Associations.--An intercollegiate athletic association shall maintain a publicly available website that includes a searchable database of athlete agents that-- (1) are registered with a State and certified pursuant to section 9 of the Sports Agent Responsibility and Trust Act, as added by section 102; and (2) have certified compliance with all rules and bylaws of such intercollegiate athletic association, including any recruitment and tampering rules adopted under section 117. (b) Decertification Permitted.-- (1) In general.--An intercollegiate athletic association may decertify or fine an athlete agent for any violations of section 9 of the Sports Agent Responsibility and Trust Act, as added by section 102, or any violation of section 117 on recruitment and tampering. (2) Effect of decertification.--An athlete agent that is decertified pursuant to paragraph (1) may not represent or contact a student athlete or prospective student athlete of an institution that is a member of such intercollegiate athletic association. SEC. 104. DISCLOSURES AND ESTABLISHMENT OF NAME, IMAGE, AND LIKENESS AGREEMENT DATABASE. (a) Disclosures by Institutions.-- (1) Disclosure of data on name, image, and likeness agreements.--Not later than July 1 of the first year beginning after the date of the enactment of this Act, and each July 1 thereafter, each institution shall disclose to the intercollegiate athletic association of which the institution is a member, in an anonymized manner, the following data: (A) With respect to each name, image, and likeness agreement disclosed to the institution by a student athlete as required by section 101(b)-- (i) a description of services rendered; and (ii) the amount of compensation to be provided to the student athlete or group of athletes under the agreement. (B) With respect to each name, image, and likeness agreement entered into between the institution and a student athlete, and any other compensation provided or to be provided by an institution to a student athlete-- (i) the amount of compensation provided or to be provided to the student athlete by the institution; and (ii) disaggregated by intercollegiate sports program-- (I) the number of agreements and payments; (II) the average value of the agreements and payments; and (III) the total value of the agreements and payments. (2) Report on revenue and student outcomes.--Not later than 60 days after the date on which an academic year ends, each institution with 1 or more intercollegiate sports programs shall submit to the governing athletic association for such institution a report that includes, for the academic year, the following: (A) The amount of revenues and expenditures of each such sports program, including the amount of associated entity and third-party donations, Federal funds, and State funds, including the total amount of remuneration for personnel of each intercollegiate sports program, individually by program and in the aggregate. (B) The average number of hours student athletes spent on intercollegiate athletic events and intercollegiate athletic competition, disaggregated by sports program. (C) The academic outcomes and majors for student athletes, disaggregated by sports program. (3) Treatment of men's and women's programs.--An institution shall treat men's and women's sports programs as distinct sports programs for the purposes of disclosure and reporting obligations under this subsection. (4) Protection of personally identifiable information.--In making a disclosure under paragraph (1), an institution shall ensure that no personally identifiable information of a student athlete is transmitted to an intercollegiate athletic association. (b) Disclosures by Associations and Database.-- (1) In general.--Not later than September of the first year beginning after the date of the enactment of this Act, each intercollegiate athletic association shall establish and maintain a publicly accessible, searchable database for student athletes and their agents to estimate the fair market value for name, image, and likeness agreements, which shall include data collected under subsection (a)(2). (2) Content of database.--An intercollegiate athletic association shall include the data reported by institutions pursuant to paragraphs (1) and (2) of subsection (a) in the database described in paragraph (1). (3) Update of database.--An intercollegiate athletic association shall update the database described in paragraph (1) each September 1. (4) Privacy.--An intercollegiate athletic association shall take reasonable technical measures to ensure that information available in the database described in paragraph (1) may not be used to identify a student athlete. (c) Limitation.--This section shall apply only to institutions whose primary membership is in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, and shall not apply to any Division II or Division III institution (as so defined) that participates in a limited number of sports at the Division I level. SEC. 105. ACADEMIC PROTECTIONS. (a) Prohibitions Relating to Coursework and Extracurricular Activities.-- (1) In general.--An employee or volunteer of an athletic department of an institution may not-- (A) exert undue pressure over or prevent a student athlete from selecting a course or an academic major of the student athlete's choice; (B) retaliate against a student athlete based on the student athlete's selection of any course or academic major; or (C) prevent a student athlete who seeks to secure employment or internships, participate in student groups or events, or serve as a volunteer from doing so, unless such activity interferes with mandatory class time or mandatory events related to intercollegiate athletic competition or membership on a varsity sports team. (2) Participation in athletic related activities.--In order to ensure each student athlete makes satisfactory progress toward the completion of a degree, each intercollegiate athletic association and any institution that is a member of such association may limit a student athlete to only participate in countable athletic-related activities as part of the educational, developmental, or extracurricular programs of the institution. (3) Rule of construction.--Paragraph (1) may not be construed as preventing an institution, an athletic department of an institution, or a representative thereof from-- (A) informing a student athlete of academic eligibility requirements and mandatory and expected team activities; or (B) providing other legitimate academic counseling and support services, in collaboration with the institution, to help the student athlete pursue the academic interests of and improve academic outcomes for the student athlete. (b) Financial Literacy and Life Skills.--An institution that offers financial literacy and life skills programming directed to student athletes may not include any marketing, advertising, referral, or solicitation offers in such programming. (c) Scholarship Protections.-- (1) In general.--Except as provided in paragraph (2), an institution that awards a grant-in-aid to a student athlete may not revoke, reduce, or condition the grant-in-aid of the student athlete-- (A) based on the athletic ability or performance of the student athlete or the contribution of the student athlete to the success of a varsity sports team; (B) as a result of an injury or illness based on a physical or mental medical condition of the student athlete; or (C) roster management decisions. (2) Exception.-- (A) In general.--An institution may revoke, reduce, or condition the grant-in-aid of a student athlete or former student athlete who-- (i) transfers to another institution; or (ii) does not remain in good standing in accordance with-- (I) the standards or code of conduct of the institution applicable to all students; (II) the established athletics program policies for participating in mandatory team athletic activities for a varsity sports team; or (III) the academic standards for athletic eligibility. (B) Notice.--An institution shall provide a student athlete with timely written notice with respect to any possible revocation or reduction of, or condition on, the grant-in-aid or athletic eligibility of the student athlete. (C) Reinstatement.--In the case of a revocation or reduction of, or condition on, the grant-in-aid of a student athlete under this paragraph, an institution may reinstate or remove any condition placed on such grant-in-aid if the student athlete subsequently cures or satisfies the reasons provided by the notice in subparagraph (B). (D) Former student athletes.-- (i) In general.--With respect to a former student athlete described in clause (ii), an institution shall provide the former student athlete-- (I) the opportunity to resume study at the institution for the purpose of completing the requirements necessary to earn a degree; and (II) either-- (aa) the amount of grant-in-aid the former student athlete received while previously enrolled at the institution and participating-- (AA) in intercollegiate athletic competition; or (BB) as a member of a varsity sports team; or (bb) in the case of grant-in-aid previously awarded solely on the basis of demonstrated financial need, grant-in-aid awarded based on the current demonstrated financial need of the former student athlete. (ii) Former student athlete described.--A former student athlete described in this subparagraph is a former student athlete of an institution who-- (I) was enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition during the preceding 10-year period; (II) received grant-in-aid while enrolled at the institution; (III) was not subject to the revocation of grant-in-aid under subparagraph (A)(ii)(I); and (IV) has not completed the course of study for an undergraduate degree. (E) Rule of construction.--Nothing in this paragraph may be construed to preclude-- (i) an institution from providing additional grant-in-aid protections for student athletes or former student athletes; or (ii) an intercollegiate athletic association, conference, institution, student athlete, or former student athlete from requesting or advocating for additional grant-in-aid protections. (3) Limitation.--Paragraph (2)(D) shall apply only to institutions that compete in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw. SEC. 106.

Text printed in the Record (9,421 characters)

MEDICAL COVERAGE REQUIREMENTS. (a) In General.--Each Division I institution, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, each institution whose primary membership is in Division II or Division III (as so defined) only with respect to student athletes of the institution who compete in Division I, or an intercollegiate athletic association or conference comprised of Division I member institutions shall provide or cause to be provided-- (1) during the participation of a student athlete in an intercollegiate sport-- (A) all out-of-pocket medical expenses, such as copayments or deductibles, for the health care coverage of a student athlete for any injury or disease incurred through participation in an intercollegiate sport; (B) the expense for obtaining a medical second opinion independent of the institution for any injury or disease the student athlete incurred through participation in an intercollegiate sport; (C) catastrophic injury medical insurance for any injury or disease incurred through participation in an intercollegiate sport that exceeds $90,000 in medical costs; and (D) an end-of-college physical examination for a student athlete for the purpose of documenting and diagnosing any injury or condition related to the student athlete's participation in an intercollegiate sport; and (2) with respect to a student athlete enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition, for the 5-year period beginning on the day after the last intercollegiate competition for the student athlete, the cost of all out-of-pocket medical expenses of the student athlete for health care coverage for any injury or disease incurred through participation in an intercollegiate sport. (b) Intercollegiate Athletic Association Post-eligibility Insurance and Catastrophic Injury Fund or Program.-- (1) In general.--An intercollegiate athletic association comprised of member institutions that compete in Division I, Division II, or Division III, as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw, on behalf of its member institutions must establish a fund or program to help cover the cost of-- (A) in the case of a Division I institution that generates less than $20,000,000 in total annual athletics revenue during the preceding academic year, compliance with subsection (a)(2) (or, in the case of a Division II or Division III institution, voluntary compliance with subsection (a)(2)), in the event of demonstrated financial hardship; and (B) post-eligibility medical expenses for the student athletes of a member institution who are diagnosed with significant long-term conditions related to their participation in an intercollegiate sport, including chronic traumatic encephalopathy and any other cognitive impairment. (2) Amount of fund.-- (A) In general.--Subject to increases under subparagraph (B) and the limitation under subparagraph (C), the intercollegiate athletic association described in this subsection shall ensure that the fund or program established under this subsection is funded at an amount that totals not less than $60,000,000 on the first day of each academic year. (B) Subsequent increase.--Subject to the limitation under subparagraph (C), if the amount funded for the fund or program established under this subsection is depleted for an academic year, that amount for the next academic year shall be increased by $5,000,000 as compared to the amount for the previous academic year. (C) Limitation.--The amount funded for the fund or program established under this subsection shall not exceed $100,000,000. (3) Use of collective media rights.--In ensuring that the fund or program established under paragraph (2) is adequately funded, an intercollegiate athletic association may use the collective media rights revenue from a covered entity, in accordance with section 5(d)(3) of the Sports Broadcasting Act of 1961, as added by section 203. (c) Rule of Construction.--Nothing in this section may be construed to preclude-- (1) an intercollegiate athletic association, conference, or institution from providing or causing to be provided to student athletes medical coverage in addition to the medical coverage required by subsection (a); or (2) an intercollegiate athletic association from exceeding $60,000,000 for the fund or program established in subsection (b) for any academic year. SEC. 107. HEALTH, WELLNESS, AND SAFETY STANDARDS. (a) Establishment of Standards.--Not later than 270 days after the date of the enactment of this Act, each institution, conference, and intercollegiate athletic association shall adhere to standards to protect student athletes from sports-related serious injury, conditions, and death, including-- (1) brain injury, by adhering to the concussion management practices, protocols, and legislation of the National Collegiate Athletic Association effective January 15, 2024, and as amended to strengthen protections for student athletes; (2) heat-related illness, by adhering to the American College of Sports Medicine Expert Consensus Statement on Exertional Heat Illness: Recognition, Management, and Return to Activity (April 2023), and as amended to strengthen protections for student athletes; (3) rhabdomyolysis, in accordance with the guidelines of the National Collegiate Athletic Association for exertional rhabdomyolysis published in 2025, and as amended to strengthen protections for student athletes; and (4) for any student athlete who is identified with-- (A) sickle cell trait, by following the guidelines published by the National Collegiate Athletic Association in 2025, and as amended to strengthen protections for student athletes; and (B) asthma, by following the guidelines of the National Athletic Trainers' Association Position Statement: Management of Asthma in Athletes (September 2005), and as amended to strengthen protections for student athletes. (b) Measures To Prevent, Assess, and Remediate Abuse or Misconduct.--Each institution, conference, and intercollegiate athletic association shall take reasonable actions to prevent, assess, and remediate-- (1) abuse or hazing of any student athlete, including physical and sexual abuse; and (2) sexual assault, sexual misconduct, and sexual harassment. (c) Provision of Information on Contact for Student Athlete Ombudsman.-- (1) Intercollegiate athletic association.--An intercollegiate athletic association shall provide to student athletes information on how to contact the Office of the Student Athlete Ombudsman, as established in section 108, on the internet website of the association. (2) Institution.--At the beginning of each academic year, an institution shall provide to student athletes information on how to locate the website specified under paragraph (1) or a link to the website and information on how to contact the Office of the Student Athlete Ombudsman, as established in section 108. (d) Athletic Health and Safety Officers.-- (1) In general.--Each institution shall designate an employee, who is independent of the athletic department, as the athletic health and safety officer for the institution. (2) Reporting.--The athletic health and safety officer designated under paragraph (1) shall report to an employee of the institution who is independent of the athletic department. (3) Officer responsibilities.--An employee who is designated by an institution under paragraph (1) as an athletic health and safety officer shall be responsible for, at a minimum-- (A) overseeing implementation of the applicable requirements the institution is subject to under this section, including any applicable training, oversight practices, policies, and procedures; and (B) consulting with student athletes and athletic department personnel and reporting any suspected violations of this section to the employee specified under paragraph (2). (e) Independence of Medical Professionals.-- (1) In general.--Medical personnel, including athletic trainers, physical therapists, and physicians, shall have the autonomous, unchallengeable authority to determine medical management and return to play decisions for student athletes under their care at an institution. (2) Limitation on nonmedical personnel.--No coach or other nonmedical personnel of an institution may attempt to influence or disregard the decisions of medical personnel with respect to the medical management and return to play decisions for student athletes under their care at the institution. (f) Rule of Construction.--Nothing in this section may be construed to preclude-- (1) an intercollegiate athletic association, conference, institution, or State from establishing additional health, wellness, and safety standards to protect student athletes, including additional sexual assault, sexual misconduct, and sexual harassment standards in addition to those specified in subsection (b); or (2) an intercollegiate athletic association, conference, institution, or student athletes from requesting or advocating for additional health, wellness, and safety standards to protect student athletes. (g) Intercollegiate Athletic Association Oversight.--An intercollegiate athletic association shall take reasonable actions to ensure that its member institutions comply with this section. SEC. 108.

Text printed in the Record (10,911 characters)

OFFICE OF THE STUDENT ATHLETE OMBUDSMAN. (a) In General.--An intercollegiate athletic association shall establish an office to support student athletes, known as the "Office of the Student Athlete Ombudsman" (in this section referred to as the "Office"). (b) Duties.--The Office shall-- (1) provide independent advice to student athletes at no cost about the applicable requirements of this title and the amendments made by this title, including with respect to their rights and responsibilities and the resources available; (2) assist in the resolution of student athlete concerns regarding the intercollegiate athletic association, conferences, or institutions; (3) provide independent advice to student athletes with respect to the role, responsibility, authority, and jurisdiction of the intercollegiate athletic association, conferences, or institutions; (4) provide student athletes with current contact information for external third-party resources for student athletes; (5) provide independent advice to student athletes with respect to the relative value of engaging legal counsel; (6) develop standard language to explain the rights and responsibilities of student athletes under this Act that institutions shall be required to conspicuously display in common areas where student athletes congregate, such as locker rooms, dormitories, or study areas, to ensure that student athletes are properly informed of their rights, responsibilities, and ability to contact the Ombudsman; and (7) as appropriate, develop curricula to educate student athletes on their rights and responsibilities under this Act that is capable of being shared through in person or online classes, training sessions, or other means. (c) Administration.--An intercollegiate athletic association shall hire and provide salary, benefits, and administrative expenses for an Ombudsman and support staff for the Office. (d) Confidentiality.-- (1) In general.--The Office shall maintain as confidential any information communicated or provided to the Office in confidence in any matter involving the exercise of the official duties of the Office. (2) Exception.--The Office may, with the permission of the parties involved, disclose information described in paragraph (1) as necessary to resolve or mediate a dispute. (3) Application.--The confidentiality requirements under this subsection shall not apply to information-- (A) as necessary to comply with applicable reporting requirements mandated by Federal law; (B) relating to a felony personally witnessed by a member of the Office; (C) if necessary to protect an individual at imminent risk of serious harm; or (D) with the permission of the parties involved, as necessary to resolve or mediate a dispute. (4) Judicial and administrative proceedings.-- (A) In general.--The Ombudsman and any staff of the Office shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the Office. (B) Confidentiality.--Any memorandum, work product, notes, or case file of the Office-- (i) shall be confidential; and (ii) shall not be-- (I) subject to discovery, subpoena, or any other means of legal compulsion; or (II) admissible as evidence in a judicial or administrative proceeding. (5) Prohibition on retaliation.--No employee, contractor, agent, volunteer, or member of an intercollegiate athletic association, a conference, or an institution shall take or threaten to take any action against a student athlete as a reprisal for disclosing information to or seeking assistance from the Office. (e) Independence in Carrying Out Duties.--The board of directors or other governing board or committee of an intercollegiate athletic association, a conference, or an institution shall not prevent or prohibit the Office from carrying out any duty or responsibility under this section. SEC. 109. COMPARABLE STANDARDS FOR ACCESS TO FACILITIES, SERVICES, AND EVENTS. Intercollegiate athletic associations and conferences shall maintain comparable standards for medical care, lodging, meals, rest, transportation, publicity and promotion, and, if applicable, athletic facilities for championship events or tournaments, across similarly situated men's and women's athletic programs. SEC. 110. RULES GOVERNING CERTAIN MID-SEASON COACHING TRANSITIONS. (a) In General.--An individual who serves, or has served at any point during a competitive season, as football athletic personnel for a varsity sports team for intercollegiate football at an institution shall not, during that same competitive season, perform for another institution any duties or responsibilities customarily associated with a head coach of a varsity sports team for intercollegiate football, including, at a minimum-- (1) recruiting or contacting prospective or current student athletes; (2) directing, participating in, or materially influencing recruiting strategy or evaluations; (3) directing, participating in, or materially influencing roster management decisions, including decisions relating to transfers; (4) facilitating, coordinating, negotiating, or otherwise materially influencing name, image, and likeness activities involving student athletes; (5) directing, supervising, or materially influencing coaching staff or team operations; (6) participating in practice planning, game preparation, strategic decision-making, or on-field activities; (7) publicly representing the institution in an intercollegiate football-related capacity in a manner that reflects or implies authority over the intercollegiate football program; and (8) undertaking any other activity customarily associated with a head coach of a varsity sports team for intercollegiate football. (b) Application.--Subsection (a) shall apply without regard to title, formal designation, compensation structure, employment status, or timing of any public announcement, and the applicable intercollegiate athletic association may prohibit any arrangement that, in substance or effect, provides an individual described in subsection (a) with authority or responsibilities customarily exercised by a head coach. (c) Determination of Ineligibility.--An individual described in subsection (a) who accepts employment, appointment, or designation as head coach of a varsity sports team for intercollegiate football at another institution during the same competitive season is ineligible to participate in intercollegiate athletic competition for intercollegiate football as head coach for the hiring institution through the conclusion of the competitive season, including any postseason competition, of the prior institution or the hiring institution, whichever occurs later. (d) Penalties for Non-compliance.--In the event an individual who accepts employment, appointment, or designation as head coach of a varsity sports team for intercollegiate football at another institution violates this section, that individual shall be ineligible to assume the duties as head coach of the varsity sports team for intercollegiate football at the hiring institution for the subsequent competitive season after the season in which the violation occurred and be subject to additional penalties sufficient to ensure compliance with this section. (e) Application.--This section applies only to institutions that compete in the Football Bowl Subdivision, as defined by bylaw 20.9.9 of the National Collegiate Athletic Association, or a successor bylaw. (f) Definitions.--In this section: (1) Applicable intercollegiate athletic association.--The term "applicable intercollegiate athletic association" means only an intercollegiate athletic association that has at least one member institution that is a member of the Football Bowl Subdivision, as defined by bylaw 20.9.9 of the National Collegiate Athletic Association, or a successor bylaw. (2) Competitive season.--The term "competitive season" means the period beginning with the first regularly scheduled intercollegiate athletic competition for intercollegiate football for an institution during a season and ending with the conclusion of the final intercollegiate athletic competition for intercollegiate football for the institution during that season. (3) Football athletic personnel.--The term "football athletic personnel" means any individual employed by, contracted with, or otherwise engaged by an institution who provides coaching, instruction, recruiting, roster management, or training as the head coach or a coordinator, including an offensive, defensive, or special teams coordinator, of student athletes who are members of or participate with the varsity sports team for intercollegiate football of the institution. (4) Intercollegiate football.--The term "intercollegiate football"-- (A) means football played between institutions for which eligibility requirements for participation by a student athlete are established by an intercollegiate athletic association; and (B) does not include a recreational, intramural, or club sport. SEC. 111. STUDENT ATHLETE REPRESENTATION ON INTERCOLLEGIATE ATHLETIC ASSOCIATION GOVERNING BOARDS. (a) In General.--Not less than 1/3 of the membership and voting power of any board of directors or other governing board, or committees with authority to establish and enforce rules or bylaws shall be comprised of current student athletes or former student athletes who have graduated from their institution during the preceding 10-year period. (b) Limitation.-- (1) A former student athlete who is a current or former employee of an intercollegiate athletic association, a conference, or a member institution may not count towards the student athlete membership requirement pursuant to subsection (a); and (2) no member of any such board or committee shall vote on any matter that presents a conflict of interest for such member. SEC. 112. TRANSFER PROTECTIONS. An institution, a conference, an intercollegiate athletic association, or any representative of such entity shall permit a student athlete to transfer from one four-year institution to another four-year institution-- (1) once without losing or delaying eligibility to participate in intercollegiate sports; (2) except as provided in paragraph (3), a second time with a loss of eligibility to participate in intercollegiate sports during the first academic year following the transfer; and (3) additionally, without losing or delaying eligibility to participate in intercollegiate sports, upon-- (A) discontinuation of a sport in which the student athlete competes; (B) the departure of the head coach of the student athlete's varsity sports team; (C) sexual assault or harassment of the student athlete by an individual associated with the student athlete's institution; or (D) the student athlete pursuing a graduate degree. SEC. 113.

Text printed in the Record (8,328 characters)

ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE SPORTS. (a) In General.--An individual is eligible to participate on a Division I or Division II (as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw) varsity sports team or in intercollegiate athletic competition for a Division I or Division II institution (as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw) if the individual-- (1) is a student athlete; (2) meets uniform academic standards established by the relevant intercollegiate athletic association, conference, or institution; (3) is not a professional athlete; and (4) complies with established rules that restrict eligibility for violations of State or Federal law. (b) Years of Eligibility.-- (1) In general.--Subject to paragraph (2), a student athlete is eligible to compete in intercollegiate athletic competition for a Division I or Division II institution (as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw) for a maximum of 5 calendar years beginning on, whichever occurs first-- (A) the beginning of the academic year following the 19th birthday of the student athlete; or (B) the date the student athlete initially enrolls full time at an institution. (2) Exceptions.--Paragraph (1) does not apply during a period of absence for any of the following: (A) Reasons of pregnancy. (B) Religious mission. (C) Active-duty military service. (D) Other periods of absence, which may include serious athletic injury or medical condition, adopted by rule or bylaw by an intercollegiate athletic association that apply uniformly to all student athletes. (c) Restrictions on Eligibility.-- (1) In general.--An intercollegiate athletic association or a conference may restrict the eligibility of a student athlete to participate in intercollegiate sports if the student athlete-- (A) used an illegal or performance enhancing drug; or (B) participated in sports wagering activities or sports-related event contracts. (2) Code of conduct.--An institution may restrict the eligibility of a student athlete to participate in intercollegiate sports if the student athlete violated the code of conduct of the institution that applies to all students. (d) Clarification on Youth Activities and Prize Money.--For purposes of subsection (a)(3)-- (1) a student athlete who competes in basketball shall not be considered a professional athlete based on their participation in athletic competitions prior to, whichever occurs first-- (A) the 19th birthday of the student athlete; or (B) the date the student athlete initially enrolls full time at an institution; and (2) a student athlete who competes in a sport other than football or basketball shall not be considered a professional athlete based solely on the amount of prize money the student athlete received based on place finish or performance in an athletic event before or after enrollment in an institution, so long as-- (A) the prize money was provided only by the sponsor of the athletics event; and (B) the sponsor of the athletics event is not an institution, employee of an institution, volunteer of an institution, collective, or an associated entity. (e) Transfer From 2-year Institution.--No intercollegiate athletic association or conference shall require a student athlete who transfers from a 2-year institution to a 4-year institution to meet additional or more stringent academic standards than the academic standards required for student athletes who transfer from a 4-year institution. (f) Rule of Construction.--Nothing in this section shall be construed to restrict the ability of an institution to-- (1) require student athletes to meet or maintain academic standards that are in addition to, or more stringent than, the standards described in subsection (a) if such standards are required of all students enrolled at the institution; (2) discipline or sanction a student athlete for violating a rule, regulation, or code of conduct that applies to all students enrolled at the institution; or (3) discipline or sanction a student athlete for violating a rule, regulation, or a code of conduct that applies to all student athletes participating in intercollegiate athletic competition at that institution. SEC. 114. PROHIBITED COMPENSATION AND AGREEMENTS. (a) Certain Agreements and Compensation Prohibited.-- (1) Prohibition.--An institution, an employee of an institution, a volunteer of an institution, a conference, an employee of a conference, or an associated entity shall not-- (A) except as provided in paragraph (2) and subsection (b), arrange, provide, offer, or permit, directly or indirectly, compensation in an amount that would circumvent or result in the institution exceeding the revenue share cap to-- (i) a student athlete, a group of student athletes, or their family members; or (ii) a prospective student athlete, a group of prospective student athletes, or their family members; (B) except for a name, image, and likeness agreement between a student athlete and an institution or between a prospective student athlete and an institution, enter into a name, image, and likeness agreement with a student athlete or prospective student athlete that is not-- (i) for a valid business purpose; and (ii) commensurate with compensation paid by third parties to individuals with a similar profile, reputation, or notability who are not student athletes or prospective student athletes at the institution; or (C) provide compensation for any purpose to a prospective student athlete prior to enrollment in an institution, but nothing in this subparagraph shall prohibit an institution from providing compensation to attend a development camp or program if that camp or program is open to non-prospective student athletes and such compensation does not exceed the reasonable costs of attendance. (2) Retention fund.-- (A) Retention fund exception.--Except as provided in subparagraph (B), an institution may exceed the revenue share cap by not more than $22,500,000 per academic year for the purpose of retaining a student athlete or group of student athletes who have spent at least one full competitive season at the institution. (B) Non-revenue generating intercollegiate sports programs.-- (i) In general.--An institution may further exceed the revenue share cap for the purpose described in subparagraph (A) by up to an additional $5,000,000 per academic year in proportion to the amount of name, image, and likeness compensation provided by the institution through the revenue share cap described in subsection (a)(1) and the retention fund amount described in subparagraph (A) to a student athlete or group of student athletes competing in non-revenue generating intercollegiate sports programs, including women's and Olympic intercollegiate sports programs. (ii) Clarification.--Nothing in clause (i) shall be interpreted to preclude an institution from providing name, image, and likeness compensation through the revenue share cap described in subsection (a)(1) and the retention fund amount described in subparagraph (A) in excess of $5,000,000 to a student athlete or group of student athletes competing in non-revenue generating intercollegiate sports programs, including women's and Olympic intercollegiate sports programs, provided such compensation complies with subparagraph (A) and subsection (a)(1). (C) Time limitation.--The exception described in subparagraph (A) shall apply only during the nine-year period beginning on the date of the enactment of this Act. (D) Academic success limitation.--An institution shall not be eligible for the exception described in subparagraph (A) if the institution fails to meet uniform benchmarks established by the relevant intercollegiate athletic association or conference related to graduation rates and the academic progress of its student athletes participating in a varsity sports program. (b) Personal Athletic and Education Benefits Permitted.--An intercollegiate athletic association, a conference, an institution, or any representative thereof shall not, pursuant to the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal.

Text printed in the Record (9,415 characters)

June 6, 2025), restrict the ability of a student athlete enrolled at an institution to receive compensation from an intercollegiate athletic association, an institution, a conference, or an associated entity, for personal benefits related to education or intercollegiate athletics, if those benefits are-- (1) reasonable costs of transportation and temporary lodging for family members of a student athlete while the student athlete is experiencing a documented physical or mental health concern or participating in an intercollegiate athletic competition; (2) reasonable costs for meals, shelter, medical coverage, and medical expenses not provided or covered by the institution; or (3) reasonable education-related financial benefits, such as institution fees, books, or other incidental educational expenses that are not otherwise provided by the institution. (c) Multimedia Rights Holders, Sponsors, Apparel Companies, and Vendors.--In the case of a name, image, and likeness agreement involving, or brokered by, a multimedia rights holder, or a sponsor of the institution in which the student athlete is enrolled or plans to enroll that has a commercial relationship with the institution, an apparel company that has a commercial relationship with the institution, or a vendor for the athletic department or athletic facilities that has a commercial relationship with the institution-- (1) the multimedia rights holder shall provide a signed certification to the intercollegiate athletic association or its designated enforcement entity affirming that the institution in which the student athlete is enrolled or plans to enroll is not the originating source of the compensation to be paid to the student athlete or prospective student athlete and that payment of the compensation is not coming directly or indirectly from the institution; (2) the third party or the sponsor, apparel company, or vendor benefitting from the name, image, and likeness of the student athlete or prospective student athlete shall provide a signed certification to the intercollegiate athletic association or its designated enforcement entity affirming that it is the originating source of the compensation to be paid to the student athlete, that it did not receive funds, directly or indirectly, from the institution in which the student athlete is enrolled or plans to enroll for the purpose of financing the agreement, that the institution did not forgo funds due from the third party or the sponsor, apparel company, or vendor for the purpose of financing the agreement, and that the institution did not negotiate for and determine the amount of compensation to be paid to the student athlete or prospective student athlete through the agreement; and (3) the institution at which the student athlete is enrolled or plans to enroll, if required by the intercollegiate athletic association or its designated enforcement entity, shall provide a signed certification to the intercollegiate athletic association or its designated enforcement entity that the institution is not circumventing the revenue share cap through the name, image, and likeness agreement, or negotiating for and determining the amount of compensation to be paid to the student athlete or prospective student athlete through the agreement. (d) Valid Business Purpose.--Except for a name, image, and likeness agreement with an institution, a name, image, and likeness agreement with a student athlete shall be for a valid business purpose. (e) Payments to Coaches and Managers.-- (1) In general.--An institution described in paragraph (2) may not compensate or otherwise provide or promise any type of payment or benefit of more than $500,000 to any coach, assistant coach, general manager, or other person who coaches or manages a varsity sports team by using, diverting, budgeting, or otherwise obtaining funds from any source other than college sports revenue or a donation or contribution to the athletic department of the institution. (2) Institution described.--An institution described in this paragraph is an institution with more than $80,000,000 in total annual athletics revenue during the preceding academic year. (f) Institution Defined.--In this section, the term "institution" means-- (1) an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and (2) an institution that is a party to, through membership in a conference or otherwise, "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025), or has opted in to the Injunctive Relief Settlement in that case. SEC. 115. CONGRESSIONAL APPROVAL OF CONTINUATION OF REVENUE SHARE CAP AND RETENTION FUND. (a) Continuation Upon Congressional Approval.-- (1) Cessation absent approval.--Except as provided in paragraph (2), if the covered settlement agreement expires or terminates but no joint resolution of approval relating to the notice of the expiration or termination is enacted into law during the applicable congressional approval period, the provisions of section 114 relating to the revenue share cap, and, notwithstanding section 114(a)(2)(C), the retention fund, shall-- (A) in the case of an expiration-- (i) cease to have force or effect on the date of such expiration, if the applicable congressional approval period ends before that date; or (ii) if the applicable congressional approval period ends after the date of such expiration, at the end of the applicable congressional approval period; or (B) in the case of a termination, remain in effect without interruption notwithstanding such termination until, and cease to have force or effect at, the end of the applicable congressional approval period. (2) Continuation upon approval.--If a joint resolution of approval relating to the notice of the expiration or termination is enacted into law, the provisions of section 114 relating to the revenue share cap and, only if specified in the joint resolution of approval, the retention fund, in effect immediately before such expiration or termination or at the time the notice is provided to Congress pursuant to subsection (b), subject to paragraph (3), shall continue in effect without interruption beginning on the date of such expiration or termination. (3) Recalculation of revenue share cap dollar amount.--In the first 2 years following a continuation under paragraph (2), the revenue share cap shall increase by 4 percent each year over the previous year's amount. In the third year following a continuation under paragraph (2), and every 3 years thereafter, the revenue share cap shall be recalculated based on 22 percent of the Average Shared Revenue based on the most recent Membership Financial Reporting System Reports available, or, if the covered settlement agreement is modified, pursuant to the amendment provision specified in paragraph 55 of that settlement, pursuant to the calculation process in effect immediately before the expiration or termination of the covered settlement agreement or at the time the notice is provided to Congress pursuant to subsection (b). In each of the 2 years following each such recalculation, the revenue share cap shall increase by 4 percent each year over the previous year's amount. For purposes of this paragraph, all information used to calculate the revenue share cap pursuant to the covered settlement agreement, or as modified pursuant to the amendment provision specified in paragraph 55 of that settlement, shall be subject to a publicly available, independent third-party audit to verify the accuracy of such information for purposes of complying with this subsection. (b) Notice to Congress.-- (1) Scheduled expiration.--Not later than 180 calendar days before the date on which the covered settlement agreement is scheduled to expire, the defendant parties, or in the case of disagreement, a majority of defendant parties, to the covered settlement agreement shall transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives a written notice of the scheduled expiration. If the scheduled expiration date is established less than 180 calendar days before that date, any defendant party to the covered settlement agreement shall transmit the notice not later than 1 calendar day after the scheduled expiration date is established. (2) Early termination.--Not later than 1 calendar day after the date on which the defendant parties to the covered settlement become aware of a court order that provides for the termination of the covered settlement agreement before its scheduled expiration, any defendant party to the covered settlement agreement shall transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives a written notice of the termination. (3) Contents.--A notice under this subsection shall include-- (A) the scheduled, expected, or actual date of the expiration or termination, if known, and the basis for the expiration or termination; and (B) the dollar amounts and material terms of the revenue share cap in effect, or expected to be in effect, immediately before the expiration or termination. (4) Date of receipt.--Congress receives a notice under this subsection on the date on which both the President pro tempore of the Senate and the Speaker of the House of Representatives receive the notice.

Text printed in the Record (10,349 characters)

In the event a notice is not provided to Congress under this subsection, notice shall be deemed to have been received by Congress not later than 3 calendar days after the date of the expiration or termination of the covered settlement agreement. (5) Deemed receipt.--Notwithstanding paragraph (4), for purposes of this section, a notice required under this subsection received after the expiration or termination of the covered settlement agreement shall be deemed to have been received by Congress on the date on which covered settlement agreement expired or terminated. (c) Joint Resolution of Approval.-- (1) Applicable congressional approval period.--With respect to a notice under subsection (b), the term "applicable congressional approval period" means the 30-calendar-day period beginning on the date on which Congress receives the notice, except that the congressional approval period shall immediately terminate upon the passage a of a joint resolution of approval by the Senate and the House of Representatives. (2) Joint resolution of approval.--For purposes of this section, the term "joint resolution of approval" means only any joint resolution-- (A) that is introduced not later than 10 calendar days after the date on which Congress receives the notice under subsection (b) to which the joint resolution relates; (B) that does not have a preamble; (C) the title of which is either of the following: (i) "Joint resolution approving the continuation of the revenue share cap and retention fund under the Protect College Sports Act of 2026"; or (ii) "Joint resolution approving the continuation of the revenue share cap under the Protect College Sports Act of 2026"; and (D) the sole matter after the resolving clause of which is either of the following: (i) for a joint resolution with a title described in subparagraph (C)(i): "That Congress approves, under section 115 of the Protect College Sports Act of 2026, the continuation, after the expiration or termination described in the notice received by Congress on __________, of the revenue share cap and retention fund in effect immediately before such expiration or termination or at the time the notice was provided to Congress pursuant to subsection (b) of that section, and of the provisions of section 114 of such Act relating to that cap and fund."; or (ii) for a joint resolution with a title described in subparagraph (C)(ii): "That Congress approves, under section 115 of the Protect College Sports Act of 2026, the continuation, after the expiration or termination described in the notice received by Congress on __________, of the revenue share cap in effect immediately before such expiration or termination or at the time the notice was provided to Congress pursuant to subsection (b) of that section, and of the provisions of section 114 of such Act relating to that cap.". (3) Date in resolving text.--The date inserted in the blank in paragraph (2)(D)(i) or (2)(D)(ii) shall be the date on which Congress receives the notice under subsection (b) to which the joint resolution relates. (4) Introduction.--A joint resolution of approval may be introduced in either House of Congress by any Member of that House. (d) Fast Track Consideration in House of Representatives.-- (1) Reconvening.--Upon receipt of a notice under subsection (b), the Speaker of the House of Representatives, if the House would otherwise be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of the notice. (2) Referral, reporting, and discharge.--A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Energy and Commerce. The committee shall report the joint resolution to the House not later than 10 calendar days after the date on which Congress receives the notice under subsection (b) to which the joint resolution relates. If the committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. (3) Proceeding to consideration.--After the committee referred to in paragraph (2) reports a joint resolution of approval to the House or is discharged from its consideration, it shall be in order, not later than the 16th day after the date on which Congress receives the notice under subsection (b) to which the joint resolution relates, to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (4) Consideration.--The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (e) Fast Track Consideration in Senate.-- (1) Reconvening.--Upon receipt of a notice under subsection (b), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the fifteenth calendar day after receipt of the notice. (2) Placement on calendar.--Upon introduction in the Senate, a joint resolution of approval shall be placed immediately on the calendar. (3) Floor consideration.-- (A) In general.--It is in order at any time during the period beginning on the 10th day after the date on which Congress receives the notice under subsection (b) to which the joint resolution relates to move to proceed to the consideration of the joint resolution. The motion to proceed is privileged and not debatable. All points of order against the joint resolution and against consideration of the joint resolution are waived. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. (B) Debate.--Except as otherwise provided in this paragraph, the joint resolution shall be debatable and shall be subject to rule XXII of the Standing Rules of the Senate. If cloture is invoked on the joint resolution, post-cloture consideration of the joint resolution shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. After cloture is invoked, a motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit, the joint resolution is not in order. (C) Vote on passage.--After cloture is invoked on the joint resolution, the vote on passage shall occur immediately following the conclusion of the period of post-cloture consideration under subparagraph (B) and, if requested in accordance with the rules of the Senate, a single quorum call. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution shall be decided without debate. (f) Rules Relating to Senate and House of Representatives.-- (1) Coordination with action by other house.--If, before the passage by one House of a joint resolution of approval of that House, that House receives from the other House a joint resolution of approval relating to the same notice under subsection (b), the following procedures shall apply: (A) The joint resolution of the other House shall not be referred to a committee. (B) With respect to the joint resolution of the House receiving the joint resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on passage shall be on the joint resolution of the other House. (2) Treatment of joint resolution of other house.--If one House fails to introduce or consider a joint resolution of approval under this section, the joint resolution of approval of the other House shall be entitled to expedited floor procedures under this section. (3) Treatment of companion measures.--If, following passage of a joint resolution of approval in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (4) Rules of house of representatives and senate.--This subsection and subsections (c), (d), and (e) are enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of approval, and supersede other rules only to the extent that they are inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules, so far as relating to the procedure of that House, at any time, in the same manner and to the same extent as in the case of any other rule of that House. (g) Covered Settlement Agreement Defined.--In this section, the term "covered settlement agreement" means the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025) or as modified pursuant to the amendment provision specified in paragraph 55 of that settlement. SEC. 116.

Text printed in the Record (11,719 characters)

COMMISSION ON THE FUTURE OF COLLEGE ATHLETICS. (a) Commission on the Future of College Athletics.-- (1) In general.--There is established within the legislative branch a commission, to be known as the "Congressional Commission on the Future of College Athletics" (referred to in this section as the "Commission"), for the purpose of providing recommendations on the future of college athletics. (2) Purpose.--The purpose of the commission is to provide recommendations for the future of college athletics. (b) Membership.-- (1) Composition.--Subject to paragraph (2), the Commission shall be composed of 24 members, of whom-- (A) 4 members shall be appointed by the chair of the Committee on Commerce, Science, and Transportation of the Senate, in consultation with the chair of the Committee on Health, Education, Labor, and Pensions of the Senate, of which at least 1 member shall be a student athlete or former student athlete; (B) 4 members shall be appointed by the ranking member of the Committee on Commerce, Science, and Transportation of the Senate, in consultation with the ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate, of which at least 1 member shall be a student athlete or former student athlete; (C) 4 members shall be appointed by the chair of the Committee on Energy and Commerce of the House of Representatives, in consultation with the chair of the Committee on Education and Workforce of the House of Representatives, of which at least 1 member shall be a student athlete or former student athlete; (D) 4 members shall be appointed by the ranking member of the Committee on Energy and Commerce of the House of Representatives, in consultation with the ranking member of the Committee on Education and Workforce of the House of Representatives, of which at least 1 member shall be a student athlete or former student athlete; (E) 1 member shall be a current or former student athlete appointed by the majority leader of the Senate, in consultation with the chair of the Committee on Commerce, Science, and Transportation of the Senate and the chair of the Committee on Health, Education, Labor, and Pensions of the Senate; (F) 1 member shall be a current or former student athlete appointed by the minority leader of the Senate, in consultation with the ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate; (G) 1 member shall be a current or former student athlete appointed by Speaker of the House of Representatives, in consultation with the chair of the Committee on Energy and Commerce of the House of Representatives and the chair of the Committee on Education and Workforce of the House of Representatives; (H) 1 member shall be a current or former student athlete appointed by the minority leader of the House of Representatives, in consultation with the ranking member of the Committee on Energy and Commerce of the House of Representatives and the ranking member of the Committee on Education and Workforce of the House of Representatives; (I) 1 member shall be a representative of a historically Black college or university, appointed by the majority leader of the Senate; (J) 1 member shall be a representative of a historically Black college or university, appointed by the Speaker of the House of Representatives; (K) 1 member shall be a representative of a mid-sized conference, appointed by the majority leader of the Senate; and (L) 1 member shall be a representative of a mid-sized conference, appointed by the Speaker of the House of Representatives. (2) Requirements.--Members of the Commission shall be individuals who are nationally recognized for expertise, knowledge, or experience in matters related to college athletics, university administration, sports law, labor law, athlete welfare, sports economics, health care, or sports medicine. (3) Co-chairs, executive director, and staff.-- (A) Co-chairs.--The Commission shall have 2 co-chairs, of whom-- (i) 1 co-chair shall be a member selected by the majority party; and (ii) 1 co-chair shall be a member selected by the minority party. (B) Executive director and staff.--The co-chairs of the Commission shall appoint an executive director of the Commission and such staff as appropriate, with compensation. (4) Historically black college or university defined.--In this subsection, the term "historically Black college or university" has the meaning given the term "part B institution" in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). (5) Mid-sized conference defined.--In this subsection, the term "mid-sized conference" means any conference that has generated less than $500,000,000 in total annual revenue during the preceding academic year. (c) Authority.--The Commission may, for the purpose of carrying out the duties of the Commission-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers relevant to the purpose of the Commission; and (2) require, by subpoena issued upon a majority vote of the Commission, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission considers relevant to the purpose of the Commission, provided that the Commission shall take such action as may be necessary and appropriate to preserve the confidentiality of trade secrets or other confidential information of conferences, intercollegiate athletic associations, institutions, or other entities the Commission deems appropriate. (d) Duties.--The duties of the Commission are as follows: (1) To study and develop recommendations regarding-- (A) an alternative structure for providing compensation for student athletes, including consideration of the positive and negative implications associated with a collective bargaining structure and employment status for student athletes; (B) protecting and preserving athletic opportunities for student athletes, particularly in non-revenue generating, women's, and Olympic sports intercollegiate athletic programs; (C) whether any intercollegiate sport should be subject to spending or cost limitations; (D) whether to eliminate, extend, or change the revenue share cap and retention fund described in section 114(a)(2), including consideration of the calculation of the revenue share cap and additional categories of revenue that should be included in such calculation; (E) compliance with endorsement contract reporting requirements established by an athletic association or a conference; (F) adequacy of health, wellness, and safety standards established pursuant to this title and compliance with those standards by institutions, including a review of violations of this title, student athlete injuries, student athlete deaths, the adequacy of the independent reporting structure of the athletic health and safety officers, and the independence of medical personnel decisions, and consideration of options for additional health, wellness, and safety standards and increased oversight (including by a third-party oversight organization) to improve compliance and enforcement of health, wellness, and safety standards; (G) the adequacy of the athlete agent provisions of this title; (H) the extent to which student athletes experience abuse or mistreatment and measures that could protect student athletes from such abuse or mistreatment, including consideration of options for greater oversight (including by a third-party oversight organization) to reduce instances of abuse and mistreatment; (I) the benefits of the intercollegiate athletic system, including consideration of how the balance of education and athletics impacts the life skills, educational opportunities, leadership skills, character development, and personal growth of the student athlete; (J) within the Student Athlete Retention Council established under subsection (e), whether the retention fund exception under section 114(a)(2)(A) should be adjusted after the date of the enactment of this Act, and if so, the amount of annual compensation that should be subject to the retention fund exception; (K) the opportunities and drawbacks with providing student athletes a method to derive long term financial stability through financial interest in the value of a collegiate athletic program; and (L) any other recommendations regarding intercollegiate athletics. (2) To draft a joint resolution of approval under subsection (j) that provides for implementation of the recommendation of the Commission on whether to eliminate, raise, or lower the Pool Benefits Limit in section 114(a). (3) Not later than 30 months after the date of the enactment of this Act, to submit a preliminary report on the Commission's findings related to matters under paragraph (1) to-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; and (C) the President. (4) Not later than 5 years after the date of the enactment of this Act, to submit a report on the activities of the Commission, including recommendations for such legislative action as the Commission considers appropriate, to-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; and (C) the President. (e) Student Athlete Retention Council.-- (1) In general.--There is established within the Commission a council, to be known as the "Student Athlete Retention Council", for the purposes of providing recommendations pursuant to subsection (d)(1)(J) on the future of the retention fund exception under section 114(a)(2)(A). (2) Membership.--The Student Athlete Retention Council shall be composed of 16 members, of whom-- (A) 8 shall be representatives of Division I institutions, with not more than one institution coming from the same conference; and (B) 8 shall be student athletes elected by all Division I student athletes. (3) Authority.--The Student Athlete Retention Council may sit and act at such times and places as necessary for the purpose of providing recommendations specified in subsection (d)(1)(J). (f) Quorum.--Twelve members of the Commission, of which 5 members shall be current or former student athletes, shall constitute a quorum. (g) Initial Meeting.--The Commission shall hold an initial meeting not later than 30 days after the date on which a sufficient number of members have been appointed under subsection (b) to constitute a quorum pursuant to subsection (f). (h) Public Hearings.--The Commission shall hold 1 or more public hearings. (i) Status.--The Commission is not an agency (as defined in section 551 of title 5, United States Code). (j) Joint Resolution.--Any Member of Congress may introduce a joint resolution for consideration to adopt any of the recommendations of the Commission, in whole or in part, including any recommendations from the Commission on whether to eliminate, raise, or lower the Pool Benefits Limit. (k) Termination.--The Commission shall terminate 90 days after the date on which the Commission submits the report required by this section. (l) Authorization of Appropriations.--There is authorized to be appropriated to the Commission such sums as may be necessary in any fiscal year, half of which shall be derived from the applicable account of the House of Representatives and half of which shall be derived from the contingent fund of the Senate. SEC. 117.

Text printed in the Record (11,894 characters)

RECRUITMENT AND TAMPERING. An intercollegiate athletic association may enforce provisions on recruitment and tampering of student athletes or prospective student athletes before and during their eligibility for intercollegiate athletic competition that-- (1) prohibit an institution, an employee of an institution, a conference, an employee of a conference, or an associated entity from contacting a student athlete who is enrolled at or committed to another institution for the purpose of recruiting that student athlete to transfer to or enroll at an institution except for during a reasonable period (or periods) of time established for each intercollegiate sport that in no case shall be less than 2 weeks or greater than 5 weeks starting after the last intercollegiate athletic competition in an academic year in the intercollegiate sport in which the student athlete competes and in which student athletes from the same intercollegiate athletic association competed; (2) prohibit an athlete agent from contacting an institution, employee of an institution, or associated entity on behalf of a student athlete who is enrolled at or committed to another institution for the purpose of facilitating the transfer or enrollment of the student athlete at the contacted institution except for during a reasonable period (or periods) of time for each intercollegiate sport that in no case shall be less than 2 weeks or greater than 5 weeks starting after the last intercollegiate athletic competition in an academic year in the intercollegiate sport in which the student athlete competes and in which student athletes from the same intercollegiate athletic association competed; (3) prohibit an institution, an employee of an institution, a conference, an employee of a conference, or an associated entity from contacting a prospective student athlete, who has not enrolled in an institution, for the purpose of recruiting that prospective student athlete to attend an institution as a student athlete except for during a reasonable period (or periods) of time established for each sport that in no case shall be less than 2 weeks or greater than 5 weeks; (4) prohibit an athlete agent from contacting an institution, employee of an institution, or associated entity on behalf of a prospective student athlete, who has not enrolled in an institution, for the purpose of facilitating the enrollment of the prospective student athlete at an institution as a student athlete except for during a reasonable period (or periods) of time for each sport that in no case shall be less than 2 weeks or greater than 5 weeks; (5) prohibit an institution, an employee of an institution, a conference, an employee of a conference, an associated entity, or an athlete agent from recruiting or contacting a student athlete or prospective student athlete who has not affirmatively opted in to receive such recruitment or contact; (6) prohibit an institution, an employee of an institution, a volunteer of an institution, an associated entity, an athlete agent, a conference, an employee of a conference, or a volunteer of a conference from inducing a student athlete or a prospective student athlete to enroll at an institution or transfer to an institution by offering compensation to a student athlete in violation of any of paragraphs (1) through (5); or (7) notwithstanding paragraph (1) or (2) of this section, ensure that a student athlete permitted to transfer under one or more of the exceptions specified in section 112(3) may affirmatively opt in to receive recruitment or contact at a time outside the times described in paragraphs (1) and (2) of this section for the purpose of transferring pursuant to one or more of such exceptions. SEC. 118. LIMITATION ON LIABILITY. (a) In General.--It shall not be unlawful under the antitrust laws for an intercollegiate athletic association, a conference, or an institution to enforce or comply with, including through rules or bylaws-- (1) section 114; (2) section 115; (3) section 113; (4) sections 101(a)(3) and 101(b)(1) and subparagraphs (A) and (B) of section 101(b)(2); (5) section 117; (6) section 112; (7) rules, bylaws, or requirements of an intercollegiate athletic association that determine whether a specific institution is selected to participate in a championship or tournament if the process for selecting participants is not entitled to antitrust exemption under this subsection; (8) section 103; and (9) section 110. (b) Sanctions by an Intercollegiate Athletic Association.--It shall not be unlawful under the antitrust laws for an intercollegiate athletic association or conference to, including through rules or bylaws-- (1) impose a fine against an institution, an employee, or volunteer of an institution, a conference, an employee of a conference, or an associated entity for a violation of sections 110, 112, 113, 114, 115, or 117; (2) restrict an institution, employee or volunteer of an institution, a conference, or an employee of a conference, from participation in intercollegiate athletic competition, including championships or tournaments, for a violation of sections 110, 112, 113, 114, 115, or 117; (3) restrict the eligibility of a student athlete who-- (A) is not eligible to participate in intercollegiate athletic competition or participate on a varsity sports team under section 113; (B) has transferred to an institution in a manner that does not comply with section 112; or (C) has received compensation in contravention of section 114 or section 115; or (4) decertify an athlete agent for violations of section 103 or the amendments made by section 102. (c) Requirements for an Intercollegiate Athletic Association.--An intercollegiate athletic association shall not be entitled to the antitrust exemptions set forth in subsections (a) and (b) unless the intercollegiate athletic association has established rules, bylaws, or other regulations implementing paragraphs (1) through (9) of subsection (a) and paragraphs (1) through (4) of subsection (b). (d) Designation of Entity.-- (1) In general.--An intercollegiate athletic association or conference may designate an entity under its control pursuant to the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025) for which it shall not be unlawful to enforce or comply with section 114. (2) Notice and comment requirement.--If an entity designated under paragraph (1) proposes to issue a measure, rule, guidance, or policy interpreting or implementing the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025), the designated entity shall give reasonable prior notice and an opportunity to comment to the defendant parties in "In Re College Athlete NIL Litigation". SEC. 119. PRIVATE RIGHT OF ACTION. (a) Violations.--A person may file a civil action in an appropriate district court of the United States or in an appropriate State court only for a violation of the following: (1) Subsections (a) and (c) of section 101. (2) Section 104. (3) Section 105. (4) Section 106. (5) Section 107. (6) Section 108. (7) Section 109. (8) Section 111. (9) Section 112, only to the extent the claim-- (A) alleges an intercollegiate athletic association, a conference, or an institution has not complied with the transfer standard set forth in section 112; (B) is filed against a Division I, Division II, or Division III institution, as defined by bylaw 20 of the National Collegiate Athletic Association as of the date of the enactment of this Act, or an intercollegiate athletic association or a conference comprised of any such institutions; and (C) is filed in an appropriate district court of the United States. (10) Section 113, only to the extent the claim-- (A) alleges an intercollegiate athletic association, a conference, or an institution has not complied with the eligibility standard set forth in section 113; (B) is filed against a Division I or Division II institution, as defined by bylaw 20 of the National Collegiate Athletic Association as of the date of the enactment of this Act, or an intercollegiate athletic association or a conference comprised of any such institutions; and (C) is filed in an appropriate district court of the United States. (11) Section 114(b). (b) Limitation.--The protection from antitrust liability set forth in section 118 shall not be limited by a private right of action filed under subsection (a). (c) Relief.--In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award the plaintiff-- (1) actual damages; and (2) any other relief, including equitable relief or declaratory relief, that the court determines appropriate (including attorney's fees, if otherwise allowed under applicable law). (d) Limitation on Pre-dispute Agreements and Waivers.-- (1) Pre-dispute arbitration agreement.-- (A) In general.--Notwithstanding any other provision of law, no intercollegiate athletic association, conference, or institution shall include a pre-dispute arbitration agreement (as defined in section 401 of title 9, United States Code) in an agreement with a student athlete regarding a provision of this title or an amendment made to this title. (B) Treatment of claim.--If a claim for a violation of this title arises, a student athlete has the option to arbitrate the dispute if the intercollegiate athletic association, conference, or institution agrees to the arbitration. (2) Pre-dispute joint-action waiver.--Notwithstanding any other provision of law, no intercollegiate athletic association or conference shall enforce a pre-dispute joint-action waiver (as defined in section 401 of title 9, United States Code) against a student athlete or group of student athletes with respect to a dispute arising under this title or an amendment made to this title, so long as there are not fewer than 7 named plaintiffs. (e) Disputes Arising From Enforcement of Injunctive Relief Settlement.--Notwithstanding subsection (d)-- (1) a claim made by any entity or individual subject to the injunctive relief provisions in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025), regarding whether a name, image, or likeness agreement is for a valid business purpose shall follow the procedure set forth in article 6, section 2, of such settlement; and (2) in any dispute regarding whether an institution, an employee of an institution, a volunteer of an institution, a conference, an employee of a conference, or an associated entity complied with paragraph (1) or (2) of section 114(a), an institution, an employee of an institution, a volunteer of an institution, a conference, an employee of a conference, or an associated entity shall follow the procedure set forth in article 6, section 2 of "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025). (f) Notice Requirement for Civil Actions.-- (1) In general.--A civil action may be brought by a person under this section only if, prior to filing such action, the plaintiff provides to the defendant 30 days written notice identifying the specific provisions set forth in subsection (a) that the plaintiff alleges have been or are being violated. (2) Effect of cure.--In the event a cure is possible, if, within the 30-day period under paragraph (1), the defendant cures the violation and provides the plaintiff with an express written statement that the violation has been cured and no such further violation shall occur, an action shall not be permitted. (3) Exception.--Paragraphs (1) and (2) shall not apply to any civil action that is based in whole or in part on allegations of physical injury, death, or sexual abuse or misconduct. SEC. 120.

Text printed in the Record (11,861 characters)

WHISTLEBLOWER PROTECTION. (a) In General.--No institution, conference, or intercollegiate athletic association, or any agent thereof, may discharge, demote, suspend, withdraw or reduce benefits from, threaten, harass, or in any other manner discriminate against an employee, a student athlete, a prospective student athlete, a former student athlete, a contractor, a subcontractor, a service provider, or an agent of an institution, a conference, or an intercollegiate athletic association because of any lawful act done by such individual-- (1) to provide information to, or cause information to be provided to, an agency of the Federal Government, an agency of State government, Congress, or any law enforcement agency regarding any act or omission that such individual reasonably believes to be a violation of this title or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or (2) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed relating to an alleged violation of this title or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). (b) Enforcement Action.-- (1) In general.--An individual aggrieved by a violation of subsection (a) may bring an action in the appropriate district court of the United States for the relief set forth in paragraph (2). (2) Relief.--An individual prevailing in any action under paragraph (1) may obtain-- (A) compensatory damages and the cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred; (B) in addition to any other relief available at law, equitable relief that may be necessary or appropriate to correct a violation of subsection (a) or make the individual whole again; (C) temporary relief while the case is pending; and (D) if the prevailing individual is an employee-- (i) reinstatement with the same seniority status that the individual would have had, but for the discrimination; and (ii) backpay otherwise owed to the individual, with interest. (c) Rights Retained by Individual.--Nothing in this section shall be construed to diminish the rights, privileges, or remedies of any individual under any Federal or State law, or under any labor contract. (d) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration of Disputes.-- (1) Waiver of rights and remedies.--The rights and remedies provided for in this section may not be waived by any agreement, policy form, condition of employment, or athletic agreement or participation. (2) Predispute arbitration agreements.--No predispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section. SEC. 121. RELATIONSHIP TO EXISTING LAW. (a) In General.--No State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, requirement, or standard that-- (1) conflicts with any provision of this title that would prevent compliance with this title; or (2) governs, regulates, or invalidates policies or rules of an institution, a conference, or an intercollegiate athletic association that regulates-- (A) the compensation to a student athlete or prospective student athlete for the use of their name, image, or likeness, except as necessary to comply with this title; (B) transfers of student athletes between institutions; or (C) any provision described in subsection (a)(1)-(3) or (b) of section 113 relating to the eligibility of a student athlete to participate in intercollegiate athletics. (b) Preservation of State Laws.--The following State laws, rules, regulations, or requirements, or common law rights or remedies shall not be preempted, displaced, or supplanted: (1) Except to the extent that such law, rule, regulation, requirement, or common law right or remedy conflicts with subsection (a), the following: (A) Uniform Athlete Agent Acts. (B) Civil rights laws. (C) Tort law, unless otherwise specified in paragraph (2). (D) Criminal law, unless otherwise specified in paragraph (2). (E) Laws that relate to privacy or data breach. (F) Contract law. (G) Trademark law. (H) Copyright law. (I) Consumer protection law, unless otherwise specified in paragraph (2). (2) Except to the extent that such law, rule, regulation, or requirement, or common law right or remedy conflicts with subsection (a)(2), any law, rule, regulation, or requirement, or common law right or remedy, whether statutory or common law, that gives rise to a cause of action for the following: (A) Personal injury, including psychological injury. (B) Wrongful death. (C) Property damage. (D) Sexual assault. (E) Harassment. (F) Fraud. (G) Injury resulting from abuse or hazing of a student athlete, including physical or sexual abuse. (H) Injury resulting from deficient student or campus safety measures. (I) Injury resulting from a failure to provide greater protections to student athletes than those provided by the health, wellness, and safety standards under subsections (a)(1)-(4) or (b)(1)-(2) of section 107. (J) Any related cause of action that is derivative of any of subparagraphs (A) through (I). (c) Rule of Construction.--To the extent liability for violations of the antitrust laws is not limited by this title, subsection (a) shall not be construed to preempt, displace, or supplant the antitrust laws. SEC. 122. NEUTRALITY ON EMPLOYEE OR NON-EMPLOYEE STATUS. This title is neutral on, and does nothing to alter, employee or non-employee status for student athletes. SEC. 123. APPLICABILITY. (a) Section 113(c)(1)(B) shall apply with respect to any action or proceeding that is pending on or commenced on or after the date of the enactment of this Act. (b)(1) Except as provided in subsection (a), the provisions of this Act shall not apply to any action or proceeding commenced prior to the effective date of this Act. (2) Exceptions.--Nothing in subsection (b) shall be construed to-- (A) allow a student athlete eligibility to participate on a Division I or Division II varsity sports team or in intercollegiate athletic competition for a Division I or Division II institution for more than a total of 5 years; or (B) undermine the Benefits Pool Limit set forth in the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025), or as modified pursuant to the amendment provision specified in paragraph 55 of that settlement, unless such outcome is the result of legal proceedings in the In Re College Athlete NIL Litigation, No. 20-cv-03919, or any appeal of legal proceedings in the In Re College Athlete NIL Litigation, No. 20-cv-03919. (c) Except as provided in subsection (a), nothing in this Act shall be construed to extinguish, impair, or otherwise limit a claim for monetary relief arising from conduct that occurred before the date of the enactment of this Act. SEC. 124. SEVERABILITY. If any provision of this title, or an amendment made by this title, is determined to be unenforceable or invalid, the remaining provisions of this title and the amendments made by this title shall not be affected. SEC. 125. PROTECTION OF WOMEN'S SPORTS AND OLYMPIC SPORTS. (a) In General.--An intercollegiate athletic association or conference comprised of Division I institutions, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, shall not reduce the minimum intercollegiate athletic competitions, minimum participants on a varsity sports team, or the number of varsity sports teams, including the number of men's and women's varsity sports teams or Olympic varsity sports teams, that an institution must sponsor for membership within-- (1) Division I of the National Collegiate Athletic Association, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw; or (2) the Football Bowl Subdivision, as defined by bylaw 20.9.9 of the National Collegiate Athletic Association, or successor bylaw. (b) Large-sized Institutions.-- (1) In general.--Except as provided in paragraph (2), an intercollegiate athletic association or conference comprised of institutions shall provide that each institution shall, consistent with applicable intercollegiate athletic association rules, offer and maintain at least as many total grant-in-aid opportunities and total roster spots for non-revenue generating intercollegiate sports programs, including women's and Olympic intercollegiate sports programs, during each academic year as the member institution provided during academic year 2024-2025. (2) Waiver.-- (A) In general.--An institution may be granted a waiver from compliance with paragraph (1) for not more than one academic year at a time by an intercollegiate athletic association if the institution provides evidence that-- (i) annual athletics revenues have declined not less than 15 percent based on the average of the preceding three academic years, and total grant-in-aid accounts for not less than 45 percent of the total expenses of the athletic department of the institution; (ii) compliance with paragraph (1) would materially impair the ability of the institution to comply with Federal law; or (iii) there are extraordinary circumstances relating to financial hardship, including from a natural disaster, act of war, or another catastrophe, that are beyond the control of the institution or materially impair the ability of the institution to comply with paragraph (1). (B) Condition.--As a condition of seeking a waiver under subparagraph (A)(i), an institution shall first reduce the total compensation of the coaching staff of its revenue-generating varsity sports programs by the same proportion as any planned reduction in expenditures for its non-revenue generating intercollegiate sports programs during the waiver period. (3) Definitions.--In this subsection: (A) Institution.--The term "institution" means an institution, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, that, upon the date of the enactment of this Act, reports, as required under section 485(g) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)), having generated not less than $80,000,000 in total annual athletics revenue during the preceding academic year. (B) Non-revenue generating intercollegiate sports program.--the term "non-revenue generating intercollegiate sports program" means an intercollegiate sports program at an institution for which, during an academic year, the revenues generated specifically attributable to that sports program are less than the direct and allocated operating expenses of that sports program. (4) Sunset.--This subsection shall terminate on the date that is 9 years after the date of the enactment of this Act. (c) Transitional Protection for Women's and Olympic Sports at Mid-sized Institutions.-- (1) In general.--Except as provided in paragraph (2), an intercollegiate athletic association or conference comprised of covered mid-sized institutions shall provide that each such institution shall, consistent with applicable intercollegiate athletic association rules, offer and maintain at least as many total grant-in-aid opportunities and total roster spots for non-revenue generating intercollegiate sports programs, including women's and Olympic intercollegiate sports programs, during each academic year as the institution provided during academic year 2024-2025. (2) Exemptions.--An institution shall be exempt from the requirement under paragraph (1) for an academic year if-- (A) the total annual athletics revenue of the institution, as reported under section 485(g) of the Higher Education Act of 1965 (20 U.S.C.

Text printed in the Record (9,152 characters)

1092(g)), declined by not less than 15 percent from the immediately preceding academic year; (B) the institution petitions the relevant intercollegiate athletic association for, and is granted, an exemption based on a demonstrable financial hardship; (C) compliance with that paragraph would materially impair the ability of the institution to comply with Federal law; or (D) there are extraordinary circumstances relating to financial hardship, including from a natural disaster, act of war, or other circumstance that is beyond the control of the institution or materially impair the ability of the institution to comply with that paragraph. (3) Covered mid-sized institution defined.--In this subsection, the term "covered mid-sized institution" means an institution, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, that, upon the date of the enactment of this Act, reports, as required under section 485(g) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)), having generated not less than $50,000,000 but less than $80,000,000 in total annual athletics revenue during the preceding academic year. (4) Sunset.--This subsection shall terminate on the date that is 4 years after the date of the enactment of this Act. (d) Clarification of Flexibility.--Nothing in this section may be construed to prevent an institution or a covered mid-sized institution from modifying or substituting which varsity sports it sponsors, or the number of roster spots and grant-in-aid opportunities on each varsity sport, so long as the institution-- (1) complies with bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, or bylaw 20.9.9 of the National Collegiate Athletic Association, or a successor bylaw; and (2) as applicable under subsections (b) and (c), offers and maintains at least as many total grant-in-aid opportunities and total roster spots for non-revenue generating intercollegiate sports programs during each academic year as the institution provided during academic year 2024-2025. (e) Clarification of Walk-on Athlete Eligibility for Para Athletes.-- (1) In general.--Notwithstanding any provision of this Act-- (A) an institution and the athletic director of an institution shall retain full authority to include para athletes on their roster spots for intercollegiate sports as walk-on athletes; (B) subparagraph (A) does not constitute a violation of roster or scholarship limits for intercollegiate sports covered under this Act or under "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025); and (C) para athletes included as walk-on athletes shall not be counted toward any roster cap or scholarship count established for that intercollegiate sport. (2) Definitions.--In this subsection: (A) Para athlete.--The term "para athlete" means a nationally or internationally classified athlete eligible to compete in the Paralympic Games pursuant to qualifications determined by the United States Olympic and Paralympic Committee under chapter 2205 of title 36, United States Code. (B) Walk-on athlete.--The term "walk-on athlete" means an enrolled student athlete who participates on a sport roster without receiving athletics-based scholarship aid. SEC. 126. MID-SIZED CONFERENCE REPRESENTATION ON INTERCOLLEGIATE ATHLETIC ASSOCIATION GOVERNING BOARDS. (a) In General.--An intercollegiate athletic association, of which a mid-sized conference is a member, shall ensure any board of directors or other governing board of the intercollegiate athletic association, or any committee of the intercollegiate athletic association with authority to establish and enforce rules or bylaws, is comprised of adequate representation by mid-sized conferences. (b) Mid-sized Conference Defined.--In this section, the term "mid-sized conference" means any conference that has generated less than $500,000,000 in total annual revenue during the preceding academic year. SEC. 127. TITLE IX SAVINGS CLAUSE. Nothing in this title or the amendments made by this title shall be construed to override, modify, or amend the applicability of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). SEC. 128. PROTECTING OPPORTUNITIES FOR AMERICAN STUDENT ATHLETES. It is the policy of the United States that any institution of higher education participating in intercollegiate athletics should prioritize domestic students in the selection of student athletes and the awarding of athletic opportunities, including grant-in-aid and roster positions, on the varsity sports teams of that institution. 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 that exceed $600 in value received by the covered person relating to intercollegiate athletics from a foreign government, a foreign adversary, a state-owned enterprise, or a sovereign wealth fund. (2) Disclosure deadlines.--Disclosures under paragraph (1) shall be made not later than 30 days after-- (A) entering into a relevant transaction or receiving funds, whichever occurs first; or (B) any material change that would impact a previous disclosure. (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, or a sovereign wealth fund 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; or (C) an intercollegiate athletic association. (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) 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. SEC. 201. DEFINITIONS. (a) References to Sports Broadcasting Act of 1961.--In this Act, the term "Sports Broadcasting Act of 1961" means the Act of September 30, 1961 (15 U.S.C. 1291 et seq.). (b) Amendments to Sports Broadcasting Act of 1961.--The Sports Broadcasting Act of 1961 is amended-- (1) by redesignating sections 5 and 6 (15 U.S.C. 1295, 1291 note) as sections 8 and 9, respectively; and (2) in section 8, as so redesignated-- (A) by striking "As used in this Act, `persons' means" and inserting the following: "As used in this Act:" "(12) Persons.--The term `persons' means"; (B) by inserting before paragraph (12), as so designated, the following: "(1) Collective media rights revenue.--The term `collective media rights revenue' means revenue derived from the sale or transfer of the media rights of the member institutions and member conferences of the covered entity resulting from the joint agreement described in section 5. "(2) Conference.--The term `conference' means any organization that is not an intercollegiate athletic association and that-- "(A) has 2 or more institutions as members; and "(B) arranges championships for intercollegiate athletic competitions or sets rules for intercollegiate athletic competitions. "(3) Covered entity.--The term `covered entity' means the entity formed by a joint agreement of institutions or conferences described in subparagraph (A) or (B) of section 5(b)(1) that meets each of the requirements under section 5. "(4) Grant-in-aid.--The term `grant-in-aid'-- "(A) means a scholarship, grant, stipend, or other form of financial assistance, including the provision of tuition, room, board, books, or funds for fees or personal expenses, that-- "(i) is paid or provided by an institution to a student for the undergraduate or graduate course of study of the student; and "(ii) is in an amount that does not exceed the cost of attendance for the student at the institution; and "(B) does not include compensation paid to an individual who is a student athlete or a former student athlete. "(5) Institution.--The term `institution' has the meaning given the term `institution of higher education' in section 101 of the Higher Education Act of 1965 (20 U.S.C.

Text printed in the Record (11,996 characters)

1001). "(6) Intercollegiate athletic association.--The term `intercollegiate athletic association'-- "(A) means any organization, not-for-profit corporation, association, or other group organized in the United States that-- "(i) is composed of 2 or more institutions or conferences that-- "(I) are located in different States; or "(II) participate in intercollegiate athletic competitions in more than 1 State; "(ii) sponsors or arranges intercollegiate athletic competitions between institutions; "(iii) sets common rules, standards, procedures, or guidelines for the administration of intercollegiate athletic competition; and "(iv) is not a conference; "(B) includes-- "(i) the National Collegiate Athletic Association; and "(ii) any other national intercollegiate athletic association; and "(C) does not include a corporation, association, or other group affiliated with professional athletic competition. "(7) Intercollegiate athletic competition.--The term `intercollegiate athletic competition' means any varsity intercollegiate sport contest, game, meet, match, tournament, regatta, or other intercollegiate sport event in which student athletes or varsity sports teams compete. "(8) Intercollegiate football.--The term `intercollegiate football' means the intercollegiate sport of football. "(9) Intercollegiate sport.--The term `intercollegiate sport'-- "(A) means a sport played at the intercollegiate level, administered by an athletic department, between institutions for which eligibility requirements for participation by a student athlete are established by an intercollegiate athletic association; and "(B) does not include a recreational, intramural, or club sport. "(10) Member conference.--The term `member conference', with respect to the covered entity, means a conference that is a member of the covered entity. "(11) Member institution.--The term `member institution', with respect to the covered entity, means an institution that is a member of the covered entity."; and (C) by inserting after paragraph (12), as so redesignated, the following: "(13) Student athlete.--The term `student athlete' means an individual who-- "(A) is enrolled as a full-time student at an institution; "(B) makes satisfactory progress towards completing a degree; and "(C) participates in intercollegiate athletic competitions or competes for a varsity sports team as part of the institution's educational, developmental, or extracurricular programs. "(14) Top 5 historic opponents in intercollegiate football.--The term `top 5 historic opponents in intercollegiate football', with respect to an institution, means the 5 other institutions against which the institution has played the most intercollegiate athletic competitions within intercollegiate football. "(15) Top 10 historic opponents in intercollegiate football.--The term `top 10 historic opponents in intercollegiate football', with respect to an institution, means the 10 other institutions against which the institution has played the most intercollegiate athletic competitions within intercollegiate football. "(16) Traditional rivalry.--The term `traditional rivalry' means an intercollegiate athletic competition within intercollegiate football that is between varsity sports teams of 2 institutions that-- "(A) are both members of the covered entity; "(B) are not members of the same conference; and "(C) rank among each other's top 10 historic opponents in intercollegiate football. "(17) Varsity sports team.--The term `varsity sports team' means a team composed of student athletes that is organized by an institution for the purpose of intercollegiate athletic competitions.". SEC. 202. LIMITATION ON LIABILITY FOR TRANSMISSION OF COLLEGIATE SPORTS COMPETITIONS. (a) In General.--Section 1 of the Sports Broadcasting Act of 1961 (15 U.S.C. 1291) is amended-- (1) by striking "That the" and inserting the following: "SECTION 1. EXEMPTION OF CERTAIN AGREEMENTS FROM ANTITRUST LAWS. "(a) Professional Sports.--The"; and (2) by adding at the end the following: "(b) College Sports.--The antitrust laws, as defined in subsection (a), shall not apply to any joint agreement, by or among institutions engaging in or conducting organized intercollegiate sports, or conferences that have such institutions as members, to form and operate a covered entity that complies with and enforces the requirements of section 5 and sells or otherwise transfers to a third party all or any part of the rights of the institutions or conferences in the sponsored telecasting of the intercollegiate athletic competitions engaged in or conducted by the institutions or conferences.". (b) Technical and Conforming Amendments.--The Sports Broadcasting Act of 1961 is amended-- (1) in section 2 (15 U.S.C. 1292)-- (A) by striking "Section 1" and inserting "Section 1(a)"; and (B) by striking "in section 1" and inserting "in section 1(a)"; (2) in section 3 (15 U.S.C. 1293), by striking "section 1" each place it appears and inserting "section 1(a)"; and (3) in section 4 (15 U.S.C. 1294), by striking "section 1" and inserting "section 1(a)". SEC. 203. REQUIREMENTS FOR ENTITIES SELLING MEDIA RIGHTS. The Sports Broadcasting Act of 1961, as amended by section 201(b)(1) of this Act, is amended by inserting after section 4 (15 U.S.C. 1294) the following: "SEC. 5. REQUIREMENTS FOR ENTITIES SELLING MEDIA RIGHTS. "(a) Condition on Antitrust Exemption.--Section 1(b) shall not apply to any joint agreement entered into by institutions or conferences to form the covered entity unless the covered entity complies with the requirements under this section and section 6. "(b) Membership of the Covered Entity.-- "(1) Eligible membership.--A joint agreement to form the covered entity shall be comprised of a voluntary association of institutions or conferences that includes, at a minimum, as of the date on which the joint agreement is entered into, not 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. "(2) Invitation requirement.-- "(A) In general.--The covered entity shall offer membership on fair and nondiscriminatory terms to each conference and each institution that is in Division I, as defined by Bylaw 20.9 of the National Collegiate Athletic Association as of the date of enactment of the Protect College Sports Act of 2026. "(B) Optional participation.--No conference or institution shall be required to join the covered entity or accept an offer under subparagraph (A), but no conference or institution eligible for membership under subparagraph (A) may be refused an invitation to join the covered entity. "(c) Voting Rights.-- "(1) In general.-- "(A) Votes of conferences and institutions.--Subject to subparagraph (C), the covered entity shall-- "(i) in the bylaws of the covered entity-- "(I) provide that each member conference or member institution has 1 vote on each type of decision or determination described in paragraph (2); and "(II) specify the minimum number of votes required for each type of decision or determination described in paragraph (2); and "(ii) require the bylaws to be adopted unanimously by the member conferences and member institutions. "(B) Votes of student athletes.--The covered entity shall-- "(i) for purposes of decisions and determinations described in paragraph (2)(C), designate not fewer than 10 individuals who, as of the date of designation, are student athletes or were student athletes during the preceding 10-year period; and "(ii) ensure that each individual designated under clause (i) has 1 vote on a decision or determination described in paragraph (2)(C). "(C) Non-voting member conferences.--If a conference and 1 or more of the institutions of the conference are members of the covered entity, the conference shall be a non-voting member of the covered entity. "(2) Voting thresholds.-- "(A) Major decisions.--A major decision, as defined by the bylaws of the covered entity, shall require a vote totaling not less than \2/3\ of the member conferences or member institutions exercising their voting rights. "(B) Non-major decisions.--A non-major decision, as defined by the bylaws of the covered entity, shall require a vote totaling not less than a majority of the member conferences or member institutions exercising their voting rights. "(C) Revenue distributions or changes to voting allocations.--A determination regarding the allocation of collective media rights revenue or a decision to change a voting threshold described in this paragraph shall require a unanimous vote of the member conferences, member institutions, or current or former student athletes exercising their voting rights. "(D) Media rights requirement.--A determination of which media rights shall be contributed to the covered entity pursuant to subsection (f) shall require a unanimous vote of the member conferences or member institutions exercising their voting rights. "(d) Revenue Allocation Formula.-- "(1) Method.--Not less frequently than once each academic year, the covered entity shall distribute the collective media rights revenue among member conferences and member institutions-- "(A) according to the allocation of collective media rights revenue most recently determined in accordance with subsection (c)(2)(C); and "(B) in accordance with the requirements of this subsection. "(2) Requirements.--The distribution of collective media rights revenue under paragraph (1) shall-- "(A) ensure that-- "(i) each member conference or member institution receives a minimum distribution of collective media rights revenue, the amount of which shall be established under a bylaw adopted in accordance with subsection (c)(2)(C); and "(ii) each member institution receives more collective media rights revenue (excluding revenue from the College Football Playoff) during each academic year than the largest amount of collective media rights revenue (excluding revenue from the College Football Playoff) that the institution received in any single academic year during the period of academic year 2021-2022 through academic year 2024-2025; "(B) distribute not less than 15 percent of the collective media rights revenue that remains after compliance with subparagraph (A) equally among all member institutions that received revenue from intercollegiate athletic competitions within intercollegiate football in the Football Bowl Subdivision during academic year 2024-2025; and "(C) distribute the collective media rights revenue that remains after compliance with subparagraphs (A) and (B) to member institutions based on the performance of each institution during the academic year with respect to the institution's contribution to the collective media rights revenue. "(3) Transfer of revenue.--Before distributing collective media rights revenue under paragraph (1), the covered entity shall, in accordance with section 106, transfer an amount of collective media rights revenue to the fund or program established under that section to ensure that the program or fund is adequately funded. "(e) Protection of Women's and Olympic Sports.-- "(1) In general.--Any member institution that receives collective media rights revenue shall, consistent with applicable intercollegiate athletic association rules, offer and maintain at least as many grant-in-aid opportunities and roster spots for non-revenue generating intercollegiate sports programs, including women's and Olympic intercollegiate sports programs, during each academic year as the member institution provided during the 2024-2025 academic year. "(2) Definition.--For purposes of this subsection, the term `non-revenue generating intercollegiate sports program' means an intercollegiate sports program at an institution for which, during an academic year, the revenues generated specifically attributable to that sports program are less than

Text printed in the Record (8,882 characters)

the direct and allocated operating expenses of that sports program. "(f) Contribution of Media Rights.-- "(1) Condition of participation.--The covered entity shall require each member institution or member conference, as a condition of receiving a distribution of collective media rights revenue from the covered entity, to contribute to the covered entity, for sale by the covered entity, the media rights of the member institution or member conference, determined by a vote described in subsection (c)(2)(D), with the exception of the rights in the sponsored telecasting of-- "(A) the basketball tournaments organized by the National Collegiate Athletic Association; and "(B) all postseason intercollegiate athletic competitions for intercollegiate football within the College Football Playoff for the Football Bowl Subdivision occurring before August 1, 2032. "(2) Exclusive authority.--The covered entity shall have the exclusive authority to negotiate, sell, license, sublicense, and otherwise transfer on a pooled basis media rights contributed under paragraph (1), with the exception of the rights in the sponsored telecasting of-- "(A) the basketball tournaments organized by the National Collegiate Athletic Association; and "(B) all postseason intercollegiate athletic competitions for intercollegiate football within the College Football Playoff for the Football Bowl Subdivision occurring before August 1, 2032. "(3) Relation to contractual rights, obligations, and remedies.-- "(A) Contribution of media rights.--Notwithstanding paragraph (1), no member institution or member conference shall contribute to the covered entity any media rights, that, at the time of contribution, the member institution or member conference is not legally entitled to contribute by reason of an existing contract, including an amendment to such contract, that restricts the assignment, transfer, license, or other conveyance of such media rights. "(B) Protection of contractual rights, obligations, and remedies.--Nothing in this Act shall be construed to eliminate, limit, modify, or otherwise affect any right, obligation, or remedy of any party under an existing contract. "(4) Binding agreement.--The covered entity shall maintain a written agreement, binding on all member institutions or member conferences, that governs the collection and distribution of collective media rights revenue for the duration of the agreement. "(5) Preservation of carriage, distribution, and promotion of women's and olympic sports.--In any joint agreement entered into by a covered entity which includes media rights in football or basketball conveyed pursuant to a vote described in subsection (c)(2)(D), the covered entity shall take reasonable efforts to promote and distribute the media rights for non-revenue generating intercollegiate sports programs in the regular season and post-season, as well as preserve the current levels of carriage, distribution, and promotion. "(g) Preservation of Conference Opponents and Traditional Rivalries.-- "(1) Conference opponents.--If, as of the date of enactment of the Protect College Sports Act of 2026, more than 6 of the top 10 historic opponents in intercollegiate football of a member institution were intra-conference opponents of the member institution in intercollegiate football during the most recently completed season, the covered entity shall require the member institution to preserve, to the maximum extent practicable, intercollegiate athletic competitions within intercollegiate football amongst all of its current conference opponents as of that date of enactment. "(2) Traditional rivalries.-- "(A) In general.--If, as of the date of enactment of the Protect College Sports Act of 2026, more than 2 of the top 10 historic opponents in intercollegiate football of a member institution were out-of-conference opponents of the member institution in intercollegiate football during the most recently completed season, the covered entity shall require the member institution to play intercollegiate athletic competitions within intercollegiate football that constitute traditional rivalries, and ensure that-- "(i) the member institution plays not fewer than 2 intercollegiate athletic competitions within intercollegiate football that constitute a traditional rivalry every 4 years; and "(ii) the member institution plays not less than 1 intercollegiate athletic competition within intercollegiate football each year with an institution that is in a different conference and is one of the top 5 historic opponents in intercollegiate football of the member institution. "(B) Institutions with fewer than 4 out-of-conference rivals.--If a member institution is subject to the requirements under subparagraph (A), and fewer than 4 of the top 10 historic opponents of the member institution in intercollegiate football are member institutions that belong to a different conference, the member institution shall seek to comply with clauses (i) and (ii) of subparagraph (A) to the extent practicable. "(C) Savings clause.--Nothing in this paragraph shall be construed to affect the ability of a member institution to engage in intercollegiate athletic competitions within intercollegiate football against any other member institution within the same conference that was 1 of the top 10 historic opponents in intercollegiate football of the member institution as of the date of enactment of the Protect College Sports Act of 2026. "(3) Periodic review; authority to modify requirements.--8 years after the date of enactment of the Protect College Sports Act of 2026, and periodically thereafter, but not more frequently than once every 4 years, the covered entity-- "(A) may review the effects of the requirements under this subsection on fan interest, student athletes, media revenues, and preservation of traditional rivalries and historic opponents; and "(B) may modify the requirements under this subsection. "(4) No effect on conferences and institutions outside covered entity.--Nothing in this subsection requires any conference or institution that is not in the covered entity to schedule an intercollegiate athletic competition against any other institution, regardless of whether such an intercollegiate athletic competition is a traditional rivalry. "(h) Enforcement of the Act; Right to Cure.-- "(1) Private right of action.--Subject to paragraph (2), a person aggrieved by a violation of section 1(b), this section, section 6, or section 7, including a party to a joint agreement to form the covered entity, may bring a civil action against the covered entity in an appropriate district court of the United States. "(2) Notice and opportunity to cure.--A person may only bring a civil action under paragraph (1) for a violation of section 1(b), this section, section 6, or section 7 if-- "(A) not later than 1 year before bringing the civil action, the person provides to the defendant specific notice of the violation and an opportunity to cure the violation; and "(B) the defendant does not cure the violation during the 1-year period beginning on the date of the notice described in subparagraph (A). "(i) Participation in Covered Entity Optional.-- "(1) In general.--Nothing in this Act shall, under Federal or State law, establish or be construed to require, mandate, or encourage any institution or conference to join, participate in, or transfer any media rights to the covered entity or to create or give rise to any duty, obligation, or standard of care to take such action. "(2) Effect on liability.--Nothing in this Act, any amendments made by this Act, or a decision by an institution or conference to decline to join or participate in the covered entity may be used to support any claim, cause of action, or theory of liability under Federal or State law that would impose liability on an institution or conference or compel an institution or conference to join or participate in the covered entity. "(3) No abrogation of existing contracts.--Nothing in this section shall be construed to abrogate, terminate, or modify a contract or other legally enforceable agreement in effect on the date of enactment of the Protect College Sports Act of 2026, or to provide a defense to or immunity from a claim arising from breach or nonperformance of such contract or legally enforceable agreement. "(4) No liability for declining to participate in covered entity.--Nothing in this Act shall be construed to permit a person to bring an action under Federal or State law to challenge a decision by an institution or conference to not join or participate in the covered entity.". SEC. 204. MARKET LEVEL BROADCAST ACCESS FOR COLLEGE FOOTBALL AND BASKETBALL. The Sports Broadcasting Act of 1961 is amended by inserting after section 5 (as added by section 203 of this Act) the following: "SEC. 6.

Text printed in the Record (10,543 characters)

MARKET-LEVEL BROADCAST ACCESS FOR COLLEGE FOOTBALL AND BASKETBALL. "(a) Definitions.--In this section: "(1) Designated market area.--The term `designated market area' has the meaning given the term in section 122(j)(2)(C) of title 17, United States Code. "(2) Local designated market area.-- "(A) In general.--The term `local designated market area' means an area that-- "(i) consists of a designated market area that includes the principal campus of an institution that is a member of the covered entity; and "(ii) at the election of the member institution and the applicable network, distributor, or licensee holding market-level rights, may include not more than 1 additional geographically adjacent designated market area, or designated market area within the State in which the principal campus of the member institution is located, in which a substantial portion of the student body, alumni, or in-State resident population of the member institution resides. "(B) Publication of list.--The Federal Communications Commission shall-- "(i) not later than 180 days after the date of enactment of the Protect College Sports Act of 2026, publish a list of designated market areas described in subparagraph (A); and "(ii) maintain the list described in clause (i) on a public website. "(3) Local outlet option.--The term `Local Outlet option' means the opportunity for not less than 1 outlet to carry a live intercollegiate athletic competition without charge to viewers within the local designated market area of a member institution that is participating in the competition. "(b) Requirement of Local Outlet Option.-- "(1) In general.--As a condition of the exemption under section 1(b)(1), the covered entity shall make commercially available by purchase or license, on a non-exclusive basis, for each intercollegiate athletic competition in football or basketball, not less than 1 Local Outlet option in the local designated market area of each member institution participating in the competition. "(2) Rule of construction.--Nothing in paragraph (1) shall be construed to require carriage of an intercollegiate athletic competition by more than 1 Local Outlet in a given designated market area. "(3) No effect on national media agreements.--Nothing in paragraph (1) shall limit the covered entity's ability to negotiate nationwide or regional media agreements. "(4) Requirement fulfillment.--A national rights holder may satisfy the requirement under paragraph (1) by making intercollegiate athletic competitions available to viewers in the applicable local designated market areas using an offering that the rights holder owns or is affiliated with that is freely available to viewers. "(c) Good Faith Negotiation.-- "(1) In general.--Each covered entity, and any network, distributor, or licensee holding market-level rights or seeking Local Outlet option rights to intercollegiate athletic competitions described in subsection (b), shall negotiate in good faith to fulfill the requirement of that subsection. "(2) Enforcement.--The Federal Communications Commission shall have jurisdiction over complaints alleging a violation of paragraph (1).". SEC. 205. PROHIBITION ON CERTAIN CONFERENCE MERGERS OR ACQUISITION. The Sports Broadcasting Act of 1961 is amended by inserting after section 6 (as added by section 204 of this Act) the following: "SEC. 7. PROHIBITION ON CERTAIN CONFERENCE MERGERS AND ACQUISITIONS. "(a) Violation of Antitrust Laws.--It shall be unlawful under the antitrust laws, as defined in section 1(a), for-- "(1) any covered conference that reported more than $700,000,000 in revenue on its fiscal year 2025 tax return or any subsequent tax return to-- "(A) 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 "(2) any entity to merge with, acquire, or consolidate the assets or media rights of a covered institution, or multiple covered institutions, for the purpose of creating a new conference or intercollegiate athletic association. "(b) Defenses Not Applicable.--A transaction prohibited under subsection (a) may not be justified by efficiencies, procompetitive effects, or any other defense under the antitrust laws, as defined in section 1(a). "(c) Effect.--Any transaction consummated in violation of subsection (a) shall be void. "(d) No Impact on Covered Entity.--Nothing in this section shall be construed to prohibit the creation of the covered entity under section 5. "(e) Applicability.--Nothing in subsection (a) shall be construed to apply to a covered conference that-- "(1) is in existence on the date of enactment of this section or a subsidiary of such covered conference; and "(2) has not reported more than $700,000,000 on its fiscal year 2025 tax return or any subsequent tax return. "(f) Definitions.--In this section: "(1) Covered conference.--The term `covered conference' means a conference, the primary athletic revenue of which is derived from the sale or transfer of media rights relating to intercollegiate football. "(2) Covered institution.--The term `covered institution'-- "(A) for purposes of subsection (a)(1)-- "(i) during the 6-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 3 years, competed in intercollegiate football as a member of a covered conference that reported more than $700,000,000 in revenue on its fiscal year 2025 tax return or any subsequent tax return; and "(ii) after the termination of the period described in clause (i), means an institution that, as of the day before the date of a transaction described in subsection (a)(1), competes in intercollegiate football as a member of a covered conference that reported more than $700,000,000 in revenue on its fiscal year 2025 tax return or any subsequent tax return; and "(B) for purposes of subsection (a)(2), means an institution that has, at least once in the preceding 5 years, competed in intercollegiate football as a member of a covered conference that reported more than $700,000,000 in revenue on its fiscal year 2025 tax return or any subsequent tax return.". SEC. 206. AMENDMENTS TO INTERCOLLEGIATE AND INTERSCHOLASTIC FOOTBALL CONTEST LIMITATIONS. (a) In General.--Section 3 of the Sports Broadcasting Act of 1961 (15 U.S.C. 1293) is amended-- (1) in paragraph (2), by striking "and" at the end; (2) in paragraph (3), by striking the period at the end and inserting ", and"; and (3) by adding at the end the following: "(4) the season and any postseason, including championships, of such intercollegiate football contests conclude not later than January 8 of any year, to the extent practicable.". (b) Protection of Army-Navy Game.--Section 3 of the Sports Broadcasting Act of 1961 (15 U.S.C. 1293) is amended-- (1) by inserting "(a)" before "The first sentence"; and (2) by adding at the end the following: "(b)(1) Section 1(b) shall not apply to any joint agreement described in that section that permits any person to sponsor, telecast, or authorize the telecast of any postseason intercollegiate football contest involving an institution participating in the Football Bowl Subdivision during the protected Army-Navy Game broadcast window. "(2) For purposes of this subsection, the term `protected Army-Navy Game broadcast window' means the period beginning 1 hour before scheduled kickoff and ending 30 minutes after the official conclusion of the telecast of the annual football game between the United States Military Academy and the United States Naval Academy occurring on the second Saturday in December in any year.". SEC. 207. MEDIA RIGHTS UTILIZATION REQUIREMENT FOR COLLEGE SPORTS OTHER THAN FOOTBALL AND BASKETBALL. (a) Definitions.--In this section, the terms "covered entity", "intercollegiate athletic competition", "member conference", and "member institution" have the meanings given those terms in section 8 of the Sports Broadcasting Act of 1961, as redesignated by section 201(b)(1) of this Act. (b) Requirement of Use.--A distributor to which any media rights for intercollegiate athletic competitions in a sport other than football or basketball are sold, licensed, or otherwise conveyed by the covered entity or its member institutions or member conferences after the date of enactment of this Act shall affirmatively use those rights by making the competitions reasonably available to the public not later than 1 year after the effective date of the agreement under which the rights are sold, licensed, or otherwise conveyed. (c) Reversion of Rights.-- (1) Failure to use rights; opportunity to cure.--If a distributor to which media rights for intercollegiate athletic competitions in a sport other than football or basketball are sold, licensed, or otherwise conveyed as described in subsection (b) does not use the rights during the 1-year period beginning on the effective date of the agreement under which the rights are sold, licensed, or otherwise conveyed, the covered entity, member institution, or member conference notifies the distributor after the expiration of that 1-year period of the distributor's failure to use the rights, and the distributor does not use the rights during the 180-day period beginning on the date of the notification, the rights for that sport shall revert to the originating covered entity, member institution, or member conference. (2) Reconveyance.--Upon the reversion of rights under paragraph (1), the covered entity, member institution, or member conference may resell, relicense, or otherwise reconvey the rights to another entity without penalty or liability for breach of the original agreement described in that paragraph. (d) Savings.--Nothing in this section shall be construed to modify the Sports Broadcasting Act of 1961, as amended by this title. SEC. 301. SHORT TITLE. This title may be cited as the "HBCU Sports Media and Connectivity Program". SEC. 302.

Text printed in the Record (9,137 characters)

GRANTS FOR IMPROVEMENT OF BROADBAND, TECHNOLOGY, MEDIA, AND SPORTS BROADCAST INFRASTRUCTURE OF HBCUS. (a) In General.-- (1) Grants authorized.--The Assistant Secretary, in consultation with the Secretary, shall award grants to eligible entities, on a competitive basis, to support long-term improvements to broadband, information technology, media infrastructure, including infrastructure for the production, transmission, and distribution of live coverage of intercollegiate athletic events, and local journalism for student learning. (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 Assistant Secretary based on the information submitted by such entity under subsection (b) that is not less than 2 years and not more than 5 years. (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 Assistant Secretary that includes-- (1) to the extent possible, the information necessary for the Assistant Secretary, in consultation with 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 assessment of the broadband service available on the campus of the eligible entity, and to the students of the eligible entity, as of the date of the application; (4) an explanation of-- (A) how such investments in broadband, information technology, and media production, including sports media and live coverage of intercollegiate athletic events, and local journalism at such eligible entity will promote and advance educational opportunities; and (B) the anticipated number of years that any facilities constructed, improved, or replaced under such projects may be used to facilitate the opportunities and investments described in subparagraph (A); (5) the median age of the facilities that such entity plans to improve or replace under such projects, if existing and applicable; (6) if the eligible entity proposes a project described in paragraph (2) or (4) of section 303(a), a description of how the project will expand the capacity of the eligible entity to produce, transmit, or distribute live coverage of intercollegiate athletic events, including events in women's sports and Olympic sports, and, as applicable, to make such live coverage available in the local market of the entity as well as for digital distribution; and (7) if relevant to the application-- (A) baseline measurements as of the date of the application, in the form prescribed by the Assistant Secretary, of-- (i) available network capacity and average and peak utilization over the preceding 12 months; and (ii) the number and percentage of enrolled students who lack access to broadband, and the methodology used to determine that figure; and (B) for each baseline measurement submitted under subparagraph (A), a specific, numerical target the entity commits to achieve by the end of the grant period, and the date by which each target will be met. (c) Priority.--In awarding grants under this section, the Assistant Secretary, in consultation with the Secretary-- (1) shall give priority to an eligible entity that-- (A) demonstrates the greatest need to improve campus broadband and information technology infrastructure, as determined by a comparison of factors identified by the Assistant Secretary, which may include-- (i) the availability, capacity, and condition of broadband service and network infrastructure on the campus of the eligible entity; (ii) the median age of the network and information technology infrastructure that the entity will use grant funds to improve; (iii) the extent to which student enrollment and instructional demands exceed existing network capacity; and (iv) the total amount of deferred maintenance of the network and information technology infrastructure of the entity; (B) demonstrates the most limited capacity to raise funds for the long-term improvement of campus broadband and information technology infrastructure, 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 infrastructure; 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; (E) demonstrates an effort to seek support from public and private entities for projects carried out with a grant awarded under this title; and (F) proposes a project with the lowest total cost per student projected to be served, taking into account short-term and long-term costs of the project, cost differentials between geographical regions, and other key cost drivers over the lifetime of the project, and demonstrates how those factors contribute to overall cost efficiency; and (2) may give priority to an eligible entity-- (A) that did not receive a grant under this title in the preceding fiscal year; (B) 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; or (iii) address the needs of at least 1 eligible entity in addition to the entity receiving the grant; (C) that is a member of an HBCU athletic conference; (D) that commits to using the facilities and equipment funded under the grant to produce or distribute live coverage of intercollegiate athletic events in women's sports and Olympic sports; or (E) that has entered into, or demonstrates plans to enter into, a partnership, licensing arrangement, or distribution agreement with a covered entity, a conference, an intercollegiate athletic association, or a video programming distributor with respect to media rights to intercollegiate athletic events of the eligible entity. (d) Geographic Distribution.--In evaluating applications receiving equivalent scores under the criteria published under subsection (f)(2), the Assistant Secretary may consider the geographic distribution of eligible entities in the United States. (e) Technical Assistance.--The Assistant Secretary, in consultation with the Secretary, shall provide technical assistance to eligible entities to prepare the entities to qualify for, apply for, and maintain a grant under this title. (f) Program Accountability.-- (1) Public input.--Not later than 120 days after the date on which amounts are first appropriated to carry out this title, the Assistant Secretary shall publish in the Federal Register a request for public comment on the design and administration of the grant program under this title, with a comment period of not less than 45 days. (2) Program guidance.--Not later than 120 days after the close of the comment period under paragraph (1), and before accepting any application, the Assistant Secretary shall publish-- (A) guidance for the grant program under this title, including all application requirements; (B) the criteria the Assistant Secretary will use to evaluate applications, including the numerical weight assigned to each criterion; and (C) the process and timeline for awarding grants. (3) No post hoc changes.--The Assistant Secretary shall endeavor to evaluate an application on the basis of the criteria and weights published under paragraph (2) that were in effect on the date on which the application window opened. (4) Publication of scores.--Not later than 30 days after awarding grants for a fiscal year, the Assistant Secretary shall make available to the appropriate congressional committees, for each grant awarded, the name of the recipient, the amount of the grant, and the score assigned to the recipient's application under each criterion published under paragraph (2). SEC. 303.

Text printed in the Record (11,971 characters)

GRANT USES. (a) Permitted Uses.--Except as provided in subsection (c), an eligible entity that receives a grant under this title shall use the grant funds to carry out at least one of the following activities: (1)(A) Install, upgrade, or extend the life of-- (i) high-speed broadband internet infrastructure sufficient to support digital and technology-based learning, except that no funds may be used for broadband infrastructure deployment to any location that is already served by qualifying broadband service or is subject to enforceable deployment obligations, as determined by the Assistant Secretary; (ii) campus-wide broadband networks, including adjacent infrastructure and 5G and future network generations; and (iii) other broadband infrastructure that provides support for teaching, learning and research. (B) Modernize, renovate, or retrofit campus facilities, including preserving facilities with historic significance, to facilitate projects under this paragraph. (2)(A) Construct, install, maintain, or facilitate-- (i) equipment or infrastructure used for training and education in digital media production and distribution facilities, including tools and equipment that support instruction in television or radio broadcasting on stations located on the campus of or affiliated with the eligible entity; and (ii) facilities, equipment, or services for the studio of digital media production or production for television or radio broadcast stations located on the campus of or affiliated with the eligible entity. (B) Support technology, broadcast engineering, and journalism instruction through existing courses and supervised training programs that are-- (i) operated by or affiliated with the eligible entity; and (ii) used primarily for instructional and experiential learning purposes. (3) Establish new, or improve existing, laboratories or research facilities relating to the fields of communications technology, broadcast engineering, media, journalism, and other disciplines, as determined by the Assistant Secretary in consultation with the Secretary. (4) Construct, install, upgrade, or operate-- (A) media production facilities, including production control rooms, master control facilities, and mobile or remote production units, for the coverage of intercollegiate athletic events; (B) cameras, replay, graphics, audio, and other production equipment, and transmission infrastructure, including fiber, satellite, and internet protocol transmission, sufficient to produce live coverage of intercollegiate athletic events at the technical standards of national and regional video programming distributors; (C) streaming and digital distribution infrastructure enabling the eligible entity to distribute live coverage of intercollegiate athletic events directly to the public, including in the local market of the eligible entity; and (D) programs that train students of the eligible entity in sports programming, including coverage, production, distribution, and all other aspects of media operations, integrated where practicable with the journalism and media programs of the entity. (b) Additional Resources.--An eligible entity that receives a grant under this title may use the grant funds to-- (1) purchase or lease eligible equipment, excluding personal devices, for shared instructional and research use by students, faculty, and other designated instructional and research personnel of the eligible entity, provided that equipment is relevant to uses described in subsection (a); (2) establish, expand, or operate information technology and network operations capacity, including hiring and training information technology personnel to support student learning; (3) strengthen the cybersecurity posture of the networks and information systems of the eligible entity, including through network monitoring, endpoint protection, and cybersecurity workforce training to support student learning; (4) provide digital skills and relevant occupational training to students; (5) subscribe to broadband internet access service, for each eligible student through a single broadband connection that provides sufficient speed, reliability, and data capacity to support online learning for enrolled students of the eligible entity who individually demonstrate financial need through information submitted through the Free Application for Federal Student Aid (commonly known as the "FAFSA") and lack access to broadband for learning; or (6) acquire and install research-related equipment and technology in the campus facilities of the eligible entity related to telecommunications, journalism, media, and cybersecurity. (c) Prohibited Uses.--An eligible entity that receives a grant under this title may not use the grant funds for-- (1) payment of routine and predictable maintenance costs or minor repairs; (2) 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; (3) 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; (4) last-mile deployment of broadband service to a campus of an eligible entity-- (A) that already has access to broadband service at a download speed of not less than 1 gigabit per second at the eligible entity's primary network aggregation point; or (B) where there is a legally enforceable obligation to deploy broadband service at the speed described in subparagraph (A); or (5) technology whose primary purpose is fundraising or the conduct of ceremonial events. (d) Encouraging Partnerships.--The Assistant Secretary and the Secretary shall encourage partnerships between eligible entities and public and private entities to-- (1) provide funding in addition to the grants provided under this title; and (2) assist in carrying out the activities funded by grants awarded under this title. SEC. 304. COORDINATION. (a) In General.--In carrying out this title, the Assistant Secretary, in consultation with the Secretary, shall coordinate with the following entities to ensure efficient administration, avoid duplication of funding and efforts, and maximize student achievement: (1) The Federal Communications Commission, including with respect to-- (A) the E-Rate program set forth in subpart F of part 54 of title 47, Code of Federal Regulations; (B) broadband availability data collected under title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.); (C) the broadcast licensing of noncommercial educational broadcast stations operated by eligible entities; and (D) the local broadcast availability of intercollegiate athletic events. (2) State broadband offices, with respect to funds made available under the Broadband Equity, Access, and Deployment Program established under section 60102 of the Infrastructure Investment and Jobs Act (47 U.S.C. 1702). (3) Other Federal agencies, including the Department of Agriculture, that fund Federal broadband deployment programs. (4) Intercollegiate athletic associations and any covered entity, with respect to production standards, media rights, and distribution arrangements relevant to projects funded under this title. (5) The Director of the Office of Minority Broadband Initiatives. (b) Streamlined Applications.--The Assistant Secretary shall, to the extent practicable, align the application requirements under this title with the requirements of other Federal broadband programs in order to reduce administrative burdens on eligible entities. (c) Nonduplication.--In carrying out coordination activities under subsection (a), the Assistant Secretary shall ensure that any grant or other funds provided under this title avoid duplication with a project that has received Federal funds from a Federal entity described in that subsection. SEC. 305. REPORTS AND EVALUATION. (a) Report to Congress.-- (1) In general.--Not later than 2 years after the first award of a grant under this title, and annually thereafter, the Assistant Secretary, in consultation with the Secretary, shall submit to the appropriate congressional committees a report on the projects carried out with grant funds awarded under this title. (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 title, an assessment of-- (i) the types of such projects; (ii) the total cost of each such project; (iii) the geographic distribution of such projects; and (iv) the demographic and socioeconomic composition of the student population served by such projects; (B) an evaluation of a sample of grant recipients, selected by the Assistant 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 in improving student achievement; (C) with respect to projects described in paragraphs (2) and (4) of section 303(a), the number of intercollegiate athletic events and other campus media productions produced, transmitted, or distributed using facilities or equipment funded under this title, disaggregated by sport and including events in women's sports and Olympic sports; and (D) the number of students receiving training in journalism, broadcasting, or media production supported under this title. (b) Grantee Reporting Requirements.--Not later than 90 days after the end of the grant period for a grant awarded under this title, the grantee shall submit to the Assistant Secretary a final report that-- (1) describes the use of grant funds, the status of each funded asset, and the grantee's performance against each target submitted under section 302(b)(7)(B); and (2) meets any additional requirements established by the Assistant Secretary in accordance with part 200 of title 2, Code of Federal Regulations. (c) Measures of Usage and Engagement.--Device utilization, log-in counts, bandwidth consumed, platform hours, or any other measure of usage or engagement may not be-- (1) used to fully satisfy any performance metric under this title; or (2) reported as evidence of the effectiveness of a program carried out using grant funds awarded under this title. SEC. 306. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term "appropriate congressional committees" means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Education and Workforce of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Assistant secretary.--The term "Assistant Secretary" means the Assistant Secretary of Commerce for Telecommunications and Information. (3) Covered entity.--The term "covered entity" has the meaning given the term in the Act of September 30, 1961 (commonly known as the "Sports Broadcasting Act of 1961") (15 U.S.C. 1291 et seq.), as amended by title II of this Act. (4) Eligible entity.--The term "eligible entity" means-- (A) a part B institution; or (B) an institution or program listed under section 326(e)(1) of the Higher Education Act of 1965 (20 U.S.C. 1063b(e)(1)). (5) HBCU athletic conference.--The term "HBCU athletic conference" means a conference the membership of which consists predominantly of part B institutions. (6) Intercollegiate athletic association; conference.--The terms "intercollegiate athletic association" and "conference" have the meanings given those terms in section 100 of this Act. (7) Part b institution.--The term "Part B institution" has the meaning given the term in section 322 of the Higher Education Act of 1965 (20 U.S.C.

Text printed in the Record (524 characters)

1061). (8) Secretary.--The term "Secretary" means the Secretary of Education. (9) State.--The term "State" has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). SEC. 307. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $180,000,000 for each of fiscal years 2027 through 2032. The PRESIDING OFFICER. Under the previous order, the motion to reconsider is considered made and laid upon the table. The Senator from Washington.

Christopher A. Coons (D-DE)

Mr. President, I rise to clarify that the effect of the antitrust exemption in section 118 of the Protect College Sports Act in the event that the House settlement expires or terminates and Congress does not extend the revenue share cap. To be clear, the antitrust immunity for enforcing and complying with sections 114 and 115 applies only to the extent that the provisions of those sections continue to have force or effect. Senator Coons, do you agree that this is the intent of the legislation?

Senator Cantwell, I agree that that is the intent of our legislation.

Christopher A. Coons (D-DE)

Mr. President, I note that the Protect College Sports Act is also critical to local broadcasters. Right now, too many college football games are trapped behind paywalls. The Protect College Sports Act aims to change that by supporting consumers' access to TV. And I understand Senator Moran has entered a statement in the record on this topic; and I agree with him on this, in putting college football on free TV on local broadcasting stations instead of in paywalls. I did not, before the vote, take time to thank all the people involved with this legislation, and I would like to take that opportunity now. First of all, I want to thank Senator Cruz for his partnership on this legislation and working to create a bipartisan bill that I think the majority of our colleagues showed tonight that they support, and I hope that we will get our colleagues in the House of Representatives to also agree on that before the end of the year. Obviously, this legislative process is a challenging one, and we would not have been here at this moment without a lot of help from a lot of different people. I want to thank especially Senators Schmitt and Coons for their tremendous leadership in being partners with Senator Cruz and I on this legislation. The two of them provided key input, support--debatable, argumentative points of view at various points of time. But there is no way we would have gotten this legislation over the goal line without Senator Schmitt and Senator Coons, and I just want to thank them immensely for their long partnership in working with Senator Cruz and myself. And I also want to thank James Barton, who is with Senator Coons, because he played a key role in all of this, and I very much appreciate his support. I also want to thank key members of the Commerce Committee because they played very important roles in this: Senator Hickenlooper drafting the language and negotiation as it related to the U.S. Olympic provisions of the bill; Senator Lujan for drafting and getting amendments accepted related to the coaches; Senator Baldwin on a key amendment that we just adopted tonight by, as I said earlier, a record 96 to 1 vote, which shows that this place, when you let the right people in the room, can come to a conclusion--not just that, but that our colleagues also trust that that process can work too and rewarded that with a big, big vote tonight. So very much appreciate that. I also appreciate the President's sports council--Randy Levine, Cody Campbell, Jack Swarbrick--all played big roles in this, probably nobody more than Randy Levine in constantly pushing the White House point of view on this legislation and Cody Campbell making sure that everybody understood that opening up the Sports Broadcasting Act was a great idea. That also seconded, obviously, by Jack, who added an AD perspective to the debate. I also want to thank a couple of big Washingtonians who played a key role in this. Mark Few, the famous--now Hall of Fame--Gonzaga coach who was just constant--now I know what it would have been like to play for Gonzaga because he was constantly saying: Maria, it is just about getting the basics done, about eligibility, about transfer, and about basic rules. And he reminded me of that all the time. I also want to thank Washington AD Pat Chun, who took endless phone calls from us. I want to thank WSU President Cantwell, who was in a trying situation of her own. Literally, the Pac-12 blew up, took $35 million of revenue out of her institution, and she had to figure out a path forward and engage on this legislation and try to help us all think about what is a fair way to move college sports forward, and she did that. And I appreciate her time. And certainly Pac-12 commissioner Teresa Gould, who testified before the committee and added a lot of input about what not to do next, and I just can't thank her enough because I see even tonight some of this debate veered into the realm of what not to do. And I hope that we can continue to make corrections on that as we dialogue with our House colleagues because the last thing that we need to do is have another Pac-12 incident. But we need to grow regional sports, grow the regional system, and make it stronger. I also want to thank the many people on the Commerce Committee staff who--oh, I have to thank Senator Welch. Senator Welch also signing on early to the legislation, Senator Peters helping us with the Big 10, Senator Klobuchar doing the same, all of them were so helpful in this legislation. Now to the committee staff. Senator Cruz talked a lot about how this negotiation went on for months and months and months and hours and hours a day, and he talked about Cuban coffee. All that was true. It took a lot to keep us in a room discussing immense legal terms with a variety of conferences and individuals and athletes from all over the country. But I want to thank staff director Lila Helms, our general counsel Melissa Porter, Nicole Frazer, Phil Murphy, and Ramesh Nagarajan. Those individuals right there spent the majority of time working on this legislation. But Shannon Smith, who served on the committee for 5 years and recently retired, she deserves a jersey all by herself. I kid with her about saying it is going to say "Jaxon Smith-Njigba," but instead, it is just going to say "Shannon Smith" and then some name because she deserves a new title for the immense amount of effort. We would just not even have a bill on the floor tonight if it weren't for her efforts. But Nicole and Melissa and Lila, I can't say enough about their leadership and patience in driving a process that was just fraught with different opinions. That is just all there is to it, fraught with different opinions and a lot of negotiations. So I think it will go down in history as one of the most challenging issues because, unlike a lot of policy issues that we deal with here in the U.S. Senate, you have different issues and they follow a certain path. They follow a construct. It might be consumer versus business; it might be various things. In this case, we had a lot of different viewpoints across the entire ecosystem of sports. And if there was a characterization here, it was definitely that nobody wanted the two big divisions to run away and be a super league and continue to X out the revenue and that everybody wanted to drive some sanity back into the system. But that sounds simple compared to what these individuals went through. So I really can't thank enough Lila Helms, Melissa Porter, and Nicole Frazer for their incredible work on this. Phil and Ramesh, great work, challenging policy, appreciate their efforts. I want to thank Elizabeth Cuttner; Erik Eykel; Kate Sprague; Connor Jennings; Tricia Enright; Rob Blumenthal; Ciara O'Donoghue; Josephine Laing; Zoe Garrett; and Amit Ronen from our staff, who is here on the floor tonight; Ansley Lacitis, who I think got to know the entire press corps for sports across the United States and took all their questions and probably has some to feed back to them; Lauren Bazel; Seth Kolloen. And I want to thank Senator Cruz' staff because, obviously, they worked very hard on this legislation. Brad Grantz, his staff director; Nicole Christus; Joel Wellum--I want to thank Joel specifically because Joel obviously took a lot of direct questioning, a lot of pushing by us and me particularly, and I appreciate his hard work--Michael Spierto; Ryan Cannon; and Justin Adams and Casey Contres. So there is no way to really sum up all of the thanks in one statement. I do want to thank my colleague Senator Moran, who is on the floor tonight, because he started this effort in the committee many years ago and had great thoughts on what we needed to do and got us all pointed in the right direction and kept the dialogue moving through myself and Senator Wicker, and then as Senators Booker and Blumenthal and I continued to dialogue, and then ultimately Senator Schmitt and I, and Senator Coons and Schmitt and I, and then ultimately this legislation with Senator Cruz and I. So this long, challenged situation of figuring out how to make more sense out of college sports, I want to thank him as well. So we definitely made the will of the Senate work tonight, and I hope we can do more of that. I hope we can find where there is the ability to solve problems. We obviously have a very big difference of opinion, but there probably isn't a bigger gulf and difference of opinion. I say Senator Cruz and I probably disagree on 25 different issues, and that is just in the Commerce Committee, but if we can do that tonight and produce a product, I guarantee you the rest of us can. And tonight, it is about making sports about sports again. So I thank my colleagues for this legislation and now on to working with our colleagues in the House. I yield the floor.

The PRESIDING OFFICER

The Senator from Delaware.

Mr. President, I just wanted to briefly add my comments this evening to thank Senator Cantwell and Senator Cruz. They have shown how two Senators from very different backgrounds, different regions, and different political values can work together tirelessly to hammer out a bipartisan solution that tonight won 77 votes on the floor of the U.S. Senate. I want to specifically thank my chief counsel James Barton, who helped me get up to speed on this issue and make modest contributions at the early stages of this legislation, and to thank the staff of Senators Cantwell and Cruz for their tireless work on this over many cups of Cuban coffee, over many late-night conversations, over lots of texts and emails and meetings. It was my honor to make small contributions to this great work by Senators Cantwell and Cruz, who have demonstrated what is possible in this body when folks bend their will toward something that matters to hundreds of millions of Americans but that is complicated and has lots of competing interests and lots of challenging issues at stake. I look forward to working with my friends and colleagues in the House to ensure this bill gets passed and signed into law. I yield the floor.

The PRESIDING OFFICER (Mr. Moreno)

The Senator from Kansas.

Morning Business

Page S5064 · Official text

Mr. 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.

Protect College Sports Act of 2026

Page S5064 · Official text

Mr. President, I am pleased to be here on the floor tonight to see this legislation pass. I appreciate the remarks of the Senator from Washington Senator Cantwell. I appreciate her and Senator Cruz, the ranking member and the chairman of the Commerce Committee, of which I am a member. At one point in time, I chaired the subcommittee that engaged in amateur athletics. A long time ago, we started down this path, and it is nice to see a resolution of this issue, and I thank all of those involved.

Relating to the Death of the Honorable Nancy Kassebaum, Former United States Senator for the State of Kansas

Pages S5064–S5065 · Official text

RELATING TO THE DEATH OF THE HONORABLE NANCY KASSEBAUM, FORMER UNITED STATES SENATOR FOR THE STATE OF KANSAS

Mr. President, tonight, I rise to request the passage of my resolution honoring the life and legacy of the U.S. Senator from Kansas Senator Nancy Kassebaum. During her three terms serving in this Chamber, Senator Kassebaum was a trailblazer who perfectly embodied the pioneering spirit of our State and the people who call it home. She made history as the first woman to represent Kansas in the U.S. Senate, and she served from 1978 to 1997. During that time, she earned the admiration of Kansans not just because of her accomplishments--although they were many and they were impressive--but because Kansans knew that they could trust her to represent them with integrity and mutual respect. A native of Topeka and a graduate of the University of Kansas, Senator Kassebaum cared deeply about her State. She understood our State; she understood its people; and she knew that our people made the best place called home special. She and her husband raised their four children in Maize, which is a little town outside of Wichita. There, she also served on the Maize Board of Education--the only elected office she would hold before Kansans chose her to represent them in the U.S. Senate in 1978. I was fortunate enough to know Senator Kassebaum well over the years, and I campaigned for her before she was a U.S. Senator in my part of the State of Kansas--Western Kansas--during her first election and the campaigns that followed. In each of those interactions, I appreciated her friendship, and throughout our time of knowing each other, I appreciated her counsel. She was deeply respected across our State, and Kansans remain grateful for the way in which she represented us with such intelligence and dedication. Her colleague for most of the time she was in the U.S. Senate was Bob Dole. Perhaps Bob Dole received more national attention--in fact, I know he did; he ran for President three times--but they were friends and colleagues, and they worked well together, though they brought different perspectives to the U.S. Senate and to the people of our State. Senator Bob Dole described that legacy of Nancy Kassebaum in remarks as they prepared to leave the Senate after serving together for nearly two decades. Speaking on the Senate floor on June 10, 1996, Senator Dole said of Senator Kassebaum:

Text printed in the Record (164 characters)

Nancy Kassebaum does not speak in a loud voice. She does not clamor for media attention. But as all Senators know, while her voice may be quiet, her will is strong.

Senator Dole continued:

Text printed in the Record (169 characters)

For 18 years, she has simply represented the people of Kansas to the best of her abilities, and she has made a positive difference for Kansas and America in the process.

That was the Senator Kassebaum who was so deeply respected by the citizens of our State. She was committed to making certain that her service in the Senate reflected the trust Kansans placed in her. And as we reflect on her legacy today, it is evident that she succeeded. Upon her death, Kansans mourned greatly. In much of my time in the U.S. Senate, I have listened to Kansans who say they wish that Senator Dole and Senator Kassebaum were their Senators, and if you are over the age of 50 in our State, those are the people you think of as the Senators from our State. In both instances with Senator Dole and Senator Kassebaum, it is our opportunity to try to replicate some of the things that they represented and some of the accomplishments they had here on the U.S. Senate floor. Senator Kassebaum's time in public service embodied the institution of the Senate when it was at its best. This body, our Nation, and the State of Kansas have been changed for the better because of her service. Following her retirement from the Senate, she married another Senator, Senator Howard Baker of Tennessee. She continued to invest in the State she loved, and she and Senator Baker continued to represent the United States of America in an ambassadorial position in Japan. She remained a familiar face across our State after that retirement and could be seen at the State fair speaking with Kansans and hearing about issues that they were facing in those days. That, too--that listening to Kansans and being among Kansans--was Senator Nancy Kassebaum. She will be deeply missed, but her legacy will not be forgotten. As we pay tribute to her life, we join the entire Kassebaum family in mourning a loss that will be felt deeply. I extend my condolences to her children Bill and John; to her stepchildren Cissy and Darek; and to her grandchildren and great-grandchildren. I ask the Senate to join me in honoring her life and legacy that she leaves behind from that service, from that commitment, and from the respect that she gave and that she earned. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 913, submitted earlier today.

The PRESIDING OFFICER

The clerk will report the resolution by title.

The legislative clerk read as follows:

Text printed in the Record (136 characters)

A resolution (S. Res. 913) relating to the death of the Honorable Nancy Kassebaum, former United States Senator for the State of Kansas.

There being no objection, the Senate proceeded to consider the resolution.

Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and that the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

The PRESIDING OFFICER

Without objection, it is so ordered.

The resolution was agreed to. The preamble was agreed to. (The resolution, with its preamble, is printed in today's Record under "Submitted Resolutions.")

Mr. President, I yield the floor.

The PRESIDING OFFICER

The majority leader.

STOP INSIDER TRADING ACT--Motion to Proceed

Page S5065 · Official text

Mr. President, I move to proceed to Calendar No. 548, H.R. 7008.

The PRESIDING OFFICER

The clerk will report.

The senior assistant legislative clerk read as follows:

Text printed in the Record (212 characters)

Motion to proceed to Calendar No. 548, H.R. 7008, a bill to amend chapter 131 of title 5 to require certain restrictions on stocks for Members of Congress and their spouses and dependents, and for other purposes.

Mr. President, I send a cloture motion to the desk.

The PRESIDING OFFICER

The cloture motion having been presented under rule XXII, the Chair directs the clerk to read the motion.

The senior assistant legislative clerk read as follows:

Text printed in the Record (637 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 motion to proceed to Calendar No. 548, H.R. 7008, a bill to amend chapter 131 of title 5 to require certain restrictions on stocks for Members of Congress and their spouses and dependents, and for other purposes. John Thune, Tim Sheehy, Rick Scott of Florida, Ted Cruz, Ashley B. Moody, Steve Daines, Cynthia M. Lummis, John R. Curtis, Pete Ricketts, Bernie Moreno, John Barrasso, Eric Schmitt, Jon A. Husted, Mike Crapo, David McCormick, Katie Boyd Britt, John Cornyn.

Mr. President, I withdraw the motion to proceed to Calendar No. 548, H.R. 7008.

The PRESIDING OFFICER

The leader has that right.

RATEPAYER PROTECTION ACT--Motion to Proceed

Page S5065 · Official text

Mr. President, I move to proceed to Calendar No. 684, H.R. 9340.

The PRESIDING OFFICER

The clerk will report.

The senior assistant legislative clerk read as follows:

Text printed in the Record (273 characters)

Motion to proceed to Calendar No. 684, H.R. 9340, 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.

Mr. President, I send a cloture motion to the desk.

The PRESIDING OFFICER

The cloture motion having been presented under rule XXII, the Chair directs the clerk to read the motion.

The senior assistant legislative clerk read as follows:

Text printed in the Record (692 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 motion to proceed to Calendar No. 684, H.R. 9340, 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. John Thune, Jon A. Husted, Kevin Cramer, Bernie Moreno, Tom Cotton, Cindy Hyde-Smith, Cynthia M. Lummis, Susan M. Collins, Roger F. Wicker, John Cornyn, Pete Ricketts, Katie Boyd Britt, Mike Rounds, Todd Young, John Boozman, John Hoeven, Ron Johnson.

EXECUTIVE CALENDAR (Executive Session)

Page S5065 · Official text

Mr. President, I move to proceed to executive session to consider Calendar No. 912.

The PRESIDING OFFICER

The question is on agreeing to the motion.

The motion was agreed to.

The PRESIDING OFFICER

The clerk will report the nomination.

The senior assistant legislative clerk read the nomination of Keith Sonderling, of Florida, to be Secretary of Labor.

Cloture Motion (Executive Session)

Page S5065 · Official text

Mr. President, I send a cloture motion to the desk.

The PRESIDING OFFICER

The cloture motion having been presented under rule XXII, the Chair directs the clerk to read the motion.

The senior assistant legislative clerk read as follows:

Text printed in the Record (511 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. 912, Keith Sonderling, of Florida, to be Secretary of Labor. John Thune, Roger Marshall, Jim Banks, John Boozman, Ted Budd, Tom Cotton, Mike Crapo, Katie Boyd Britt, Tommy Tuberville, Tim Sheehy, Mike Rounds, Kevin Cramer, Shelley Moore Capito, John Barrasso, Roger F. Wicker, Alan Armstrong, Bill Hagerty.

Mr. President, I yield the floor.

The PRESIDING OFFICER

The Senator from Oregon.

Unanimous Consent Request

Pages S5065–S5067 · Official text

Mr. President, I come to the floor to propose that Democrats and Republicans join together to stop a monumentally horrific idea, an idea called Trump's triumphal arch. It distorts our history while destroying historic views. It disregards the Constitution's separation of powers. It disrupts air safety at DC's Ronald Reagan Airport, and it disrespects the sacrifices of our veterans and their families. How much worse could an idea possibly be? Then, when Trump encountered fierce pushback about this unfunded, unauthorized construction, he invoked a national security justification, saying the arch would house drones and snipers and ammunition. This is a replay of the justification that he used on his billion-dollar ballroom, gold-plated boondoggle. Those oversight procedures called an authorization by Congress and funding by Congress are absolutely inherent to our Constitution, and we should absolutely not be going forward or be allowing anything to go forward that so blatantly violates so much of what we stand for. Let's talk about why a memorial arch distorts our history. We are a Republic. We are not a monarchy. We are not an imperial regime. It is called a democratic republic. I would like the President of the United States to actually understand the difference. With this arch, he is imitating what the Roman Empire did in commemorating great military victories and leaders. The Arc de Triomphe, in Paris, was commissioned in 1806 by Emperor Napoleon. While Trump may fancy himself a modern American emperor, his war in Iran is hardly a great military victory. It is quite the opposite. It is a towering, 250-foot-tall edifice, topped with golden statues--twice as tall as the nearby Lincoln Memorial that has such a place in the heart of every American, 100 feet taller than the Arc de Triomphe, and 30 feet taller than the largest triumphal arch in the world--the Monumento a la Revolucion in Mexico City. Imitating emperors and authoritarians is not what America is about. Constructing things with no authorization and no funding is in violation of the separation of powers. Let's talk about disregarding the Constitution. Under Federal law, only Congress has the power to approve the placement of new monuments and memorials on Federal lands. It is written into law to ensure that memorials are the product of deliberation and consensus, accountability through the legislative process. But there has been no legislative process in this Congress or any prior Congress that said something about putting a massive arch, disrupting the connection between the Mall and the Lincoln Monument and the Arlington Cemetery. No such discussion has taken place. No congressional deliberation. No congressional authorization. No congressional funding. And yet Trump is planning to divert funds from other accounts while American families are struggling--struggling--because of the high cost of gas and diesel and groceries, fertilizer. Everyone is hurting, but Trump wants to build this massive monument to himself in violation of the very premises of our Constitution. And now he has this brilliant idea. He says he is the smartest man around. His brilliant idea is to launch drones into the air in the runway up to the Reagan Airport. Can someone please explain to him that launching drones into the air with oncoming jets is a bad idea. Just last year, 67 civilians were killed in a flash of light when a plane collided there with a military helicopter. In August of this year, the Presidential helicopter Marine One lifted off at the same time as a jet was taking off from the airport, and that gave a lot of people anxiety. They did not hit each other, thankfully, but close calls are scary as hell. And now Trump says the arch will house a large number of drones to be launched up in the air to counter national security threats. Launching drones directly into the approach of DC's airports is a reckless invitation for a collision. And Trump's proposed arch disrespects the sacrifices of our veterans and their families. Back when I was working for the Secretary of Defense, I traveled through Arlington Cemetery a lot. It is a sacred place. More than 400,000 military servicemembers are laid to rest there across the river. The Americans buried there died defending a Republic by and for the people, not defending a dictator or a sovereign, not defending an imperial regime. A triumphal arch in the tradition of dictators and authoritarians is an insult to their sacrifice defending our Republic. Veterans and their families have come forth and said: Please don't do this. The observation deck that Trump wants to build violates the solemnity of the cemetery's hallowed grounds. As one Gold Star mother put it--a Gold Star mother is someone who lost her son or daughter in battle--she said:

Text printed in the Record (48 characters)

We don't need tourists overlooking the funerals.

So this arch, it distorts our very premise and soul of our country as a Republic. It disregards the separation of powers of our Constitution. It disrupts the air safety of DC's Reagan National Airport, and it disrespects the services and the sacrifices of our veterans buried at Arlington Cemetery. This legislation is very simple and cosponsored by several of my colleagues, and it simply says this: that this arch cannot be built without authorization in law. Mr. President, as if in legislative session, I ask unanimous consent that the Senate proceed to the immediate consideration of this bill at the desk and that the bill be considered read three times and passed and the motion to reconsider be considered made and laid upon the table.

The PRESIDING OFFICER

Is there objection? The Senator from Utah.

I object.

The PRESIDING OFFICER

The objection is heard.

I would ask my colleague from Utah--and I appreciate his staying for this--if I reframe this, if I come back and say unanimous consent, if I come back tomorrow and say let's have debate for an hour on this and actually vote on it, would you object to that or would you approve that, let us debate it and consider it?

I object.

Mr. President, I would like to think that at least, as those in the Senate carried the oath of our office to defend the prerogatives of our Constitution and separation of powers, we could at least debate such a bill rather than block it. Mr. President, I have a second bill I would like to see us pass tonight by unanimous consent. To be summed up in a sentence, a memorial to honor a President of the United States, designated by an act of Congress, may not be demolished unless authorized by an act of Congress. This has, of course, to do with the President planning to demolish the Kennedy Center. Kennedy said:

Text printed in the Record (114 characters)

A nation reveals itself not only by the men it produces but also by the men it honors, [and] the men it remembers.

And those words have taken on special meaning this month. Following President Kennedy's assassination, Congress renamed the National Cultural Center the John F. Kennedy Center for the Performing Arts as a "living memorial" to our slain President--a "living memorial" to our slain President. I was in second grade on the West Coast. The word came. Everything shut down immediately. The Nation wept. And this is the way we honored President Kennedy. It was a fitting memorial to a President who reminded us:

Text printed in the Record (141 characters)

The life of the arts, far from being an interruption, a distraction, in the life of the nation, is close to the center of a nation's purpose.

But now we are in a chapter where President Trump wants to demolish this memorial. He wants to demolish this enormously incredible building, which hosts operas and plays and ballets, concerts, the Kennedy Center's Honors Program that is watched by millions of Americans every year celebrating our Nation's most revered artists. But the doors have been locked shut at the Kennedy Center. How did that happen? Last year, when President Trump won election, took office, he filled the Board of the Kennedy Center with loyalists. He installed himself as chairman. He renamed the institution after himself, not because he asked for legislation to do so but because, with his imperial mindset, he can put his name on anything he wants because he is the imperial ruler of our country. But we are not a nation with an imperial ruler, a man sitting on a throne to whom people must genuflect. We are a Republic. And there is a stark difference in the ways that the two Presidents' names were added to this building. In 1964, the U.S. Congress passed a law to remember President Kennedy's commitment to the arts. That was the legislation that made the Kennedy Center this living memorial. And then, in 2025, Donald Trump broke that law by renaming the Kennedy Center after himself. It is wrong--constitutionally, legislatively, morally. Morally, the Kennedy Center has been a place for generations where people of both parties go to celebrate the arts. They put aside their politics. They honor America's artists. They revel in incredible performances. Back in 1977, I dropped out of college for a year to be here, to be here during the first year of the Carter administration to see how a new administration would shape a change of course for our Nation. And during that year, I worked all these different odd jobs and volunteered for different groups. And I was volunteering for an environmental nonprofit. They were working on the Law of the Sea, a treaty that never has come before this Chamber almost a half century later, Law of the Sea. In walks someone--they said: There is a concert tonight that pertains to the environment and the Law of the Sea. Would anybody like a free ticket? I said: Well, yes. Yes, I would. I would like to go. And I went that night. And I have never been in a venue like that. I was just kind of struck in awe. Lots of folks from Washington's elite were there--Senators and House Members--and sitting up in the box was President Carter. And Rostropovich played a cello concert. It was stunning. I mean, I had never heard a cello played except for the kind of slow, droning sounds of my sister when she was learning the cello. I mean, this was just amazing. And I have been there when President Trump was in the Presidential box. Politics set aside; American people rejoicing in the arts in this living memorial to President Kennedy, our President who was slain. Constitutionally, the separation of powers means no President can ignore laws passed by Congress, which is exactly what a Federal judge ruled on May 29 of this year. He said that the President cannot rename the Kennedy Center unless Congress approves it because Congress, by law, made the Kennedy Center a living memorial to the President--by law. And you can't undo the law unless you pass a new law. Immediately, Trump's handpicked Board tried to get around the judge's ruling by proposing to add the words: "Restored and Renovated by President Donald J. Trump" or by renaming the Kennedy Center's plaza, the President Trump Plaza. And the Federal judge, citing the law, on September 15 said:

Text printed in the Record (144 characters)

Simply put, defendants cannot install memorials for President Trump or anyone or anything else at the Kennedy Center without Congress' blessing.

In other words, done by law. So it isn't about President Trump; it is about the principle that would apply to any President who was proposing breaking the law, and the President's court says you can't break the law. You want to do what you do? Go get a law that says you can do it. Apparently, that infuriated President Trump. A judge--how dare he tell him that he had to follow the law. After all, he is our King. He is our imperial leader. He is the "on high" who can do any damn thing he wants in this country. He can start wars when the Constitution says he can't start wars. He can spend money on projects where the Constitution says he can't spend money on projects. And, boy, did it infuriate him that a judge said he had to follow the law. How dare we have a judge stand in his way? So he called into the Kennedy Center Board meeting to scream at a Board member, Congresswomen Joyce Beatty. Beatty had filed the lawsuit defending the Kennedy Center. Minutes later, the Board voted to shut down the Kennedy Center for 2 years because President Trump couldn't have his name on it. Oh, they said: Well, we will shut it down for renovations. You are shutting down the beating heart of our arts world that reverberates across America because the President can't put his name on it? What kind of children are serving on that Board? And what kind of childish tantrum was thrown by the President of the United States shutting down the Kennedy Center? Shortly afterward, Trump implied on Truth Social that the Kennedy Center would not reopen until he had his name on it. Let's be clear, this is an aging building. It needs maintenance. It needs to have old boilers replaced and electrical wiring updated and old seats modified and ceiling tiles, water damage fixed. There is a lot of work to do, standard types of maintenance. You don't shut down the building to do these types of maintenance. But he can't have his name on it. So he is shutting it down for 2 years. But the situation got a lot worse on September 16. Photojournalists captured images that show Trump looking at a large poster, talking about demolishing the Kennedy Center. The words said: "Kennedy Center DEMOLISHED." Trump believes that if he can't take over and name it after himself and swipe Kennedy's name off of it, no one can go to perform and no one can go to listen to someone perform. In fact, the building must not remain standing. So my bill tonight--this very short bill--simply says:

Text printed in the Record (148 characters)

A memorial to honor a President of the United States designated by an Act of Congress may not be demolished unless authorized by an Act of Congress.

It is that simple. It is that straightforward--us standing up for the rule of law, the separation of powers, and the fact we are a Republic; and standing up for the fact that our Nation wept at the assassination of John Kennedy, and this is the memorial that we go to to remember him. So I ask, on behalf of myself and Senator Murkowski--she asked me to carry her spirit into this conversation tonight. So on her behalf and myself, and Senators Van Hollen and Reed and Whitehouse, the bill says: A memorial to honor a President designated by Congress may not be demolished unless the demolishment is authorized. President Kennedy said:

Text printed in the Record (207 characters)

I am certain that after the dust of centuries has passed over our cities, we, too, will be remembered not for our victories or our defeats in battle or politics, but for our contribution to the human spirit.

That is why we made the Kennedy Center the memorial to Kennedy, because of his belief in elevating the human spirit. Let us not let it be torn down. As if in legislative session, Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of the bill at the desk that would prohibit the demolition of the Presidential memorials; that the bill be considered read three times and passed, and the motion to reconsider be considered made and laid upon the table.

The PRESIDING OFFICER

Is there objection?

I object.

Would my colleague object if I come back--

The PRESIDING OFFICER

Objection is heard. Objection is heard.

Thank you. I think I am recognized. Would my colleague from Utah object if I come back with a proposal that we debate this for a limited amount of time so that this Chamber can weigh in on defending our Constitution?

I object.

The PRESIDING OFFICER

Objection is heard.

The PRESIDING OFFICER

The Senator from Utah.

Legislative Session

Page S5067 · Official text

Mr. President, I ask unanimous consent that the Senate resume legislative session and 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.

Additional Statments

Pages S5067–S5068 · Official text

Mr. President, as chair of the Senate Committee on Small Business and Entrepreneurship, each week I recognize an outstanding Iowa small business that exemplifies the American entrepreneurial spirit. This week, it is my privilege to recognize the Bread Board of Marion County, IA, as the Senate Small Business of the Week. Heidi Rozenboom grew up baking fresh bread with her grandmother, always using the same bread board that would eventually inspire her business' name. Years later, Heidi turned her passion for baking into a business, selling fresh bread to local coffee shops and cafes. Demand quickly grew beyond what Heidi could handle on her own, leading her to hire additional help. In 2021, she took the next step and opened her own storefront in downtown Pella. Heidi named the business the Bread Board in honor of the cherished memories she made baking with her grandmother and set out to create a welcoming space where customers could experience that same sense of warmth and comfort. Today, the bakery serves fresh sourdough bread, pastries, homemade meals, and other baked goods. Heidi now leads a team of about 15 employees serving customers throughout Marion County. While the Bread Board operates from its Pella location, Heidi continues to find new ways to extend the bakery's reach throughout the community. The business is a member of the Pella Area Community and Economic Alliance and regularly brings residents together through events such as its recent sourdough baking competition. Even after opening her own storefront, Heidi has continued collaborating with other local businesses and organizations. Bread Board products can be found at local cafes and the nearby produce stand, and Heidi also supplies products to the local school and band. For 4 consecutive years, the Bread Board has been named Best Lunch in Marion County, in the Marion County Development Commission's Best of Red Rock competition, reflecting the business' continued commitment to quality and service. For Heidi, the Bread Board remains deeply rooted in family. Growing up next door to her grandparents, some of her fondest childhood memories came from baking alongside her grandmother. The original bread board Heidi used with her grandmother remains in the shop today. Heidi's own family has also become an important part of Bread Board. Her mother is always willing to lend a hand, her husband has been by her side since the bakery's earliest days, and now her son and daughter are pitching in too, making the Bread Board a true family affair. The entrepreneurial spirit and commitment to community demonstrated by the Bread Board embody the very best of Iowa small businesses. I want to congratulate Heidi Rozenboom, her family, and her entire team for their hard work, dedication, and exceptional service to Marion County. I look forward to seeing their continued growth and success.

Recognizing the Farmer's Daughters

Page S5068 · Official text

Mr. President, as chair of the Senate Committee on Small Business and Entrepreneurship, each week I recognize an outstanding Iowa small business that exemplifies the American entrepreneurial spirit. This week, it is my privilege to recognize The Farmer's Daughters of Fremont County, IA, as the Senate Small Business of the Week. Stacy Burgoin-Burge's vision for The Farmer's Daughters began in 2014 with small antique pop-up shops at events including Vintage & Made Fair and Junkstock. Offering vintage finds and home decor, the business quickly became too popular to operate out of Stacy's home, prompting her to purchase a storefront in Sidney. Soon after, Stacy recognized the community's need for a local florist and expanded the business to offer floral arrangements in 2017. As the business continued to grow, Stacy's husband Ron Burge joined her full-time, and the couple eventually expanded with additional locations in Glenwood and Shenandoah. Along with vintage items, home decor, and floral arrangements, the new locations began offering locally made candles, Iowa wines, and other unique products. Today, Stacy and Ron lead a team of 10 employees serving communities throughout southwest Iowa. Under their leadership, The Farmer's Daughters has become known for its carefully curated home decor and gifts, as well as its floral artistry and personalized arrangements. Since adding floral services in 2017, the business has expanded its delivery capabilities and now offers 6- and 12-month "Bloom of the Month" subscriptions featuring fresh seasonal flowers and custom floral designs. For more than a decade, Stacy and Ron have continued to find new ways to provide unique products and personalized service to their customers. The Farmer's Daughters is also deeply committed to giving back to communities it serves. Across its locations, the business is involved with organizations including Shop Sidney, United Faith Church, the Shenandoah Chamber and Industry Association, and the Red Oak Chamber and Industry Association. The Glenwood location regularly cohosts "Coffee and Connections" with the Mills County Chamber of Commerce, helping foster relationships among local businesses and residents. The Farmer's Daughters also supports Fremont County 4-H participants and local fairs and events, while its locations partner with area churches, schools, and community organizations on fundraisers, workshops, and celebrations. The Iowa Small Business Development Center has also played an important role in The Farmer's Daughters growth, aiding with the company's website and helping Stacy and Ron use social media to reach more customers. In turn, Stacy and Ron remain committed to strengthening communities that have supported their business, generously contributing their time, resources, and floral arrangements to local fairs, youth programs, and educational initiatives. The entrepreneurial spirit and commitment to community demonstrated by The Farmer's Daughters embody the very best of Iowa small businesses. I want to congratulate Stacy Burgoin-Burge, Ron Burge, and their entire team for their hard work, dedication, and exceptional service to southwest Iowa. I look forward to seeing their continued growth and success.

Recognizing Five Sons Landscape & Design

Pages S5068–S5069 · Official text

Mr. President, as chair of the Senate Committee on Small Business and Entrepreneurship, each week I recognize an outstanding Iowa small business that exemplifies the American entrepreneurial spirit. This week, it is my privilege to recognize Five Sons Landscape & Design of Madison County, IA, as the Senate Small Business of the Week. The idea for Five Sons began with a shared dream between Eric Pugh and his oldest son Brady to start their own landscaping company. Eric earned a forestry degree from Iowa State University and had long considered starting a business, while Brady gained several years of landscaping experience as a teenager. Their plans were put on hold when their military commitments sent both Eric and Brady to Afghanistan in 2010. After returning home, Brady went back to college and began taking landscaping jobs on the side, purchasing a wheelbarrow and gathering tools from family garages to get started. What began as a summer hobby quickly grew into a passion and, ultimately, a lifelong career. After completing that first season on his own, Brady officially formed the business in April 2013. The company's name pays tribute to founder Brady and his four brothers--the five sons of Eric and Monica--who have all supported the family business throughout its growth. Today, Five Sons is proudly based in Winterset and remains a true family operation. Brady, Logan, and Eric own the company, while Monica manages the office and other family members continue to lend a hand when needed. Each brings unique skills to the business. Brady specializes in hardscape design and construction; Eric contributes his extensive knowledge of trees, shrubs, perennial plants, and land management; and Logan helps bring customers' visions to life through construction and maintenance. Together, their talents have helped transform a small landscaping operation into a full-service family business. Five Sons offers a variety of landscaping services, including paver patios and sidewalks, retaining walls, boulder walls, plantings, and property maintenance. The family also incorporates its commitment to conservation into its work by using environmentally friendly products whenever possible and prioritizing native plants and shrubs that attract beneficial insects. Eric works with urban and rural landowners on prairie restoration and conservation, while the entire team continues to research landscaping best practices. Through this work, Five Sons strives to provide customers with the two standards it values most: high-quality service and long-lasting outdoor spaces. Five Sons is also a veteran-operated business. Eric served in the military for 28 years, while Brady has served 25 years and continues his service in the Army National Guard. The family's commitment to service extends beyond military duties into the greater community, where Five Sons is actively involved with local schools and veterans' organizations, including the American Legion. Through this involvement, the business continues to demonstrate its commitment to serving fellow Iowans and setting an example for other small businesses. More than a decade after Brady started with a wheelbarrow, borrowed tools, and a determination to build something of his own, Five Sons continues to demonstrate the hard work, perseverance, and family values that define Iowa small businesses. I want to congratulate the Pugh family and their entire team for their dedication to their customers and commitment to serving Iowa communities. I look forward to seeing their continued growth and success.

Recognizing Henningsen's Meat Processing

Page S5069 · Official text

Mr. President, as chair of the Senate Committee on Small Business and Entrepreneurship, each week I recognize an outstanding Iowa small business that exemplifies the American entrepreneurial spirit. This week, it is my privilege to honor Henningsen's Meat Processing of Cass County, IA, as the Senate Small Business of the Week. After years of working in construction, Randy Henningsen decided to return home to Atlantic to be closer to his father and brother. Randy's father had previously owned a meat locker that tragically burned down in 1972. In 1978, Randy, his father, and his brother decided to carry on the family tradition and opened Henningsen's Meat Processing. Together, the Henningsens set out to provide Atlantic and the surrounding communities with high-quality, locally sourced meat. Henningsen's Meat Processing specializes in custom pork and beef processing for farmers and operates a full-service meat counter for customers throughout southwest Iowa. In addition to its meat selection, customers can find products ranging from fish and frog legs to locally made cheeses. Randy later purchased his father's and brother's shares of the business. Henningsen's remains committed to the same quality and service it was founded on. Today, Randy leads a team of 14 full- and part-time employees serving Iowans across the State. Henningsen's is also an active member of the Atlantic community and the Atlantic Area Chamber of Commerce. Randy and his team regularly support local fairs, churches, museums, fundraisers, and other community events through donations. In 2022, Henningsen's donated 200 pounds of meat, about 800 servings, to the New Opportunities food pantry in Audubon County and contributed an additional $100 toward the processing fee. It is one of many ways Randy and his team have given back to the communities that have supported the business over the years. Nearly five decades after Henningsen's Meat Processing first opened, Randy continues his family's legacy of providing quality meat and dependable service to southwest Iowa. For Randy, the people he serves are what make the business special and continue to bring energy and purpose to his work after all these years. The entrepreneurial spirit, commitment to quality, and dedication to community demonstrated by Henningsen's Meat Processing embodies the very best of Iowa small businesses. I want to congratulate Randy Henningsen and the entire Henningsen's Meat Processing team for their hard work, dedication, and exceptional service to Cass County and southwest Iowa. I look forward to seeing their continued success.

Recognizing Lone Arranger

Page S5069 · Official text

Mr. President, as chair of the Senate Committee on Small Business and Entrepreneurship, each week I recognize an outstanding Iowa small business that exemplifies the American entrepreneurial spirit. This week, it is my privilege to honor Lone Arranger of Adams County, IA, as the Senate Small Business of the Week. For over 28 years, Lone Arranger has served the community as a florist and gift shop, offering products for every occasion and providing customized decorating services. The business began as "Flower and Garden Center" in the home of Dale and Caroline Jackson. It was later sold to Larry and Sherry Archer and then Ros and Darlene Peterson, who renamed it Peterson Floral Gifts & Antiques. In 1999, Jessica Wilson purchased the business after working for the Peterson couple in high school and completing two internships at the shop while earning her degree in floriculture from Kirkwood Community College. Jessica passed all required testing and became an Iowa Master Florist, IMF, in November 2009. As part of the celebration marking Jessica Wilson's 10-year anniversary as the shop's owner, she rebranded to Lone Arranger in 2009. Today, Lone Arranger has built a stellar reputation and contributes to many high-profile floral projects in Iowa. These include inaugural flowers for Governors Culver and Branstad and holiday decorations for the Iowa Governor's Mansion. Furthermore, Jessica Wilson contributed to the award-winning Rain Bird float for the 2010 Tournament of Roses Parade. Lone Arranger has also been a recurring vendor at the Adams County Fair. As the sole employee of Lone Arranger, Jessica has demonstrated her unceasing commitment to the Adams County community. In 2003, Jessica received the Young Entrepreneur of the Year award for Dedication & Commitment to the community at the Adams Community Chamber of Commerce Awards Banquet. Jessica was the coordinator for the Adams County 4-H/ FFA & Youth Fair Queen from 2004-2009. Jessica has further demonstrated her community involvement through her service as president of the Adams Community Chamber of Commerce, to which she was elected in 2008, serving two 3-year terms, and her role as an Adams County Chamber of Commerce ambassador beginning in 2009. To this day, Jessica makes sure the chamber windows are pristinely decorated. Jessica was also elected to the Iowa Florist Association, IFA, Board in 2007. Jessica currently serves as the president for Feed the Pack, a local backpack program ensuring children do not go hungry, coordinating food orders and menus for students. Jessica contributes to the annual 4th of July flight breakfast, banquet decorations, roadside cleanup, and children's treasure hunt at Lake Icaria. These accolades and involvement are a testament to how Jessica has touched the lives of many Iowans. It is with profound gratitude that I recognize Jessica Wilson of Lone Arranger for her longstanding dedication to Adams County. I look forward to all she will achieve and wish her success and happiness in her future ventures.

Recognizing Piper's Grocery and Homemade Candies

Pages S5069–S5070 · Official text

Mr. President, as chair of the Senate Committee on Small Business and Entrepreneurship, each week I recognize an outstanding small business that exemplifies the American entrepreneurial spirit. This week, it is my privilege to recognize Piper's Grocery and Homemade Candies of Lucas County, IA, as the Senate Small Business of the Week. Piper's has been a fixture of downtown Chariton for more than a century. Joe L. Piper opened Piper's Grocery in 1905 on the northeast corner of the square, where the business remains today. Piper's quickly became a trusted local grocery store, serving the community with fresh meats, bread, and other everyday essentials. When Joe retired, his son Bob took over the business with his wife Ruth. The couple continued providing quality goods but added a new specialty: homemade candy. Bob learned candy-making techniques from his brother John and began selling the treats at the store. Piper's continues to use those trusted recipes today. In the 1980s, Anne and Jim Kerns, longtime employees at Piper's, purchased the business and continued Bob's legacy. The couple operated the business with the same high standards and commitment to quality that Bob had established. Their daughter Jill Kerns returned to Chariton in 1997 and purchased the store from her parents the following year. Today, Jill and her team continue making Piper's candies in small batches using the same recipes and techniques passed down through generations. The store has also maintained its old-fashioned grocery roots, offering deli meats and cheeses, fresh sandwiches, groceries, and a variety of Iowa-made foods and locally crafted products. While Piper's has preserved its historic character, Jill has also found new ways to share a taste of Chariton far beyond Lucas County. Customers can now order Piper's handmade candies online and have them shipped across the country and around the world. Piper's has also earned statewide recognition for preserving a piece of Iowa history, including features from Iowa PBS and Travel Iowa highlighting the store as a destination for visitors looking to experience an old-fashioned Iowa main street business. Even as its reach has grown, Piper's remains deeply connected to the Chariton community. Jill credits generations of loyal customers with helping the business thrive and takes pride in carrying locally made products and providing jobs for area residents. In 2023, Chariton Chamber/Main Street recognized Piper's in its Small Business Spotlight, highlighting the store's contributions to the local community. Piper's also supports local nonprofits, participates in community auctions, and remains involved in events throughout the area. More than 120 years after Joe Piper first opened his grocery store, Piper's continues to bring together history, entrepreneurship, and community. Jill and her team have preserved the traditions that made Piper's a Chariton institution while adapting the business to serve a new generation of customers. The entrepreneurial spirit and commitment to community demonstrated by Piper's Grocery and Homemade Candies embody the very best of Iowa small businesses. I want to congratulate Jill Kerns and the entire Piper's team for their hard work, dedication, and exceptional service to Lucas County. I look forward to seeing their continued growth and success.

Remembering Paul Bianchi

Page S5070 · Official text

Jon Ossoff (D-GA)

Mr. President, I join Paideia and the city of Atlanta as they officially rename South Ponce in honor of the late Paideia founder and headmaster Paul Bianchi. After earning an undergraduate degree and a M.A. in teaching at Harvard University, Mr. Bianchi was offered an opportunity to teach at the Galloway School in Atlanta. After one year at Galloway, Mr. Bianchi was approached by a group of Atlanta parents who asked him to establish a new school that would emphasize individualized instruction, academics, and the arts. Mr. Bianchi agreed to lead that effort and, in 1971, helped open the Paideia School. Under Mr. Bianchi's decades of leadership, Paideia has grown to serve a student body of over 1,000 students. Mr. Bianchi added a high school in 1973 and managed the growth of a thriving campus until his retirement in 2023. Mr. Bianchi's leadership lifted thousands of young people to understand their world and their potential. His work instilled in generations of students the knowledge, curiosity, and compassion to pursue their dreams and to make a positive difference. I know firsthand the brilliance, wit, wisdom, and compassion that made Mr. Bianchi so special, and I am grateful for all he did to support me and so many others. I join the Paideia community and Paul's wife Barbara Dunbar; their daughters Melissa, Sarah, and Emily; their grandchildren; and the entire Bianchi family in celebrating today's renaming of "Paul Bianchi Way" and commend his decades of visionary leadership to our State, our Nation, and the world.

Recognizing Disciples Coffee

Page S5070 · Official text

James E. Risch (R-ID)

Mr. President, as a member and former chairman of the Senate Committee on Small Business and Entrepreneurship, each month I recognize and celebrate the American entrepreneurial spirit by highlighting the success of a small business in my home State of Idaho. Today, I am proud to honor Disciples Coffee in Boise as the Idaho Small Business of the Month for September 2026. Chris and Joey Melrose started Disciples Coffee in October 2023 after inviting Daryl Gurden, then known for his work smoking meats, to try his hand at roasting coffee beans. The skillset turned out to be surprisingly transferable, and Daryl quickly became the company's new head roaster, bringing exceptional and fresh coffee to Boise. Earlier this year, Timothy Taylor assumed ownership of the day-to-day operations of Disciples Coffee, allowing Joey more time to focus on building and consulting with other businesses in the Treasure Valley. Despite the transition, Disciples Coffee's goal remains the same: to create specialty coffee and foster genuine connections over a cup of joe. The company's name is derived from the Great Commission, the call for followers of Jesus to go forth and make disciples of men. Each owner found meaning in Matthew 28:19 and saw coffee as a natural way to bring people together for meaningful conversation and to grow their faith. With each batch of coffee they roast, Disciples Coffee strives to roast to perfection and brew for connection. Disciples Coffee aims to serve more than just coffee to the Treasure Valley. Through its Mission of the Month Program, the business works with local organizations like Mighty Oaks, PAL, Idaho Diaper Bank, Foster + Heart, and the Whosoevers, to bring attention to those who serve the community, as well as donate tips collected throughout the month. Congratulations to the Disciples Coffee team on being recognized as the Idaho Small Business of the Month for September 2026. Your dedication to excellence makes Idaho proud, and I look forward to your continued growth and success.

Messages from the President

Page S5070 · Official text

Messages from the President of the United States were communicated to the Senate by Mr. Hanley, one of his secretaries.

Executive Messages Referred

Page S5070 · Official text

As in executive session the Presiding Officer laid before the Senate messages from the President of the United States submitting sundry nominations which were referred to the appropriate committees. (The messages received today are printed at the end of the Senate proceedings.)

Message from the House

Page S5070 · Official text

The President pro tempore (Mr. Grassley) announced that on today, September 28, 2026, he had signed the following enrolled bills, which were previously signed by the Speaker of the House:

Text printed in the Record (484 characters)

S. 195. An act to amend the Visit America Act to promote music tourism, and for other purposes. S. 766. An act to require an annual report of taxpayer-funded projects that are over budget and behind schedule. S. 2398. An act to reauthorize the Kay Hagan Tick Act, and for other purposes. H.R. 5345. An act to amend title VII of the Social Security Act to provide for a single point of contact at the Social Security Administration for individuals who are victims of identity theft.

Executive and Other Communications

Pages S5070–S5071 · Official text

The following communications were laid before the Senate, together with accompanying papers, reports, and documents, and were referred as indicated:

Text printed in the Record (4,370 characters)

EC-4891. A communication from the Branch Chief, National Oceanic and Atmospheric Administration, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled "Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; 2023 Recreational Harvest Closure for Gag" (RTID0648-XD439) received in the Office of the President of the Senate on September 15, 2026; to the Committee on Commerce, Science, and Transportation. EC-4892. A communication from the Branch Chief, National Oceanic and Atmospheric Administration, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled "Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and Management Measures; Inseason Adjustments" (RIN0648-BM72) received in the Office of the President of the Senate on September 15, 2026; to the Committee on Commerce, Science, and Transportation. EC-4893. A communication from the Branch Chief, National Oceanic and Atmospheric Administration, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled "Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gulf of Maine Cod Possession and Trip Limit Adjustment for the Common Pool Fishery" (RTID0648-XD416) received in the Office of the President of the Senate on September 15, 2026; to the Committee on Commerce, Science, and Transportation. EC-4894. A communication from the Branch Chief, National Oceanic and Atmospheric Administration, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled "Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2023 Commercial and Recreational Closures for Gag in the South Atlantic" (RTID0648-XD411) received in the Office of the President of the Senate on September 15, 2026; to the Committee on Commerce, Science, and Transportation. EC-4895. A communication from the Branch Chief, National Oceanic and Atmospheric Administration, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled "Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From Virginia to North Carolina" (RTID0648-XD831) received in the Office of the President of the Senate on September 14, 2026; to the Committee on Commerce, Science, and Transportation. EC-4896. A communication from the Branch Chief, National Oceanic and Atmospheric Administration, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled "Fisheries of the Exclusive Economic Zone off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area" (RTID0648-XD642) received in the Office of the President of the Senate on September 14, 2026; to the Committee on Commerce, Science, and Transportation. EC-4897. A communication from the Branch Chief, National Oceanic and Atmospheric Administration, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled "Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfers From NY and MD to NC" (RTID0648-XD537) received in the Office of the President of the Senate on September 14, 2026; to the Committee on Commerce, Science, and Transportation. EC-4898. A communication from the Branch Chief, National Oceanic and Atmospheric Administration, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled "Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2025 Measures; Correction" (RIN0648-BN64) received in the Office of the President of the Senate on September 14, 2026; to the Committee on Commerce, Science, and Transportation. EC-4899. A communication from the President of the United States, transmitting, pursuant to law, the report of 11 rescissions of budget authority; referred jointly, pursuant to the order of January 30, 1975, as amended by the order of April 11, 1986; to the Committees on Appropriations; the Budget; Health, Education, Labor, and Pensions; Homeland Security and Governmental Affairs; the Judiciary; Foreign Relations; Commerce, Science, and Transportation; and Banking, Housing, and Urban Affairs.

Reports of Committees

Page S5071 · Official text

The following reports of committees were submitted:

Text printed in the Record (603 characters)

By Mr. CRUZ, from the Committee on Commerce, Science, and Transportation, with amendments: 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 (Rept. No. 119-154). By Ms. MURKOWSKI, from the Committee on Indian Affairs, with an amendment in the nature of a substitute: S. 239. A bill to take certain mineral interests into trust for the benefit of the Crow Tribe of Montana, and for other purposes (Rept. No. 119-155).

Introduction of Bills and Joint Resolutions

Page S5071 · Official text

The 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 (1,172 characters)

By Mr. MERKLEY (for himself, Mr. Blumenthal, Mr. Booker, Mr. Durbin, and Ms. Warren): S. 5568. A bill to provide grants to local educational agencies to help public schools reduce class size in the early elementary grades, and for other purposes; to the Committee on Health, Education, Labor, and Pensions. By Mr. SCHIFF: S. 5569. A bill to amend the Internal Revenue Code of 1986 to impose a fee on excess oil profits; to the Committee on Finance. By Mr. VAN HOLLEN (for himself, Mr. Murphy, Mr. Blumenthal, Mr. Merkley, and Mr. Wyden): S. 5570. A bill to establish jobs programs for long-term unemployed workers, and for other purposes; to the Committee on Health, Education, Labor, and Pensions. By Mrs. BLACKBURN (for herself, Mr. Schiff, Mr. Lankford, and Mr. Budd): S. 5571. A bill to amend title XI of the Social Security Act to alter when biosimilar biological products are eligible for price negotiations under the Medicare program; to the Committee on Finance. By Mr. SCHMITT: S. 5572. A bill to authorize supplemental funding for the Federal Aviation Administration, and for other purposes; to the Committee on Commerce, Science, and Transportation.

Submission of Concurrent and Senate Resolutions

Page S5071 · Official text

The following concurrent resolutions and Senate resolutions were read, and referred (or acted upon), as indicated:

Text printed in the Record (3,349 characters)

By Ms. HIRONO (for herself, Mr. Sanders, Mr. Schatz, Mr. Kaine, Mr. Merkley, Ms. Klobuchar, Ms. Duckworth, Mr. Padilla, Ms. Warren, Mr. Booker, Mr. Wyden, Ms. Rosen, Mr. Durbin, and Ms. Smith): S. Res. 911. A resolution expressing support for the recognition of September 27, 2026, to October 3, 2026, as "Asian American and Native American Pacific Islander-Serving Institutions Week"; to the Committee on the Judiciary. By Mr. LANKFORD (for himself, Ms. Lummis, Mr. Justice, Mr. Ricketts, Mrs. Hyde-Smith, Mr. Daines, Mr. Risch, Mr. Hawley, Mr. Scott of Florida, Mr. Budd, Mr. Rounds, Mr. Wicker, Mrs. Blackburn, Mrs. Capito, Mr. Cruz, Mr. Banks, Mrs. Fischer, Mr. Crapo, Mr. Lee, Mr. Hoeven, Ms. Graham, Mrs. Britt, Mr. Hagerty, and Mr. McCormick): S. Res. 912. A resolution recognizing the 50th anniversary of the Hyde Amendment and its enduring legacy of saving the lives of more than 2,600,000 unborn children and respecting the conscience rights of the American people; to the Committee on Health, Education, Labor, and Pensions. By Mr. MORAN (for himself, Mr. Marshall, Mr. Thune, Mr. Schumer, Ms. Alsobrooks, Mr. Armstrong, Ms. Baldwin, Mr. Banks, Mr. Barrasso, Mr. Bennet, Mrs. Blackburn, Mr. Blumenthal, Ms. Blunt Rochester, Mr. Booker, Mr. Boozman, Mrs. Britt, Mr. Budd, Ms. Cantwell, Mrs. Capito, Mr. Cassidy, Ms. Collins, Mr. Coons, Mr. Cornyn, Ms. Cortez Masto, Mr. Cotton, Mr. Cramer, Mr. Crapo, Mr. Cruz, Mr. Curtis, Mr. Daines, Ms. Duckworth, Mr. Durbin, Ms. Ernst, Mr. Fetterman, Mrs. Fischer, Mr. Gallego, Mrs. Gillibrand, Ms. Graham, Mr. Grassley, Mr. Hagerty, Ms. Hassan, Mr. Hawley, Mr. Heinrich, Mr. Hickenlooper, Ms. Hirono, Mr. Hoeven, Mr. Husted, Mrs. Hyde-Smith, Mr. Johnson, Mr. Justice, Mr. Kaine, Mr. Kelly, Mr. Kennedy, Mr. Kim, Mr. King, Ms. Klobuchar, Mr. Lankford, Mr. Lee, Mr. Lujan, Ms. Lummis, Mr. Markey, Mr. McConnell, Mr. McCormick, Mr. Merkley, Mrs. Moody, Mr. Moreno, Ms. Murkowski, Mr. Murphy, Mrs. Murray, Mr. Ossoff, Mr. Padilla, Mr. Paul, Mr. Peters, Mr. Reed, Mr. Ricketts, Mr. Risch, Ms. Rosen, Mr. Rounds, Mr. Sanders, Mr. Schatz, Mr. Schiff, Mr. Schmitt, Mr. Scott of Florida, Mr. Scott of South Carolina, Mrs. Shaheen, Mr. Sheehy, Ms. Slotkin, Ms. Smith, Mr. Sullivan, Mr. Tillis, Mr. Tuberville, Mr. Van Hollen, Mr. Warner, Mr. Warnock, Ms. Warren, Mr. Welch, Mr. Whitehouse, Mr. Wicker, Mr. Wyden, and Mr. Young): S. Res. 913. A resolution relating to the death of the Honorable Nancy Kassebaum, former United States Senator for the State of Kansas; considered and agreed to. By Mrs. HYDE-SMITH (for herself, Mr. Peters, Mrs. Britt, and Mr. Padilla): S. Res. 914. A resolution designating September 2026 as "National Cholesterol Education Month" and September 30, 2026, as "LDL-C Awareness Day"; considered and agreed to. By Mr. LANKFORD (for himself and Mr. Coons): S. Res. 915. A resolution recognizing the nationwide impact of Prison Fellowship on the occasion of its 50th anniversary; considered and agreed to. By Ms. ERNST (for herself and Mr. Grassley): S. Res. 916. A resolution designating the week of September 21, 2026, as the "Ray Gaesser Memorial Farm Safety Week" to recognize the life and legacy of Ray Gaesser, who passed away in a tragic farming accident, and promote farm safety in the honor of Ray Gaesser; considered and agreed to.

Additional Cosponsors

Pages S5071–S5073 · Official text

At the request of Mr. Welch, the name of the Senator from Delaware (Ms. Blunt Rochester) was added as a cosponsor of S. 599, a bill to amend title 38, United States Code, to increase the mileage rate offered by the Department of Veterans Affairs through their Beneficiary Travel program for health related travel, and for other purposes. At the request of Mr. Blumenthal, the name of the Senator from Delaware (Ms. Blunt Rochester) was added as a cosponsor of S. 609, a bill to improve mental health services of the Department of Veterans Affairs, and for other purposes. At the request of Ms. Duckworth, the name of the Senator from California (Mr. Padilla) was added as a cosponsor of S. 1650, a bill to amend title 38, United States Code, to modify authorities relating to the collective bargaining of employees in the Veterans Health Administration. At the request of Ms. Baldwin, the name of the Senator from Ohio (Mr. Moreno) was added as a cosponsor of S. 1677, a bill to provide health insurance benefits for outpatient and inpatient items and services related to the diagnosis and treatment of a congenital anomaly or birth defect. At the request of Mr. Merkley, the name of the Senator from Maryland (Ms. Alsobrooks) was added as a cosponsor of S. 1874, a bill to amend the Public Health Service Act to reauthorize certain nursing workforce development programs, and for other purposes. At the request of Ms. Warren, the name of the Senator from New Mexico (Mr. Lujan) was added as a cosponsor of S. 2006, a bill to amend title 10, United States Code, to prohibit discrimination in the Armed Forces on the basis of gender identity, and for other purposes. At the request of Mr. Padilla, the name of the Senator from Hawaii (Ms. Hirono) was added as a cosponsor of S. 2468, a bill to amend section 249 of the Immigration and Nationality Act to render available to certain long-term residents of the United States the benefit under that section. At the request of Ms. Collins, the name of the Senator from Louisiana (Mr. Cassidy) was added as a cosponsor of S. 3267, a bill to amend title XVIII of the Social Security Act to provide for Medicare coverage of blood-based dementia screening tests. At the request of Mr. Blumenthal, the name of the Senator from Michigan (Ms. Slotkin) was added as a cosponsor of S. 3466, a bill to improve health care provided by the Department of Veterans Affairs, and for other purposes. At the request of Ms. Cortez Masto, the name of the Senator from Virginia (Mr. Warner) was added as a cosponsor of S. 3616, a bill to provide the National Credit Union Administration Board flexibility to increase Federal credit union loan maturities, and for other purposes. At the request of Mr. Husted, the name of the Senator from Florida (Mrs. Moody) was added as a cosponsor of S. 3618, a bill to require the Federal Trade Commission to submit to Congress a report on the ability of minors to access fentanyl through social media platforms, and for other purposes. At the request of Mr. Daines, the names of the Senator from Connecticut (Mr. Blumenthal), the Senator from Pennsylvania (Mr. Fetterman) and the Senator from New Mexico (Mr. Lujan) were added as cosponsors of S. 3940, a bill to amend the Community Development Banking and Financial Institutions Act of 1994 to require the Secretary of the Treasury to testify before Congress, and for other purposes. At the request of Mr. Curtis, the name of the Senator from New Hampshire (Mrs. Shaheen) was added as a cosponsor of S. 3989, a bill to amend the Public Health Service Act to provide community-based training opportunities for medical students in rural areas and medically underserved communities, and for other purposes. At the request of Mr. Sheehy, the name of the Senator from West Virginia (Mr. Justice) was added as a cosponsor of S. 3993, a bill to amend title 38, United States Code, and title 10, United States Code, to eliminate those provisions relating to veterans educational assistance that disadvantage eligible individuals who choose to pursue programs of apprenticeship or other on-job training instead of a four-year college degree, and for other purposes. At the request of Mr. Moreno, the name of the Senator from Connecticut (Mr. Murphy) was added as a cosponsor 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. Schiff, the name of the Senator from Illinois (Ms. Duckworth) was added as a cosponsor of S. 4559, a bill to amend the Federal Power Act to require the Federal Energy Regulatory Commission to issue a final rule relating to the interconnection of large load facilities with the transmission system, and for other purposes. At the request of Ms. Rosen, the name of the Senator from Oregon (Mr. Wyden) was added as a cosponsor of S. 4576, a bill to strengthen Federal efforts to counter antisemitism in the United States and protect the Jewish community. At the request of Ms. Lummis, the name of the Senator from Montana (Mr. Sheehy) was added as a cosponsor of S. 4619, a bill to amend the Clean Air Act to exclude marginal wells from certain standards of performance and other requirements under that Act, and for other purposes. At the request of Mr. Moran, the name of the Senator from Delaware (Ms. Blunt Rochester) was added as a cosponsor of S. 4801, a bill to amend laws relating to duty performed by members of the reserve components of the Armed Forces, and for other purposes. At the request of Mr. Markey, the name of the Senator from Arizona (Mr. Kelly) was added as a cosponsor of S. 4814, a bill to require the Secretary of Homeland Security to designate Haiti for temporary protected status. At the request of Mr. Whitehouse, the name of the Senator from New Jersey (Mr. Kim) was added as a cosponsor of S. 4819, a bill to amend title 23, United States Code, to establish an EMS and First Responder Wellness Grant Program, and for other purposes. At the request of Mrs. Murray, the name of the Senator from Michigan (Mr. Peters) was added as a cosponsor of S. 4919, a bill to amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. At the request of Ms. Ernst, the name of the Senator from Utah (Mr. Lee) was added as a cosponsor of S. 4952, a bill to combat fraud in Federal programs, and for other purposes. At the request of Mr. Husted, the name of the Senator from Nebraska (Mrs. Fischer) was added as a cosponsor 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 Mr. Schmitt, the name of the Senator from Florida (Mrs. Moody) was added as a cosponsor of S. 5148, a bill to amend title 28, United States Code, concerning case assignment procedures for district and circuit courts to ensure randomized case assignments. At the request of Mr. Heinrich, the name of the Senator from Illinois (Ms. Duckworth) was added as a cosponsor of S. 5199, a bill to amend the Federal Power Act to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system, to provide for standards and procedures for the interconnection of large loads, and for other purposes. At the request of Mr. Cruz, the name of the Senator from South Dakota (Mr. Thune) was added as a cosponsor of S. 5289, a bill to protect the right to the free exercise of religion. At the request of Mr. Schatz, the name of the Senator from California (Mr. Schiff) was added as a cosponsor of S. 5403, a bill to establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. At the request of Mr. Booker, the name of the Senator from Massachusetts (Mr. Markey) 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. Heinrich, the name of the Senator from New Mexico (Mr. Lujan) was added as a cosponsor of S. 5460, a bill to amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to increase reimbursement rates of school meals, and for other purposes. At the request of Mr. Coons, the name of the Senator from New Hampshire (Mrs. Shaheen) was added as a cosponsor of S. 5476, a bill to impose sanctions with respect to foreign persons that have facilitated Israeli settlement construction in the E1 area of the West Bank. At the request of Mr. Cornyn, the name of the Senator from Rhode Island (Mr. Whitehouse) was added as a cosponsor of S. 5543, a bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the residential substance use disorder treatment program, and for other purposes. At the request of Mr. Scott of South Carolina, the names of the Senator from Montana (Mr. Daines), the Senator from Ohio (Mr. Moreno), the Senator from Montana (Mr. Sheehy), the Senator from California (Mr. Padilla), the Senator from Virginia (Mr. Warner) and the Senator from New Jersey (Mr. Kim) were added as cosponsors of S. 5552, a bill to amend the Internal Revenue Code of 1986 to provide a tax credit for American film and television productions, and for other purposes. At the request of Mr. Durbin, the name of the Senator from Rhode Island (Mr. Whitehouse) was added as a cosponsor of S. 5560, a bill to improve fairness and accountability with respect to the arrest and detention of noncitizens. At the request of Mr. Schmitt, the name of the Senator from Florida (Mrs. Moody) was added as a cosponsor of S.J. Res. 212, a joint resolution proposing an amendment to the Constitution of the United States to ensure that only citizens are eligible to vote in Federal elections. At the request of Mr. Durbin, the name of the Senator from Delaware (Ms. Blunt Rochester) was added as a cosponsor of S.J. Res. 213, a joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by U.S. Immigration and Customs Enforcement of the Department of Homeland Security relating to "Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media". At the request of Mr. Van Hollen, the name of the Senator from Wisconsin (Ms. Baldwin) 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 Mr. Reed, the name of the Senator from Delaware (Mr. Coons) 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. Booker, the names of the Senator from New Jersey (Mr. Kim) and the Senator from Arkansas (Mr. Boozman) were added as cosponsors of 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. At the request of Ms. Graham, the name of the Senator from Florida (Mrs. Moody) was added as a cosponsor of S. Res.

891, a resolution designating the week of September 27, 2026, through October 3, 2026, as "Religious Education Week" to celebrate religious education in the United States. At the request of Mr. Heinrich, the name of the Senator from Wisconsin (Ms. Baldwin) was added as a cosponsor of S. Res. 900, a resolution expressing support for the designation of the second Monday in October 2026 as "Indigenous Peoples' Day" to celebrate and honor Indigenous Peoples and their shared history and culture. At the request of Ms. Baldwin, the name of the Senator from Virginia (Mr. Kaine) was added as a cosponsor of amendment No. 6828 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 Mrs. Moody, the name of the Senator from California (Mr. Padilla) was added as a cosponsor of amendment No. 6831 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.

Senate Resolution 911--Expressing Support for the Recognition of September 27, 2026, to October 3, 2026, as "Asian American and Native American Pacific Islander-Serving Institutions Week"

Pages S5073–S5074 · Official text

SENATE RESOLUTION 911--EXPRESSING SUPPORT FOR THE RECOGNITION OF SEPTEMBER 27, 2026, TO OCTOBER 3, 2026, AS "ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITUTIONS WEEK" Ms. HIRONO (for herself, Mr. Sanders, Mr. Schatz, Mr. Kaine, Mr. Merkley, Ms. Klobuchar, Ms. Duckworth, Mr. Padilla, Ms. Warren, Mr. Booker, Mr. Wyden, Ms. Rosen, Mr. Durbin, and Ms. Smith) submitted the following resolution; which was referred to the Committee on the Judiciary:

Text printed in the Record (5,812 characters)

Whereas 2026 marks the 19th anniversary of the formal recognition and funding of Asian American and Native American Pacific Islander-serving institutions by Congress on September 27, 2007, in an amendment to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as added by section 802 of the College Cost Reduction and Access Act (Public Law 110-84; 121 Stat. 817); Whereas the Asian American and Native American Pacific Islander-Serving Institutions Program was officially authorized on August 14, 2008, through section 307 of the Higher Education Opportunity Act (Public Law 110-315; 122 Stat. 3175), which added section 320 to the Higher Education Act of 1965 (20 U.S.C. 1059g); Whereas under section 320 of the Higher Education Act of 1965, Asian American and Native American Pacific Islander-serving institutions are defined as degree-granting postsecondary institutions that have an undergraduate enrollment of no less than 10 percent Asian American, Native Hawaiian, and Pacific Islander students; Whereas the purpose of the Asian American and Native American Pacific Islander-Serving Institutions Program is to improve the availability and quality of postsecondary education programs that serve Asian American, Native Hawaiian, and Pacific Islander students; Whereas, since 2007, over 280 colleges and universities throughout the United States, including the United States territories in the Pacific, have been eligible for funding as Asian American and Native American Pacific Islander-serving institutions under the Higher Education Act of 1965; Whereas based on available institutional data and the statutory eligibility criteria established in the Higher Education Act of 1965-- (1) in academic year 2025-2026, an estimated 194 colleges and universities in the United States, including the United States territories in the Pacific, met the criteria as an eligible Asian American and Native American Pacific Islander-serving institution; (2) Asian American and Native American Pacific Islander-serving institutions comprise approximately 7.2 percent of all institutions of higher education, yet enroll 45.5 percent of all Asian American, Native Hawaiian, and Pacific Islander undergraduate students in the United States, including the United States territories in the Pacific; (3) Asian American and Native American Pacific Islander-serving institutions award approximately 50.9 percent of the associate's degrees and 42.2 percent of the bachelor's degrees attained by all Asian American, Native Hawaiian, and Pacific Islander college students in the United States, including the United States territories in the Pacific; and (4) nearly one-third of Asian American and Native American Pacific Islander-serving institutions maintain an Asian American, Native Hawaiian, and Pacific Islander enrollment of more than 20 percent; Whereas, since 2007, 69 Asian American and Native American Pacific Islander-serving institutions in the United States, including the United States territories in the Pacific, have received grant funding through the Asian American and Native American Pacific Islander-serving institutions program; Whereas Asian American and Native American Pacific Islander-serving institutions are of critical importance, as they enroll, support, and graduate large proportions of Asian American, Native Hawaiian, and Pacific Islander college students, the overwhelming majority of whom are from families with low incomes and are first-generation college students; Whereas Asian American and Native American Pacific Islander-serving institutions employ many Asian American, Native Hawaiian, and Pacific Islander faculty, staff, and administrators; Whereas Asian American and Native American Pacific Islander-serving institutions play a vital role in preserving the diverse culture, experiences, heritage, and history of Asian Americans, Native Hawaiians, and Pacific Islanders; Whereas Asian American and Native American Pacific Islander-serving institutions create culturally relevant academic and co-curricular programs, research, and services which increase retention, transfer, and graduation rates, while also enhancing the overall educational experiences of Asian American, Native Hawaiian, and Pacific Islander students; Whereas celebrating the vast contributions of Asian American and Native American Pacific Islander-serving institutions strengthens the culture of the United States; and Whereas the achievements and goals of Asian American and Native American Pacific Islander-serving institutions deserve national recognition: Now, therefore, be it Resolved, That the Senate-- (1) recognizes the achievements and goals of Asian American and Native American Pacific Islander-serving institutions in providing quality educational opportunities to Asian American, Native Hawaiian, Pacific Islander, and other students who attend these institutions; (2) encourages Asian American and Native American Pacific Islander-serving institutions to obtain funding and establish programs to serve the unique needs of Asian American, Native Hawaiian, and Pacific Islander students, families, and communities; (3) recognizes the 19th anniversary of the formal recognition and funding by Congress of Asian American and Native American Pacific Islander-serving institutions and expresses support for the designation of "Asian American and Native American Pacific Islander-Serving Institutions Week"; and (4) calls on the people of the United States, including the United States territories in the Pacific, and interested groups to observe Asian American and Native American Pacific Islander-Serving Institutions Week with appropriate activities, ceremonies, and programs to demonstrate support for Asian American and Native American Pacific Islander-serving institutions.

Senate Resolution 912--Recognizing the 50th Anniversary of the Hyde Amendment and Its Enduring Legacy of Saving the Lives of More Than 2,600,000 Unborn Children and Respecting the Conscience Rights...

Page S5074 · Official text

SENATE RESOLUTION 912--RECOGNIZING THE 50TH ANNIVERSARY OF THE HYDE AMENDMENT AND ITS ENDURING LEGACY OF SAVING THE LIVES OF MORE THAN 2,600,000 UNBORN CHILDREN AND RESPECTING THE CONSCIENCE RIGHTS OF THE AMERICAN PEOPLE Mr. LANKFORD (for himself, Ms. Lummis, Mr. Justice, Mr. Ricketts, Mrs. Hyde-Smith, Mr. Daines, Mr. Risch, Mr. Hawley, Mr. Scott of Florida, Mr. Budd, Mr. Rounds, Mr. Wicker, Mrs. Blackburn, Mrs. Capito, Mr. Cruz, Mr. Banks, Mrs. Fischer, Mr. Crapo, Mr. Lee, Mr. Hoeven, Ms. Graham, Mrs. Britt, Mr. Hagerty, and Mr. McCormick) submitted the following resolution; which was referred to the Committee on Health, Education, Labor, and Pensions:

Text printed in the Record (2,983 characters)

Whereas September 30, 2026, marks the 50th anniversary of the Hyde Amendment, a longstanding pro-life provision which protects Federal taxpayer dollars from being used to take human life through elective abortion; Whereas, in 1976, Congressman Henry J. Hyde introduced an amendment, which bears his name, to House of Representatives Bill No. 14232, 94th Congress (referred to in this preamble as the "Hyde Amendment"); Whereas, in introducing his amendment, Congressman Hyde explained, "We who seek to protect that most defenseless and innocent of human lives, the unborn--seek to inhibit the use of Federal funds to pay for and thus encourage abortion as an answer to the human and compelling problem of an unwanted child."; Whereas the Hyde Amendment was adopted by Congress, shortly after Roe v. Wade, 410 U.S. 113 (1973) was decided, by a bipartisan vote and has been renewed in both Republican and Democratic majorities through the annual appropriations process for 50 years; Whereas, since 1976, more than 2,600,000 lives have been saved by the Hyde Amendment; Whereas the Hyde Amendment reflects the bipartisan principle that American Federal taxpayer dollars should not be used to finance abortions, safeguarding taxpayers' conscience rights; Whereas public funding of abortion makes the American taxpayer complicit in the physical, emotional, and societal harm caused to women by abortion and increases the pressure a woman may already feel to have an abortion; Whereas the 50th anniversary of the Hyde Amendment provides an opportunity to remember the more than 64,000,000 abortions that have taken place in the United States since the Roe v. Wade decision; and Whereas every human life in the womb has inherent dignity and worth, is not inconvenient, and has the right to life: Now, therefore, be it Resolved, That the Senate-- (1) recognizes the 50th anniversary of the introduction of the amendment by Congressman Henry Hyde (referred to in this resolution as the "Hyde Amendment"); (2) commemorates the adoption of the Hyde Amendment in 1976, and its continued inclusion in Federal appropriations bills for 5 decades; (3) honors the legacy of Congressman Hyde and recognizes his leadership in establishing the policy that bears his name; (4) recognizes the 2,600,000 lives saved by the Hyde Amendment; (5) affirms the principle that Federal taxpayers should not be compelled to fund abortions in violation of their deeply held religious, moral, medical, or ethical convictions; (6) recognizes the Members of Congress, advocates, citizens, and organizations that have worked for more than 5 decades to preserve protections for unborn children and to maintain limitations on the use of Federal funds for abortion; and (7) encourages the people of the United States to reflect upon the history and significance of the Hyde Amendment and the loss of more than 64,000,000 babies through abortions that have taken place since Roe v. Wade, 410 U.S. 113 (1973).

Senate Resolution 913--Relating to the Death of the Honorable Nancy Kassebaum, Former United States Senator for the State of Kansas

Pages S5074–S5075 · Official text

SENATE RESOLUTION 913--RELATING TO THE DEATH OF THE HONORABLE NANCY KASSEBAUM, FORMER UNITED STATES SENATOR FOR THE STATE OF KANSAS Mr. MORAN (for himself, Mr. Marshall, Mr. Thune, Mr. Schumer, Ms. Alsobrooks, Mr. Armstrong, Ms. Baldwin, Mr. Banks, Mr. Barrasso, Mr. Bennet, Mrs. Blackburn, Mr. Blumenthal, Ms. Blunt Rochester, Mr. Booker, Mr. Boozman, Mrs. Britt, Mr. Budd, Ms. Cantwell, Mrs. Capito, Mr. Cassidy, Ms. Collins, Mr. Coons, Mr. Cornyn, Ms. Cortez Masto, Mr. Cotton, Mr. Cramer, Mr. Crapo, Mr. Cruz, Mr. Curtis, Mr. Daines, Ms. Duckworth, Mr. Durbin, Ms. Ernst, Mr. Fetterman, Mrs. Fischer, Mr. Gallego, Mrs. Gillibrand, Ms. Graham, Mr. Grassley, Mr. Hagerty, Ms. Hassan, Mr. Hawley, Mr. Heinrich, Mr. Hickenlooper, Ms. Hirono, Mr. Hoeven, Mr. Husted, Mrs. Hyde-Smith, Mr. Johnson, Mr. Justice, Mr. Kaine, Mr. Kelly, Mr. Kennedy, Mr. Kim, Mr. King, Ms. Klobuchar, Mr. Lankford, Mr. Lee, Mr. Lujan, Ms. Lummis, Mr. Markey, Mr. McConnell, Mr. McCormick, Mr. Merkley, Mrs. Moody, Mr. Moreno, Ms. Murkowski, Mr. Murphy, Mrs. Murray, Mr. Ossoff, Mr. Padilla, Mr. Paul, Mr. Peters, Mr. Reed, Mr. Ricketts, Mr. Risch, Ms. Rosen, Mr. Rounds, Mr. Sanders, Mr. Schatz, Mr. Schiff, Mr. Schmitt, Mr. Scott of Florida, Mr. Scott of South Carolina, Mrs. Shaheen, Mr. Sheehy, Ms. Slotkin, Ms. Smith, Mr. Sullivan, Mr. Tillis, Mr. Tuberville, Mr. Van Hollen, Mr. Warner, Mr. Warnock, Ms. Warren, Mr. Welch, Mr. Whitehouse, Mr. Wicker, Mr. Wyden, and Mr. Young) submitted the following resolution; which was considered and agreed to:

Text printed in the Record (1,877 characters)

Whereas Nancy Kassebaum was born in Topeka, Kansas; Whereas Nancy Kassebaum began her lifetime of public service as a member of the Kansas Governmental Ethics Commission and Kansas Committee on the Humanities, as well as the local school board in Maize, Kansas; Whereas Nancy Kassebaum advocated on behalf of Kansans as a constituent services staff member for Senator James Pearson from 1975 to 1976; Whereas Nancy Kassebaum began her United States Senate career in 1978, which would last until 1997, serving during this period as Chairman of the of the Committee on Labor and Human Resources (now known as the Committee on Health, Education, Labor and Pensions); Whereas Nancy Kassebaum introduced the bipartisan Senate legislation that became the foundation of the Health Insurance Portability and Accountability Act (Public Law 104-191; 42 U.S.C. 201 note), which established Federal protections for patients' medical information; Whereas Nancy Kassebaum was the only woman serving in the United States Senate at the time of her election; Whereas Nancy Kassebaum was recognized for her public service by President Joseph Biden and was awarded the Presidential Citizens Medal in 2025; and Whereas Nancy Kassebaum exemplified the American spirit of service and leadership: Now, therefore, be it Resolved, That-- (1) the Senate-- (A) has heard with profound sorrow and deep regret the announcement of the death of the Honorable Nancy Kassebaum, former United States Senator for the State of Kansas; (B) respectfully requests that the Secretary of the Senate-- (i) communicate this resolution to the House of Representatives; and (ii) transmit an enrolled copy of this resolution to the family of the Honorable Nancy Kassebaum; and (2) when the Senate adjourns today, it stands adjourned as a further mark of respect to the memory of the Honorable Nancy Kassebaum.

Senate Resolution 914--Designating September 2026 as "National Cholesterol Education Month" and September 30, 2026, as "Ldl-C Awareness Day"

Page S5075 · Official text

Mrs. HYDE-SMITH (for herself, Mr. Peters, Mrs. Britt, and Mr. Padilla) submitted the following resolution; which was considered and agreed to:

Text printed in the Record (3,727 characters)

Whereas cardiovascular disease is the leading cause of death for men and women in the United States; Whereas more than 184,000,000 people in the United States are projected to have some type of cardiovascular disease by 2050, and total cardiovascular disease-related costs are projected to triple to $1,800,000,000,000; Whereas, compared to urban areas, rural areas in the United States have higher death rates for cardiovascular disease and stroke and a 40 percent higher prevalence of cardiovascular disease; Whereas risk factors contributing to cardiovascular disease and poor health outcomes include elevated low-density lipoprotein cholesterol (referred to in this preamble as "LDL-C" ), high levels of lipoprotein(a) cholesterol, hypertension, obesity, low awareness of personal risk factors, genetics, geographic location, and disparities in access to care; Whereas lipoprotein(a) cholesterol is predominantly genetically inherited and can build up in the walls of blood vessels, creating cholesterol deposits, or plaques, and lead to atherosclerotic cardiovascular disease; Whereas clinical guidelines recommend that adults in the United States should have a lipoprotein(a) test at least once in their lifetime for cardiovascular risk assessment; Whereas LDL-C is a modifiable risk factor for cardiovascular disease, and having lower LDL-C is associated with a reduced risk of atherosclerotic cardiovascular disease, including heart attack and stroke, which are the leading causes of cardiovascular-related mortality; Whereas more than 25.5 percent of adults in the United States have high LDL-C; Whereas more than 200 studies with more than 2,000,000 patients have broadly established that elevated LDL-C causes atherosclerotic cardiovascular disease; Whereas atherosclerotic cardiovascular disease is the build-up of cholesterol plaque within the walls of arteries and includes acute coronary syndrome, peripheral arterial disease, and events such as heart attacks and strokes; Whereas the resources needed to bend the curve on cardiovascular disease exist, yet fewer than 1 in 4 adults with high-risk atherosclerotic cardiovascular disease in the United States achieve guideline-recommended LDL-C targets; Whereas only 33 percent of individuals with atherosclerotic cardiovascular disease who are taking statins, a guideline recommended lipid-lowering therapy, actually achieve LDL-C goals; Whereas, although clinical guidelines recommend that a patient hospitalized for heart attack receive an LDL-C test in the 90 days following discharge from a hospital, only 27 percent of patients receive the test; Whereas African-American adults are less likely to receive an LDL-C test in the 90 days following discharge from a hospital, despite having a higher prevalence of cardiovascular disease; Whereas significant gaps in care may lead to subsequent cardiovascular events; Whereas Federal agencies seek to improve access to and quality of care to reduce heart disease, stroke, and death; and Whereas September is recognized as National Cholesterol Education Month to raise awareness of cardiovascular disease and the importance of individuals knowing their LDL-C number: Now, therefore, be it Resolved, That the Senate-- (1) encourages all individuals in the United States to know their low density lipoprotein cholesterol (referred to in this resolution as "LDL-C") number; (2) designates September 2026 as "National Cholesterol Education Month"; (3) designates September 30, 2026, as "LDL- C Awareness Day"; and (4) recognizes the urgent need for screening and treating of elevated LDL-C to reduce the risk of cardiovascular disease and cardiovascular events, including heart attacks and strokes.

Senate Resolution 915--Recognizing the Nationwide Impact of Prison Fellowship on the Occasion of Its 50th Anniversary

Pages S5075–S5076 · Official text

SENATE RESOLUTION 915--RECOGNIZING THE NATIONWIDE IMPACT OF PRISON FELLOWSHIP ON THE OCCASION OF ITS 50TH ANNIVERSARY Mr. LANKFORD (for himself and Mr. Coons) submitted the following resolution; which was considered and agreed to:

Text printed in the Record (3,940 characters)

Whereas Prison Fellowship was founded in 1976 by the late Charles Colson, after his conversion to Christianity and the strengthening of his faith during incarceration; Whereas, in 2026, Prison Fellowship celebrates its 50th anniversary as the largest Christian nonprofit serving prisoners, former prisoners, and their families in the United States, continuing its mission to encounter Jesus with those impacted by incarceration and annually reaching more than 600,000 individuals with the support of more than 200,000 volunteers nationwide; Whereas Prison Fellowship envisions a revival of the church both inside and outside prison that brings justice, mercy, and hope to communities in the United States, and through the efforts of its staff and volunteers, shares the Gospel in hundreds of correctional facilities each year; Whereas the Prison Fellowship Academy is a yearlong, intensive program that invites incarcerated individuals to engage in personal transformation, character development, and spiritual growth; Whereas more than 16,000 individuals have participated in the Prison Fellowship Academy, with approximately 6,000 graduates; Whereas evaluations, conducted by the Texas Department of Criminal Justice and the Minnesota Department of Corrections, have demonstrated significant reductions in recidivism among participants of the Prison Fellowship Academy; Whereas Prison Fellowship Grow fosters faith formation, mentorship, and community engagement for individuals exploring life through the Gospel; Whereas more than 350,000 individuals have participated in a Prison Fellowship Grow Bible study or related course; Whereas the Prison Fellowship Academy has been approved by the Federal Bureau of Prisons as an evidence-based recidivism reduction program under the First Step Act of 2018 (Public Law 115-391; 132 Stat. 5194), making Prison Fellowship the first nonprofit organization to have a program receive this designation, and Prison Fellowship Grow has likewise been approved by the Federal Bureau of Prisons as a productive activity under the First Step Act of 2018; Whereas, to strengthen relationships between incarcerated parents and their children, the Prison Fellowship Angel Tree equips local churches with Christmas gifts, summer camps, and year-round family support; Whereas more than 13,000,000 children have been served through Angel Tree Christmas and more than 120,000 children have attended an Angel Tree camp; Whereas, using education, reflection, planning, and implementation, Warden Exchange equips correctional leaders with the tools needed to create safer, more restorative prison environments for incarcerated individuals and correctional staff; Whereas, since 2014, Warden Exchange has equipped more than 820 State correctional leaders nationwide to reimagine prisons, and in 2026, the program admitted its first Federal warden; and Whereas, since launching Second Chance Month in 2017, Prison Fellowship has raised national awareness of barriers facing people with criminal records and expanded opportunities for brighter futures, with more than 1,000 partners and recognition from the White House, the United States Senate, and more than 40 jurisdictions: Now, therefore, be it Resolved, That the Senate-- (1) honors Prison Fellowship on the occasion of the 50th anniversary of its founding by Charles Colson, which was inspired by his personal transformation and a vision of redemption, justice, and hope; (2) commends Prison Fellowship's decades of service in advancing restoration, rehabilitation, and second chances through faith-based programs that strengthen individuals, families, and communities; and (3) recognizes the lasting contributions of the staff, volunteers, church partners, correctional leaders, and program participants of Prison Fellowship, whose efforts have transformed millions of lives and fostered hope across the United States over the past 5 decades.

Senate Resolution 916--Designating the Week of September 21, 2026, as the "Ray Gaesser Memorial Farm Safety Week" to Recognize the Life and Legacy of Ray Gaesser, Who Passed Away in a Tragic...

Page S5076 · Official text

SENATE RESOLUTION 916--DESIGNATING THE WEEK OF SEPTEMBER 21, 2026, AS THE "RAY GAESSER MEMORIAL FARM SAFETY WEEK" TO RECOGNIZE THE LIFE AND LEGACY OF RAY GAESSER, WHO PASSED AWAY IN A TRAGIC FARMING ACCIDENT, AND PROMOTE FARM SAFETY IN THE HONOR OF RAY GAESSER Ms. ERNST (for herself and Mr. Grassley) submitted the following resolution; which was considered and agreed to:

Text printed in the Record (2,275 characters)

Whereas Ray Gaesser was a devoted family man, a trusted friend, and a leading voice for agriculture in Iowa; Whereas Gaesser believed farming was a privilege and treated the land as something to be cared for, strengthened, and handed down to the next generation to carry on the oldest tradition of Iowa; Whereas the impact of Gaesser on agriculture in Iowa reached far beyond his own fields; Whereas Gaesser was the president of the Iowa Soybean Association in 2007 and, in 2014, became the president of the American Soybean Association, promoting the priorities of farmers from across the United States on trade missions around the world; Whereas Gaesser passed away in a tragic farming accident while tending to the land that he loved, which highlights the inherent physical dangers faced by even the most seasoned agriculturalists across the United States; Whereas Gaesser leaves behind his wife, Elaine, their children, Chris and Jennifer, and a legacy that will endure in the land he cared for and in the lives of the farmers he spent his life fighting for; Whereas the Director of the Centers for Disease Control and Prevention designates agriculture as one of the most dangerous industries for workers; Whereas an estimated 160 agricultural workers are injured every day in the United States, resulting in more than 58,000 injuries every year; Whereas nearly 400 agricultural workers die every year as a result of injuries sustained in severe farm-related accidents; Whereas over 100 individuals under the age of 20 die in farm-related accidents every year; and Whereas education and awareness on the leading causes of farm-related accidents and accident prevention can save the lives of agricultural workers and prevent tragedies such as the accident that took the life of Ray Gaesser: Now, therefore, be it Resolved, That the Senate-- (1) designates the week of September 21, 2026, as the "Ray Gaesser Memorial Farm Safety Week"; and (2) recognizes-- (A) the important life, leadership, and legacy of Ray Gaesser; (B) the sacrifices farming families make to feed, fuel, and clothe the United States and the world; and (C) the critical need for the promotion of life-saving education and awareness relating to the prevention of farm-related accidents.

Text of Amendments

Pages S5076–S5119 · Official text

SA 6836. Mr. SCOTT of South Carolina (for himself 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:

Text printed in the Record (6,989 characters)

Strike title III and insert the following: SEC. 301. 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. 302. 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 303(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 title; 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 303(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 303(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 title. (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 title. (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. 303.

Text printed in the Record (11,897 characters)

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 302(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 title. SEC. 304. USE OF SMALL BUSINESS CONCERNS. In carrying out projects funded with a grant under this title, 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. 305. 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 title; (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 title, 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 302(b) with the grant funds received under this title; 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 eligibility 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. 306. REPORTS. (a) Department of Education Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this title, 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 title. (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 title, 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.

Text printed in the Record (2,862 characters)

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 303(c). (b) Comptroller General Appropriations Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this title, 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 title. (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 title. (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 title, the Comptroller General of the United States shall conduct a study on the implementation of the grant program under this title. (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 title. SEC. 307. 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). ______

SA 6837. Mr. WARNER submitted an amendment intended to be proposed by him to the bill H.R. 9340, 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; which was ordered to lie on the table; as follows:

Text printed in the Record (11,817 characters)

At the end, add the following: SEC. 3. EXEMPTING AI DATA CENTERS FROM BONUS DEPRECIATION. (a) In General.--Section 168(k) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (9)-- (A) in subparagraph (A), by striking "or" at the end, (B) in subparagraph (B), by striking the period at the end and inserting ", or", and (C) by adding at the end the following new subparagraph: "(C) any property used in an AI data center.", and (2) by adding at the end the following new paragraph: "(11) AI data center.-- "(A) In general.--For purposes of paragraph (9)(C), the term `AI data center' means a permanent or semipermanent structure, or group of such structures, which-- "(i) is dedicated to-- "(I) the centralized accommodation, interconnection, and operation of information technology and network telecommunications equipment (including not less than 1 graphics processing unit), and "(II) providing data storage, processing, and transport services, and "(ii) at least 20 percent of which is used for developing or operating artificial intelligence. "(B) Exclusion.-- "(i) In general.--For purposes of paragraph (9)(C), the term `AI data center' shall not include any structure or group of structures described in subparagraph (A) which has obtained the LEED Green Building Rating System certification at the Platinum or Gold level. "(ii) Alternate standard.--The Secretary of Energy and the Administrator of the Environmental Protection Agency may jointly-- "(I) establish or identify an alternate standard that is equivalent to or exceeds the standard described in clause (i), and "(II) as an alternative to the standard described in clause (i), allow the use of such alternate standard for purposes of the exclusion provided under such clause. "(C) Definitions.--For purposes of this paragraph-- "(i) Artificial intelligence.--The term `artificial intelligence' has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401). "(ii) Graphics processing unit.--The term `graphic processing unit' means a specialized electronic circuit designed to accelerate image rendering, graphics processing, and parallel computation tasks. "(iii) LEED green building rating system.--The term `LEED Green Building Rating System' means the most recent version of the Leadership in Energy and Environmental Design green building rating system for-- "(I) Building Design and Construction, or "(II) Operations and Maintenance, as developed by the U.S. Green Building Council.". (b) Application of Leased Property Rules to AI Data Centers.--Section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: "(o) Application of Leased Property Rules to AI Data Centers.--In the case of any AI data center (as defined in subsection (k)(11)) which is subject to a lease, the depreciation deduction provided by section 167(a) shall be determined pursuant to the rules under section 1.167(a)-11(e)(3)(iii) of title 26, Code of Federal Regulations (as in effect on the date of enactment of this subsection).". (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of enactment of this Act. SEC. 4. DATA CENTER DISCLOSURES. (a) Definitions.--In this section: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency. (2) Affected community.--The term "affected community" means a community that-- (A) is subject to the jurisdiction of the same unit of local government as a covered data center; or (B) is served by the same electric utility, water authority, or drinking water utility as a covered data center. (3) Affected unit of local government.--The term "affected unit of local government" means any unit of local government within the jurisdiction of which a covered data center or affected community is located. (4) Applicable recipient.--The term "applicable recipient", with respect to a disclosure under subsection (b) or a report under subsection (c), means-- (A) if the applicable covered data center is located in an electing State, the electing State; and (B) if the applicable covered data center is not located in an electing State, the Secretary and the Administrator. (5) Covered data center.-- (A) In general.--The term "covered data center" means a data center, including a dual-use data center and a data center that is co-located or otherwise shares commercial space with a dedicated Federal data center, the power demand of which is 25 megawatts or more. (B) Exclusion.--The term "covered data center" does not include a dedicated Federal data center. (6) Data center.--The term "data center" has the meaning given the term in section 453(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112(a)). (7) Data center operator.--The term "data center operator" means any person that operates a covered data center. (8) Dedicated federal data center.--The term "dedicated Federal data center" means a data center that is owned and operated exclusively by or for the Federal Government (including any element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003))). (9) Dual-use data center.--The term "dual-use data center" means a data center that provides services to both the Federal Government and 1 or more non-Federal interests. (10) Director.--The term "Director" means the Director of the Office of Management and Budget. (11) Electing state.--The term "electing State" means a State that-- (A) has elected to receive disclosures and reports under this section; (B) has established a system for receiving those disclosures and reports; and (C) has notified the Secretary and the Administrator that the State will-- (i) receive those disclosures and reports; and (ii) submit to the Secretary and the Administrator an annual compilation of those disclosures and reports under subsection (d)(1). (12) Power usage effectiveness.--The term "power usage effectiveness" has the meaning given the term in the document published in 2026 by the International Organization for Standardization and the International Electrotechnical Commission entitled "Information technology -- Data centres key performance indicators -- Part 2: Power usage effectiveness (PUE)" and numbered ISO/IEC 30134-2:2026 (or a successor document). (13) Secretary.--The term "Secretary" means the Secretary of Energy. (14) State.--The term "State" means-- (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) the United States Virgin Islands; (E) Guam; (F) American Samoa; (G) the Commonwealth of the Northern Mariana Islands; (H) an Indian tribe included on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131); (I) the Federated States of Micronesia; (J) the Republic of the Marshall Islands; and (K) the Republic of Palau. (15) Water usage effectiveness.--The term "water usage effectiveness" has the meaning given the term in the document published in 2022 by the International Organization for Standardization and the International Electrotechnical Commission entitled "Information technology -- Data centres key performance indicators -- Part 9: Water usage effectiveness (WUE)" and numbered ISO/IEC 30134-9:2022 (or a successor document). (b) Initial Disclosures.-- (1) In general.--Not later than 180 days before the date on which a covered data center commences operations, the data center operator shall submit to the applicable recipient an initial disclosure that includes an estimate of the information described in paragraphs (1) through (4) of subsection (c) for the 1-year period beginning on the date on which the covered data center is expected to commence operations. (2) Existing data centers.--Not later than 180 days after the date of enactment of this Act, each covered data center operating as of that date of enactment shall submit to the applicable recipient an initial disclosure that includes the information required to be included in an annual mandatory report under subsection (c) for the most recent calendar year ending before that date of enactment. (3) Federal data centers.-- (A) Dual-use data centers.--With respect to a dual-use data center-- (i) this subsection and subsection (c) shall only apply to the extent prescribed by the Director under subsection (e)(1)(D); and (ii) in providing initial disclosures under this subsection or submitting an annual report under subsection (c) as so prescribed, the data center operator shall comply with all applicable requirements established under subsection (e), including the standards established under paragraph (1)(D) of that subsection and any exemptions from disclosure established under paragraph (2)(C) of that subsection. (B) Dedicated federal data centers.--This subsection and subsection (c) shall not apply to a dedicated Federal data center. (c) Annual Mandatory Report.--Not later than December 31 of each year, each data center operator shall submit to the applicable recipient an annual report that describes, for the most recent preceding calendar year, the following information for each applicable covered data center operated by the data center operator: (1) Water access and usage.-- (A) The total number of gallons of water withdrawn or consumed each month by the covered data center during the year covered by the report. (B) The source of the water so withdrawn or consumed by the covered data center, such as a municipal drinking water system, groundwater, surface water, or reclaimed water. (C) The annual average water usage effectiveness of the covered data center. (D) Any water rights, permits, or long-term supply agreements held by a data center operator for a covered data center, including the term and quantity of water subject to those rights, that permit, or that agreement. (2) Electricity access and usage.-- (A) The total electricity contracted for or consumed by the covered data center each month during the year covered by the report, measured in megawatt-hours, and the peak electricity demand of the covered data center during that year, measured in megawatts. (B) If the covered data center uses behind-the-meter power generation, the method used to generate that power, including the percentage of total electricity consumed by the covered data center from each behind-the-meter generation source type, calculated on an actual-dispatch basis. (C) The total greenhouse gas emissions of the covered data center in carbon dioxide-equivalent metric tons (calculated on the basis of energy consumption). (D) The annual average power usage effectiveness of the covered data center. (E) Any long-term power purchase agreements or utility service agreements to which the covered data center operator was a party during the year covered by the report, including-- (i) the term of the power purchase agreement; and (ii) the quantity of power covered by the power purchase agreement. (3) Backup power.-- (A) The types of backup power maintained for the covered data center, including generators, batteries, and all other sources of backup power. (B) The total backup capacity maintained for the covered data center. (C) The quantity of fuel stored on-site for backup power. (D) The total hours that the covered data center operated using backup power during the year covered by the report. (E) The annual emissions of carbon dioxide, and criteria pollutants for which there are national ambient air quality standards under section 109 of the Clean Air Act (42 U.S.C.

Text printed in the Record (7,718 characters)

7409), from backup power during the year covered by the report. (4) Property setback.--The setback requirements for data center facilities in the State in which the covered data center is located, including any zoning variances, special use permits, or conditional approvals relating to the use of a facility or setback by the data center operator. (d) Reports to EPA and DOE.-- (1) In general.--Each electing State shall annually submit to the Secretary and the Administrator a compilation of-- (A) the disclosures submitted to the electing State under subsection (b); and (B) the reports submitted to the electing State under subsection (c). (2) Publication.--The Secretary and the Administrator shall make publicly available on the website of the Department of Energy and the Environmental Protection Agency, respectively, an annual report that includes each of-- (A) the disclosures submitted directly to the Secretary and the Administrator under subsection (b); (B) the reports submitted directly to the Secretary and the Administrator under subsection (c); (C) the compilations submitted to the Secretary and the Administrator under paragraph (1); and (D) any information submitted to the Secretary and the Administrator under subsection (e)(3), in accordance with any standards established under subsection (e)(1)(C). (e) Disclosures for Federal Data Centers.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Director shall establish standards for-- (A) the compilation by appropriate Federal officials, as determined by the Director, of information relating to each dedicated Federal data center and dual-use data center utilized by the Federal Government; (B) the submission of that information to the committees of Congress with jurisdiction over those Federal officials; (C) the publication of that information pursuant to subsection (d)(2)(D), if applicable; and (D) with respect to dual-use data centers, disclosure and reporting by the applicable data center operator under subsections (b) and (c). (2) Requirements.--The standards established under paragraph (1) shall-- (A) to the maximum extent practicable, require the disclosure of information consistent with the information required to be disclosed under subsection (c) with respect to covered data centers; (B) simultaneously-- (i) promote data center accountability and transparency; and (ii) protect national security; and (C) include exemptions from disclosure to protect national security, as appropriate. (3) Submission of information for publication.--If the Director determines appropriate, the standards established under paragraph (1) may require appropriate Federal officials, as determined by the Director, to submit to the Secretary and the Administrator for publication under subsection (d)(2)(D) such information as is appropriate for publication under that subsection. (4) Coordination.--In carrying out this subsection, including the development of exemptions under paragraph (2)(C), the Director shall coordinate with appropriate officials of-- (A) the Office of the Director of National Intelligence; (B) the Central Intelligence Agency; (C) the Department of Defense; (D) the Department of Homeland Security; (E) the Department of Justice; (F) the Department of Energy; (G) the Department of Commerce; (H) the Department of the Treasury; and (I) any other relevant Federal agency, as determined by the Director, including any Federal agency utilizing a data center for purposes relating to national security. (f) Prohibition on Use of Nondisclosure Agreements or Confidentiality Agreements To Conceal Information or Avoid Required Disclosures.-- (1) In general.--Notwithstanding any provision of State contract law or any agreement to the contrary, no nondisclosure agreement, confidentiality agreement, or similar contract or agreement shall operate-- (A) to prevent, limit, delay, or penalize disclosure by any party to the contract or agreement to the Secretary, the Administrator, or an electing State of any information required to be disclosed to the Secretary, the Administrator, or the electing State under this section; (B) to prevent, limit, delay, or penalize disclosure by an electing State to-- (i) the Secretary or the Administrator of any information required to be disclosed to the Secretary or the Administrator under this section; or (ii) an affected unit of local government of any information provided to the electing State under this section; or (C) to require any party to the contract or agreement to seek approval from a data center operator before responding to a request for information from the Secretary, the Administrator, or an electing State made pursuant to subsection (g)(4). (2) Voidability.--Any provision of a nondisclosure agreement, confidentiality agreement, or similar contract or agreement that purports to restrict disclosure in a manner prohibited under paragraph (1) is void as against public policy and unenforceable to the extent of such restriction. (3) No liability for compliance.--No electric utility, water authority, drinking water utility, unit of local government, or State agency shall be liable to a data center operator under any nondisclosure agreement, confidentiality agreement, or similar contract or agreement for any disclosure made in compliance with the requirements of this section. (4) Federal preemption.--To the extent that any provision of State contract law would render enforceable a provision of a nondisclosure agreement, confidentiality agreement, or similar contract or agreement prohibited or rendered unenforceable under this subsection, such provision of State law is preempted by this Act. (5) Rule of construction.--Nothing in this section prohibits a data center operator from entering into a nondisclosure agreement, confidentiality agreement, or similar contract or agreement covering information that is not required to be disclosed to the Secretary, the Administrator, or an electing State under this section. (g) Enforcement.-- (1) Negligent violations.--Any data center operator that negligently fails to submit a disclosure required under subsection (b) or a report required under subsection (c) shall be subject to a civil penalty of not more than $50,000 for each day of noncompliance. (2) Knowing violations.--Any data center operator that knowingly fails to submit a disclosure required under subsection (b) or a report required under subsection (c), or that knowingly submits a false or materially misleading disclosure or report, shall be subject to a civil penalty of not more than $100,000 for each day of noncompliance. (3) State enforcement.--An electing State may impose fines and engage in other enforcement activities consistent with this section and applicable State law. (4) Requests for information.--The Secretary and the Administrator, acting jointly, or an electing State may issue to an electric utility, water authority, or drinking water utility a request for information relating to matters required to be disclosed by a data center operator under subsection (b) or (c). (h) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Secretary and the Administrator shall jointly promulgate such regulations as are necessary to carry out this section, including regulations establishing-- (1) standardized formatting for the disclosures under subsection (b) and the reports under subsection (c); and (2) procedures for submission to, and review by, the Secretary and the Administrator of disclosures under subsection (b), reports under subsection (c), and compilations under subsection (d)(1). ______

SA 6838. Mr. CRUZ (for himself and Ms. Cantwell) submitted an amendment intended to be proposed by him to the bill S. 3923, 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; which was ordered to lie on the table; as follows:

Text printed in the Record (366 characters)

Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the "Weather Research and Forecasting Innovation Reauthorization Act of 2026". (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions.

TITLE I--REAUTHORIZATION OF THE WEATHER RESEARCH AND FORECASTING INNOVATION ACT OF 2017 Sec. 101. Public safety priority. Sec. 102. United States weather research and forecasting. Sec. 103. Verification of the Origins of Rotation in Tornadoes Experiment-United States of America (VORTEX-USA). Sec. 104. Hurricane forecast improvement program. Sec. 105. Tsunami Warning and Education Act reauthorization. Sec. 106. Observing system planning. Sec. 107. Observing system simulation experiments. Sec. 108. Computing resources prioritization. Sec. 109. Earth Prediction Innovation Center. Sec. 110. Satellite architecture planning. Sec. 111. Improving uncrewed activities. Sec. 112. Interagency Council for Advancing Meteorological Services. Sec. 113. Ocean observations. Sec. 114. Consolidation of reports. Sec. 115. Precipitation forecast improvement program.

Text printed in the Record (1,928 characters)

TITLE II--ENHANCING FEDERAL WEATHER FORECASTING AND INNOVATION Sec. 201. Next-generation numerical weather prediction initiative. Sec. 202. Radar Next Program. Sec. 203. Data voids in under-observed areas of the United States. Sec. 204. Radar innovation for the next generation. Sec. 205. Atmospheric rivers forecast improvement program. Sec. 206. Coastal flooding and storm surge forecast improvement program. Sec. 207. Improving prevention and responses to temperature related impacts. Sec. 208. Aviation weather and data innovation. Sec. 209. Aerial snow survey program. Sec. 210. National Environmental Satellite, Data, and Information Service partnership program, transition program, and operational planning. Sec. 211. Advanced Weather Interactive Processing System. Sec. 212. Reanalysis and reforecasting. Sec. 213. National Weather Service workforce. Sec. 214. Consultation relating to modernization and reorganization. Sec. 215. Artificial intelligence for weather forecasting. Sec. 216. Composition of the atmosphere and atmospheric observations. Sec. 217. Project to improve forecasts of coastal marine fog. Sec. 218. Modernization of NWS alerting systems. TITLE III--COMMERCIAL WEATHER AND ENVIRONMENTAL OBSERVATIONS Sec. 301. Commercial Data Program. Sec. 302. Commercial Data Pilot Program. Sec. 303. Contracting authority and avoidance of duplication. Sec. 304. Data assimilation, management, and sharing practices. Sec. 305. Clerical amendment. Sec. 401. Definitions. Sec. 402. Hazardous weather or water event risk communication. Sec. 403. Hazard communication research and engagement. Sec. 404. NOAA Weather Radio. Sec. 405. National standards for weather warning systems in flash flood zones. Sec. 406. Post-storm surveys and assessments. Sec. 407. Government Accountability Office report on alert dissemination for hazardous weather or water events. Sec. 408. Data collection, management, and protection.

TITLE V--IMPROVING WEATHER INFORMATION FOR AGRICULTURE AND WATER MANAGEMENT Sec. 501. Weather information for agriculture and water management. Sec. 502. National Integrated Drought Information System. Sec. 503. National Mesonet Program. Sec. 504. National Coordinated Soil Moisture Monitoring Network. Sec. 505. National Water Center.

Text printed in the Record (1,361 characters)

TITLE VI--HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL Sec. 601. Amendments to the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. Sec. 602. Other harmful algal bloom and hypoxia matters. Sec. 701. Definitions. Sec. 702. Establishment of fire weather services program. Sec. 703. Fire weather testbed. Sec. 704. Data management and technology modernization. Sec. 705. Surveys and assessments. Sec. 706. Incident Meteorologist Service. Sec. 707. Emergency response activities. Sec. 708. Submissions to Congress regarding the Fire Weather Services Program, incident meteorologist workforce needs, and National Weather Service workforce support. Sec. 709. Fire Weather Science and Technology Working Group; strategic plan. Sec. 710. Fire weather rating system. Sec. 711. Government Accountability Office reports. Sec. 712. Cooperation and coordination. Sec. 713. General provisions. Sec. 714. Authorization of appropriations. TITLE VIII--PRECIPITATION ESTIMATES AND LANDSLIDE PREPAREDNESS Sec. 801. Inclusion of atmospheric rivers and extreme precipitation events in estimates of precipitation frequency. Sec. 802. Reauthorization of National Landslide Preparedness Act. Sec. 803. Next Generation Water Observing System. Sec. 804. Water data enhancement and national groundwater resources monitoring by United States Geological Survey.

TITLE IX--IMPROVING CYBERSECURITY AND TELECOMMUNICATIONS FOR OCEANIC RESEARCH Sec. 901. Definitions. Sec. 902. Plan to improve cybersecurity and telecommunications of U.S. Academic Research Fleet. TITLE X--INTEGRATED OCEAN OBSERVATION SYSTEM REAUTHORIZATION ACT OF 2026 Sec. 1001. Short title. Sec. 1002. Purposes. Sec. 1003. Definitions. Sec. 1004. Integrated Coastal and Ocean Observing System. Sec. 1005. Report to Congress. Sec. 1006. Authorization of appropriations. Sec. 1007. Conforming amendments. Sec. 1101. Relocation allowances. Sec. 1102. Unfunded priorities list, reports, and plans. Sec. 1103. Meteorological observations in the Arctic region. Sec. 1104. Transfer of excess property of the National Oceanic and Atmospheric Administration. Sec. 1105. Miscellaneous authorities.

Text printed in the Record (754 characters)

SEC. 2. DEFINITIONS. (a) In General.--In this Act, the terms "seasonal", "State", "subseasonal", "Under Secretary", "weather enterprise", "weather data", and "weather industry" have the meanings given such terms in section 2 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8501). (b) Weather Data Defined.--Section 2 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8501) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: "(5) Weather data.--The term `weather data' means information used to track and predict weather conditions and patterns, including forecasts, observations, and derivative products from such information.".

TITLE I--REAUTHORIZATION OF THE WEATHER RESEARCH AND FORECASTING INNOVATION ACT OF 2017

Text printed in the Record (9,299 characters)

SEC. 101. PUBLIC SAFETY PRIORITY. Section 101 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8511) is amended to read as follows: "SEC. 101. PUBLIC SAFETY PRIORITY. "(a) In General.--The Under Secretary shall ensure the National Oceanic and Atmospheric Administration remains focused on providing accurate and timely weather forecasts that protect lives and property and enhance the national economy, including by-- "(1) coordinating and modernizing observational infrastructure, weather forecasting systems, communications, and impact-based decision support services; and "(2) improving operational weather forecasts, products, and services. "(b) Research.--In conducting research, the Under Secretary shall prioritize improving weather data, modeling, computing, forecasting, and warnings and support transition of advancements into operational forecasting and services, for the protection of life and property and for the enhancement of the national economy.". SEC. 102. UNITED STATES WEATHER RESEARCH AND FORECASTING. Section 110 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8519) is amended to read as follows: "SEC. 110. AUTHORIZATION OF APPROPRIATIONS. "(a) Authorization of Appropriations.--There are authorized to be appropriated to the Office of Oceanic and Atmospheric Research to carry out this title the following: "(1) $166,736,000 for fiscal year 2027, of which-- "(A) $94,000,000 is authorized for weather laboratories and cooperative institutes; "(B) $39,491,000 is authorized for the United States Weather Research Program; "(C) $21,125,000 is authorized for tornado, severe storm, and next generation radar research; and "(D) $12,120,000 is authorized for the joint technology transfer initiative described in section 102(b)(4) of this title. "(2) $168,403,000 for fiscal year 2028, of which-- "(A) $94,940,000 is authorized for weather laboratories and cooperative institutes; "(B) $39,886,000 is authorized for the United States Weather Research Program; "(C) $21,336,000 is authorized for tornado, severe storm, and next generation radar research; and "(D) $12,241,000 is authorized for the joint technology transfer initiative described in section 102(b)(4) of this title. "(3) $170,089,000 for fiscal year 2029, of which-- "(A) $95,890,000 is authorized for weather laboratories and cooperative institutes; "(B) $40,285,000 is authorized for the United States Weather Research Program; "(C) $21,550,000 is authorized for tornado, severe storm, and next generation radar research; and "(D) $12,364,000 is authorized for the joint technology transfer initiative described in section 102(b)(4) of this title. "(4) $171,789,000 for fiscal year 2030, of which-- "(A) $96,849,000 is authorized for weather laboratories and cooperative institutes; "(B) $40,688,000 is authorized for the United States Weather Research Program; "(C) $21,765,000 is authorized for tornado, severe storm, and next generation radar research; and "(D) $12,487,000 is authorized for the joint technology transfer initiative described in section 102(b)(4) of this title. "(5) $173,506,000 for fiscal year 2031, of which-- "(A) $97,817,000 is authorized for weather laboratories and cooperative institutes; "(B) $41,094,000 is authorized for the United States Weather Research Program; "(C) $21,983,000 is authorized for tornado, severe storm, and next generation radar research; and "(D) $12,612,000 is authorized for the joint technology transfer initiative described in section 102(b)(4) of this title. "(b) Limitation.--No additional funds are authorized to carry out this title or the amendments made by this title.". SEC. 103. VERIFICATION OF THE ORIGINS OF ROTATION IN TORNADOES EXPERIMENT-UNITED STATES OF AMERICA (VORTEX-USA). (a) In General.--Section 103 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8513) is amended to read as follows: "SEC. 103. VERIFICATION OF THE ORIGINS OF ROTATION IN TORNADOES EXPERIMENT-UNITED STATES OF AMERICA (VORTEX-USA). "(a) In General.--The Under Secretary, in collaboration with the United States weather industry and academic partners, shall maintain a program for rapidly improving tornado forecasts, predictions, and warnings. "(b) Goal.--The goal of the program under subsection (a) shall be to develop and extend accurate tornado forecasts, predictions, and warnings in order to reduce the loss of life or property related to tornadoes, with a focus on the following: "(1) Forecaster training in radar interpretation and information integration from new sources. "(2) Improving the effectiveness and timeliness of tornado forecasts, predictions, and warnings, including with respect to-- "(A) tornado formation from fast-developing storm systems, such as derechos; "(B) areas that have historically experienced lower tornado frequency; and "(C) tornado formation at night. "(3) Optimizing lead time and providing actionable information beyond one hour in advance. "(4) Transitioning from warn-on-detection to warn-on-forecast. "(c) Innovative Observations.--The Under Secretary shall ensure the program under subsection (a) periodically examines, tests, and evaluates the value of incorporating innovative observations, such as novel sensor technologies, observation tools or networks, crewed or uncrewed systems, and hosted instruments on commercial aircraft, vessels, and satellites, with respect to the improvement of tornado forecasts, predictions, and warnings. "(d) Activities.--The Under Secretary shall award grants for research, including relating to the following: "(1) Implementing key goals and achieving program milestones to the maximum extent practicable, as outlined by the National Oceanic and Atmospheric Administration's 2019 report entitled, `Tornado Warning Improvement and Extension Program Plan'. "(2) In coordination with the Social and Behavioral Sciences Subcommittee of the National Science and Technology Council, improving the social, behavioral and economic sciences regarding risk communication, and delivery of information critical for reducing the loss of life or property related to tornadoes. "(3) Improving the physical sciences, computer modeling, and tools related to tornado formation, the impacts of tornadoes on the built and natural environment, and the interaction of tornadoes and hurricanes. "(e) Priority Institutions.-- "(1) In general.--In awarding grants under subsection (d), the Under Secretary shall give priority to eligible institutions selected through a competitive, merit-based process. "(2) Eligible institution defined.--In this subsection, the term `eligible institution' means any of the following: "(A) An institution that is frequently subjected to severe weather, such as tornadoes, hurricanes, or floods. "(B) An institution of higher education in close proximity to a Weather Forecast Office of the National Weather Service. "(f) Warnings.--In carrying out subsection (a), the Under Secretary, in coordination with the program established under section 403(a) of the Weather Research and Forecasting Innovation Reauthorization Act of 2026, shall-- "(1) conduct and transition to operations the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornadoes and related weather phenomena; "(2) incorporate into tornado modeling and forecasting, as appropriate, social, behavioral, risk, communication, and economic sciences; "(3) enhance workforce training on radar interpretation and use of tornado warning systems; and "(4) expand computational resources to support higher-resolution modeling to advance the capability for warn-on-forecast. "(g) Tornado Rating System.--The Under Secretary, in collaboration with local communities and emergency managers, shall-- "(1) evaluate the system used as of the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026 to rate the severity of tornadoes; "(2) determine whether updates to such system are required to ensure such ratings accurately reflect the severity of tornadoes; and "(3) if determined necessary, update such system. "(h) Annual Budget.--The Under Secretary shall submit to Congress, with the budget of the President submitted under section 1105 of title 31, United States Code, for a fiscal year, a proposed budget for activities to carry out this section in that fiscal year. "(i) Authorization of Appropriations.--There is authorized to be appropriated to the Under Secretary to carry out this section $11,000,000 for each of fiscal years 2027 through 2031, of which not less than $2,000,000 each fiscal year shall be used for grants awarded to institutions under subsection (e).". (b) Clerical Amendment.--The table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 is amended by amending the item relating to section 103 to read as follows: "Sec. 103. Verification of the Origins of Rotation in Tornadoes Experiment-United States of America (VORTEX-USA).". SEC. 104. HURRICANE FORECAST IMPROVEMENT PROGRAM. Section 104 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8514) is amended to read as follows: "SEC. 104.

Text printed in the Record (6,899 characters)

HURRICANE FORECAST IMPROVEMENT PROGRAM. "(a) In General.--The Under Secretary, in collaboration with the United States weather industry and academic partners, shall maintain a program to improve hurricane forecasting, predictions, and warnings. "(b) Goal.--The goal of the program under subsection (a) shall be to develop and extend accurate hurricane forecasts, predictions, and warnings in order to reduce the loss of life or property related to hurricanes, with a focus on the following: "(1) Improving the understanding, prediction, and communication of rapid intensity change and projected path of hurricanes, including probabilistic methods for hurricane hazard mapping. "(2) Improving the forecast and impact-based communication of inland flooding, compound flooding, and storm surges from hurricanes, in coordination with the program established under section 206 of the Weather Research and Forecasting Innovation Reauthorization Act of 2026. "(3) Incorporating social, behavioral, risk, communication, and economic sciences to clearly inform response to prevent the loss of life or property. "(4) Evaluating and incorporating, as appropriate, innovative observations, including acoustic or infrasonic measurements, novel sensor technologies, observation tools or networks, crewed or uncrewed systems, and hosted instruments on commercial aircraft, vessels, and satellites. "(c) Activities.--The Under Secretary shall award grants for research, including relating to the following: "(1) Implementing key strategies and following priorities and objectives outlined by the National Oceanic and Atmospheric Administration's 2019 report entitled, `Hurricane Forecast Improvement Program'. "(2) In coordination with the Social and Behavioral Sciences Subcommittee of the National Science and Technology Council and other relevant interagency committees, improving the social, behavioral, and economic sciences related to risk communication, and delivery of information critical for reducing the loss of life or property related to hurricanes. "(3) Improving the physical sciences, operational modeling, and tools related to hurricane formation, the impacts of wind and water-based hurricane hazards on the built and natural environment, and the interaction of hurricanes and tornadoes. "(d) Warnings.--In carrying out subsection (a), the Under Secretary, in coordination with the program established under section 403(a) of the Weather Research and Forecasting Innovation Reauthorization Act of 2026, shall-- "(1) conduct and transition to operations the research necessary to develop and deploy probabilistic weather forecast guidance technology relating to hurricanes and related weather phenomena; "(2) incorporate into hurricane modeling and forecasting, as appropriate, social, behavioral, and economic sciences research; and "(3) expand computational resources to support and improve higher resolution operational modeling of hurricanes and related weather phenomena. "(e) Annual Report.--Not later than June 1 of each year until 2030, the Under Secretary, in consultation with the Secretary of Defense, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes the following: "(1) The number and causes of missed mission requirements for the National Hurricane Operations Plan and the National Winter Season Operations Plan, including those related to equipment malfunction, aircraft availability, aircraft maintenance, flight hour limits, and availability of pilots or other air and maintenance crew members. "(2) Requirements related to the plans described in paragraph (1) that were requested by forecasters but not tasked, and the reasons why those were not tasked. "(3) A workforce management plan addressing any shortfalls in human capital resources that are necessary for hurricane observational data collection aboard aircraft or uncrewed systems. "(4) A summary of-- "(A) hurricane technology that is under research and development to improve confidence in hurricane track and intensity predictions; "(B) hurricane technology that is at the prototype demonstration stage or beyond; and "(C) plans for transitioning the hurricane technology described in subparagraph (B) into operations. "(f) Annual Budget.--The Under Secretary shall submit to Congress, with the budget of the President submitted under section 1105 of title 31, United States Code, for a fiscal year, a proposed budget for activities to carry out this section in that fiscal year.". SEC. 105. TSUNAMI WARNING AND EDUCATION ACT REAUTHORIZATION. (a) Title Heading; Definitions.-- (1) Title heading.--The Tsunami Warning and Education Act (enacted as title VIII of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (Public Law 109-479)) is amended in the title heading for title VIII, by inserting ", RESEARCH," after "WARNING". (2) Definitions.--Section 802 of the Tsunami Warning and Education Act (33 U.S.C. 3201) is amended by adding at the end the following: "(3) The term `Indian Tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). "(4) The term `Native Hawaiian organization' has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517), except that the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. "(5) The term `Tribal organization' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act. "(6) The term `tsunami' means a series of waves that is caused by a tsunamigenic event. "(7) The term `tsunamigenic event' means any event, such as an earthquake, volcanic eruption, submarine landslide, coastal rockfall, or other event, with the magnitude to cause a tsunami.". (b) Purposes.--Section 803 of the Tsunami Warning and Education Act (33 U.S.C. 3202) is amended-- (1) in paragraph (2), by inserting "timeliness and" before "accuracy"; (2) in paragraph (7), by striking "and" after the semicolon; (3) by amending paragraph (8) to read as follows: "(8) to improve coordination for detection, warnings, and outreach for tsunami and other coastal impacts with Federal, State, and international partners, and Indian Tribes, Tribal organizations, and Native Hawaiian organizations; and"; (4) by adding at the end the following: "(9) to ensure data and metadata are managed, archived, and made available for operations, research, education, and mitigation activities in accordance with section 305 of the Weather Research and Forecasting Innovation Act of 2017.". (c) Tsunami Forecasting and Warning Program.--Section 804 of the Tsunami Warning and Education Act (33 U.S.C.

Text printed in the Record (11,989 characters)

3203) is amended-- (1) in subsection (a), by striking "the Pacific and Arctic Ocean regions and for the Atlantic Ocean region, including the Caribbean Sea and the Gulf of Mexico" and inserting "the United States and its territories"; (2) in subsection (b)-- (A) in paragraph (1), by striking "subsection (d)" and inserting "subsection (e)"; (B) in paragraph (2), by inserting ", or a successor system," after "buoy array"; (C) in paragraph (4), by inserting ", using industry and scientific best practices," after "operational condition"; (D) in paragraph (5)-- (i) in subparagraph (C), by striking "global seismic network" and inserting "Global Seismic Network"; (ii) by redesignating subparagraphs (D) through (F) and subparagraph (G) as subparagraphs (E) through (G) and subparagraph (I), respectively; (iii) by inserting after subparagraph (C) the following: "(D) the global navigation satellite system network;"; (iv) in subparagraph (G), as so redesignated, by striking "; and" and inserting a semicolon; and (v) by inserting after subparagraph (G), as so redesignated, the following: "(H) tidal gauges, water level gauges, and buoys; and"; (E) by amending paragraph (6) to read as follows: "(6) ensure data quality and management systems support data and metadata access and archiving;"; (F) in paragraph (7)-- (i) by amending the matter preceding subparagraph (A) to read as follows: "include a cooperative effort among the Administration, the United States Geological Survey, the National Aeronautics and Space Administration, and the National Science Foundation under which the Director of the United States Geological Survey, the Director of the National Science Foundation, and the Administrator of the National Aeronautics and Space Administration shall--"; (ii) in subparagraph (A), by striking "and" at the end; (iii) by amending subparagraph (B) to read as follows: "(B) support operators of seismic stations installed before the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026 that supplement coverage areas of sparse instrumentation, with a focus on the most seismically active States and on stations with multi-State benefits;"; and (iv) by adding at the end the following: "(C) provide support for the global navigation satellite system network data streams from such agencies, and supplement instrumentation coverage for rapid earthquake assessment; and "(D) assess the data and information of such agencies for potential use in the Administration's warning system;"; (G) by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; (H) by inserting after paragraph (7) the following: "(8) include a cooperative effort between the Administration and the United States Geological Survey to assess additional methods of rapid delivery for tsunami notifications and warnings, including via the Earthquake Early Warning System of the United States Geological Survey;"; (I) in paragraph (9), as so redesignated-- (i) by striking "graphical warning products, to at-risk States, territories, and tsunami communities" and inserting "graphical warning products and decision support tools, to communities at risk of tsunami"; and (ii) by striking "utilization" and inserting "use"; (J) in paragraph (10), as so redesignated, by striking "and" after the semicolon; (K) in paragraph (11), as so redesignated, by striking the period and inserting "; and"; and (L) by adding at the end the following: "(12) update inundation maps, models, or other geographic products, in order to best support, as appropriate, relevant agencies with tsunami mitigation and recovery activities."; (3) in subsection (c)-- (A) by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (B) by amending paragraph (1), as so redesignated, to read as follows: "(1) is capable of forecasting and providing adequate warnings, including tsunami arrival time, alert levels, and inundation models where applicable, for the United States and its territories; and"; (4) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; (5) by inserting after subsection (c) the following: "(d) Tsunami Warning Alert Level Evaluation.--Not later than 1 year after the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026, the Administrator, in collaboration with social scientists, Federal, State, and local emergency personnel, Indian Tribes, Tribal organizations, Native Hawaiian organizations, and high-risk communities, shall-- "(1) evaluate tsunami alert levels terminology, timing, and effectiveness; "(2) determine if such alerts produce the desired response and understanding from possible tsunami-prone communities; "(3) if necessary, update the alert level system for increased effectiveness; and "(4) provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the activities under this subsection."; (6) in subsection (e), as so redesignated-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking "Centers shall" and inserting "centers shall"; (ii) in subparagraph (A), by striking ", which is primarily responsible for Alaska and the continental United States"; and (iii) in subparagraph (B), by striking ", which is primarily responsible for Hawaii, the Caribbean, and other areas of the Pacific not covered by the National Center"; (B) in paragraph (2)-- (i) in subparagraph (A), by inserting "current, surface and ground water level," after "sea level,"; (ii) by amending subparagraph (B) to read as follows: "(B) Evaluating tsunamigenic sources."; (iii) in subparagraph (C), by striking "buoy data and tidal" and inserting "and coastal"; (iv) in subparagraph (E), by striking "Integrated Ocean Observing System of the Administration" and inserting "United States and global ocean and coastal observing systems"; (v) in subparagraph (F), by striking "Federal, State, tribal, and local government officials" and inserting "Federal, State, and local government officials, Indian Tribes, Tribal organizations, Native Hawaiian organizations,"; (vi) by redesignating subparagraphs (G) and (H) and subparagraphs (I) and (J) as subparagraphs (H) and (I) and subparagraphs (K) and (L), respectively; (vii) by inserting after subparagraph (F) the following: "(G) Providing a Tsunami Warning Coordinator at each center supported or maintained under paragraph (1) to coordinate with partners and stakeholders on products and services provided by each such center."; (viii) in subparagraph (I), as so redesignated, by inserting "monitoring needs," after "response,"; (ix) by inserting after subparagraph (I), as so redesignated, the following: "(J) Updating, as appropriate, forecast points, breakpoints, and special procedure areas."; and (x) by adding at the end the following: "(M) Conducting, not less than annually, a tsunami warning drill with Federal, State, and local emergency managers, and emergency managers of Indian Tribes, Tribal organizations, and Native Hawaiian organizations."; (C) by amending paragraph (3) to read as follows: "(3) Fail-safe warning capability.-- "(A) In general.--The Administrator shall support and maintain fail-safe warning capability for the tsunami warning centers supported or maintained under paragraph (1). "(B) Service back-up drills.--Not less than biannually, such centers shall conduct a service back-up drill to ensure they are able to perform back-up duties for each other."; (D) in paragraph (4)-- (i) by amending the matter preceding subparagraph (A) to read as follows: "The Administrator shall coordinate with the weather forecast offices of the National Weather Service, the centers supported or maintained under paragraph (1), and such national and regional program offices of the Administration as the Administrator or the coordinating committee, as established in section 805(b), consider appropriate to ensure that regional and local weather forecast offices--"; (ii) in subparagraph (B), by striking "and" after the semicolon; (iii) in subparagraph (C), by striking the period and inserting "; and"; and (iv) by adding at the end the following: "(D) conduct education and outreach efforts to help prepare coastal communities for tsunami hazards."; (E) in paragraph (5)-- (i) in the paragraph heading, by striking "Uniform" and inserting "Standardized"; (ii) in subparagraph (B), by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and adjusting the margins accordingly; (iii) in subparagraph (C), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (iv) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and adjusting the margins accordingly; (v) by striking "The Administrator" and inserting the following: "(A) In general.--The Administrator"; (vi) in clause (i), as so redesignated, by striking "uniform" and inserting "standardized"; (vii) in clause (iii)(II), as so redesignated, by striking "uniform" and inserting "standardized"; (viii) in clause (iv), as so redesignated, by striking "; and" and inserting a semicolon; (ix) in clause (v), as so redesignated, by striking the period and inserting "; and"; (x) by adding after clause (v), as so redesignated, the following: "(vi) align the analytic techniques and methodologies of the existing tsunami warning centers supported or maintained under paragraph (1) to ensure continuity of operations and mitigate risk of operational failure by prioritizing investments that include-- "(I) replacing end of life equipment; "(II) ensuring product consistency; "(III) enabling consistent operational process for backup capabilities; "(IV) mitigating existing operational security risks; and "(V) meeting information security requirements specified in chapter 35 of title 44, United States Code."; and (xi) by adding at the end the following: "(B) Regional differences.--Notwithstanding subparagraph (A), the Administrator shall allow for regional differences with respect to the communication methods and decision support tools used by the centers supported or maintained under paragraph (1) in order to account for the unique needs of the community served by such centers, provided such regional differences do not undermine performance."; (F) in paragraph (6), in the first sentence, by inserting ", including personnel," after "resources"; and (G) by adding at the end the following: "(7) Reporting.--Not later than 180 days after the date of the enactment of this paragraph and annually thereafter for 3 years, the Administrator shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the progress and expected timelines of the following: "(A) Standardizing products and procedures under paragraph (5), including tsunami assessments, forecast guidance, and related products. "(B) Migrating the message generation systems of the centers supported or maintained under paragraph (1) to the Advanced Weather Interactive Processing System, or successor systems. "(C) Any structural reorganization efforts as may be necessary following the enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026. "(D) Such centers conducting drills required under paragraphs (2)(M) and (3)(B)."; (7) in subsection (f), as so redesignated-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting "detect, measure, and" after "used to"; (ii) in subparagraph (B), by striking "; and" and inserting a semicolon; (iii) in

Text printed in the Record (11,607 characters)

subparagraph (C)-- (I) by striking "and the Advanced National Seismic System;" and inserting "the Advanced National Seismic System, and the global navigation satellite system;"; and (II) by adding "and" after the semicolon; and (iv) by adding at the end the following: "(D) by ensuring research is coordinated with tsunami warning operations;"; and (8) in subsection (h)(2), as so redesignated-- (A) in subparagraph (A), by striking "accuracy of the tsunami model used" and inserting "accuracy and timeliness of the tsunami model and forecast used"; and (B) in subparagraph (C)-- (i) by inserting "and timeliness" after "effectiveness"; and (ii) by striking "local, and tribal partners" and inserting "and local partners, Indian Tribes, Tribal organizations, and Native Hawaiian organizations". (d) Assessment of Tsunami Watches and Warnings.-- (1) In general.--The Tsunami Warning and Education Act (enacted as title VIII of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (Public Law 109-479)) is amended by inserting after section 804 (33 U.S.C. 3203) the following: "SEC. 804A. ASSESSMENT OF TSUNAMI WATCHES AND WARNINGS. "(a) Assessment of Tsunami Watches and Warnings.-- "(1) In general.--Not later than 2 years after the date of the enactment of this section, the Under Secretary shall-- "(A) conduct an assessment of-- "(i) the tsunami watches and warnings of the National Weather Service; and "(ii) the information delivery to support preparation and responses to tsunamis; and "(B) submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the Under Secretary with respect to the assessment required by subparagraph (A). "(2) Elements.--The assessment required by paragraph (1)(A) shall include the following: "(A) An evaluation of whether the watches, warnings, and information described in paragraph (1)(A) effectively-- "(i) communicate risk to the general public; "(ii) inform action to prevent loss of life and property; "(iii) inform action to support tsunami preparation and response; and "(iv) deliver information in a manner designed to lead to appropriate action. "(B) Subject to subsection (b)(2), such recommendations as the Under Secretary may have for-- "(i) legislative and administrative action to improve the watches and warnings described in paragraph (1)(A)(i); and "(ii) such research as the Under Secretary considers necessary to address the focus areas described in paragraph (3). "(3) Focus areas.--The assessment required by paragraph (1)(A) shall focus on the following areas: "(A) Ways to communicate the risks posed by hazardous tsunami events to the public that are most likely to result in informed decision making regarding the mitigation of those risks. "(B) Ways to provide actionable geographic information to the recipient of a watch or warning for tsunami, including partnering with emergency response agencies, as appropriate. "(C) Evaluation of information delivery to support the preparation for and response to tsunamis. "(4) Consultation.--In conducting the assessment required by paragraph (1)(A), the Under Secretary shall consult with-- "(A) individuals in the academic sector, including individuals in the fields of social and behavioral sciences; "(B) other weather services; "(C) media outlets and other entities that distribute the watches and warnings described in paragraph (1)(A)(i); "(D) emergency planners and responders, including State, local, and Tribal emergency management agencies; and "(E) other government users of the watches and warnings described in paragraph (1)(A)(i), including the Federal Highway Administration. "(5) Methodologies.--In conducting the assessment required by paragraph (1)(A), the Under Secretary shall use such methodologies as the Under Secretary considers are generally accepted by the weather enterprise, including methodologies of the fields of social and behavioral sciences. "(b) Improvements to Tsunami Watches and Warnings.-- "(1) In general.--Based on the assessment required by subsection (a)(1)(A), the Under Secretary shall make such improvements to the watches and warnings described in that subsection as the Under Secretary considers necessary-- "(A) to improve the communication of the risks posed by tsunami events; and "(B) to provide specific and actionable geographic information to the recipient of a watch or warning for a tsunami. "(2) Requirements regarding recommendations.--In conducting the assessment required by subsection (a)(1)(A), the Under Secretary shall ensure that any recommendation under subsection (a)(2)(B) that the Under Secretary considers a major change-- "(A) is validated by social and behavioral science using a generalizable sample; "(B) accounts for the needs of various demographics, vulnerable populations, and geographic regions; "(C) responds to the needs of Federal, State, local, and Tribal government partners and media partners; and "(D) accounts for necessary changes to federally operated watch and warning propagation and dissemination infrastructure and protocols.". (2) Clerical amendment.--The table of contents for the Tsunami Warning and Education Act (enacted as title VIII of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (Public Law 109-479)) is amended by inserting after the item relating to section 804 the following: "Sec. 804A. Assessment of tsunami watches and warnings.". (e) National Tsunami Hazard Mitigation Program.--Section 805 of the Tsunami Warning and Education Act (33 U.S.C. 3204) is amended--(1) in subsection (b)--(A) in the matter preceding paragraph (1)--(i) by inserting "and maintain" after "establish" each place it appears; and (ii) by striking "Federal, State, local, and tribal government officials" and inserting "Federal, State, local, and Tribal government officials and representatives of Native Hawaiian organizations"; and (B) in paragraph (3), by inserting before the semicolon ", such as vertical evacuation structures, sirens, and other potentially life-saving measures to ensure that communities designated as TsunamiReady have sufficient tsunami response options"; (2) in subsection (c)--(A) in paragraph (1), by striking "tribes," and inserting "Indian Tribes, Tribal organizations, Native Hawaiian organizations,"; (B) in paragraph (4), by striking "tribal, and local governments" and inserting "and local governments, Indian Tribes, Tribal organizations, Native Hawaiian organizations,"; (C) in paragraph (5)--(i) in subparagraph (A), by striking "in the region, including paleotsunami data" and inserting "and tsunamigenic events in the region"; (ii) by redesignating subparagraph (B) and subparagraphs (C) through (G) as subparagraph (C) and subparagraphs (E) through (I), respectively; (iii) by inserting after subparagraph (A) the following: "(B) Coastal digital elevation models to support the development of inundation maps."; (iv) by inserting after subparagraph (C), as so redesignated, the following: "(D) Probabilistic tsunami hazard analysis maps."; and (v) by adding at the end the following: "(J) Evaluation of the variation of inundation impact resulting from tsunami-driven sediment transport. "(K) Evaluation of tsunami debris impact on critical infrastructure (as such term is defined in subsection (e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c)) and lifelines. "(L) High-resolution and high-quality digital elevation models needed for at-risk waterways, ports, and harbors, particularly for regions with outdated or low-quality data, not covered by existing inundation maps, or identified as a priority by the Administrator."; (D) in paragraph (7)--(i) in subparagraph (C), by inserting "and behavioral" after "social"; and (ii) by adding at the end the following: "(E) The development and regular maintenance of a user-friendly repository of inundation and evacuation maps and evacuation mapping guidelines for States, local governments, Indian Tribes, Tribal organizations, and Native Hawaiian organizations on the website of the program conducted under subsection (a). "(F) Coordination with tsunami-prone, rural communities to enhance emergency planning and response efforts, including through the TsunamiReady program."; and (E) in paragraph (8)(A)--(i) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (ii) by inserting after clause (i) the following: "(ii) tsunami source parameters;"; (3) in subsection (d)--(A) in paragraph (3), by striking "tribal" and inserting "Tribal"; and (B) in paragraph (6), by striking "tribal, and territorial governments and agencies," and inserting "and territorial governments and agencies, Indian Tribes, Tribal organizations, Native Hawaiian organizations,"; and (4) in subsection (e), by striking "tribes," and inserting "Indian Tribes, Tribal organizations, Native Hawaiian organizations,". (f) Tsunami Research Program.--Section 806 of the Tsunami Warning and Education Act (33 U.S.C. 3205) is amended--(1) in subsection (a)--(A) by striking "State, tribal, and territorial governments, and academic institutions" and inserting "State and territorial governments, Indian Tribes, Tribal organizations, Native Hawaiian organizations, and academic institutions (including Tribal Colleges or Universities)"; (B) by striking "section 805(d)" and inserting "section 805(b)"; and (C) by inserting "and management" after "data collection"; (2) in subsection (b)--(A) in paragraph (1), by inserting "deployment and" after "may include"; (B) in paragraph (3), by striking "social science research" and inserting "social and behavioral science research"; (C) in paragraph (4), by striking "and" after the semicolon; (D) by redesignating paragraph (5) as paragraph (7); and (E) by inserting after paragraph (4) the following: "(5) develop and maintain a data portal for advancing research and model development; "(6) develop decision support tools; and"; and (3) by adding at the end the following: "(c) Research and Development Plan.--Not later than 1 year after the date of enactment of this subsection, and not less frequently than every 3 years thereafter until 2036, the Administrator, in consultation with the Interagency Council for Advancing Meteorological Services, shall develop a research and development and research to operations plan to improve tsunami detection and forecasting capabilities that--"(1) identifies and prioritizes research and development priorities to satisfy section 804; "(2) identifies key research needs for better detecting and forecasting tsunamis impacting the United States and its territories; "(3) develops plans for transitioning research to operations; and "(4) identifies collaboration opportunities that may advance and align tsunami research, development, warnings, and operations between the centers supported or maintained under section 804, the National Tsunami Hazard Mitigation Program, the National Oceanic and Atmospheric Administration Center for Tsunami Research, the National Science Foundation, the United States Geological Survey, the Federal Emergency Management Agency, State and local governments, Indian Tribes, Tribal organizations, Native Hawaiian organizations, institutions of higher education, private entities and other appropriate stakeholders.". (g) Global Tsunami Warning and Mitigation Network.--Section 807 of the Tsunami Warning and Education Act (33 U.S.C.

Text printed in the Record (11,925 characters)

3206) is amended--(1) in subsection (b)--(A) in the matter preceding paragraph (1), by striking "Pacific Ocean nations participating in the International Tsunami Warning System of the Pacific," and inserting "Pacific Ocean and Caribbean Sea nations participating in the International Tsunami Warning and Mitigation System,"; (B) in paragraph (2), by striking "national warning systems, and make information" and inserting ", maintaining, and strengthening the capacities of their national warning systems, by making information"; (C) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (D) by inserting after paragraph (2) the following: "(3) provide decision support services and improve preparedness and tsunami readiness through exercises and drills, outreach, training, and capacity development of national tsunami warning centers and disaster and emergency management agencies;"; (E) in paragraph (4), as so redesignated--(i) by striking "maintain a library of materials" and inserting "serve as an information source"; and (ii) by striking "tsunami in general" and inserting "tsunamis and tsunami hazard-related risks to the public"; and (F) in paragraph (5), as so redesignated, by inserting ", tools," after "materials"; and (2) in subsection (d), by inserting "and management" after "data sharing". (h) Tsunami Science and Technology Advisory Panel.--Section 808 of the Tsunami Warning and Education Act (33 U.S.C. 3206a) is amended-- (1) in subsection (b)(1), by inserting "and behavioral" after "social"; and (2) by adding at the end the following: "(e) Sunset.--The Panel shall terminate not later than 6 years after the date of the enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026.". (i) Annual Notifications; Government-to-government Consultation With Indian Tribes.-- (1) In general.--The Tsunami Warning and Education Act (33 U.S.C. 3201 et seq.) is amended-- (A) by redesignating section 809 as section 811; and (B) by inserting after section 808 the following: "SEC. 809. ANNUAL NOTIFICATIONS. "Not later than September 30 of each fiscal year until fiscal year 2031, the Administrator shall provide the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Appropriations of the Senate a notification with an accounting of funds spent in such fiscal year for the programs authorized under this title, that includes-- "(1) the amount of funds allocated for the tsunami hazard mitigation program under section 805; and "(2) the amount of funds allocated for the tsunami research program under section 806. "SEC. 810. GOVERNMENT-TO-GOVERNMENT CONSULTATION WITH INDIAN TRIBES. "The Administrator shall conduct government-to-government consultation with Indian Tribes in implementing this title.". (2) Table of contents amendment.--The table of contents in section 1(b) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (Public Law 109-479; 120 Stat. 3575) is amended by striking the item relating to section 809 and inserting the following: "Sec. 809. Annual notifications. "Sec. 810. Government-to-government consultation with Indian Tribes. "Sec. 811. Authorization of appropriations.". (j) Authorization of Appropriations.--Section 811 of the Tsunami Warning and Education Act, as so redesignated, is amended to read as follows: "SEC. 811. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to the Administrator to carry out this title $30,000,000 for each of fiscal years 2027 through 2031, of which-- "(1) not less than 27 percent of the amount appropriated for each fiscal year shall be for activities conducted at the State level under the national tsunami hazard mitigation program under section 805; and "(2) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 806.". (k) Use of IPAWS to Deliver Tsunami Alerts.-- (1) In general.--The Administrator, in consultation with the Administrator of the Federal Emergency Management Agency and the Federal Communications Commission, shall clarify and document the responsibilities and decision-making processes of the Administration, the Federal Emergency Management Agency, and the Federal Communications Commission with respect to the use of the Integrated Public Alert and Warning System to deliver tsunami alerts to the Emergency Alert System and the Wireless Emergency Alerts system. (2) Memorandum of understanding.--Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (A) update its memorandum of understanding with the Federal Emergency Management Agency and the Federal Communications Commission to reflect the responsibilities and processes clarified under paragraph (1); and (B) provide the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with a copy of such updated memorandum of understanding. (l) Outreach Responsibilities.--Section 511 of the Weather Research and Forecasting Innovation Act of 2017 (33 U.S.C. 3208) is amended-- (1) in the matter preceding paragraph (1), by inserting "and Indian Tribes, Tribal organizations, and Native Hawaiian organizations (for purposes of this section, as such terms are defined in section 802 of the Tsunami Warning and Education Act (33 U.S.C. 3201))" after "managers"; (2) in paragraph (1), by striking "804(d)" and inserting "804(e)"; and (3) in paragraph (1), by striking "and emergency managers" and inserting ", emergency managers, Indian Tribes, Tribal organizations, and Native Hawaiian organizations". (m) Report on Certain Tsunami Threats.-- (1) Definitions.-- In this subsection: (A) Covered event.--The term "covered event" means a tsunami or combined earthquake and tsunami event that impacts the United States. (B) Critical infrastructure.--The term "critical infrastructure" has the meaning given such term in subsection (e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c). (2) Report.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the entities described in paragraph (3), shall produce a report on how the United States should prepare for, mitigate against, respond to, and recover from each of the following types of covered events: (i) A covered event in the Cascadia Subduction Zone. (ii) A covered event that impacts Alaska, including in the Alaska-Aleutian Subduction Zone. (iii) A covered event in the Kuril-Kamchatka Subduction Zone. (B) Requirements.--The report under this paragraph shall, with respect to each type of covered event described in subparagraph (A), include each of the following: (i) A description of a command structure plan, including the roles of Federal departments and agencies, State and local governments, Indian Tribes, Tribal organizations, and Native Hawaiian organizations during and following the covered event. (ii) A description of how Federal departments and agencies can improve coordination to enhance the ability to prepare and plan for, mitigate against, provide warning of, respond to, and recover from the covered event. (iii) A strategy to ensure collaboration between relevant Federal departments and agencies for purposes of-- (I) completing a risk assessment of Federal facilities to identify such facilities that may need improvements to withstand the covered event; and (II) developing a strategic plan to-- (aa) support mitigation efforts for and retrofitting of Federal, State, local, and Tribal critical infrastructure; and (bb) help save lives during and immediately after the covered event. (iv) A strategy to improve Federal guidance and assistance to State and local governments, Indian Tribes, Tribal organizations, and Native Hawaiian organizations in developing and implementing comprehensive plans to develop the ability to prepare and plan for, mitigate against, provide warning of, respond to, and recover from the covered event. (v) If the covered event is large scale, an interagency search and rescue strategy for such covered event, which strategy shall include-- (I) a command structure plan, including the roles of Federal departments and agencies, State and local governments, Indian Tribes, Tribal organizations, and Native Hawaiian organizations if such command structure would differ from the structure under clause (i); (II) the sources of personnel and assets that can be utilized to support search and rescue efforts; (III) an estimation of the required personnel and assets and an identification of any gaps in personnel and assets; and (IV) an identification of and a strategy to address the vulnerabilities of existing infrastructure that will be necessary for search and rescue efforts. (vi) A strategy for addressing the impacts of the covered event to critical infrastructure, including the responsibilities of Federal departments and agencies, State and local governments, Indian Tribes, Tribal organizations, Native Hawaiian organizations, and private entities. (vii) Recommendations on how Federal departments and agencies can develop a mitigation strategy, including providing financial assistance to State, local, and Tribal operators, for any infrastructure that provides information to support or issue warnings for the covered event. (viii) Recommendations on administrative or legislative changes required to implement the report for the covered event. (C) Public availability.--Not later than 1 month after completing the report under this paragraph, the Comptroller General shall make such report available to the public. (3) Entities described.--The entities described in this paragraph are-- (A) the Administration, the Federal Emergency Management Agency, the United States Geological Survey, the National Guard Bureau, the Coast Guard, the United States Transportation Command, the Department of Transportation, and other Federal departments and agencies as determined appropriate by the Comptroller General; (B) the States of Alaska, California, Hawaii, Oregon, and Washington; (C) the territories of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands; (D) Indian Tribes, Tribal organizations, and Native Hawaiian organizations; (E) local governments; (F) institutions of higher education and other research institutions with relevant expertise; and (G) private sector representatives that may be impacted by the applicable type of covered event described in paragraph (2)(A). (4) Strategy.--Not later than 1 year after the completion of the report required under paragraph (2), the Administration and the Federal Emergency Management Agency shall, in consultation with the National Guard Bureau, the Coast Guard, the United States Transportation Command, the United States Geological Survey, the Department of Transportation, and other Federal departments and agencies as determined appropriate, provide the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written strategy and briefing on how the relevant Federal departments and agencies will implement such report within their respective statutory authorities for each type of covered event described in paragraph (2)(A). (n) Definitions.--In this section, the terms "Administration", "Administrator", "Indian Tribe", "Native Hawaiian organization", "Tribal organization", and "tsunami" have the meanings given such terms in section 802 of the Tsunami Warning and Education Act (33 U.S.C. 3201). SEC. 106.

Text printed in the Record (11,042 characters)

OBSERVING SYSTEM PLANNING. Section 106 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8516) is amended-- (1) in paragraph (3)-- (A) by inserting "Federal" before "observing capabilities"; and (B) by striking "and" after the semicolon; (2) in paragraph (4)-- (A) by inserting ", including private sector partnerships or commercial acquisition," after "options"; and (B) by striking the period and inserting a semicolon; and (3) by adding at the end the following: "(5) compare costs and schedule, including cost-benefit analysis, of Federal and private sector supplemental options to fill the observation data requirements under paragraph (1) and gaps identified pursuant to paragraph (3); and "(6) not later than 1 year after the date of the enactment of this paragraph, submit to Congress a report that provides an analysis of the technical requirements, schedule, and cost to place an operational polar-orbiting environmental satellite capability in the early morning orbit to support the weather enterprise and the mission of the National Oceanic and Atmospheric Administration and a cost-benefit analysis of such placement.". SEC. 107. OBSERVING SYSTEM SIMULATION EXPERIMENTS. Section 107 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8517) is amended-- (1) in subsection (b)(3), by striking "providing data" and inserting "comparison to current or experimental commercial system capabilities that provide data"; (2) in subsection (c)(1), by striking ", including polar-orbiting and geostationary satellite systems,"; (3) by striking subsection (d); and (4) by redesignating subsection (e) as subsection (d). SEC. 108. COMPUTING RESOURCES PRIORITIZATION. (a) Computing Research Initiative.--Section 108 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8518) is amended by striking subsection (a)(3)(C) and all that follows through subsection (b)(7) and inserting the following: "(b) Artificial Intelligence Investments.-- "(1) In general.--The Under Secretary shall leverage artificial intelligence and machine learning technologies to facilitate, optimize, and further leverage advanced computing to accomplish critical missions of the National Oceanic and Atmospheric Administration. "(2) Acquisition of systems.--The Under Secretary shall include computing requirements needed to support technologies specified in paragraph (1) as part of major acquisitions of high-performance computing systems or cloud computing services for research, testing and evaluation, and operations. "(c) Centers of Excellence.-- "(1) In general.--The Under Secretary may expand, and where applicable establish through a competitive, merit-reviewed process, centers of excellence to aid the adoption of next-generation artificial intelligence and machine learning-enabled advanced computing capabilities. "(2) Activities.--Each center expanded or established under paragraph (1) may carry out activities that include the following: "(A) Leveraging public-private partnerships for infrastructure development training and workforce development. "(B) Developing and optimizing tools, libraries, algorithms, data structures, and other supporting software necessary for specific applications on high-performance computing systems. "(C) Applying modern artificial intelligence, deep machine learning, and advanced data analysis technologies to address current and emerging challenges. "(D) To the maximum extent practicable, exploring quantum computing and related partnerships with public, private, and academic entities to improve the accuracy and resolution of weather predictions. "(d) Coordination.--In carrying out activities under this section, the Under Secretary shall prevent unnecessary duplication and coordinate research efforts across the National Oceanic and Atmospheric Administration, and leverage coordinating activities managed by the National Science and Technology Council, the Interagency Council for Advancing Meteorological Services, and other relevant interagency entities. "(e) Research Security.--The activities authorized under this section shall be applied in a manner consistent with subtitle D of title VI of the Research and Development, Competition, and Innovation Act (enacted as division B of Public Law 117-167; 42 U.S.C. 19231 et seq.).". (b) Strategic Plan on High-Performance Computing and Data Management Needs.-- (1) In general.--The Under Secretary shall make publicly available not later than 1 year after the date of enactment of this Act, and update every 5 years thereafter until 2037, a 5-year strategic plan that outlines the high-performance computing and data management requirements and needs of the National Oceanic and Atmospheric Administration and actions and strategies to address those requirements and needs. (2) Plan elements.--At a minimum, the strategic plan required by paragraph (1) shall include the following: (A) A 5-year prospective outlook of computing resources and upgrades needed to meet the mission needs of the National Oceanic and Atmospheric Administration for fisheries management, oceanographic forecasting, and ecological forecasting. (B) An identification of-- (i) computing and processing resources of the Administration and a 5-year projected need for such resources, disaggregated by line office of the Administration; (ii) facilities, commercial contracts, and partnerships (with other Federal departments and agencies or other institutions or entities) of the Administration that are providing computing and data management support or capacity as of the date of the plan; (iii) the use by the Administration of cloud computing and other emerging technologies, such as artificial intelligence and machine learning; (iv) additional technologies that have the potential to increase effectiveness and efficiency for data storage and processing power, including challenges to access and use of those technologies; (v) the distribution of computing resources among the operations and research functions of the Administration; (vi) products and services of the Administration that have not become available to the public because of a lack of computing resources; (vii) current and future workforce development needs of the Administration, such as information technology and software engineering needs; and (viii) the high-performance computing requirements of the Administration, with a special focus on requirements that are common across line offices of the Administration. (C) Timelines and performance measures for assessing progress toward attaining goals for-- (i) computing infrastructure and architecture of the Administration (including facilities, hardware, and software); and (ii) use by the Administration of technologies that will increase effectiveness and efficiency for data storage and processing power, including challenges to access and use of such technologies. (D) A 5-year life cycle analysis of the management of facilities, hardware, and engineering involved in the strategic plan that includes-- (i) program formulation for project conception, implementation, and closure; and (ii) technical infrastructure, products, processes, data, and personnel resources required to achieve defined cost, schedule, and performance objectives. (E) If appropriate, a description of actions taken to implement the previous plan. (3) Public involvement.--In developing the strategic plan required by paragraph (1), the Under Secretary shall invite comments and other feedback from the public through a notice in the Federal Register to inform the strategic plan. (4) Annual briefings.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter until 2035, the Under Secretary shall brief Congress on the progress made toward the objectives of the strategic plan required by paragraph (1). (B) Elements.--Each briefing required by subparagraph (A) shall include the following: (i) An evaluation of the progress made in implementing the strategic plan. (ii) Such updates to the strategic plan as the Under Secretary considers appropriate. SEC. 109. EARTH PREDICTION INNOVATION CENTER. Section 102(b)(5) of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8512(b)(5)) is amended-- (1) in subparagraph (D), by striking "and" after the semicolon; and (2) by striking subparagraph (E) and inserting the following: "(E) developing community weather research modeling systems that-- "(i) are accessible by the public in accordance with section 10601 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (15 U.S.C. 8512a) and available for archive and long-term study; "(ii) meet basic end-user requirements for running on public computers and networks located outside of secure National Oceanic and Atmospheric Administration information and technology systems; "(iii) utilize, whenever appropriate and cost effective, innovative strategies and methods, including cloud-based computing capabilities, for hosting and management of part or all of the systems described in this subparagraph; "(iv) utilize modeling systems that allow for interoperability with new model components, modules, and next-generation software and coding languages; "(v) allow for open testing and integration of promising operational model improvements from the broader community; "(vi) access on as close to a real-time basis as possible operational data and metadata, including commercially purchased data for use in the model testing conducted by the Earth Prediction Innovation Center pursuant to redistribution restrictions, licensing agreements, and applicable laws (including regulations) that were in effect on the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026; and "(vii) provide supported and portable versions of the unified forecast system, including applications for fire weather, subseasonal to seasonal forecasting, hurricane, space weather, ocean, cryosphere, air quality, and coastal models, that can reproduce current operational global and regional model prediction; and "(F) establishing a National Oceanic and Atmospheric Administration Data Lake, to be maintained by the Administration, a commercial partner, or non-profit entity, that consolidates and maintains a publicly available and continuously updated collection of data and metadata used in numerical weather prediction for use in the Earth Prediction Innovation Center's model testing, pursuant to redistribution restrictions, licensing agreements, and applicable laws (including regulations) that were in effect on the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026.". SEC. 110. SATELLITE ARCHITECTURE PLANNING. (a) National Oceanic and Atmospheric Administration Satellite Systems and Data.--Section 301 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C.

Text printed in the Record (11,267 characters)

8531) is amended-- (1) in subsection (a), by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (2) by amending subsection (b) to read as follows: "(b) National Oceanic and Atmospheric Administration Satellite Systems and Data.-- "(1) Sense of congress.--It is the sense of Congress that-- "(A) Congress reaffirms the prohibition barring any effort to lease, sell, or transfer to the private sector or commercialize any portion of the weather satellite systems operated by the Department of Commerce, or any successor agency, as set forth in section 60161 of title 51, United States Code; and "(B) the National Oceanic and Atmospheric Administration should implement a robust satellite architecture designed with the goal of ensuring that at least 2 failures of space-based operational systems would be required before a data gap occurs. "(2) In general.--The Under Secretary shall acquire and maintain space-based observation capabilities of the Administration that provide critical operations-focused data and information to support the mission of the Administration in order to protect lives and property and safeguard the economy of the United States. "(3) Operations.-- "(A) In general.--In carrying out paragraph (2), the Under Secretary shall ensure government capacity for satellite command and control and data transmission and processing. "(B) Rule of construction.--This paragraph shall not be construed to limit the Under Secretary from using contractor-operated functions, commercial services, or other nongovernmental capabilities for satellite command and control and data transmission and processing. "(4) Collaboration.-- "(A) In general.--The Under Secretary shall ensure continuity of space-based observations and implement, as appropriate, recommendations from the NOAA Observing Systems Council, or a successor entity, to ensure an appropriate mix of government, academic, commercial sector, and international partnerships, including a broadened effort on data acquisition through the Commercial Data Program under section 302 when cost effective and beneficial to the Administration. "(B) Report to congress.-- "(i) In general.--Not later than 1 year after the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026, the Under Secretary shall study and report to Congress on varying acquisition models, including government-owned assets, contractor operated functions, and data-as-a-service models, for future space-based observing capabilities. "(ii) Contents of report.--The report under clause (i) shall assess the relative costs, benefits, short- and long-term operational risks, resilience, and mission impacts of each model. "(5) Priority.--The Under Secretary shall ensure that platforms acquired and maintained under paragraph (2) prioritize the development of products and services that are tailored to meet the Administration's mission and have sufficient Federal personnel to manage and operate the platforms and associated infrastructure. "(6) Long term data archive.--The Under Secretary shall maintain the National Centers for Environmental Information, or a successor entity, to provide a long-term archive and access to the national and global data and metadata of the Administration.". (3) in subsection (c) by adding at the end the following: "(3) Geostationary extended observation.-- "(A) In general.--The Under Secretary shall develop and maintain geostationary extended observations with the next generation geostationary orbit satellite systems, known as GeoXO, that-- "(i) retain continuity of data collected from geostationary orbit, with data quality standards meeting or exceeding those of the GOES-R program; "(ii) advance core weather-monitoring capabilities, while ensuring imaging and sounding remain core instruments on all satellites to ensure full coverage of the continental United States; and "(iii) launch a first satellite not later than 2032. "(B) Mission architecture and implementation plan.-- "(i) In general.--Not later than 60 days after the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026, the Under Secretary shall submit to the appropriate committees of Congress a revised mission architecture and implementation plan, including component costs, costs associated with terminating or altering current mission architecture, and a planned launch schedule. "(ii) Appropriate committees of congress defined.--In this subparagraph, the term `appropriate committees of Congress' means-- "(I) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and "(II) the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives."; (4) in subsection (d)(3), by striking "2030" and inserting "2035"; and (5) by striking subsection (f) and inserting the following: "(f) Reports.-- "(1) In general.-- Not later than 90 days after September 30 of each fiscal year through September 30, 2035, the Under Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on-- "(A) the use of additional transaction authority by the National Oceanic and Atmospheric Administration during the previous fiscal year; and "(B) the partnership between the National Oceanic and Atmospheric Administration and the National Aeronautics and Space Administration for current and planned government-owned, space-based observing systems of the National Oceanic and Atmospheric Administration. "(2) Contents.--Each report shall include-- "(A) for each transaction agreement in effect during the fiscal year covered by the report-- "(i) an indication of whether the transaction agreement is a reimbursable, non-reimbursable, or funded agreement; "(ii) a description of-- "(I) the subject and terms; "(II) the parties; "(III) the responsible National Oceanic and Atmospheric Administration line office; "(IV) the value; "(V) the extent of the cost sharing among Federal Government and non-Federal sources; "(VI) the duration or schedule; and "(VII) all milestones; "(iii) an indication of whether the transaction agreement was renewed during the previous fiscal year; "(iv) the technology areas in which research projects were conducted under that agreement; "(v) the extent to which the use of that agreement-- "(I) has contributed to a broadening of the technology and industrial base available for meeting National Oceanic and Atmospheric Administration needs; and "(II) has fostered within the technology and industrial base new relationships and practices that support the United States; and "(vi) the total value received by the Federal Government under that agreement for that fiscal year; "(B) a list of all anticipated reimbursable, non-reimbursable, and funded transaction agreements for the upcoming fiscal year; and "(C) for the partnership between the National Oceanic and Atmospheric Administration and the National Aeronautics and Space Administration for current and planned government-owned, space-based observing systems of the National Oceanic and Atmospheric Administration-- "(i) a description of any actions taken or planned to reduce costs and improve the schedule performance and timely delivery of satellite observing systems; "(ii) a description of any new, renewed, or planned modifications to the management agreement with the National Aeronautics and Space Administration for the upcoming fiscal year; and "(iii) for each current or planned program, project, or activity carried out jointly with, or through, such partnership-- "(I) a description of the program, project, or activity and the respective roles and responsibilities of the National Oceanic and Atmospheric Administration and the National Aeronautics and Space Administration; "(II) the total amount of funds obligated or transferred by the National Oceanic and Atmospheric Administration to the National Aeronautics and Space Administration during the fiscal year covered by the report, separately identifying-- "(aa) amounts attributable to the direct costs of the program, project, or activity; and "(bb) administrative, management, institutional, overhead, and other indirect costs assessed by the National Aeronautics and Space Administration; "(III) the performance of the program, project, or activity against applicable cost, schedule, technical, and performance milestones; and "(iv) the goals and objectives for the partnership, such as-- "(I) improving the coordination between the two agencies; "(II) eliminating unnecessary duplication of activities; "(III) considering the transition of research observations and instrumentation to operations; and "(IV) ensuring the continuity of relevant satellite observations.". (b) Revision of Satellite Anomaly Notification Policy.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall, in consultation with the appropriate congressional committees, revise and submit to such committees the National Environmental Satellite, Data, and Information Service Satellite and Product Anomaly Reporting Policy to improve congressional notification regarding satellite operational anomalies, including-- (A) the permanent loss of critical mission data; (B) a reduction in the expected mission lifetime of a spacecraft or instrument; (C) a switchover to a backup system due to the permanent loss of a primary spacecraft or sensor system; and (D) any other issue that results in the loss of critical mission data for more than 24 hours. (2) Definitions.--In this subsection: (A) Appropriate congressional committees.--The term "appropriate congressional committees" means-- (i) the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives; and (ii) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. (B) Critical mission data.--The term "critical mission data" has the meaning given such term in the most recently published Satellite and Product Anomaly Reporting Policy of the National Environmental Satellite, Data, and Information Service as of the date of enactment of this Act. SEC. 111. IMPROVING UNCREWED ACTIVITIES. (a) In General.--Section 102(b)(3) of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8512(b)(3)) is amended-- (1) in subparagraph (B), by striking "aerial" and inserting "crewed and uncrewed aerial and surface"; and (2) in subparagraph (G), by striking ", including commercial observing systems" and inserting ", including stationary and mobile commercial observing systems, such as uncrewed aircraft and marine systems, to provide observations of the atmosphere and ocean, and other observations, in cooperation with the Office of Marine and Aviation Operations". (b) Use of Uncrewed Aerial Systems.--Section 102 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C.

Text printed in the Record (10,479 characters)

8512) is further amended-- (1) by striking subsection (d); (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: "(c) Use of Uncrewed Aerial Systems.-- "(1) In general.--In carrying out the program under this section, the Assistant Administrator for Oceanic and Atmospheric Research and the Assistant Administrator for the Office of Marine and Aviation Operations, whenever practical, shall use uncrewed aerial systems to assess damage and assist recovery after an extreme weather or water event. "(2) Authority.--In carrying out the program under this section, the Assistant Administrator for Oceanic and Atmospheric Research and the Assistant Administrator for the Office of Marine and Aviation Operations may acquire uncrewed aerial systems and training resources for the regional offices and partners of the National Oceanic and Atmospheric Administration for the use and deployment of those systems in storm assessments and response. "(3) Briefing.--Not later than 1 year after the date of the enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026, the Assistant Administrator for Oceanic and Atmospheric Research and the Assistant Administrator for the Office of Marine and Aviation Operations shall provide a briefing to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding compliance with subtitle B of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 in carrying out paragraph (1).". SEC. 112. INTERAGENCY COUNCIL FOR ADVANCING METEOROLOGICAL SERVICES. (a) In General.--Section 402 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8542) is amended-- (1) in subsection (a)-- (A) by striking "Interagency Committee for Advancing Weather Services" and inserting "Interagency Council for Advancing Meteorological Services (in this section referred to as the `Interagency Council')"; and (B) by striking "Committee" and inserting "Council"; (2) by amending subsections (b) and (c) to read as follows: "(b) Co-Chairs; Federal Coordinator.--The Director of the Office of Science and Technology Policy and the Under Secretary shall serve as co-chairs of the Interagency Council. The Under Secretary shall serve as the Federal Coordinator for Meteorology. "(c) Further Coordination.--The Director of the Office of Science and Technology Policy shall take such steps as are necessary to coordinate the activities of the Federal Government with stakeholders in the United States weather industry, academic partners, State governments, and emergency managers."; and (3) by adding at the end the following: "(d) Functions.--The Interagency Council shall be the formal mechanism by which all relevant Federal departments and agencies coordinate implementation of policy and practices to ensure United States global leadership in meteorological services. In doing so, the Interagency Council shall review programs and support relevant weather research and forecast innovation activities, as well as other related implementation activities, related to Federal meteorological services, including by carrying out the following: "(1) Identifying and helping prioritize meteorological research and service delivery needs, including relating to observations, operational systems, communications, and infrastructure. "(2) Providing recommendations to streamline or consolidate activities and develop greater efficiencies in cross-agency activities. "(3) Leveraging Earth system science research outcomes of the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, and other relevant Federal departments and agencies, including research outcomes related to the relevant recommended key science and applications questions and priorities in the National Academies of Sciences, Engineering, and Medicine's 2018 report `Thriving on Our Changing Planet: A Decadal Strategy for Earth Observation from Space', to understand and predict high-impact weather phenomena. "(4) Facilitating the expansion and strengthening of partnerships with private sector entities to advance meteorological research, communications, and computing, including by implementing mechanisms to encourage and enable the participation of non-Federal employees in the functions of the Interagency Council. "(5) Sharing information regarding meteorological research improvement needs and science opportunities across relevant Federal departments and agencies. "(6) Providing advice to all relevant Federal departments and agencies regarding potential collaborations and expected levels of resources needed to maintain and operate the Interagency Council. "(7) Enhancing communication and coordination and promoting sharing within relevant Federal departments and agencies and across the Interagency Council. "(8) Developing, recruiting, and sustaining a professional workforce for meteorological research and services. "(e) Data Inventory.--The Interagency Council, in coordination with, and avoiding duplication with the efforts of, the United States Group on Earth Observations, shall promote data and metadata access and archive activities to increase accessibility, interoperability, and reusability by maintaining a data inventory of meteorological observations. Not less frequently than once every 2 years for a period of 10 years beginning on the date of the enactment of this subsection, the Interagency Council shall solicit updated information from private sector entities identifying current and near future sources of such data. Such data shall be made available to participating agencies. "(f) Coordination Office.--The Interagency Meteorological Coordination Office shall provide to the Interagency Council such administrative and logistical support as the Interagency Council may require, as determined by the co-chairs. "(g) Cost Share.--Participating agencies of the Interagency Council specified under subsection (a) may provide reimbursable financial support to the Interagency Meteorological Coordination Office to enhance cost sharing and collaboration related to weather research and forecast innovation activities. "(h) Report.--Not later than 1 year after the date of the enactment of this subsection, and annually thereafter until 2030, the Interagency Council shall publish a report that identifies among participating agencies the following: "(1) Federal programs that use meteorological observations, data sources, and capabilities. "(2) Federal programs that acquire such observations, data, and capabilities from private sector entities. "(3) Advancements in meteorological data collection, assimilation, and forecasting that could improve Federal programmatic operational capabilities. "(4) Barriers to acquiring meteorological observations, data sources, and capabilities that could be used to better meet Federal programmatic needs.". (b) References.--Any reference to the Interagency Committee for Advancing Weather Services in any law, rule, regulation, paper, document, map, or other such record of the United States shall be deemed to be a reference to the Interagency Council for Advancing Meteorological Services. SEC. 113. OCEAN OBSERVATIONS. Section 12304(b) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(b)) is amended by adding at the end the following: "(5) Ships of opportunity pilot programs and projects.-- "(A) In general.--The Administrator, in coordination with the heads of relevant Federal departments and agencies, shall, subject to relevant regulations and certifications, maintain pilot programs or projects to contract with research or commercial ship operators for data collection and assess the potential costs, benefits, and viability of a network of ocean and atmospheric observing instruments operating on research or commercial ocean vessels, including in the Arctic, in order to supplement the Integrated Ocean Observation System in improving understanding of coastal and ocean systems and their relationships to human activities. "(B) Standards and specifications.--The Administrator shall ensure that data acquired through the pilot programs or projects established pursuant to subparagraph (A) meets the most recent standards and specifications required for observation services and data as published pursuant to section 302(e) of the Weather Research and Forecasting Innovation Act of 2017. "(C) Report.--Not later than 5 years after the date of the enactment of this paragraph, the Administrator, in consultation with the Secretary of Transportation, shall submit to Congress a report on the requirements for a global network of ocean and atmospheric instruments operating on research or commercial ocean vessels for measurement and data transmission. "(D) Briefing.--Not later than 1 year after the date of the enactment of this paragraph, the Under Secretary shall provide the Committee on Science, Space, and Technology and the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on ocean observation networks and programs, including with respect to the following: "(i) The status of the observational capabilities for weather forecasting, including any specific gaps in such capabilities. "(ii) The plans of the Under Secretary to address such gaps and otherwise improve, expand, and sustain such capabilities. "(iii) The cost analyses for such plans. "(iv) The status of and funding for current and any planned agreements that-- "(I) are between the Under Secretary and the head of another Federal department or agency; and "(II) are related to such ocean observation networks and programs. "(E) Limitation.--No funds authorized to be appropriated for the Integrated Ocean Observation System under this Act may be used to carry out this paragraph. "(F) Sunset.--This paragraph shall terminate 1 year after the date on which the report required under subparagraph (C) is submitted by the Administrator.". SEC. 114. CONSOLIDATION OF REPORTS. (a) Weather Research and Forecasting Innovation Act of 2017.-- (1) In general.--The Weather Research and Forecasting Innovation Act of 2017 is amended-- (A) by amending section 105 (15 U.S.C. 8515) to read as follows: "SEC. 105.

Text printed in the Record (10,083 characters)

WEATHER RESEARCH AND DEVELOPMENT PLANNING. "Not later than 2 years after the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026, and not less frequently than once every 2 years thereafter, the Under Secretary, acting through the Assistant Administrator for Oceanic and Atmospheric Research, and in coordination with the Director of the National Weather Service and the Assistant Administrator for Satellite and Information Services, shall issue a research and development and research to operations plan to maintain United States leadership in numerical weather prediction and forecasting that-- "(1) describes the forecasting skill and technology goals, technology transfer plan, objectives, expected budget, and progress of the National Oceanic and Atmospheric Administration in carrying out the program conducted under section 102; "(2) identifies and prioritizes specific research and development activities, data collection and analysis, predictive modeling, demonstration of potential operational forecast application, education, training, and performance metrics, weighted to meet the operational weather and flood-event mission of the National Weather Service to achieve a weather-ready Nation; "(3) describes how the program conducted under section 102 will collaborate with Federal departments and agencies, international partners, and stakeholders, including the United States weather industry and academic partners, and the role of each in advancing weather forecasting and communications; "(4) identifies, through consultation with the National Science Foundation, the United States weather industry, and academic partners, research necessary to advance the scientific understanding of weather processes and improve weather warning and forecast systems in the United States most effectively; "(5) describes the ongoing research projects of the United States Weather Research Program, including-- "(A) the goals of those projects; "(B) a description of those projects related to weather observations, short-term weather, or subseasonal forecasts within the Office of Oceanic and Atmospheric Research that are closest to operationalization; and "(C) a description of the research that has been transitioned into operations, including research at the fire weather testbed established under section 703(a) of the Weather Research and Forecasting Innovation Reauthorization Act of 2026; and "(6) describes how the National Oceanic and Atmospheric Administration is advancing community weather modeling."; (B) in section 403 (15 U.S.C. 8543)-- (i) in subsection (a), by inserting "the" after "Director of"; and (ii) by amending subsection (d) to read as follows: "(d) Annual Briefing.--Not less frequently than once each year, the Under Secretary shall-- "(1) brief the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on participation in the program under subsection (a); and "(2) highlight any innovations that come from the interaction described in subsection (b)."; and (C) by striking sections 408 through 411 and section 414 and redesignating sections 412 and 413 as sections 408 and 409, respectively. (2) Clerical amendments.--The table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 is amended by striking the items relating to sections 408 through 414 and inserting the following: "Sec. 408. Weather enterprise outreach. "Sec. 409. Hurricane hunter aircraft.". (b) National Oceanic and Atmospheric Administration Authorization Act of 1992.--The National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567) is amended--(1) in section 106, by striking subsection (c) (15 U.S.C. 1537); and (2) in section 108 (15 U.S.C. 8520)--(A) in subsection (a)--(i) by striking paragraph (5); and (ii) by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively; (B) by striking subsection (b); and (C) by redesignating subsection (c) as subsection (b). SEC. 115. PRECIPITATION FORECAST IMPROVEMENT PROGRAM. (a) In General.--Title VI of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8561 et seq.) is amended-- (1) by redesignating section 603 as section 604; and (2) by inserting after section 602 the following: "SEC. 603. PRECIPITATION FORECAST IMPROVEMENT PROGRAM. "(a) In General.--The Under Secretary, in collaboration with the United States weather industry, other Federal departments and agencies, and academic partners, shall maintain a program to improve precipitation forecasting across timescales. "(b) Goal.--The goal of the program under subsection (a) shall be to provide more accurate, reliable, and timely precipitation forecasts across timescales through the development and application of a fully coupled Earth system prediction model in order to reduce the loss of life or property related to precipitation extremes, with a focus on the following: "(1) Improving the understanding and prediction of precipitation extremes from a variety of weather systems, including atmospheric rivers. "(2) Evaluating and incorporating, as appropriate, innovative observations into operational monitoring and forecast systems to improve precipitation forecasts. "(3) Improving Earth system model predictions of precipitation extremes from atmospheric rivers, tropical cyclones, summertime thunderstorms, winter storms, and other phenomena, in coordination with relevant programs. "(4) Enhancing research-to-operations transition through testbeds, including the evaluation of physical and social science, technology, and other research to develop products and services for implementation and use by relevant stakeholders. "(5) Incorporating best practices from the social, behavioral, and economic sciences into operations for more effective and actionable watch and warning products that support public safety and damage mitigation decisions in coordination with the programs established in accordance with this Act. "(6) Ensuring data and metadata management processes are in place to support data access and archive for long-term research and operations among multiple partners. "(c) Activities.--In carrying out the program under subsection (a), the Under Secretary shall support research-to-operations work, including the following: "(1) Implementing key strategies and following priorities and objectives outlined in the Precipitation Prediction Grand Challenge Strategy of the National Oceanic and Atmospheric Administration. "(2) Improving the physical science, operational modeling and tools, and technology related to better forecasting precipitation extremes across timescales. "(3) Improving the social, behavioral, and economic sciences related to risk communication, and delivery of information critical for reducing the loss of life or property related to extreme precipitation. "(4) Conducting the research necessary to develop and deploy probabilistic weather forecast guidance technology relating to precipitation extremes in operational practice. "(5) Enhancing the operational capacity of the National Weather Service to deliver decision support for extreme precipitation. "(6) Expanding computational resources to improve precipitation modeling. "(d) Annual Budget.--The Under Secretary shall submit to Congress, with the budget of the President submitted under section 1105 of title 31, United States Code, for a fiscal year, a proposed budget for activities to carry out this section in that fiscal year.". (b) Clerical Amendment.--The table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 is amended by striking the item relating to section 603 and inserting the following: "Sec. 603. Precipitation forecast improvement program. "Sec. 604. Definitions.". TITLE II--ENHANCING FEDERAL WEATHER FORECASTING AND INNOVATION SEC. 201. NEXT-GENERATION NUMERICAL WEATHER PREDICTION INITIATIVE. (a) In General.--The Under Secretary may establish a long-term, agency-wide initiative to focus and align numerical weather prediction activities around a shared strategic vision for the future to further protect lives and property, enhance the national economy, and promote international leadership. (b) Initiative Goals.--An initiative under subsection (a) shall encourage physics-based and data-driven modeling approaches, the use of ensemble systems, continuous and collaborative model development, and the modernization of modeling infrastructure and software practices. (c) Activities.--In carrying out an initiative under subsection (a), the Under Secretary should seek to-- (1) modernize infrastructure to optimize forecast accuracy and efficiency; (2) leverage community innovation by aligning operations with the weather research enterprise; (3) develop a high-resolution physics-based global ensemble system with advanced data assimilation; (4) explore the use of high-resolution artificial intelligence-based global superensembles; (5) develop a long-term high-resolution reanalysis to drive innovation for artificial intelligence-based prediction systems; (6) integrate probabilistic forecast guidance into scenario-based communication that supports actionable information; and (7) sunset legacy modeling systems that are replaced by newer systems, while maintaining operational continuity. (d) Operational Equivalency Requirements.--Not less than 90 days before any relevant Federal department or agency that supports software development that is used for weather predictions may transfer such management or operation to a non-Federal entity, that agency shall evaluate and provide a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on how the successor infrastructure achieves operational equivalency and maintains forecast accuracy and data latency. SEC. 202.

Text printed in the Record (11,569 characters)

RADAR NEXT PROGRAM. (a) In General.--The Under Secretary, in consultation with the Director of the National Weather Service, shall establish a program to be known as the "Radar Next Program" (in this section referred to as the "program"). (b) Requirements.--In carrying out the program, the Under Secretary shall-- (1) develop performance and coverage requirements for the weather radar network of the United States, including for the territories of the United States; (2) collaborate with the weather enterprise to determine potential solutions to update the weather radar network of the United States that meet the requirements developed under paragraph (1); and (3) develop a plan in accordance with subsection (c). (c) Plan.-- (1) In general.--The Under Secretary shall develop a plan to replace the Next Generation Weather Radar system of the National Weather Service in existence as of the date of the enactment of this Act (in this subsection referred to as the "NEXRAD system"). (2) Elements.--The plan developed under this subsection shall seek to continue and improve weather radar coverage in the United States and its territories and include the following: (A) Estimates of quantifiable improvements in performance, coverage, and accuracy to be made from potential options for replacement of the NEXRAD system. (B) Development of a phased array radar test article to determine the specifications and requirements for such replacement. (C) Expected actions needed to implement the recommendations of the report published by the Environmental Information Services Working Group of the Science Advisory Board of the National Oceanic and Atmospheric Administration on November 15, 2023, and entitled "A NESDIS Observing System Backbone Framework" to assist in defining a radar backbone architecture that will best serve the United States. (D) Establishment of a weather surveillance radar testbed for the following: (i) Evaluation of commercial radars with the potential to replace or supplement the NEXRAD system. (ii) Providing technical assistance for the use of small, gap-filling radars with private and local partners in regions where geographical topography prevents the full use of large systems or in locations where such systems may not be commercially viable. (E) Consultation and input solicited from academia, meteorologists, emergency managers, and public safety or utility officials regarding the specifications and requirements for replacement of the NEXRAD system. (F) Prioritized locations for initial deployment of the system that will replace the NEXRAD system. (G) Expected locations of the system that will replace the NEXRAD system, including sites located more than 75 miles away from an existing NEXRAD system station and additional appropriate locations. (H) Expected or planned improvements to data available for weather and water-related forecasts and warnings from the system that will replace the NEXRAD system. (3) Procurement deadline.--The Under Secretary shall take such actions in accordance with the plan developed under this subsection to ensure the replacement of the Next Generation Weather Radar System not later than the earlier of-- (A) the date on which the existing system is projected to no longer meet operational requirements; or (B) September 30, 2037. (d) Radar-as-a-Service.-- (1) In general.--The Under Secretary, consistent with relevant activities under section 203, may partner or contract with entities outside of the National Oceanic and Atmospheric Administration to fill data gaps in weather radar coverage using weather radars and data assimilation technologies in order to-- (A) supplement data gaps in weather radar coverage, including at low levels and in wide areas, in existence as of the date of the enactment of this Act; (B) ensure the continued performance of the weather radar network of the United States; and (C) better detect significant precipitation and severe weather over a greater area across a population. (2) Considerations.--In carrying out paragraph (1), the Under Secretary may consider-- (A) partnering or contracting with entities that have participated in the testbed described in subsection (c)(2)(D), the National Mesonet Program, or cooperative research and development agreements; and (B) weather camera systems and services, including in consultation with the Federal Aviation Administration, as viable technologies to supplement weather forecasting and prediction needs. (e) Updates to Congress.--The Under Secretary shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annual updates on the implementation of this section. SEC. 203. DATA VOIDS IN UNDER-OBSERVED AREAS OF THE UNITED STATES. (a) In General.--The Under Secretary shall carry out activities to ensure continuous comprehensive weather observation coverage, impact-based decision support services, and emergency information sharing in the United States, including the following: (1) Identifying regions in the United States and the territories of the United States that are under-observed, and as a result, have data gaps or experience disproportionate impacts from hazardous weather that threatens human life, health, and property. (2) Identifying any challenges that contribute to the lack of weather observations under paragraph (1). (3) Increasing weather observations and developing new weather observational capabilities with respect to the regions identified under paragraph (1). (4) Establishing or supporting testbeds and deployments of decision support services to Federal, State, and local emergency operations centers to develop and integrate new weather, water, and climate observation or emergency information sharing tools, with respect to the regions identified under paragraph (1). (5) To the maximum extent practicable, advancing weather and water forecasting and subseasonal to seasonal modeling capabilities for the regions identified under paragraph (1). (6) Undertaking workforce development efforts for emergency management officials and meteorologists in the regions identified under paragraph (1). (7) Using observations to fill voids in data and better understand extreme rainfall in complex topography. (8) Contributing to a national integrated heat health information system. (b) Consultation; Coordination.--The Under Secretary shall carry out activities under subsection (a)-- (1) in coordination with the Director of the National Weather Service and the Administrator of the Federal Emergency Management Agency; (2) in consultation with the United States weather industry and academic partners; and (3) in accordance with activities implemented through existing regional atmospheric, coastal, ocean, and Great Lakes observing systems. (c) Interagency Partnership To Support Pilot Projects.-- (1) In general.--In carrying out this section, the Under Secretary, acting through the Director of the National Weather Service and in collaboration with the Administrator of the Federal Emergency Management Agency, shall establish an interagency partnership to support pilot projects that accelerate coordination and use of localized weather, water, and subseasonal to seasonal data and impact-based decision support services in infrastructure and emergency management decisions by Federal, State, and local officials. (2) Priority.--At least one pilot project under paragraph (1) shall address key science challenges to using mesonet data in local decision making and development of new tools and training for owners and operators of critical infrastructure (as defined in subsection (e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c)), such as dams, energy generation and distribution facilities, nuclear power plants, and transportation networks. SEC. 204. RADAR INNOVATION FOR THE NEXT GENERATION. (a) In General.--The Under Secretary shall conduct research, development, testing, evaluation, and operational activities, using existing authorities and programs, to ensure the continued performance of weather radar capabilities, including systems being developed in areas impacted with interferences in the line of sight of such radar. (b) Requirements.--In carrying out activities under this section, the Under Secretary, in consultation with the Interagency Council for Advancing Meteorological Services, may-- (1) coordinate or partner with the private sector, academia, any Federal, State, or local government entity, or any other entity the Under Secretary considers appropriate; (2) identify, evaluate, and test technologies or operational approaches to improve radar coverage and performance, including by mitigating the impacts of interferences on weather radar; (3) to the maximum extent practicable, research additional solutions that could mitigate the effects of interferences on weather radar, such as-- (A) signal processing algorithms; (B) short-term forecasting algorithms to supplement or mitigate the impacts of contaminated data; (C) the use of dual polarization characteristics in mitigating the effects of wind turbines on weather radar; and (D) gap filling radars to provide supplemental or replacement observations in impacted areas; and (4) support the evaluation or demonstration of technical mitigation solutions for interferences to weather radar capabilities that are compatible with the operational requirements of the weather radar systems. (c) Priority.--In carrying out subsection (b), the Under Secretary shall prioritize consideration of the following technology-based mitigation solutions: (1) Phased array weather radar systems. (2) Supplementing, mitigating, or replacing contaminated data with commercial radar data. (3) Using data from private sector associated meteorological towers or similar capabilities. (4) The display on local forecasting equipment of wind farm boundaries and consolidated wind farm areas. (5) The installation and provision of access to rain gauges. (6) Any other technology-based mitigation solution the Under Secretary determines could improve radar coverage by overcoming interferences, beam blockage, or ghost echoes. (d) Report; Recommendation.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Under Secretary shall brief Congress on activities carried out under this section. (2) Final recommendation.--Not later than 5 years after the date of the enactment of this Act, the Under Secretary shall provide to Congress, in the form of a briefing or report, a recommendation on whether additional research, testing, and development established under subsection (a) is warranted. (e) Rule of Construction.--Nothing in this section shall be construed to require the establishment of a new program office or organizational structure. (f) Definitions.--In this section: (1) Beam blockage.--The term "beam blockage" means a signal that is partially or fully blocked due to an interference. (2) Ghost echo.--The term "ghost echo" means radar signal reflectivity or velocity return errors in radar data due to the proximity of an interference. (3) Interference.--The term "interference" includes-- (A) a wind turbine that could limit the effectiveness of a weather radar system; (B) any building that disrupts or limits the effectiveness of a weather radar system; or (C) any other natural or human built structure that affects a weather radar system. SEC. 205.

Text printed in the Record (10,522 characters)

ATMOSPHERIC RIVERS FORECAST IMPROVEMENT PROGRAM. (a) In General.--The Under Secretary, in collaboration with the United States weather industry and academic partners and in coordination with the precipitation forecast improvement program under section 603 of the Weather Research and Forecasting Innovation Act of 2017, as added by section 115 of this Act, shall establish an atmospheric river forecast improvement program (in this section referred to as the "program"). (b) Goal.--The goal of the program shall be to reduce the loss of life and property and economic losses from atmospheric rivers through the research, development, and extension of accurate, effective, and actionable forecasts and warnings, including by-- (1) establishing quantifiable skill metrics for atmospheric river forecasts that include assessing the benefits of dynamical modeling, data assimilation, and machine learning improvements in the probabilistic forecasts of landfall location, extreme wind and precipitation, and cascading impacts; (2) developing an atmospheric river forecast system within a unified forecast system, and advancing next-generation coupled modeling systems, with the capability of providing seasonal to short-range atmospheric river forecasts that include forecasts of snow accumulation and other hydrologic components; (3) advancing scientific understanding of the roles of atmospheric rivers in subseasonal to seasonal precipitation and probabilistic predictions at subseasonal to seasonal scales; (4) developing tools and improved forecast products to predict periods of active or inactive atmospheric river landfalls and inland penetration over the United States with a focus on addressing stakeholder and public needs related to perceiving, comprehending, and responding to atmospheric river forecast improvements; (5) enhancing the transition of research to operations through testbeds of the National Oceanic and Atmospheric Administration, including the evaluation of physical and social science, technology, and other research to develop products and services for implementation and use by relevant stakeholders; and (6) incorporating social, behavioral, and economic sciences into atmospheric river forecast communication, as appropriate. (c) Innovative Observations, Data Assimilation, and Modeling.--The Under Secretary shall ensure the program periodically examines, tests, and evaluates the value of incorporating innovative observations, data, and measurements with respect to the improvement of atmospheric river analysis, modeling, forecasts, predictions, and warnings. (d) Program Plan.--Not later than 270 days after the date of the enactment of this Act, the Under Secretary, in consultation with the Secretary of the Air Force or the Commander of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command, shall develop a plan that details the specific activities relating to research, development, data acquisition, partnerships with the weather industry and academic partners, and technology transfer, and corresponding resources and timelines, necessary to achieve the goal of the program under subsection (b), as well as include any barriers to implementation. Such plan shall be made available to the public on release. (e) Annual Budget for Plan Submittal.--After the development of the plan pursuant to subsection (d), the Under Secretary shall submit to Congress, with the budget of the President submitted under section 1105 of title 31, United States Code, for a fiscal year, a proposed budget for the activities identified in such plan for that fiscal year. (f) Improved Modeling.--In carrying out the program, the Under Secretary may-- (1) develop, test, and operationalize prototype high-resolution Atmospheric River Analysis and Forecasting System models through research and operations partnerships with institutions of higher education and other partners outside the National Oceanic and Atmospheric Administration; (2) enhance data assimilation of current and new satellite and ocean observations that is useful for atmospheric river analysis and forecasting predictions; (3) improve data processing techniques related to atmospheric river analysis and forecasting predictions; (4) use artificial intelligence and machine learning methods as applicable to atmospheric river analysis and forecasting predictions; (5) ensure the surface and subsurface observations of the ocean meet the needs of atmospheric river analysis and forecasting predictions on different timescales; and (6) to the maximum extent practicable, improve or establish baseline weather monitoring services in areas that have historically experienced, or are predicted to experience, atmospheric rivers. (g) Conduct of Reconnaissance.--The Under Secretary shall acquire and sustain adequate aircraft, scientific equipment, and personnel-- (1) to meet mission requirements of the National Hurricane Operations Plan and the National Winter Season Operations Plan; (2) to ensure atmospheric river air reconnaissance observations are available throughout the expected seasons of tropical cyclones and atmospheric rivers; (3) to the maximum extent practicable and in accordance with paragraph (5), to ensure data and information collected are made available for research and operations purposes; (4) to participate in research and operations partnerships that guide flight planning and use research methods to improve and expand the capabilities and effectiveness of atmospheric river reconnaissance over time; (5) to develop data management strategies to ensure that data and metadata are adequately stewarded, maintained, and archived; and (6) to undertake such other additional activities as the Under Secretary, in consultation with the Secretary of the Air Force, considers appropriate to improve and grow the hurricane hunter and atmospheric river reconnaissance mission. (h) Improved Atmospheric River Hazard Communication.--The Under Secretary may conduct research and development activities in coordination with the program established under section 403(a)-- (1) to, as appropriate, develop and refine-- (A) methods to categorize the intensity of weather and ocean hazards, including tropical cyclones and atmospheric rivers, on a quantitative scale; and (B) the effectiveness of such scale in hazard communication; (2) to develop best practices for communication of atmospheric river events and hazards across regions of the United States; (3) to gather information from areas prone to hurricanes and atmospheric rivers regarding levels of knowledge and preparedness, including responses to early forecasts and warnings by the National Oceanic and Atmospheric Administration; and (4) to explore strategies to communicate, and the effectiveness of communicating, that hurricane and atmospheric river events are beneficial at lower intensities versus hazardous at higher intensity. SEC. 206. COASTAL FLOODING AND STORM SURGE FORECAST IMPROVEMENT PROGRAM. (a) In General.--The Under Secretary, in collaboration with the Integrated Ocean Observing System, the United States weather enterprise, and academic partners, shall establish a coastal flooding and storm surge forecast improvement program (in this section referred to as the "program"). (b) Goal.--The goal of the program shall be to reduce the loss of life or property from coastal flooding, including high tide flooding, and storm surge events through the development and extension of accurate, effective, actionable, and probabilistic forecasts and warnings. (c) Priority.--In implementing the program, the Under Secretary shall prioritize activities that carry out the following: (1) Improving understanding and capacity for real-time operational prediction of the ocean's role in coastal flooding, including high tide flooding, and storm surge events. (2) Improving the capacity to mitigate, adapt to, or prevent the impacts of coastal flooding, including high tide flooding, and storm surge events, including by improving the understanding of coastal communities and the capacity of such communities to perceive, comprehend, and respond to forecast information. (3) Incorporating data from in situ distributed sensors into predictive models and re-analyses. (4) Developing probabilistic coastal flooding, including high tide flooding, and storm surge estimates to complement worst-case scenario estimates, including for use in long-term planning and risk management by States, Tribal governments, localities, and emergency managers in coordination with the Federal Emergency Management Agency, as appropriate. (5) Establishing skill metrics for coastal inundation forecasting that quantify the benefits of dynamical modeling, data assimilation, and machine learning improvements in the probabilistic forecast of coastal flooding, including high tide flooding, and storm surge risk and impacts. (6) Improving operational regional storm surge models and, in collaboration with the United States Geological Survey, wave prediction models to enhance probabilistic guidance and messaging. (7) Improving the understanding and capacity of coastal communities to receive and respond to rip current forecasts and information. (d) Innovative Observations and Modeling.--The Under Secretary shall ensure the program periodically examines, tests, and evaluates the value of incorporating enhanced model physics, hybrid dynamical or machine learning-based prediction systems, and innovative observations, such as novel sensor technologies, observation networks, crewed or uncrewed systems, and hosted instruments on commercial aircraft, vessels, and satellites, with respect to the improvement of coastal flooding, including high tide flooding, and storm surge forecasts, predictions, and warnings. (e) Program Plan.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall develop a plan that details the specific research, development, data acquisition, and technology transfer activities, and corresponding resources and timelines, necessary to achieve the goal of the program under subsection (b). (f) Annual Budget for Plan Submittal.--After the development of the plan pursuant to subsection (e), the Under Secretary shall submit to Congress, with the budget of the President submitted under section 1105 of title 31, United States Code, for a fiscal year, a proposed budget for the activities identified in that plan for that fiscal year. SEC. 207.

Text printed in the Record (9,052 characters)

IMPROVING PREVENTION AND RESPONSES TO TEMPERATURE RELATED IMPACTS. (a) Establishment.--The Under Secretary shall establish within the National Oceanic and Atmospheric Administration a system to support the reduction of extreme temperature impacts by-- (1) improving the delivery and communication of data, information, forecasts, and warnings related to extreme temperatures; (2) developing science-based solutions and tools to improve impact-based decision support services for extreme impacts to-- (A) protect human life, property, and the United States economy; and (B) support the unique needs of-- (i) emergency preparedness and response activities; and (ii) urban, rural, and suburban communities; and (3) supporting a research program on health impacts from extreme temperatures, in coordination with relevant agencies. (b) Methodology.--The Under Secretary shall, in collaboration with relevant agencies-- (1) coordinate with State and local entities to improve the quality of data on deaths and related illnesses attributed to extreme temperatures; and (2) make public the methodology for attributing adverse health impacts to extreme temperatures. (c) Prioritization.--The Under Secretary shall give priority to activities under subsection (a) that support the reduction of adverse impacts due to extreme temperatures that-- (1) cause the most fatalities in the United States; and (2) are frequent and severe. (d) Interagency Committee.--There is established within the National Oceanic and Atmospheric Administration an interagency committee that shall coordinate relevant agencies to execute, as appropriate, activities across such agencies to ensure a united Federal approach to reducing health risks from extreme temperatures. (e) Authorization of Appropriations.--There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this section, including for any administrative costs for the Committee and the System, $2,700,000 for each of fiscal years 2027 through 2031. SEC. 208. AVIATION WEATHER AND DATA INNOVATION. (a) Airborne Observation Program.-- (1) In general.--The Under Secretary shall maintain an airborne observation program (in this subsection referred to as the "program") for the acquisition of atmospheric sensor data and the deployment of critical atmospheric sensors, including in partnership with the weather enterprise. (2) Activities.--The program shall include activities that carry out the following: (A) Procurement of weather data available from commercial aircraft, as determined by the Under Secretary. (B) Acquisition of additional vertical profile observations that provide spatial and temporal density, as determined by the Under Secretary. (C) Analysis of procured data when incorporated into the unified forecast system of the National Oceanic and Atmospheric Administration in order to provide improved forecast information for aircraft. (3) Budget.--The Under Secretary shall submit to Congress, with the budget of the President submitted under section 1105 of title 31, United States Code, for a fiscal year, a proposed budget for the activities described in paragraph (2) for that fiscal year, including an analysis of activities that can be complemented by aircraft of the National Oceanic and Atmospheric Administration. (4) Authorization of appropriations.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2027 through 2031 to carry out the program. (b) Aviation Weather and Turbulence Forecasting.-- (1) In general.--The Director of the National Weather Service shall-- (A) include turbulence events, icing conditions, or other phenomena in the forecasting capabilities of the Aviation Weather Center and the Center Weather Service Units; and (B) deliver operational forecasts with consistent, timely, and accurate weather and turbulence information for the airspace system and the protection of lives and property. (2) Coordination.--In carrying out paragraph (1), the Director of the National Weather Service shall-- (A) give consideration to recommendations of the Administrator of the Federal Aviation Administration under section 44720 of title 49, United States Code; and (B) improve weather and turbulence forecasting capabilities by-- (i) designating or establishing within the Federal Government an interagency working group to determine weather and environmental data or observation requirements, needs, and potential solutions related to aviation weather and turbulence modeling or forecasting; (ii) identifying current and future potential data gaps related to turbulence events or phenomena that can-- (I) identify or inform route-specific flight planning; and (II) be supplemented or filled by commercial aviation tools; (iii) transitioning research initiatives and pilot programs, including a pilot program of instrumentation deployed on commercial aircraft for observing atmospheric composition and other atmospheric factors and support for the evaluation of a sustained observing network using such instrumentation, into operations that improve the forecasting capabilities of the Aviation Weather Center; (iv) developing and deploying improved probabilistic aviation weather forecast guidance technology; (v) updating interagency agreements as appropriate, including to address reimbursable agreements; and (vi) recommending adequate staffing levels at each Center Weather Service Unit to ensure safety. (c) Next Generation Aviation Research.--Section 102(b)(3) of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8512(b)(3)), as amended by section 111(a) of this Act, is further amended-- (1) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (2) by inserting after subparagraph (E) the following: "(F) aviation weather phenomena, including atmospheric composition and turbulence, to improve scientific understanding and forecast capabilities for the airspace system;". (d) Aviation Information Dissemination.--The Under Secretary shall ensure the Aviation Weather Center is able, to the maximum extent possible, to disseminate in a timely manner full-resolution aviation weather data, forecasts, and information to meet the needs of aviation users. (e) Provision of Weather Services to the Federal Aviation Administration.-- (1) Interagency agreement and supplemental services.-- (A) In general.--The Under Secretary and the Administrator of the Federal Aviation Administration shall enter into or otherwise participate in an interagency agreement for a period of not less than 5 years under which the National Oceanic and Atmospheric Administration provides weather services to the Federal Aviation Administration. (B) Request for proposals.--To inform the interagency agreement under subparagraph (A), the Administrator of the Federal Aviation Administration shall, in consultation with the Under Secretary, request proposals from the weather enterprise to evaluate commercial opportunities to supplement, and not replace, weather services or data at center weather service units provided by the National Oceanic and Atmospheric Administration. (C) Compensation.--The interagency agreement under subparagraph (A) shall ensure that the Administrator of the Federal Aviation Administration fairly compensates the National Oceanic and Atmospheric Administration, in a timely manner, for utilizing services under this agreement. (2) Briefings.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter through December 31, 2030, the Under Secretary and the Administrator of the Federal Aviation Administration shall provide a briefing to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of-- (A) the provision by the National Oceanic and Atmospheric Administration of weather services to the Federal Aviation Administration; (B) the interagency agreement under paragraph (1); and (C) rationale for any recommendations made by the National Weather Service under this section that were not implemented by the Federal Aviation Administration. SEC. 209. AERIAL SNOW SURVEY PROGRAM. (a) In General.--The Under Secretary shall maintain and modernize the Aerial Snow Survey program to support water supply forecasting, flood risk management, and seasonal outlooks. (b) Purpose.--Such program shall-- (1) collect airborne snow water equivalent measurements across major river basins; (2) integrate such measurements into forecasts and decision-support products generated by National Weather Service River Forecast Centers; (3) improve seasonal runoff, flood, and drought outlooks; and (4) coordinate with State water resource agencies and emergency managers. (c) Modernization.--In carrying out such program, the Under Secretary may upgrade aircraft instrumentation and data assimilation tools to enhance forecast skill. SEC. 210.

Text printed in the Record (6,972 characters)

NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE PARTNERSHIP PROGRAM, TRANSITION PROGRAM, AND OPERATIONAL PLANNING. (a) Partnership Program.-- (1) In general.--The Assistant Administrator of the National Environmental Satellite, Data, and Information Service (in this section referred to as the "Assistant Administrator") shall maintain a program to enhance engagement with the private sector, academia, and other Federal departments and agencies (in this subsection referred to as the "partnership program"). (2) Administration.--The Assistant Administrator, in consultation with the Administrator of the National Aeronautics and Space Administration, shall administer broad agency announcements and other transactional authority or contracting mechanisms, on an annual or more frequent basis, to support the partnership program. (b) Transition Program.-- (1) In general.--To support the development of next-generation technologies, missions, data systems, spacecraft, and instrument design, the Assistant Administrator, in consultation with the Administrator of the National Aeronautics and Space Administration, shall maintain a program to transition selected awards from research and study phases into demonstration (in this subsection referred to as the "transition program"). (2) Considerations.--In selecting awardees for demonstrations under the transition program, the Assistant Administrator shall consider technologies, missions, data systems, spacecraft, and instrument design that-- (A) improve upon the satellite architecture of the National Oceanic and Atmospheric Administration; (B) have a direct impact on implementing the recommendations of the Satellite Observing System Architecture Study of the National Oceanic and Atmospheric Administration entitled, "Building a Plan for NOAA's 21st Century Satellite Observing System" and dated May 31, 2018; and (C) meet current or future mission requirements. (3) Operational planning.--In carrying out the transition program, the Assistant Administrator shall monitor demonstration phase progress and plan for promising results that meet mission requirements to be transitioned into the operational satellite architecture of the National Oceanic and Atmospheric Administration. (c) Annual Briefing.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter through 2031, the Assistant Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual briefing that outlines the progress made in the partnership program under subsection (a), the transition program under subsection (b), and operational planning under subsection (b)(3). (d) Authorization of Appropriations.--From amounts authorized to be appropriated to the National Environmental Satellite, Data, and Information Service, there shall be available $20,000,000 for each of fiscal years 2027 through 2031 to carry out this section. SEC. 211. ADVANCED WEATHER INTERACTIVE PROCESSING SYSTEM. (a) In General.--The Under Secretary, acting through the Director of the National Weather Service, shall develop a strategy to transition operations of the Advanced Weather Interactive Processing System to an operational cloud-based environment in order to improve operational efficiency. (b) Services.--The Under Secretary shall ensure that the Advanced Weather Interactive Processing System in an operational cloud-based environment referred to in subsection (a) provides impact-based decision support services to emergency managers at the Federal, State, local, and Tribal levels, and continues to provide the following services: (1) Integrating and displaying forecast data, including meteorological, hydrological, climate, ocean, satellite, and radar data, for field offices and national centers of the National Weather Service. (2) Acquiring and processing observational data from sensors and local sources. (3) Providing an interactive communications system, including any relevant capabilities of the existing satellite broadcast network, to connect relevant employees and sites of the National Weather Service. (4) Initiating the dissemination of weather, water, marine, ecological, subseasonal to seasonal, aviation, and space warnings and forecasts in a rapid and highly reliable manner. (c) Elements.--The transition of operations required under subsection (a) may include the following: (1) Establishment or support of testbeds, pilot projects, and functional testing activities to facilitate remote evaluation and automated testing. (2) Coordinated training efforts needed for Federal and non-Federal users and operators of the Advanced Weather Interactive Processing System in an operational cloud-based environment referred to in subsection (a). (3) Evaluation of bandwidth requirements to achieve a quality user experience. (4) Installation of circuits to reduce lapses in network operations and support backup functions. (5) Establishment of a cloud-based, remotely accessible repository for data referred to in subsection (b)(2). (6) Development and deployment of virtualized systems to replace physical hardware at operational sites. (7) Evaluation of commercial cloud providers, including hybrid approaches, to meet mission needs. (8) Development, testing, demonstration, evaluation, and operationalization of forecast and warning products, consistent with the mission and scientific expertise of the National Oceanic and Atmospheric Administration. (d) Transition Deadline.--The Under Secretary shall take such actions as may be necessary to ensure the transition described in subsection (a) is completed by not later than September 30, 2030. (e) Updates to Congress.--The Under Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate periodic updates on the implementation of this section. (f) Continued Innovation.--Nothing in this section may be construed as prohibiting the development of new forecast capabilities, sub-systems, or implementing modeling advancements on the operational computing systems of the Administration. SEC. 212. REANALYSIS AND REFORECASTING. The Under Secretary may support reanalysis and reforecasting activities within the National Oceanic and Atmospheric Administration, including through weather testbeds of the Administration-- (1) for improving weather forecasts, extreme weather predictions, and weather and climate datasets, including supporting forecast development and forecaster training; and (2) to support the development, evaluation, and improvement of artificial intelligence and machine learning data-driven models, including by improving the standardization, formatting, and accessibility of datasets to support effective use in such models. SEC. 213.

Text printed in the Record (8,120 characters)

NATIONAL WEATHER SERVICE WORKFORCE. (a) Hiring Assessment.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Director of the National Weather Service shall submit to the Under Secretary and Congress an assessment of the milestones, timelines, and service level expectations required for the expeditious hiring and timely onboarding of employees of the National Weather Service. (2) Elements.--Each assessment required by paragraph (1) may include the following: (A) Recommendations to outsource hiring to any entity other than the National Weather Service in order to meet the milestones, timelines, and service level expectations described in paragraph (1). (B) Determinations of the number of staff and designated positions required at each forecasting office to provide services to protect lives and property in the geographic region of responsibility. (b) Health and Morale Assessment.-- (1) In general.--The Director of the National Weather Service shall enter into a contract with, or continue to partner with, an entity other than the National Weather Service to conduct an assessment of medical impacts, including stress and long-term health impacts, on employees of the National Weather Service related to required rotating shift work. (2) Elements.--The assessment required by paragraph (1) may include-- (A) options for mitigating the impacts on employees described in that paragraph; and (B) recommendations for improving benefits related to required rotating shift work. (c) Role of the Director.--Notwithstanding the results of the assessment under subsection (a), the Director of the National Weather Service shall establish service level standards based on staffing levels. (d) Designation and Responsibilities of Service Coordination Hydrologists.-- (1) In general.--The Director of the National Weather Service may designate at least one service coordination hydrologist at each Weather Forecast Office of the National Weather Service. (2) Performance by other employees.--Notwithstanding paragraphs (3) and (4), the Director of the National Weather Service may assign the performance of the responsibilities described in this subsection to such other staff of the National Weather Service as the Director considers appropriate. (3) Responsibilities.--In order to increase impact-based decision support services, each service coordination hydrologist designated under paragraph (1) shall, with respect to hydrology, carry out the following: (A) Provide service to the geographic area of responsibility covered by the Weather Forecast Office at which the service coordination hydrologist is employed to help ensure that users of products and services of the National Weather Service can respond effectively to improve outcomes from flood events. (B) Liaise with users of products and services of the National Oceanic and Atmospheric Administration, such as emergency managers, the public, academia, media outlets, users in the hydropower, transportation, recreation, and agricultural communities, and forestry, land, fisheries, and water management interests, to evaluate the adequacy and usefulness of the products and services referred to in subparagraph (A), including extended-range streamflow forecasts, water supply forecasts, drought outlooks, flood inundation mapping, coastal inundation, and flood warnings. (C) Collaborate with the National Water Center, the River Forecast Centers, other Weather Forecast Offices, the National Integrated Drought Information System, offices of the National Oceanic and Atmospheric Administration, and Federal, State, local, and Tribal government agencies, as the Director considers appropriate, in developing, proposing, and implementing plans to develop, modify, or tailor such products and services to improve the usefulness of such products and services. (D) Engage in interagency partnerships with Federal, State, local, and Tribal government agencies to explore the use of forecast-informed reservoir operations to reduce flood risk and inform decisions related to water resources management. (E) Ensure the maintenance and accuracy of flooding and water resource management partner call lists, appropriate office hydrologic service policy or procedures, and other hydrologic information or dissemination methodologies or strategies. (F) Work closely with Federal, State, local, and Tribal emergency and floodplain management agencies, and other agencies relating to disaster management, to ensure a planned, coordinated, and effective preparedness and response effort. (4) Additional responsibilities.--A service coordination hydrologist designated under paragraph (1) may, with respect to hydrology-- (A) work with a State agency to develop plans for promoting more effective use of products and services of the National Weather Service throughout the State concerned; (B) identify priority community preparedness objectives; (C) develop plans to carry out the responsibilities described in paragraph (3); and (D) conduct flooding event preparedness planning and citizen education efforts with and through various State, local, and Tribal government agencies and other disaster management-related organizations. (e) Pilot Projects.-- (1) In general.--The Director of the National Weather Service shall-- (A) perform pilot projects for-- (i) transformational services related to decision support services and technology; (ii) transitioning data and services to the cloud; (iii) provision of on-site decision support for emergency management operations; and (iv) transitioning to and communication of probabilistic models, forecasts, and hazard information; and (B) conduct a study to assess the capabilities needed to scale those pilot projects toward a new and more efficient and effective operations model. (2) Sunset.--The authority under paragraph (1) shall terminate on the date that is 2 years after the date of the enactment of this Act. (f) Rule of Construction.--Nothing in this section may be construed to authorize or require a change in the authorized number of full-time equivalent employees of the National Weather Service or otherwise result in the employment of any additional employees. (g) Protection From Hiring Freezes.-- (1) In general.--Title IV of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8541 et seq.), as amended by section 114(a), is further amended by adding at the end the following: "SEC. 410. CLASSIFICATION OF AND STAFFING PLAN FOR EMPLOYEES AND PROTECTION FROM HIRING FREEZES. "(a) Classification of Certain Employees.-- "(1) In general.--Not later than 30 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall categorize each position in the National Oceanic and Atmospheric Administration specified under paragraph (2) as a protective service occupation under the Standard Occupational Classification System. "(2) Occupational series specified.--The positions that are specified in this paragraph are positions in the National Oceanic and Atmospheric Administration that are-- "(A) determined by the Under Secretary to be involved in supporting forecasts and warnings to protect human life and property; and "(B) determined by the Director of the Office of Personnel Management to be-- "(i) a position in the Engineering and Architecture occupational series listed under occupational series 0801, 0802, 0810, 0855, or 0856; "(ii) a position in the Production Controller (Aircraft) occupational series (1152); "(iii) a position in the Physical Sciences occupational series listed under occupational series 1301, 1313, 1315, 1340, 1341, 1360, 1370, or 1372; "(iv) a position in the Equipment Specialist Series (Aircraft) occupational series (1670); "(v) a position in the Information Technology Management occupational series (2210); or "(vi) a position held by a professional mariner (as defined in section 269B of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.

Text printed in the Record (11,997 characters)

3079b)), including a position in occupational series 0865, 9901, 9916, 9920, 9923-24, 9927-28, 9931-34, 9944, 9954, 9960, 9965, 9968, 9971, 9973, and 9984). "(3) Congressional briefing.--Not later than 1 year after the date of enactment of this section, the Under Secretary of Commerce for Oceans and Atmosphere shall provide a briefing on the implementation of this section to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. "(4) Requirements relating to staffing changes.-- "(A) In general.--Not less than 30 days before carrying out a significant workforce reduction action with respect to any occupational position specified under paragraph (2), the Under Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the proposed action and the facts and circumstances relied upon in support of such action. "(B) Significant workforce reduction action defined.--In this paragraph, the term `significant workforce reduction action'-- "(i) means a voluntary separation incentive payment program, voluntary early retirement authority, or any other personnel action reasonably expected to result in the separation of multiple employees from the National Oceanic and Atmospheric Administration; and "(ii) does not include routine attrition, individual adverse personnel actions, or any reduction in force for which notice or reporting is otherwise required under Federal law. "(b) 5-Year Staffing Plan for the National Oceanic and Atmospheric Administration.-- "(1) In general.--Not later than 180 days after the date of the enactment of this section, the Under Secretary shall submit to Congress a 5-year staffing plan for-- "(A) the National Weather Service; and "(B) any positions within the National Oceanic and Atmospheric Administration that support forecasts and warnings to protect human life and property, including positions that involve-- "(i) collection of data for incorporation into watches and warnings; "(ii) operation and maintenance of equipment for collection of data described in clause (i); "(iii) maintenance of information technology systems; "(iv) modeling for forecasts and warnings; and "(v) research to improve forecasts, warnings, and communication of those warnings to better protect human life and property. "(2) Additional elements of staffing plan.--The staffing plan under this subsection shall include the following elements: "(A) The number and corresponding occupational series of employees needed to fully staff each weather forecast office and Center Weather Service Unit of the National Weather Service to meet mission needs while considering the following: "(i) Safety. "(ii) Morale. "(iii) Changing seasonal needs. "(iv) Forecasting complexity of the geographical area at issue, particularly areas that are subject to an elevated risk of severe weather events. "(B) Historical staffing needs versus historical vacancies for each weather forecast office and Center Weather Service Unit. "(c) Direct Hire Authority.-- "(1) In general.--To satisfy critical staffing needs and fill vacancies consistent with the staffing plan under subsection (b), the Director of the National Weather Service may appoint, without regard to sections 3308 through 3319, 3327, and 3330 of title 5, United States Code, qualified candidates to any of the following positions: "(A) Employees performing public safety mission functions, including the following: "(i) Meteorologists (classification series 1340). "(ii) Hydrologists (classification series 1315). "(iii) General physical scientists (classification series 1301). "(iv) Computer specialists (classification series 2210). "(v) Electronic technicians (classification series 0856). "(B) Other positions for which primary responsibilities include equipment operations, maintenance, analysis, information technology, or engineering. "(2) Sunset.--The authority under paragraph (1) shall expire on the earlier of-- "(A) the date on which all positions to satisfy critical staffing needs and vacancies identified under subsection (b) are filled; or "(B) 2 years after the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026.". (2) Clerical amendment.--The table of contents for the Weather Research and Forecasting Innovation Act of 2017 is amended by inserting after the item relating to section 409 the following: "Sec. 410. Classification of and staffing plan for employees and protection from hiring freezes.". SEC. 214. CONSULTATION RELATING TO MODERNIZATION AND REORGANIZATION. The Director of the National Weather Service may consult with employees and employee representatives of the National Weather Service during implementation of modernization or reorganization plans for the Service. SEC. 215. ARTIFICIAL INTELLIGENCE FOR WEATHER FORECASTING. (a) Definitions.--In this section: (1) Artificial intelligence.--The term "artificial intelligence"-- (A) has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401); and (B) includes machine learning, neural networks, and natural language processing. (2) Artificial intelligence weather model.--The term "artificial intelligence weather model" means a weather model based primarily on artificial intelligence technology to project future Earth system conditions based on machine learning using weather forecasting training datasets. (3) Curate.--The term "curate", with respect to a dataset, means-- (A) to collect and maintain the dataset-- (i) to ensure and document its quality; and (ii) to provide metadata on its provenance; and (B) to update the dataset periodically, as appropriate and practicable. (4) Numerical weather model.--The term "numerical weather model" means a weather model based primarily on coupled Earth System processes that uses numerical computation to forecast future Earth system conditions. (5) Observational data.--The term "observational data" means data and metadata from actual observations of environmental conditions, including remote sensing and in situ platforms. (6) Synthetic data.--The term "synthetic data" means data produced from a model or statistical method in order to fill gaps in observational data. (b) Purpose.--The purpose of this section is-- (1) to improve accuracy and timeliness of weather, water, and space weather forecasts and effective dissemination of critical information; (2) to strengthen analytic capacity to inform resource deployments in response to and to mitigate harm from weather, water, wildfires, and space weather hazards through the mandated exploration and use of artificial intelligence by Federal departments and agencies; (3) to strengthen public-private partnerships to accelerate adoption and outcomes of the use of artificial intelligence in response to and to mitigate such harm; and (4) to strengthen public-private partnerships in highly technical, high-risk, and high-reward fields related to weather, water, wildfires, and space weather forecasts. (c) Earth System Forecasting and Information Delivery.-- (1) Training datasets.--Not later than 4 years after the date of the enactment of this Act, the Under Secretary, in consultation with the Secretary of Energy, the Administrator of the National Aeronautics and Space Administration, the Director of the National Science Foundation, the Director of the National Center for Atmospheric Research, the Interagency Council for Advancing Meteorological Services, other appropriate Federal advisory committees as determined by the Under Secretary, and such other technical experts as the Under Secretary considers appropriate, shall develop and curate comprehensive weather forecasting training datasets with relevant Earth system data, quality information, and metadata necessary for weather forecasting. (2) Use of existing datasets.--In order to speed the development of the weather forecasting training datasets required under paragraph (1), the Under Secretary shall assess, and to the greatest extent practicable build on, existing Earth system reanalysis datasets of the Federal Government. (3) Artificial intelligence weather model.-- (A) Global model.--In carrying out this subsection, the Under Secretary, in consultation with appropriate Federal advisory committees as determined by the Under Secretary, may develop and test a global weather model based on artificial intelligence technologies utilizing data of the National Oceanic and Atmospheric Administration to the extent possible. (B) Regional and local models.--In addition to a global weather model under subparagraph (A), the Under Secretary may experiment with regional and local weather models based on artificial intelligence technologies. (4) Use of artificial intelligence to disseminate information.--In coordination with an artificial intelligence weather model or models developed under paragraph (3), the Under Secretary may explore the use of artificial intelligence to enhance the dissemination of information with respect to weather and wildfire risks and evaluate the effectiveness of communication for improved public understanding and preparedness. (5) Continued support for observations, basic research, and numerical weather models.--Notwithstanding the requirements of this subsection, the Under Secretary shall continue to support and advance the activities of the National Oceanic and Atmospheric Administration-- (A) to collect and acquire traditional and novel observational data relevant for artificial intelligence and numerical weather, water, and space weather forecasting; (B) to advance research on the Earth system and numerical weather model forecasting; (C) to develop and advance numerical Earth system modeling for predictions; (D) to develop weather model data post-processing techniques; and (E) to improve data assimilation techniques. (6) Observing system coverage.--In carrying out this subsection, the Under Secretary may evaluate the use of cost functions in data-driven machine learning model training to balance inequities in observing system coverage and data poor areas. (7) Uncertainty quantification research.--In carrying out this subsection, the Under Secretary may develop uncertainty quantification research for the purpose of accurate environmental risk and hazard communications of probabilistic predictions and forecasts. (8) Report.--Not later than 2 years after the date of the enactment of this Act, and not less frequently than every 2 years thereafter through 2036, the Under Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the activities conducted under this subsection. (d) Advanced Artificial Intelligence Applications for Weather Forecasts and Information Delivery.--The Under Secretary shall explore advanced applications of artificial intelligence to improve weather forecasts and information delivery, such as by-- (1) improving data assimilation; (2) accounting for coupled Earth system processes; (3) improving readiness and preparedness to combat wildfires, mitigation of the risk from wildfires, and improving safety for firefighters and communities at risk from wildfires; (4) using artificial intelligence weather models to generate ensemble forecasts to more accurately assess flow-dependent forecast uncertainties; and (5) improving impact-based decision support for greater societal benefits based on those forecasts. (e) Technical Assistance on Use of Artificial Intelligence Weather, Water, and Space Weather Models.-- (1) In general.--The Under Secretary shall provide-- (A) technical assistance, data access,

Text printed in the Record (10,651 characters)

and support for forecasters, scientists, social scientists, and engineers to test and evaluate the use and effectiveness of the artificial intelligence models of the National Oceanic and Atmospheric Administration, including within the testbeds of the Administration; (B) best practices on providing forecasts based on outputs from artificial intelligence weather models and numerical weather models, or a combination thereof; and (C) support for emergency managers to make operational decisions based on outputs from artificial intelligence weather models and numerical weather models, or a combination thereof. (2) Assessment of weather models.-- (A) In general.--The Under Secretary shall support the development of a common framework for the assessment of numerical weather models and artificial intelligence weather models by comparing model output and observational data over a period of time in the past through the use of such methodologies as the Under Secretary considers appropriate. (B) Best practices.--In carrying out this paragraph, the Under Secretary may develop and disseminate best practices in collaboration with-- (i) the National Institute of Standards and Technology, the National Aeronautics and Space Administration, the National Science Foundation, and the Department of Energy; (ii) academic and research institutions; and (iii) the private sector. (3) Technical assistance.--In carrying out this subsection, the Under Secretary may provide technical assistance, best practices, and support required under paragraph (1) through the National Weather Service. (4) Independent study on the impacts of artificial intelligence weather, water, and space weather models.--The Under Secretary may enter into an agreement with the National Academy of Sciences or another entity as determined appropriate by the Under Secretary to assess the impacts of artificial intelligence weather models on the weather enterprise and make recommendations to improve the integration of such models in operational forecasting. (f) Partnerships for Transformational Innovation.-- (1) In general.--The Under Secretary may explore novel structures for partnerships with private, academic, and international entities for research and development of transformative innovation in weather forecasting and other environmental forecasts-- (A) to further the understanding of weather, water, wildfires, and space weather, and their societal impact; (B) to advance the science of weather and water forecasting, including subseasonal to seasonal forecasting; and (C) to develop, evaluate, and transition artificial intelligence weather, water, and hazard forecasting applications to operations. (2) Co-investment.--Subject to applicable law, the Under Secretary may consider and adopt novel co-investment strategies with the private, academic, and international sectors to carry out paragraph (1), including-- (A) non-Federal Government contributions to resource and support high-risk, high-return research and development in environmental forecasting, data science, artificial intelligence, and related fields; (B) shared rights to intellectual property from research and development activities under this subsection; and (C) other approaches to sharing resources and results under this subsection. (g) Availability of Dataset.-- (1) In general.--The Under Secretary shall develop and implement a plan to make available to the public, at no cost and subject to applicable law and policy, the following: (A) Operational artificial intelligence weather models developed by the National Oceanic and Atmospheric Administration. (B) Artificial intelligence weather models that are not operational models, including experimental and developmental models, as the Under Secretary determines appropriate. (C) Applicable information and documentation for artificial intelligence weather models described in subparagraphs (A) and (B), including a description of intended model outputs. (D) Subject to subsection (i), all data owned by the Federal Government and data that the Under Secretary has the legal right to redistribute that are associated with artificial intelligence weather models made available to the public pursuant to the plan and used in operational forecasting by the Administration, including-- (i) relevant metadata; and (ii) data used for operational artificial intelligence weather models used by the Administration. (2) Accommodations.--In developing and implementing the plan under paragraph (1), the Under Secretary may make such accommodations as the Under Secretary considers appropriate to ensure that the public release of any artificial intelligence weather model, information, documentation, or data pursuant to the plan does not jeopardize-- (A) national security; (B) intellectual property or redistribution rights, including under titles 17 and 35, United States Code; (C) any trade secret or commercial or financial information subject to section 552(b)(4) of title 5, United States Code; (D) any models or data that are otherwise restricted by contract or other written agreement; or (E) the mission of the Administration to protect lives and property. (3) Report.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, the Under Secretary shall submit to Congress a report, in both unclassified and classified form, regarding the risks to the economic and intellectual security of the United States from foreign countries of concern through access by those countries to weather data in the United States. (B) Elements.--The report required under subparagraph (A) shall include-- (i) a full analysis of the national, intellectual, and economic security implications for the United States with respect to intellectual property theft or cyber or human espionage through access to weather data; and (ii) conclusions of the Under Secretary and recommendations for legislative and administrative action, if any. (C) Foreign country of concern defined.--In this paragraph, the term "foreign country of concern" has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651). (h) Retention of Federal Government Expertise.--Subject to applicable law, the Under Secretary may consider novel methods to recruit, retrain, and retain expert personnel to support activities under this section, including by-- (1) using methods to be competitive with salaries outside the Federal Government; (2) developing staff exchange programs and training programs; and (3) leveraging applicable hiring and retention strategies authorized for Federal departments and agencies. (i) Protection of National Security Interests.-- (1) In general.--Notwithstanding any other provision of this section, the Under Secretary, in consultation with the Secretary of Defense, as appropriate, may withhold models or data used under this section if the Under Secretary determines doing so to be necessary to protect the national security interests of the United States. (2) Rule of construction.--Nothing in this section shall be construed to supersede any other provision of law governing the protection of the national security interests of the United States. (j) Authorization of Appropriations.--There is authorized to be appropriated to the Under Secretary to carry out this section-- (1) for fiscal year 2027, $105,000,000; and (2) for each of fiscal years 2028 through 2031, $25,000,000. SEC. 216. COMPOSITION OF THE ATMOSPHERE AND ATMOSPHERIC OBSERVATIONS. (a) Assessments.--Not later than 2 years after the date of the enactment of this Act, the Under Secretary shall submit to the appropriate committees of Congress a report that includes the following: (1) An identification of Federal observation capabilities and data gaps related to the composition of Earth's atmosphere, including the troposphere and stratosphere. (2) An analysis of Federal efforts that advance scientific understanding of the effects on the Earth's radiation budget of direct or indirect actions that may change the composition of Earth's atmosphere. (3) The current and projected use of ground-based, space-based, and maritime-based remote and in situ sensing capabilities, autonomous and manned aerial platforms, and other commercially available technologies and platforms of opportunity to accelerate research and increase observations and monitoring of Earth's atmosphere. (4) Recommendations for the adaptation or expansion of technologies and platforms identified under paragraph (3). (5) An identification and prioritization of additional observation and analysis capabilities needed to ensure comprehensive monitoring that detects future changes in atmospheric composition. (b) Considerations.--In preparing an assessment required by subsection (a), the Under Secretary shall consider and use, as appropriate, reports and studies conducted by Federal departments and agencies, the National Research Council, or other entities. (c) Pilot Projects.-- (1) In general.--The Under Secretary may conduct pilot projects of atmospheric composition observational systems and platforms including-- (A) the use of atmospheric observing instruments on commercial and uncrewed aircraft; (B) the use of atmospheric and oceanic observing instruments on uncrewed ocean surface platforms or deployed on commercial or other nondedicated ocean vessels; and (C) in situ observation capability to conduct regular atmospheric observations of the troposphere and stratosphere. (2) Consultation and coordination.--The Under Secretary shall consult and coordinate with relevant Federal departments and agencies to develop processes for the appropriate deployment of systems and platforms pursuant to pilot projects conducted under paragraph (1). (d) Authority To Enter Into Agreements.--Notwithstanding any other provision of law, the Under Secretary may enter into agreements, to the extent necessary to carry out this section, with governmental and nongovernmental entities-- (1) for the purchase of atmospheric composition data from commercial providers; (2) for the hosting of observational instruments on government or private platforms; and (3) to leverage data from international platforms as appropriate. (e) Definition of Appropriate Committees of Congress.--In this section, the term "appropriate committees of Congress" means-- (1) the Committee on Science, Space, and Technology of the House of Representatives; and (2) the Committee on Commerce, Science, and Transportation of the Senate. SEC. 217.

Text printed in the Record (11,585 characters)

PROJECT TO IMPROVE FORECASTS OF COASTAL MARINE FOG. (a) In General.--The Under Secretary shall conduct a project to improve forecasts of coastal marine fog. (b) Goal.--The goal of the project required under subsection (a) is to enhance vessel safety and reduce the economic impact of coastal marine fog events, with a focus on-- (1) increasing the number of marine-based observations through additional Federal platforms and commercially acquired observations in locations where impacts from marine fog and reduced visibility have major safety and economic impacts, including through the use of-- (A) buoys; (B) meteorological stations measuring visibility, temperature, dewpoint, and wind speed and direction as a stand-alone or co-located with water level sensors, such as those that are part of the physical oceanographic observation system program of the National Oceanic and Atmospheric Administration; (C) stationary platforms or drifting instruments; (D) vessels; (E) unmanned systems; (F) remote sensing technologies, including rapid refresh hyperspectral satellite imagery; and (G) advanced algorithms that extract actionable information from observational data, including early detection and regular monitoring of marine fog; (2) advancing geographic coverage, resolution, skill, and accuracy of marine fog modeling, including, when feasible, additional locations and advancements in marine channel forecast capability; (3) improving communication of marine fog advisories by the National Oceanic and Atmospheric Administration; (4) communicating risks posed by hazardous marine fog events in a way that maximizes informed decision making by the public; and (5) providing decision support services based on environmental information that is actionable to the recipient of a marine fog advisory. (c) Stakeholder Engagement.--In implementing the project required under subsection (a), the Under Secretary shall meet with public and private stakeholders regarding the planning, development, and implementation of the project. (d) Tribal Engagement.--The Under Secretary shall meet with Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) regarding the planning, development, and implementation of the project required under subsection (a). (e) Project Plan.--Not later than 1 year after the date of the enactment of this Act, the Under Secretary shall develop a plan for the project required under subsection (a) that details the specific research, development, and technology transfer activities, as well as corresponding resources and timelines, necessary to achieve the goal set forth under subsection (b). SEC. 218. MODERNIZATION OF NWS ALERTING SYSTEMS. (a) In General.--Subject to the availability of appropriations, the Director of the National Weather Service shall improve the accessibility, onboarding, and functionality of National Weather Service alerting services, such as the Interactive National Weather Service or any successor system. (b) Consultation.--In carrying out this section, the Under Secretary shall consult with core partners, including public safety officials, schools, camps, and outdoor recreation providers. (c) Modernization.--The improvements required under this section shall include-- (1) enhanced access to geographically targeted severe weather notifications through existing communication channels, including text and email; (2) the ability to integrate the National Weather Service alerts into external communication systems through application programming interfaces, or similar tools; and (3) enhancements to existing platforms and services to better support core partners responsible for public safety. TITLE III--COMMERCIAL WEATHER AND ENVIRONMENTAL OBSERVATIONS SEC. 301. COMMERCIAL DATA PROGRAM. Section 302 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8532) is amended to read as follows: "SEC. 302. COMMERCIAL DATA PROGRAM. "(a) Sense of Congress.--It is the sense of Congress that operational data acquired by the National Oceanic and Atmospheric Administration through the Commercial Data Program established under subsection (b) that supports life and property should be licensed for free, unrestricted, and open redistribution to serve the public, scientific, and commercial sectors. "(b) Program Establishment.--The Under Secretary, in coordination with the heads of appropriate offices of the National Oceanic and Atmospheric Administration, shall maintain a program, to be known as the `Commercial Data Program', to coordinate and execute acquisition of weather and environmental data and services from private sector entities for operational use. "(c) Program Elements.--The Under Secretary may acquire satellite, ground-based, airborne, or marine-based in situ, remote sensing, or crowd-sourced data and services for operational use relating to weather and environmental forecasting and modeling. "(d) Coordination and Collaboration.--The Under Secretary shall ensure the Commercial Data Program coordinates, collaborates, and ensures access to data across the Administration, including among the following: "(1) The National Mesonet Program. "(2) The Aircraft Based Observation Program. "(3) The National Integrated Drought Information System, including the National Coordinated Soil Moisture Monitoring Network. "(4) The National Integrated Flood Information System. "(5) The U.S. Integrated Ocean Observation Program, including existing regional associations. "(6) The Global Ocean Monitoring and Observing Program. "(7) The National Data Buoy Center. "(8) The Uncrewed Systems Operation Center. "(9) The Ocean Exploration Program. "(10) Any other program or office the Under Secretary determines appropriate. "(e) Standards and Specifications.--Not later than 180 days after the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026 and on a continuous basis thereafter, the Under Secretary shall publish data, metadata, and service standards and specifications required for acquired observation services and data for use, licensing, and attribution to ensure quality, impact, and compatibility of such services and data with National Oceanic and Atmospheric Administration modeling capabilities, meteorological situational awareness, and forecasting. "(f) Prioritization.--In acquiring data and services from private sector entities, the Under Secretary shall prioritize obtaining surface-based, airborne-based, space-based, and coastal- and ocean-based data, metadata, and services for operational use from entities that participate in the Commercial Data Pilot Program under section 303 or other programs of the National Oceanic and Atmospheric Administration that acquire commercial data or observations. "(g) NOAA Observing Systems and Fleet Councils.-- "(1) In general.--The Under Secretary shall maintain the Observing Systems Council, or successor program, and the Fleet Council of the National Oceanic and Atmospheric Administration (in this subsection collectively referred to as the `Councils') to provide strategic recommendations and guidance regarding the prioritization, design, development, acquisition, upgrading, lifecycle, performance monitoring, and retiring of major components of observing systems and portfolios, including related to the acquisition of commercial weather and environmental data and services. "(2) Line office coordination.--The Councils shall ensure coordination and adherence to uniform policies by providing guidance to all line offices of the National Oceanic and Atmospheric Administration engaged in observing systems portfolio design, technology, development, execution, and operation. "(h) Data and Hosted Payloads.--Notwithstanding any other provision of law, the Secretary of Commerce may enter into agreements relating to the following: "(1) The purchase of weather and environmental data and services through contracts with private sector data and service providers. "(2) The placement of weather instruments on co-hosted Federal, international, or private space, airborne, maritime, or ground platforms. "(i) Ombudsman.--The Under Secretary shall establish or designate at least one Ombudsman position within the Commercial Data Program to implement the recommendations of the Observing Systems Council under subsection (g) related to commercial weather and environmental data and services acquisitions. Such an Ombudsman shall act as the liaison between private sector data and service providers and the National Oceanic and Atmospheric Administration with respect to receiving recommendations and resolving issues related to engagement, testing, contracting, or other areas related to the Administration's efforts to acquire commercial weather and environmental data and services. "(j) Report.--Not later than 2 years after the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026, the Under Secretary shall submit to the Committee on Science, Space, and Technology and the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report evaluating the activities and needed authorities related to data governance and management practices, including acquisition, collection, documentation, quality control, validation, reprocessing, storage, retrieval, dissemination, and long-term preservation activities across all National Oceanic and Atmospheric Administration line, staff, and corporate offices. "(k) Briefing and Report.--If the Under Secretary determines that the data described in subsection (b) cannot be made accessible for free, unrestricted, and open redistribution under licensing agreements, the Under Secretary shall-- "(1) provide a briefing to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate, not later than 45 days after each such determination, that includes-- "(A) a description of the data covered by the determination; "(B) the justification for such determination, including any impacts on operational performance, mission requirements, cost effectiveness, cybersecurity, latency, continuity of operations, or data quality requirements; and "(C) a description of any limitations on access, use, or redistribution of such data, and, if practicable, estimated costs to remove those limitations; and "(2) submit an annual report to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate that includes-- "(A) a comprehensive analysis of the cumulative information provided from all briefings under paragraph (1); and "(B) an assessment of the availability of alternative data sources and whether such data sources would degrade operational capability or mission performance.". SEC. 302. COMMERCIAL DATA PILOT PROGRAM. Section 303 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8533) is amended to read as follows: "SEC. 303.

Text printed in the Record (11,188 characters)

COMMERCIAL DATA PILOT PROGRAM. "(a) Program Establishment.--Within the Commercial Data Program under section 302, there shall be, to the maximum extent practicable, a pilot program, to be known as the `Commercial Data Pilot Program', to engage with external partners and providers to test and develop shared standards and methodologies for quality, use, licensing, and attribution of observation services and data, and to ensure quality, impact, and compatibility of such services and data with National Oceanic and Atmospheric Administration modeling capabilities, meteorological situational awareness, and forecasting. "(b) Authorization for Test and Evaluation.--The Commercial Data Pilot Program is authorized to test and evaluate all sources and types of observation services, imagery, products, and data from private sector entities, including new and innovative surface-based, airborne-based, space-based, and coastal- and ocean-based data, metadata, and model components. "(c) Criteria.--The Under Secretary shall ensure that data acquired through the Commercial Data Pilot Program meet the most recent standards and specifications, as published pursuant to section 302(e), required for observation services and data. "(d) Pilot Contracts.--The Under Secretary shall, through an open competition, regularly enter into pilot contracts with private sector entities capable of providing observation services and data referred to in subsection (a) that meet the standards and specifications published pursuant to section 302(e) for providing such services and data in a manner that allows the Under Secretary to calibrate and evaluate such services and data for use in National Oceanic and Atmospheric Administration activities. "(e) Assessment of Viability.--The Under Secretary shall annually assess and submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a summary of the pilot contracts entered into pursuant to subsection (d), an assessment of the extent to which such contracts meet the standards and specifications published pursuant to section 302(e), and any additional information determined necessary related to the following: "(1) The viability of assimilating observation data and integrating services from private sector entities into National Oceanic and Atmospheric Administration forecasts and models. "(2) The expected value added or improvements from such services and data if assimilated into models and integrated into National Oceanic and Atmospheric Administration forecasts and models. "(3) The accuracy, quality, timeliness, validity, reliability, usability, information technology security, and cost-effectiveness of obtaining observation services and data from private sector entities. "(4) If the Under Secretary determines it is viable to assimilate observation data and integrate such services into the forecasts and models of the National Oceanic and Atmospheric Administration, not later than 1 year after the date of the determination, the steps to integrate such services and data into operational use by the National Oceanic and Atmospheric Administration and any associated challenges in doing so. "(f) Obtaining Future Data.--If an assessment under subsection (e) demonstrates the ability of services and data from private sector entities to meet the standards and specifications published pursuant to section 302(e), the Under Secretary shall-- "(1) when cost effective and feasible, obtain observation services and data from private sector entities through the Commercial Data Program under section 302, provided such services and data are consistent with mission requirements and continuity of operations; "(2) as early as possible in the acquisition process for any future National Oceanic and Atmospheric Administration satellite system, determine whether there is a suitable cost effective, commercial capability available or that will be available to meet applicable instrument, spacecraft, or system requirements before completion of the critical design phase of such planned satellite system; "(3) if the Under Secretary determines under paragraph (2) that a suitable cost effective, commercial capability is or will be available, determine whether and how such capability is in the national interest if developed as a solely governmental system; and "(4) submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing any determinations made under paragraphs (2) and (3).". SEC. 303. CONTRACTING AUTHORITY AND AVOIDANCE OF DUPLICATION. Title III of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8531 et seq.) is amended by adding at the end the following: "SEC. 304. CONTRACTING AUTHORITY AND AVOIDANCE OF DUPLICATION. "(a) In General.--Consistent with the authorities of other Federal departments and agencies that contract and partner with private sector entities, including under section 3903 of title 41, United States Code, the Under Secretary is authorized to use contracting mechanisms and enter into agreements that use multiyear contract options. In carrying out sections 302 and 303, the Under Secretary shall, to the greatest extent possible-- "(1) enter into year-long or multiyear contracts using contracting mechanisms that foster resiliency of service and data purchased; "(2) partner and contract with multiple observation service and data providers simultaneously to reduce risks of data gaps and improve mission robustness; and "(3) use authorities, such as additional forms of transaction agreements under section 301(d), that allow for innovative partnerships with private sector entities. "(b) Savings Clause.--Nothing in this title may be construed as infringing on the acquisition authority or strategy of Federal entities authorized under title 10, United States Code. "(c) Unnecessary Duplication.--In meeting the requirements under this title, the Under Secretary shall avoid unnecessary duplication between the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, other Federal departments and agencies, and private sector entities, including relating to corresponding expenditures of funds and employment of personnel by-- "(1) coordinating existing activities with other civilian Federal departments and agencies that provide, contract, or partner with private sector entities to acquire weather and environmental observations and data; and "(2) coordinating and soliciting weather and environmental observations and data requirements and needs from other civilian Federal departments and agencies to be acquired by the Commercial Data Program under section 302. "(d) Fair Compensation for Interagency Needs.--The Under Secretary, to the maximum extent practicable, shall ensure that Federal departments and agencies utilizing services and data under sections 302 and 303 fairly compensate the National Oceanic and Atmospheric Administration, or the non-Federal entities providing such services or data, as appropriate, for use.". SEC. 304. DATA ASSIMILATION, MANAGEMENT, AND SHARING PRACTICES. Title III of the Weather Research and Forecasting Innovation Act of 2017, as amended by section 303 of this Act, is further amended by adding at the end the following: "SEC. 305. DATA ASSIMILATION, MANAGEMENT, AND SHARING PRACTICES. "(a) Data Standards.--The Under Secretary, in collaboration with the weather enterprise, shall seek to establish consistent and open data and metadata standards to support open science, including simple cloud-optimized data formats and application programming interfaces that support findability, accessibility, usability, and preservability. "(b) Data Infrastructure.-- "(1) In general.--The Under Secretary, in consultation with the Chief Information Officer and appropriate program heads, shall consolidate and arrange data infrastructure needs to ensure efficient and effective data transfer between National Oceanic and Atmospheric Administration offices by considering the use of commercial cloud technologies, or similar hybrid structures, to host and transmit data and metadata. "(2) Federal partnerships.--In carrying out paragraph (1), the Under Secretary may partner with the heads of other Federal departments and agencies, including the National Aeronautics and Space Administration, the Department of Energy, the United States Space Force, the United States Coast Guard, the United States Navy, the Federal Aviation Administration, the United States Forest Service, the Environmental Protection Agency, the National Science Foundation, and the United States Geological Survey, to co-locate data with joint utility and support a transition to cloud architectures, including commercial cloud networks. "(3) Long-term data archive.--The Under Secretary shall ensure the long-term management, maintenance, and stewardship of archival data and metadata acquired through the Commercial Data Program under section 302 is conducted within the National Centers for Environmental Information. "(c) Data Sharing With the Weather Enterprise.-- "(1) In general.--To the greatest extent practicable, the Under Secretary shall-- "(A) continue to ensure the delivery of data through sound and robust infrastructure, such as data sharing capabilities of the industry proving grounds that collaboratively develop and test tailored products and services for the private sector; and "(B) make accessible to members of the weather enterprise data that is-- "(i) not subject to redistribution contract permissions; or "(ii) purchased through the Commercial Data Program under section 302 or shared through international government partners. "(2) Data assimilated into models or forecasts.--If data described in paragraph (1)(B) are required to be assimilated into numerical weather prediction models or automated forecast guidance to satisfy terms of a redistribution contract, the Under Secretary shall make accessible without delay the numerical weather prediction model or automated forecast guidance output, as the case may be. "(d) Data Assimilation.-- "(1) In general.--The Under Secretary, in coordination with the Commercial Data Program under section 302, the National Centers for Environmental Prediction, the National Centers for Environmental Information, the Office of Oceanic and Atmospheric Research, and any other relevant offices within the National Oceanic and Atmospheric Administration, shall establish a program to test, advance, and implement data assimilation methods, which may include artificial intelligence, machine learning, data pre- and post-processing, efficient input and output, and next-generation algorithms. "(2) Data assimilation university consortium.-- "(A) In general.--Through the program established pursuant to paragraph (1), the Under Secretary shall establish a consortium consisting of institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C.

Text printed in the Record (11,383 characters)

1001)) to address critical research challenges for data assimilation and foster a growing data assimilation workforce. "(B) Functions.--The consortium established under subparagraph (A) shall seek-- "(i) to solve critical research issues relating to data assimilation through innovative research; "(ii) to increase significantly the number of students, including graduate-level students, in data assimilation; "(iii) to use modern software and frameworks, such as the Joint Effort for Data Assimilation Integration, or emerging technologies, such as artificial intelligence and machine learning techniques, to conduct data assimilation research and development and facilitate research-to-operations efforts to improve weather modeling and prediction; "(iv) to identify and prioritize critical research areas in data assimilation and facilitate operations-to-research efforts; "(v) to establish and enable an effective collaboration infrastructure between National Oceanic and Atmospheric Administration facilities, such as laboratories, centers, or joint agency institutes, and the research community, including a mechanism for external partners to host Administration employees; and "(vi) to establish mechanisms to enable all members of the consortium to archive and access data required to support the work under this subsection. "(3) Coordination.--In carrying out this subsection, the Under Secretary shall ensure the National Oceanic and Atmospheric Administration and its associated activities focus on research-to-operations and operations-to-research efforts, including by coordinating and collaborating with the Joint Center for Satellite Data Assimilation. "(4) Data assimilation, management, and sharing practices security.--The activities authorized under this subsection shall be conducted in a manner consistent with subtitle D of title VI of the Research and Development, Competition, and Innovation Act (division B of Public Law 117-167; 42 U.S.C. 19231 et seq.). "(e) Study on Data Management.-- "(1) In general.--Subject to the availability of appropriations, the Under Secretary shall, not later than 90 days after the date of enactment of this section, seek to enter into an agreement with a non-Federal entity to conduct a study on matters concerning data practices and management needs at the National Oceanic and Atmospheric Administration. "(2) Elements.--In conducting the study under paragraph (1), the outside entity shall-- "(A) assess the costs and benefits of current data management needs for observational and operational mission requirements; "(B) develop recommendations regarding how to make the data portfolio of the National Oceanic and Atmospheric Administration more robust and cost effective; "(C) identify data infrastructure technologies and needs that are essential to the performance of modeling systems of the Administration; "(D) assess the sharing needs and practices of the Administration for both internal and external dissemination; "(E) develop recommendations for methods of data infrastructure sharing, including data purchased from the commercial sector; and "(F) develop recommendations for data standards, formats, and protocols to support artificial intelligence and machine learning techniques. "(3) Authorization of appropriations.--There is authorized to be appropriated $1,000,000 to carry out the study under paragraph (1) to remain available until expended.". SEC. 305. CLERICAL AMENDMENT. The table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 is amended by striking the items relating to sections 302 and 303 and inserting the following: "Sec. 302. Commercial Data Program. "Sec. 303. Commercial Data Pilot Program. "Sec. 304. Contracting authority and avoidance of duplication. "Sec. 305. Data assimilation, management, and sharing practices.". SEC. 401. DEFINITIONS. In this title: (1) Hazardous weather or water events.--The term "hazardous weather or water events" means weather or water events that have a high risk of loss of life or property, including the following: (A) Severe storms, such as hurricanes and short-fused, small-scale hazardous weather or hydrologic events produced by thunderstorms, including large hail, damaging winds, tornadoes, and flash floods. (B) Winter storms, such as freezing or frozen precipitation (including freezing rain, sleet, and snow), or combined effects of freezing or frozen precipitation and strong winds. (C) Other weather hazards, such as extreme heat or cold, wildfire, drought, dense fog, high winds, and river, coastal, or lakeshore flooding. (2) Institution of higher education.--The term "institution of higher education" has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Public cloud.--The term "public cloud" means an information technology model in which service providers make computing services, including compute and storage and develop-and-deploy environments and applications, available on-demand to organizations and individuals over the public internet or other means that allows for the widest dissemination of information. (4) Watch; warning.-- (A) In general.--The terms "watch" and "warning", with respect to a hazardous weather or water event, mean products issued by the National Oceanic and Atmospheric Administration, intended for consumption by the general public, to alert the general public to the potential for or presence of such event and to inform action to prevent loss of life or property. (B) Exception.--The terms "watch" and "warning" do not include technical or specialized meteorological or hydrological forecasts, outlooks, or model guidance products. SEC. 402. HAZARDOUS WEATHER OR WATER EVENT RISK COMMUNICATION. (a) In General.--The Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather or water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property. (b) Hazard Risk Communication Improvement and Simplification.-- (1) In general.--The Under Secretary shall maintain a hazard risk communication program (in this subsection referred to as the "program"), for the purposes of simplifying and improving the communication of hazardous weather or water event risks. (2) Terminology.--The program, in coordination with social, behavioral, risk communication, and economic science community and user feedback, shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather or water event communications and add new terminology, as appropriate. (3) Communications improvement.--The program shall improve the form, content, and methods of communications of hazardous weather or water events to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations.--The program shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which communications of hazardous weather or water events inform action and encourage response. (5) Support plan.--The program shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of communications of hazardous weather or water events conducted under paragraph (4). (6) Recommendations.--In carrying out this subsection, the program shall develop and implement recommendations that-- (A) are based on the best and most recent understanding from social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science, taking into account the importance of methods that support reproduction and replication of scientific studies, use of rigorous statistical analyses, and, as applicable, data analysis supported by artificial intelligence and machine learning technologies; (C) account for the needs of various demographics and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating Federally operated watches and warnings; (G) account for artificial intelligence capabilities, including models specifically trained on weather terminology, that enable efficient and accurate communication to the public; and (H) account for the need for enhanced or earlier communication of a hazardous weather event to inform action and encourage response when the event impacts a geographic area where the event is historically abnormal. (7) Coordination.--The program shall coordinate with-- (A) Federal partners, including National Laboratories, cooperative institutes, and regional integrated sciences and assessments programs; (B) State and local government partners; (C) Indian tribes; (D) institutions of higher education; and (E) media partners. (8) Timeliness and consistency.--The program shall develop best practices and guidance for ensuring timely and consistent communication across public-facing platforms that disseminate hazardous weather or water event information. (c) Weather Coordination Meteorologist.--Section 405 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8545) is amended-- (1) in subsection (a)(1), by inserting "and one warning coordination meteorologist at the National Centers for Environmental Information" after "weather forecast office of the National Weather Service"; (2) in subsection (c)(1), by striking ", consistent with the analysis described in section 409,"; and (3) in subsection (c)(1)(A)-- (A) by inserting "or, if not employed at a weather forecast office, to the area or functions assigned by the Director," after "employed"; and (B) by striking "National Weather Service" and inserting "National Oceanic and Atmospheric Administration". SEC. 403. HAZARD COMMUNICATION RESEARCH AND ENGAGEMENT. (a) In General.--The Under Secretary may maintain, as appropriate, a program to-- (1) modernize the development and communication of risk-based, statistically reliable, probabilistic hazard information, with the goal of informing appropriate responses to hazardous weather or water events; and (2) improve the fundamental social, behavioral, and economic science relating to communications, including by means of collecting voluntary data, regarding hazardous weather or water events. (b) Coordination.--In carrying out the program under subsection (a), the Under Secretary shall coordinate and communicate with-- (1) States, Tribal governments, localities, and emergency managers regarding research priorities and results; and (2) the private sector, as appropriate. (c) Pilot Program for Tornado Hazard Communications.-- (1) In general.--The Under Secretary, in coordination with the VORTEX-USA program under section 103 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C.

Text printed in the Record (10,414 characters)

8513), as amended by section 103 of this Act, and in collaboration with 1 or more eligible institutions (or consortia thereof), shall establish a pilot program for tornado hazard communications to test incorporation of research into operations with respect to tornadoes. (2) Merit-based process.--Amounts under the pilot program under paragraph (1) shall be awarded to eligible institutions through a merit-based competitive process. (3) Eligible institution defined.--In this subsection, the term "eligible institution" means any of the following: (A) An institution that is frequently subjected to severe weather, such as tornadoes, hurricanes, and floods. (B) An institution of higher education in close proximity to a Weather Forecast Office of the National Weather Service. (d) Study for Hurricane Hazard Communication.-- (1) In general.--The Under Secretary, in coordination with the hurricane forecast improvement program under section 104 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8514), as amended by section 104 of this Act, and in collaboration with 1 or more eligible institutions (or consortia thereof), shall enter into an agreement with an appropriate entity, as determined by the Under Secretary, to conduct a study using a mixed methods approach, including surveys, focus groups, and interviews, to gather information from hurricane-prone population areas regarding the levels of preparedness of such areas for hurricanes or in response to early forecasts and warnings of the National Oceanic and Atmospheric Administration. (2) Elements.--The pilot study required under paragraph (1) shall evaluate the following: (A) Possession of disaster supplies. (B) Evacuation decisions. (C) Levels of trust of tropical cyclone information and hurricane path prediction from various sources. (D) Access to tropical cyclone and hurricane forecasts and warnings in the first language of each individual interviewed as part of the pilot study. (E) Any reasoning or deliberation by the individuals interviewed as part of the pilot study that may hinder the ability or willingness of the individuals to evacuate. (3) Additional criteria.--The Under Secretary shall publish the methodology of the study described in paragraph (1) on a publicly accessible website of the National Oceanic and Atmospheric Administration. (4) Eligible institution defined.--In this subsection, the term "eligible institution" means any of the following: (A) An institution of higher education, nonprofit organization, or other institution located in a jurisdiction eligible to participate in the program under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g). (B) An institution of higher education, nonprofit organization, or other institution located in proximity to a Weather Forecast Office of the National Weather Service. (e) Hurricane Social, Behavioral, and Economic Sciences.-- (1) In general.--The Under Secretary shall carry out research and development activities to improve how the public receives, interprets, responds to, and values hurricane forecasts and warnings. (2) Elements.--In conducting activities under paragraph (1), the Under Secretary shall-- (A) consider the results from the study carried out under subsection (d); (B) conduct a comprehensive review of the manner by which the public receives, interprets, responds to, and makes decisions regarding hurricane forecasts and warnings, including-- (i) how weather observations, downstream models, and processes affect the decision tools or products derived from hurricane forecasts and warnings; (ii) how hurricane forecasts and warnings generated by decision tools and products are used by emergency managers, governments, and other users to benefit the public and stakeholder groups; (iii) how past experiences with hurricanes impact the decision making of the general public; (iv) how the source of such hurricane forecasts and warnings affects interpretation; (v) how tropical cyclone forecasts and warnings are received and interpreted by the general public; (vi) how understanding of and response to hurricane forecasts and warnings varies across demographic groups, including the elderly and people with disabilities; (vii) the effect of language barriers on the accessibility of hurricane forecasts and warnings; and (viii) how understanding of and response to such hurricane forecasts and warnings varies across geographic areas, including rural, urban, and suburban areas; (C) identify communication data gaps based on the review conducted pursuant to subparagraph (B); (D) carry out research, including data collection and baseline assessments, in coordination with the hurricane forecast improvement program under section 104 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8514), as amended by section 104 of this Act, to evaluate and quantify the economic value of extending lead times of tropical cyclone and hurricane forecasts and watches and warnings; (E) use the post-storm surveys, in addition to studies and assessments conducted under section 406 of this Act, to conduct retrospective or ex ante assessments of previous hurricane forecasts and warnings to better understand the key components of such forecasts and watches and warnings that affected actions or initiated behavior changes; (F) conduct cost-benefit analyses of forecasts and watches and warnings improvement alternatives developed through the hurricane forecast improvement program under section 104 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8514), as amended by section 104 of this Act; and (G) identify and conduct assessments of the risk to the elderly for pre-, during, and post-storm periods in regions and communities with significant elderly populations, including retirement communities. SEC. 404. NOAA WEATHER RADIO. (a) In General.--The Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8501 et seq.) is amended by adding at the end the following: "SEC. 701. NOAA WEATHER RADIO. "(a) In General.--The Under Secretary shall establish or maintain a nationwide weather radio network, to be known as `NOAA Weather Radio', that-- "(1) broadcasts weather information, including emergency weather watches, warnings, information regarding geological hazards, and other hazard information; "(2) operates 24 hours a day, 7 days a week; and "(3) is resilient to emergency hazards, such as loss of power and cellular service. "(b) Coverage and Reliability.--The Under Secretary shall ensure the reliability of NOAA Weather Radio by-- "(1) maintaining support for existing systems before any new technology is implemented, especially those serving areas not covered by or having poor quality cellular service; and "(2) ensuring consistent maintenance and operations monitoring, with timely repairs to broadcast transmitter site equipment and antennas, including transmitter site equipment and antennas located in remote areas subject to an elevated risk of severe weather events. "(c) Modernization Initiative.-- "(1) In general.--To the maximum extent practicable, the Under Secretary shall expand the coverage of and modernize NOAA Weather Radio to ensure it remains valuable to the public, including by-- "(A) improving those methods of communicating the risks posed by hazardous weather or water events to the public that are most likely to result in informed decision making regarding the mitigation of such risks; "(B) improving communication of hazardous weather warnings and the urgency of such warnings to areas that experience a high frequency of such warnings; "(C) enhancing the ability to amplify non-weather emergency messages for the integrated public alert and warning system, or successor system, under section 1756 of the Homeland Security Act of 2002 (6 U.S.C. 321o-1) through NOAA Weather Radio, as necessary; "(D) acquiring additional transmitters as determined appropriate to expand coverage to-- "(i) areas at high risk for rapid onset weather disasters that require short-fuse warnings; "(ii) communities without-- "(I) mobile broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations (or a successor regulation)) and as depicted by a map created under section 802(c)(1)(C) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)(C)); "(II) State or local emergency warning systems; or "(III) satellite service; and "(iii) Federal lands, such as land in the National Park System or the National Forest System and National Recreation Areas; "(E) adding the capability to disseminate NOAA Weather Radio alerts-- "(i) by satellite; or "(ii) through the cloud or by means of any other emerging technology that satisfies the requirements of this section; and "(F) conducting research and development to modernize geographically specific warnings, including expanding NOAA Weather Radio capabilities for geographic specificity, such as partial county alerting. "(2) Elements.--In carrying out paragraph (1), the Under Secretary shall-- "(A) upgrade telecommunications infrastructure of NOAA Weather Radio to accelerate the transition of broadcasts to internet protocol-based communications over non-copper media; "(B) accelerate software upgrades to the Advanced Weather Interactive Processing System, or any relevant system successors, in order to implement partial county notifications and alerts; "(C) enhance accessibility and usability of data and feeds of NOAA Weather Radio with feedback from relevant stakeholders, including the private sector; "(D) develop options, including satellite backup capability and commercial provider partnerships, for continuity of service of NOAA Weather Radio in the event of an outage at a weather forecast office; "(E) research and develop alternative options to transmit NOAA Weather Radio signals to transmitters that are remote or do not have internet protocol capability; "(F) transition critical applications to the Integrated Dissemination Program, or any relevant program successors; "(G) prohibit the purchase of equipment for upgrades for NOAA Weather Radio from companies or entities based in a foreign country of concern (as such term is defined in section 10638 of the Research and Development, Competition, and Innovation Act (42 U.S.C.

Text printed in the Record (11,772 characters)

19237)); "(H) work with the General Services Administration, and other relevant agencies, to develop new, alternative, or updated expedited mechanisms to secure priority space capacity, such as leased land and tower space, for NOAA Weather Radio critical infrastructure, including transmitters and antennas that are best suited for the national security and public safety missions of NOAA Weather Radio; and "(I) establish minimum continuity-of-service standards for NOAA Weather Radio transmitters serving areas subject to an elevated risk of severe weather events. "(3) Priority.--In carrying out paragraph (1), the Under Secretary shall prioritize practices, capabilities, and technologies recommended in accordance with the assessment under subsection (d) to maximize the accessibility of NOAA Weather Radio, particularly in areas of the United States described in paragraph (1)(D)(i). "(d) Assessment for Management and Distribution.-- "(1) In general.--Not later than 1 year after the date of the enactment of this section, the Under Secretary shall complete an assessment of access to NOAA Weather Radio. "(2) Elements.--In conducting the assessment required under paragraph (1), the Under Secretary shall take into consideration and provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate recommendations regarding the following: "(A) Input from relevant stakeholders within the weather enterprise including third-party platforms that provide online services, such as websites and mobile device applications. "(B) The manner by which existing or new Administration management systems may promote consistent, efficient, and compatible access to NOAA Weather Radio. "(C) The ability of the National Oceanic and Atmospheric Administration to aggregate real-time broadcast feeds at one or more central locations, as a redundancy to the broadcast feed from the nearest weather forecast office. "(D) Effective coordination between agencies with responsibilities relating to emergencies and natural disasters. "(E) The potential effects of an electromagnetic pulse or geomagnetic disturbance on NOAA Weather Radio. "(e) Short-fuse Warning Defined.--In this section the term `short-fuse warning' means a warning issued for a local weather hazard of relatively short duration, such as a tornado, severe thunderstorm, or flash flood. "(f) Authorization of Appropriations.--There are authorized to be appropriated to the Under Secretary-- "(1) for each of fiscal years 2027 through 2031, $25,000,000 to operate NOAA Weather Radio under subsections (a) and (b); and "(2) for fiscal year 2027, $100,000,000, which shall remain available until expended, to carry out subsections (c) and (d).". (b) Weather Ready All Hazards Award Program.--Section 407 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8546) is-- (1) transferred to title VII of that Act, as added by subsection (a); (2) inserted after section 701 of that Act, as added by subsection (a); and (3) redesignated as section 702. (c) Clerical Amendments.--The table of contents for the Weather Research and Forecasting Innovation Act of 2017 is amended-- (1) by striking the item relating to section 407; and (2) by adding at the end the following: "Sec. 701. NOAA Weather Radio. "Sec. 702. National Oceanic and Atmospheric Administration Weather Ready All Hazards Award Program.". SEC. 405. NATIONAL STANDARDS FOR WEATHER WARNING SYSTEMS IN FLASH FLOOD ZONES. (a) In General.--Subject to the availability of appropriations, the Under Secretary of Commerce for Standards and Technology, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, shall support the development of standards for flash flood emergency alert systems within the 100-year floodplain (as defined in section 100202(a) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4004(a))). (b) Requirements.--If the Under Secretary of Commerce for Standards and Technology supports the development of standards under subsection (a), the Under Secretary of Commerce for Standards and Technology shall ensure that such standards-- (1) meet the needs of communities without-- (A) mobile broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations (or a successor regulation)) and as depicted by a map created under section 802(c)(1)(C) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)(C)); (B) State or local emergency warning systems; or (C) satellite service; and (2) will result in reliable flash flood emergency alert systems, with respect to a 100-year floodplain referred to in subsection (a), especially during hazardous events. (c) Report Required.--If the Under Secretary of Commerce for Standards and Technology supports the development of standards and appropriations are sufficient to carry out subsection (a), the Under Secretary of Commerce for Standards and Technology shall, not later than 2 years after the date of enactment of this Act, submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes a summary of such standards developed under subsection (a). SEC. 406. POST-STORM SURVEYS AND ASSESSMENTS. (a) In General.--The Under Secretary shall perform 1 or more post-storm surveys and assessments following every hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment. (b) Coordination.--The Under Secretary shall coordinate with Federal, State, and local governments, private entities, and relevant institutions of higher education (or a consortium thereof) when conducting post-storm surveys and assessments under this section to optimize data collection, sharing, integration, archiving, and access, as appropriate for research needs. (c) Data Availability.--The Under Secretary shall make the appropriate data obtained from each post-storm survey or assessment conducted under this section available to the public as soon as practicable after conducting each such survey or assessment. (d) Improvement.--In carrying out this section, the Under Secretary shall-- (1) examine the role of uncrewed aerial and marine systems in data collection during post-storm surveys and assessments conducted under this section; (2) identify gaps in tactics and procedures and update such tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; (3) to the maximum extent practicable, increase the number of post-storm community impact studies, particularly among under-observed populations or populations that experience disproportionate impacts from hazardous weather that threatens life and property, including-- (A) surveying individual responses; (B) conducting review of the accuracy of prior risk evaluations; (C) evaluating the efficacy of prior mitigation activity; and (D) gathering survivability statistics; and (4) as appropriate, integrate social, behavioral, and economic sciences elements into existing post-storm surveys and assessments, including elements related to the efficacy of forecast and warning information that was shared with the public, barriers that affected the ability of the public to take action, and any challenges with respect to messaging about the hazardous weather or water event. (e) Support for Employees.--The Under Secretary shall provide access to training, resources, and professional counseling to support the mental health of employees conducting post-storm surveys and assessments under this section. (f) Exemption.--Subchapter I of chapter 35 of title 44, United States Code, shall not apply to the collection of information during a post-storm survey or assessment conducted under this section. SEC. 407. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON ALERT DISSEMINATION FOR HAZARDOUS WEATHER OR WATER EVENTS. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that examines the information technology infrastructure of the National Weather Service, specifically regarding the system for timely public notification via alerts and updates regarding hazardous weather or water events. (b) Elements.--The report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution to the public of notifications via alerts and updates regarding hazardous weather or water events. (3) A determination of the extent to which public notifications via alerts and updates regarding hazardous weather or water events have been delayed and an identification of possible improvements or corrective measures to address delays in the notification process. (4) An assessment of whether collaboration with other Federal departments and agencies, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in public notification via alerts and updates for hazardous weather or water events that may be vulnerable to disruption or failure in the event of communication, technological, or computational failure. (6) The geographical differences in availability and effectiveness of rural systems, including an estimated number of rural areas affected by unreliable or unavailable systems and barriers to obtain or upgrade such systems. SEC. 408. DATA COLLECTION, MANAGEMENT, AND PROTECTION. (a) Data Collection.--The Under Secretary may collect social, behavioral, and economic data, including data relating to Federal communication of hazardous weather or water events and the public response to such communications. Where appropriate, the Under Secretary shall encourage the collection of secondary data, purchase data, or partner with the private sector to obtain data. (b) Data Management.--The Under Secretary shall establish and maintain a central repository system for the National Oceanic and Atmospheric Administration for data related to the communication of and related public response to hazardous weather or water events, including data developed or received pursuant to this title. (c) Protection of Data.--The Under Secretary shall ensure that data is collected, managed, and used by the National Oceanic and Atmospheric Administration in accordance with legal, regulatory, and contractual obligations, including chapter 31 of title 44, United States Code, and the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115-435). (d) Digital Watermarking.--The Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online public notifications of hazardous weather or water events, such as developing digital watermarks. (e) Policies and Procedures.--The Under Secretary shall establish policies and procedures for the collection, archiving, and managing of data related to community response, including the response of affected populations, to hazardous weather or water events.

TITLE V--IMPROVING WEATHER INFORMATION FOR AGRICULTURE AND WATER MANAGEMENT

Text printed in the Record (9,869 characters)

SEC. 501. WEATHER INFORMATION FOR AGRICULTURE AND WATER MANAGEMENT. Section 1762 of the Food Security Act of 1985 (15 U.S.C. 8521) is amended-- (1) by amending subsection (c) to read as follows: "(c) Functions.--The Under Secretary shall-- "(1) conduct and support research to improve understanding of subseasonal to seasonal predictability for temperature, precipitation, and other Earth system variables and applications; "(2) collect and use data to make usable, reliable, and timely foundational forecasts of subseasonal to seasonal temperature and precipitation; "(3) support the advancement of multi-model ensemble forecast systems and forecast verification and evaluation capacity, including by-- "(A) developing advanced coupled data assimilation methods using robust Earth system observational data; "(B) developing improved coupled subseasonal to seasonal ensemble prediction systems; "(C) improving exchanges and interactions between datasets across different models and Earth system observations to increase model accuracy of local relationships between and drivers of ocean, land, snow, and ice observations; and "(D) developing data management strategies to support operations and research activities; "(4) leverage existing research and models from the weather and Earth system enterprises to improve the forecasts under paragraph (2); "(5) accelerate the operationalization of emerging modeling technologies developed to support and assist the cross development of fully coupled subseasonal to seasonal forecast systems, including during collaborations with other agencies and entities; and "(6) determine and provide information on how subseasonal to seasonal temperature and precipitation may relate to-- "(A) droughts; "(B) fires; "(C) tornadoes; "(D) hurricanes; "(E) floods, storm surges, and coastal inundation; "(F) heat waves and marine heat waves; "(G) winter storms, snowpack, and permafrost thaw; "(H) sea ice conditions; and "(I) other high impact weather or relevant weather disasters."; (2) in subsection (d)-- (A) by striking "paragraph (1)" and inserting "paragraph (2)"; and (B) by striking "paragraph (3)" and inserting "paragraph (6)"; (3) by amending subsection (h) to read as follows: "(h) Subseasonal to Seasonal Forecasting Pilot Projects.-- "(1) Establishment.--The Under Secretary shall establish not fewer than 2 pilot projects, in accordance with paragraph (2), within the United States Weather Research Program of the Office of Oceanic and Atmospheric Research of the National Oceanic and Atmospheric Administration to support improved subseasonal to seasonal precipitation forecasts for water and agriculture management in the western and central United States. "(2) Objectives.--In carrying out this subsection, the Under Secretary shall ensure the following: "(A) A pilot project under paragraph (1) addresses key science challenges to improving forecasts and developing related products for water management in the western and central United States, including the following: "(i) Improving operational model resolution, both horizontal and vertical, to resolve issues associated with mountainous terrain, such as intensity of precipitation and relative fraction of rain versus snow precipitation. "(ii) Improving modeling of interstate or cross-boundary water movement and storage through rivers, tributaries, and aquifers with relation to water availability. "(iii) Improving fidelity in the operational modeling of the atmospheric boundary layer in mountainous regions. "(iv) Resolving challenges in predicting winter atmospheric circulation and storm tracks, including periods of blocked versus unblocked flow over the eastern North Pacific Ocean and western United States. "(v) Utilizing outcomes from the atmospheric rivers forecast improvement program under section 205 of the Weather Research and Forecasting Innovation Reauthorization Act of 2026 and the precipitation forecast improvement program under section 603 of the Weather Research and Forecasting Innovation Act of 2017 to produce operational tools and services. "(vi) Improving the quality and temporal and spatial resolution of observations and accurate operational modeling of air-sea interactions, and the influence of oceans on subseasonal to seasonal forecasting. "(B) A pilot project under paragraph (1) addresses key science challenges to improving forecasts and developing related products for agriculture in the central United States, including the following: "(i) Improving the quality and temporal and spatial resolution of observations and accurate operational modeling of the land surface and hydrologic cycle, including soil moisture and flash drought processes. "(ii) Improving fidelity in the operational modeling of warm season precipitation processes. "(iii) Understanding and predicting large-scale upper-level dynamical flow anomalies that occur in spring and summer. "(iv) Improving modeling of interstate or cross-boundary water movement and storage through rivers, tributaries, and aquifers with relation to water availability for agriculture. "(3) Activities.--A pilot project under this subsection shall include activities that-- "(A) implement the recommendations of the 2020 Report of the National Weather Service, entitled `Subseasonal and Seasonal Forecasting Innovation: Plans for the Twenty-First Century', as appropriate; "(B) achieve measurable objectives for operational forecast improvement; and "(C) are carried out in coordination with the Assistant Administrator for the Office of Oceanic and Atmospheric Research and the Director of the National Weather Service. "(4) Sunset.--The authority under this subsection shall terminate on the date that is 5 years after the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026."; and (4) by amending subsection (j) to read as follows: "(j) Authorization of Appropriations.--There are authorized to be appropriated $40,000,000 for each of fiscal years 2027 through 2031 to carry out the activities under this section.". SEC. 502. NATIONAL INTEGRATED DROUGHT INFORMATION SYSTEM. (a) In General.--Section 3 of the National Integrated Drought Information System Act of 2006 (15 U.S.C. 313d) is amended-- (1) in subsection (a), by striking ", through the National Weather Service and other appropriate weather and climate programs in the National Oceanic and Atmospheric Administration,"; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking "and" after the semicolon; (ii) in subparagraph (B), by inserting "and" after the semicolon; and (iii) by adding at the end the following: "(C) incorporates flash drought research and tools to enhance timely response;"; (B) in paragraph (5), by striking "improvements in seasonal precipitation and temperature, subseasonal precipitation and temperature, and low flow water prediction; and" and inserting "support improvements in subseasonal to seasonal precipitation and temperature, and low flow water prediction;"; and (C) by striking paragraph (6) and inserting the following: "(6) continue ongoing research and monitoring activities related to drought, including research activities relating to the prediction, length, severity, and impacts of drought and the role of weather events and subseasonal to seasonal variability in drought; "(7) advance and deploy next-generation technologies related to drought, such as monitoring, preparedness, and forecasting capabilities utilizing artificial intelligence, machine learning, and cloud technologies; "(8) use observational networks, including the National Weather Service cooperative observer program and State or regional hydrological monitoring projects; "(9) refine drought indicators across multiple spatial and temporal scales; "(10) improve decision support products; "(11) optimize data and resources from across the Federal Government; "(12) investigate and address data gaps, including snowpack monitoring, space-based or in-situ soil moisture monitoring, groundwater data, and data related to rapid intensification events; and "(13) engage with, and leverage the resources of, entities within the National Oceanic and Atmospheric Administration in existence as of the date of the enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026 to improve coordination of water monitoring, forecasting, and management."; (3) in subsection (c)-- (A) in paragraph (2), by striking "and" after the semicolon; (B) in paragraph (3), by striking the period and inserting "; and"; and (C) by adding at the end the following: "(4) in partnership with the National Mesonet Program, establish memoranda of understanding to provide coordinated, high-quality data."; and (4) by adding at the end the following: "(g) Modeling Update.--Not later than 1 year after the date of the enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026, the Under Secretary, acting through the National Integrated Drought Information System and the National Weather Service, shall develop a plan to incorporate existing drought products of the National Oceanic and Atmospheric Administration and improved dynamical and statistical forecast modeling tools into probabilistic forecasts.". (b) Authorization of Appropriations.--Section 4 of the National Integrated Drought Information System Act of 2006 (Public Law 109-430; 15 U.S.C. 313d note) is amended to read as follows: "SEC. 4. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to carry out this Act-- "(1) $15,000,000 for fiscal year 2027. "(2) $15,500,000 for fiscal year 2028. "(3) $16,000,000 for fiscal year 2029. "(4) $16,500,000 for fiscal year 2030. "(5) $17,000,000 for fiscal year 2031.". SEC. 503.

Text printed in the Record (11,809 characters)

NATIONAL MESONET PROGRAM. (a) In General.--The Under Secretary shall maintain the National Mesonet Program (in this section referred to as the "Program"), which shall-- (1) obtain observations to improve understanding of and forecast capabilities for atmospheric, drought, fire, and water events, with a prioritization on leveraging available commercial, academic, and other non-Federal Government environmental data to enhance coordination across the private, public, and academic sectors of the weather enterprise in the United States; and (2) establish memoranda of understanding with networks outside of the scope of the Program in furtherance of this section. (b) Program Elements.--In carrying out the Program, the Under Secretary shall-- (1) establish means to integrate greater density and more types of environmental observations into the Program on an annual basis, including by encouraging local and regional networks of environmental monitoring stations and in situ sensor networks, including soil moisture and ground-based profilers, to participate in the Program; (2) improve and increase the quantity and density of environmental observations used by the National Oceanic and Atmospheric Administration (in this section referred to as the "Administration") and the National Weather Service to support baseline forecasts, including nowcasts, warnings, and hyper-local forecasts that protect individuals, businesses, agricultural production, food security, and the military and government agencies in the United States, and enabling such individuals and entities to operate in a safe, efficient, and orderly manner; (3) yield increased quantities of boundary-layer data to improve numerical weather prediction performance, including in subseasonal to seasonal timescales; (4) identify available terrestrial or marine environmental data, or quantifiable gaps in such data, to improve the understanding of air-sea interactions; (5) support the National Weather Service in reaching its target of a 30-minute warning time for severe weather through better predictive model algorithms driven by increasingly effective observations; (6) acquire soil and moisture data to monitor soil moisture, vegetation water content, and moisture loss from evaporation, in support of operational forecasting, the National Integrated Drought Information System, and local commercial, agricultural, and emergency management needs; (7) support the National Coordinated Soil Moisture Monitoring Network in acquiring soil moisture and related data for the development of decision support products and other information services; (8) expand and enhance environmental observational networks in the roadway environment to provide real-time road weather and surface conditions for surface transportation and related economic sectors; (9) obtain data in furtherance of this section only when demonstrably cost effective and meeting or exceeding data quality standards available to the Administration; (10) subject to the requirement in paragraph (9), leverage existing networks of environmental monitoring stations, including supplemental radar systems, to increase the quantity and density of environmental observations and data available to the Administration; (11) provide the critical technical and administrative infrastructure needed to facilitate rapid integration and sustained use of new and emerging networks of environmental monitoring stations anticipated in coming years from non-Federal Government sources; (12) coordinate with existing data developed by the Administration and used for forecasts, including data from the National Environmental Satellite, Data, and Information Service, the Integrated Ocean Observing System, the Global Ocean Monitoring and Observing Program, the National Data Buoy Center, and the National Ocean Service; (13) identify and communicate to the Office of Oceanic and Atmospheric Research and other partners priorities of research and development needed to advance observations in the Program; and (14) coordinate with satellite data and services acquired through the Commercial Data Program under section 302 of the Weather Research and Forecasting Innovation Act of 2017, as amended by section 301 of this Act. (c) Financial and Technical Assistance.-- (1) In general.--In furtherance of the Program, in a fiscal year, the Under Secretary may award not less than 10 percent of the amount appropriated for the Program for that fiscal year for financial assistance to State, Tribal, private, and academic entities seeking to build, expand, or upgrade equipment and capacity of mesonet systems. (2) Other federal awards.--Financial assistance under this subsection may be made in coordination with and in addition to awards from other Federal departments and agencies. (3) Agreements.--Before receiving financial assistance under paragraph (1), the State, Tribal, private, or academic entity seeking financial assistance under this subsection shall enter into an agreement with the Under Secretary to provide data to the Program, subject to verification by the Program of the relative operational value and evaluation of the cost of such data, for use in weather prediction, severe weather warnings, and emergency response. (4) Assistance and other support.--The Under Secretary may provide-- (A) technical assistance, project implementation support, and guidance to State, Tribal, private, and academic entities seeking financial assistance under this subsection; and (B) technical and financial assistance for maintenance of monitoring stations in areas of the country where it is financially unfeasible for 1 entity to operate such stations without such assistance. (5) Terms.--In providing financial assistance under this subsection, the Under Secretary shall establish terms to ensure that each State, Tribal, private, or academic entity that receives financial assistance under this subsection receives a level of support commensurate with the quality and other characteristics of the data to be provided. (6) Determination.--A State, Tribal, private, or academic entity may only receive financial assistance under this subsection if the Under Secretary determines such entity will provide sufficient financial support from non-Federal Government sources and fully maintain the quality of the mesonet system and associated data standards required by the Program for a period of not less than 5 years. (7) Priority.--The Under Secretary shall prioritize providing assistance under paragraph (1) to not fewer than 1 entity in a remote area or an area that has a lack of environmental monitoring stations described in subsection (b)(1). (d) Advisory Committee.-- (1) In general.--The Under Secretary shall ensure the Program has an active advisory committee of subject matter experts to make recommendations to the Administration on the identification, implementation, procurement, and tracking of data needed to supplement the Program, and recommend improvements, expansions, and acquisitions of available data. (2) Designation of existing committee.--The Under Secretary may designate an existing advisory committee, subcommittee, or working group of the Federal Government, including the Science Advisory Board of the Administration, to carry out the requirement under paragraph (1). (3) Academic expertise.--The advisory committee under paragraph (1), in consultation with the Program, shall include expertise from 1 or more institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to assist the advisory committee to identify, evaluate, and recommend potential partnerships, regional or subregional consortia, and collaborative methods that would expand the number of participants and volume of data in the Program. (4) Evaluation.--Not less than 30 days before any mid-award action to restructure, divest, or transfer atmospheric research activities or infrastructure, the advisory committee under paragraph (1) shall evaluate and provide a report to the appropriate committees of Congress on the effect of that transfer on weather forecasts, including forecast accuracy, future forecast improvements, Federal investments, and long-term datasets. (5) Limitation.--The Director (as defined in section 1001) may not initiate any mid-award action to restructure, divest, or transfer atmospheric research activities or infrastructure until 30 days after the report under paragraph (4) is delivered to the appropriate committees of Congress. (e) Regular Briefings.-- (1) In general.--Not less frequently than annually through 2031, the Under Secretary shall provide regular briefings to the appropriate committees of Congress on all activities under the Program. (2) Briefing content.--Each briefing required under paragraph (1) shall include information relating to the following: (A) Efforts to implement the activities described in subsection (b). (B) Any financial or technical assistance provided pursuant to subsection (c). (C) Efforts to address recommendations received from the advisory committee under subsection (d), if any. (D) The potential need and associated benefits of a coastal and ocean mesonet, or other emerging areas of weather data needs, taking into account existing data collection and monitoring activities. (E) Progress toward eliminating gaps in weather observation data in States and regions of the United States. (F) Any other topic the Under Secretary determines relevant. (f) Definition of Appropriate Committees of Congress.--In this section, the term "appropriate committees of Congress" means-- (1) the Committee on Science, Space, and Technology of the House of Representatives; and (2) the Committee on Commerce, Science, and Transportation of the Senate. (g) Authorization of Appropriations.--From amounts authorized to be appropriated to the National Weather Service, there shall be available not more than the following amounts to carry out this section: (1) $50,000,000 for fiscal year 2027. (2) $55,000,000 for fiscal year 2028. (3) $61,000,000 for fiscal year 2029. (4) $68,000,000 for fiscal year 2030. (5) $70,000,000 for fiscal year 2031. SEC. 504. NATIONAL COORDINATED SOIL MOISTURE MONITORING NETWORK. (a) In General.--The Under Secretary, in collaboration with the Secretary of Agriculture, the Director of the United States Geological Survey, the Administrator of the National Aeronautics and Space Administration, and the heads of other relevant Federal departments and agencies, shall support the development, deployment, and maintenance of soil moisture monitoring networks by managing the National Coordinated Soil Moisture Monitoring Network (in this section referred to as the "Network") within the National Integrated Drought Information System. (b) Activities.--The Under Secretary shall ensure the Network includes activities that carry out the following: (1) Establishing a visible, user-friendly website. (2) Developing a set of criteria for high-quality data sources. (3) Supporting research necessary to develop or improve soil moisture monitoring products at a national scale. (4) Increasing the number of long-term, high-quality, in situ and remote sensing soil moisture monitoring stations across the United States. (5) Sharing methodologies and validation protocols with the private sector. (6) Developing, releasing, and promoting new nationwide point-based and gridded soil moisture data products. (7) Supporting community outreach and data sharing to the network of individuals engaged with soil moisture monitoring, from data collection to end-user decision making. SEC. 505. NATIONAL WATER CENTER. Section 301 of the Coordinated Ocean Observations and Research Act of 2020 (42 U.S.C.

Text printed in the Record (10,347 characters)

10371) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A)-- (i) in the matter preceding clause (i), by inserting ", within the Office of Water Prediction of the National Weather Service," after "shall establish"; (ii) in clause (i), by striking "and" after the semicolon; (iii) in clause (ii), by striking the period and inserting "; and"; and (iv) by adding at the end the following: "(iii) to lead the transition of water research by the Federal Government, including model development, into operations of the National Oceanic and Atmospheric Administration and the National Weather Service."; (B) in paragraph (2), by adding at the end the following: "(F) Serving as the primary center within the National Oceanic and Atmospheric Administration for research, development, collaboration, and coordination of the water research and forecast activities of the Administration and other centers and networks of the Federal Government, including those of the Department of Agriculture, the Army Corps of Engineers, the Bureau of Reclamation, the United States Geological Survey, and the Federal Emergency Management Agency. "(G) Integrating and promoting consistency among national and regional hydrological forecast operations and service delivery."; and (C) by adding at the end the following: "(3) Incorporation into unified forecast system.--The Under Secretary shall use the Weather and Climate Operational Supercomputing System, or any successor system, to support the development and implementation of advanced water resources modeling capabilities under paragraph (2)(B) and shall incorporate those modeling capabilities into the unified forecast system."; (2) by striking subsection (b); (3) by redesignating subsection (c) as subsection (b); (4) by inserting after subsection (b), as redesignated by paragraph (3), the following: "(c) Organization and Administration.--The Under Secretary, acting through the Director of the Office of Water Prediction of the National Weather Service, shall-- "(1) supervise and oversee the administration, management, and operations of each River Forecast Center of the National Weather Service and coordinate those operations with the National Water Center; "(2) administer the duties and activities of the National Oceanic and Atmospheric Administration related to the Cooperative Institute for Research to Operations in Hydrology, or any successor entity, and coordinate the activities of the Institute with the National Water Center; and "(3) coordinate with relevant Federal departments and agencies, including the United States Geological Survey, to avoid unnecessary duplication of existing water observation, monitoring, and research activities."; and (5) in subsection (d)(4), by inserting before the period the following: "and each of fiscal years 2027 through 2031". TITLE VI--HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL SEC. 601. AMENDMENTS TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998. (a) Assessments.-- (1) In general.--Section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4001) is amended-- (A) in the section heading, by striking "assessments" and inserting "task force, assessments, and action strategy"; (B) in subsection (a)-- (i) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (ii) by inserting after paragraph (12) the following: "(13) the Department of Energy;"; (C) by striking subsections (b), (c), (d), (e), (g), (h), and (i) and redesignating subsection (f) as subsection (b); (D) in subsection (b), as so redesignated-- (i) in paragraph (1), in the first sentence, by striking "coastal waters including the Great Lakes" and inserting "marine, estuarine, and freshwater systems"; and (ii) in paragraph (2)-- (I) by amending subparagraph (A) to read as follows: "(A) examine-- "(i) the causes and ecological consequences of hypoxia on marine and aquatic species in their environments; and "(ii) the costs of hypoxia, including impacts on food safety and security;"; (II) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (D), (E), and (F), respectively; (III) by inserting after subparagraph (A) the following: "(B) examine the effect of other environmental stressors on hypoxia; "(C) evaluate alternatives for reducing, mitigating, and controlling hypoxia and its environmental impacts;"; and (IV) in subparagraph (E), as redesignated by subclause (II), by striking "hypoxia modeling and monitoring data" and inserting "hypoxia modeling, forecasting, and monitoring and observation data"; and (E) by adding at the end the following: "(c) Action Strategy and Scientific Assessment for Marine and Freshwater Harmful Algal Blooms.-- "(1) In general.--Not less frequently than once every 5 years, the Task Force shall complete and submit to Congress an action strategy for harmful algal blooms in the United States. "(2) Elements.--Each Action Strategy shall-- "(A) examine, and include a scientific assessment of, marine and freshwater harmful algal blooms, including such blooms-- "(i) in the Great Lakes; "(ii) in the upper reaches of estuaries; "(iii) in freshwater lakes and rivers; "(iv) in coastal and marine waters; and "(v) that originate in freshwater lakes or rivers and migrate to coastal waters; "(B) examine the causes, ecological consequences or physiological consequences on biological functions, and economic or cultural impacts, including food safety and security and subsistence use, of harmful algal blooms; "(C) examine the effect of other environmental stressors on harmful algal blooms; "(D) examine potential methods and novel approaches to prevent, control, and mitigate harmful algal blooms and the potential ecological, subsistence use, and economic costs and benefits of such methods; "(E) identify priorities for research needed to advance techniques and technologies to detect, predict, monitor, respond to, and minimize the occurrence, duration, and severity of harmful algal blooms, including recommendations to eliminate significant gaps in harmful algal bloom forecasting, monitoring, and observation data; "(F) evaluate progress made by, and the needs of, activities and actions of the Task Force to prevent, control, and mitigate harmful algal blooms; "(G) identify ways to improve coordination and prevent unnecessary duplication of effort among Federal departments and agencies with respect to research on harmful algal blooms; and "(H) include regional chapters relating to the requirements described in this paragraph in order to highlight geographically and ecologically varied locations with significant ecological, subsistence use, cultural, and economic impacts from harmful algal blooms. "(d) Consultation.--In carrying out subsections (b) and (c), the Task Force shall consult with-- "(1) States, Indian tribes, and local governments; and "(2) appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and nongovernmental organizations with relevant expertise.". (2) Clerical amendment.--The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105-383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the item relating to section 603 and inserting the following: "Sec. 603. Task Force, assessments, and Action Strategy.". (3) Conforming amendment.--Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is amended by striking "In developing" and all that follows through "management.". (b) National Harmful Algal Bloom and Hypoxia Program.--Section 603A of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4002) is amended--(1) in subsection (a)--(A) in paragraph (1)--(i) by striking "predicting," and inserting "monitoring, observing, forecasting,"; and (ii) by striking "and" after the semicolon; and (B) by striking paragraph (2) and inserting the following: "(2) the scientific assessment submitted under section 603(b); and "(3) the Action Strategy."; (2) in subsection (c)--(A) in paragraph (3), by striking "ocean and Great Lakes science and management programs and centers" and inserting "programs and centers relating to the science and management of marine, estuarine, and freshwater systems"; and (B) in paragraph (5), by inserting "while recognizing each agency is acting under its own independent mission and authority" before the semicolon; (3) in subsection (d), by striking "Except as provided in subsection (h), the" and inserting "The"; (4) in subsection (e)--(A) by striking paragraph (2) and inserting the following: "(2) examine the causes, ecological consequences, and costs of harmful algal blooms and hypoxia;"; (B) in paragraph (3)--(i) in subparagraph (B), by inserting ", including the annual Gulf of Mexico hypoxia zone mapping cruise" after "Program"; (ii) in subparagraph (C), by striking "and" after the semicolon; and (iii) by adding at the end the following: "(E) to identify opportunities to improve monitoring of harmful algal blooms and hypoxia, with a particular focus on waters that may affect fisheries, public health, or subsistence harvest; "(F) to evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia; "(G) to support the resilience of the seafood industry to harmful algal blooms and to expand access to testing for harmful algal bloom toxins, including for subsistence and recreational harvesters, through innovative methods that increase the efficiency and effectiveness of such testing in rural and remote areas; "(H) to support sustained observations to provide State and local entities, Indian tribes, and other entities access to real-time or near real-time observations data for decision making to protect human and ecological health and local economies; and "(I) to assess the combined effects of harmful algal blooms, hypoxia, and stressors such as runoff and infrastructure changes on marine, freshwater, or estuarine ecosystems and living resources;"; (C) in paragraph (4), by striking "agencies" and inserting "entities, regional coastal observing systems (as defined in section 12303 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C.

Text printed in the Record (11,663 characters)

3602)),"; (D) in paragraph (6), by inserting "and communities" after "ecosystems"; (E) in paragraph (8), by inserting "and Indian tribes" after "managers"; (F) in paragraph (9)(A), by striking ", tribal, and local stakeholders" and inserting "and local stakeholders and Indian tribes, Tribal organizations, and Native Hawaiian organizations"; (G) by redesignating paragraphs (3), (4), (5), (6), (7), (8), (9), (10), and (11) as paragraphs (4), (5), (6), (7), (8), (9), (10), (12), and (13), respectively; (H) by inserting after paragraph (2) the following: "(3) consult with entities that are most dependent on coastal and water resources that may be impacted by marine and freshwater harmful algal blooms and hypoxia, including-- "(A) State and local entities; "(B) Indian tribes, Tribal organizations, and Native Hawaiian organizations; "(C) island communities; "(D) low-population rural communities; "(E) subsistence communities; and "(F) fisheries and recreation industries;"; and (I) by inserting after paragraph (10), as redesignated by subparagraph (G), the following: "(11) expand access to testing for harmful algal bloom toxins, including for subsistence and recreational harvesters, through innovative methods that increase the efficiency and effectiveness of such testing in rural and remote areas;"; (5) by amending subsection (f) to read as follows: "(f) Cooperation; Duplication of Effort.--The Under Secretary shall work cooperatively with and avoid duplication of effort of other agencies on the Task Force and States, Indian tribes, Tribal organizations, Native Hawaiian organizations, and nongovernmental organizations concerned with marine and freshwater issues."; and (6) by striking subsections (g), (h), and (i). (c) National Oceanic and Atmospheric Administration Activities.-- (1) In general.--Section 603B of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4003) is amended to read as follows: "SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ACTIVITIES. "(a) In General.--The Under Secretary shall-- "(1) carry out response activities for marine, coastal, and Great Lakes harmful algal bloom and hypoxia events; "(2) develop and enhance operational harmful algal bloom observing and forecasting programs, including operational observations and forecasting, monitoring, modeling, data management, and information dissemination; "(3) develop forecast modeling that includes the effect of hurricanes and other weather events on the resuspension of bioavailable nutrients in sediments and related interactions with harmful algal blooms; "(4) enhance communication and coordination among Federal departments and agencies carrying out activities and research relating to marine and freshwater harmful algal blooms and hypoxia; "(5) leverage existing resources and expertise available from local research universities and institutions; and "(6) use cost effective methods in carrying out this section. "(b) Integrated Coastal and Ocean Observation System.--The collection of monitoring and observing data under this section shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.). Such data shall be made available through the National Integrated Coastal and Ocean Observation System established under section 12304 of that Act (33 U.S.C. 3603).". (2) Clerical amendment.--The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105-383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the item relating to section 603B and inserting the following: "Sec. 603B. National Oceanic and Atmospheric Administration activities.". (d) Environmental Protection Agency Activities.--(1) In general.--The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 is amended by inserting after section 603B (33 U.S.C. 4003) the following: "SEC. 603C. ENVIRONMENTAL PROTECTION AGENCY ACTIVITIES. "(a) In General.--The Administrator shall-- "(1) carry out research on the ecology and human health impacts of freshwater harmful algal blooms and hypoxia events; "(2) develop and enhance operational freshwater harmful algal bloom monitoring, observing, and forecasting programs in lakes, rivers, and reservoirs, and coordinate with the National Oceanic and Atmospheric Administration on such programs in the Great Lakes and estuaries (including tributaries thereof), including operational observations and forecasting, monitoring, modeling, data management, and information dissemination, to support event response, prioritization, prevention, adaptation, and mitigation activities; "(3) enhance communication and coordination among Federal departments and agencies carrying out freshwater harmful algal bloom and hypoxia activities and research; "(4) to the greatest extent practicable, leverage existing resources and expertise available from Federal and State partners and local research universities and institutions; and "(5) use cost-effective methods in carrying out this section. "(b) Nonduplication.--The Administrator shall ensure that activities carried out under subsection (a) focus on new approaches to addressing freshwater harmful algal blooms and are not duplicative of existing research and development programs authorized by this title or any other law.". (2) Clerical amendment.--The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105-383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting after the item relating to section 603B the following: "Sec. 603C. Environmental Protection Agency activities.". (e) National Harmful Algal Bloom Observing Network.--(1) In general.--Section 606 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4005) is amended to read as follows: "SEC. 606. NATIONAL HARMFUL ALGAL BLOOM OBSERVING NETWORK. "(a) In General.--The Under Secretary, acting through the National Centers for Coastal Ocean Science and the Integrated Ocean Observing System of the National Oceanic and Atmospheric Administration, shall integrate Federal, State, regional, and local observing capabilities to establish a national network of observing systems for the monitoring, detection, and forecasting of harmful algal blooms by leveraging the capacity of regional associations of the Integrated Ocean Observing System, including through the incorporation of emerging technologies and new data integration methods. "(b) Coordination and Data Assembly.--In carrying out subsection (a), the Program Office of the Integrated Ocean Observing System shall-- "(1) coordinate with the National Centers for Coastal Ocean Science regarding observations, data integration, and information dissemination; "(2) organize, integrate, disseminate, and provide a central architecture to support ecological forecasting of harmful algal blooms; and "(3) coordinate with the Water Quality Portal to store and serve discrete data related to the monitoring of freshwater, estuarine, and coastal harmful algal blooms.". (2) Clerical amendment.--The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105-383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the item relating to section 606 and inserting the following: "Sec. 606. National harmful algal bloom observing network.". (f) National-Level Incubator Program.--(1) In general.--The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 is amended by inserting after section 606 (33 U.S.C. 4005) the following: "SEC. 606A. NATIONAL-LEVEL INCUBATOR PROGRAM. "(a) In General.--The Under Secretary, in collaboration with the Administrator and research universities and institutions, shall establish a national-level incubator program (in this section referred to as the `program') to increase the number of strategies, technologies, and measures available to prevent, mitigate, and control harmful algal blooms. "(b) Framework.--The program shall establish a framework for preliminary assessments of novel strategies, technologies, and measures to prevent, mitigate, and control harmful algal blooms in order to determine the potential effectiveness and scalability of such technologies. "(c) Funding.--The program shall provide merit-based funding, using amounts otherwise available to the Under Secretary for the award of grants, for strategies, technologies, and measures that eliminate or reduce, through biological, chemical, or physical means, the levels of harmful algae and associated toxins resulting from harmful algal blooms. "(d) Database.--The program shall include a database for cataloging the licensing and permitting requirements, economic costs, feasibility, effectiveness, and scalability of novel and established strategies, technologies, and measures to prevent, mitigate, and control harmful algal blooms. "(e) Prioritization.--In carrying out the program, the Under Secretary shall prioritize proposed cost-effective strategies, technologies, and measures that would, to the maximum extent practicable-- "(1) protect key habitats for fish and wildlife; "(2) maintain biodiversity; "(3) protect public health; "(4) protect coastal resources of national, historical, and cultural significance; or "(5) benefit low-income communities, Indian tribes, and rural communities.". (2) Clerical amendment.--The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105-383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting after the item relating to section 606 the following: "Sec. 606A. National-level incubator program.". (g) Definitions.--Section 609 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4008) is amended--(1) in paragraph (1), by striking "means the comprehensive research plan and action strategy established under section 603B" and inserting "means the action strategy for harmful algal blooms in the United States most recently submitted under section 603(c)"; (2) by amending paragraph (3) to read as follows: "(3) Harmful algal bloom.--The term `harmful algal bloom' means a high concentration of marine or freshwater algae (including diatoms), macroalgae (including Sargassum), or cyanobacteria resulting in nuisance conditions or harmful impacts on marine and freshwater ecosystems, subsistence resources, communities, or human health through the production of toxic compounds or other biological, chemical, or physical impacts of the bloom."; (3) by striking paragraph (9); (4) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (5), (8), (9), (11), and (13), respectively; (5) by inserting after paragraph (3) the following: "(4) Harmful algal bloom and hypoxia event.--The term `harmful algal bloom and hypoxia event' means the occurrence of a harmful algal bloom or hypoxia as a result of a natural, anthropogenic, or undetermined cause."; (6) in paragraph (5), as redesignated by paragraph (4)--(A) by striking "aquatic" and inserting "marine or freshwater"; and (B) by striking "resident" and inserting "marine or freshwater"; (7) by inserting after paragraph (5), as redesignated by paragraph (4), the following: "(6) Indian tribe.--The term `Indian tribe' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). "(7) Native hawaiian organization.--The term `Native Hawaiian organization' has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

Text printed in the Record (9,868 characters)

7517) and includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs."; (8) by inserting after paragraph (9), as redesignated by paragraph (4), the following: "(10) Subsistence use.--The term `subsistence use' means the customary and traditional use of fish, wildlife, or other freshwater, coastal, or marine resources by any individual or community to meet personal or family needs, including essential economic, nutritional, or cultural applications."; and (9) by inserting after paragraph (11), as redesignated by paragraph (4), the following: "(12) Tribal organization.--The term `Tribal organization' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).". (h) Authorization of Appropriations.--Section 610 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4009) is amended--(1) by amending subsection (a) to read as follows: "(a) In General.--There is authorized to be appropriated to carry out this title, for each of fiscal years 2027 through 2031--"(1) $19,500,000 to the Under Secretary; and "(2) $8,000,000 to the Administrator."; and (2) by adding at the end the following: "(c) Transfer Authority.--As specifically provided in advance in appropriations Acts, the Under Secretary or the Administrator may transfer funds made available to carry out this title to the head of any Federal department or agency, with the concurrence of such head, to carry out, as appropriate, relevant provisions of this title and section 9(g) of the National Integrated Drought Information System Reauthorization Act of 2018 (33 U.S.C. 4010).". SEC. 602. OTHER HARMFUL ALGAL BLOOM AND HYPOXIA MATTERS. Section 9(g) of the National Integrated Drought Information System Reauthorization Act of 2018 (33 U.S.C. 4010) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by adding at the end the following new sentence: "The appropriate Federal official may waive the non-Federal share requirements of the preceding sentence if such official determines no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement."; and (B) by adding at the end the following: "(D) Contract, cooperative agreement, and grant authority.--The appropriate Federal official may enter into contracts, cooperative agreements, and grants with States, Indian tribes, Tribal organizations, Native Hawaiian organizations, local governments, or other entities to pay for or reimburse costs incurred by such entities for the purposes of supporting the determination of, and assessing the environmental, economic, subsistence use, and public health effects of, an event of national significance."; (2) in paragraph (2)-- (A) in subparagraph (A), by inserting "a leadership official of an affected Indian tribe, the executive official of the District of Columbia, or the executive official of an affected territory or possession of the United States," after "State,"; and (B) in subparagraph (B), by striking "consider" and all that follows through "boundary." and inserting "consider factors such as-- "(i) the risk to public health and the potential severity of the detrimental environmental effects of the hypoxia or harmful algal bloom event, as indicated by-- "(I) data on shellfish or water quality obtained through sampling programs, including baseline data, and regulatory or advisory thresholds established to explain management actions related to the event; "(II) toxin levels in fish, marine mammals, seabirds, shellfish, or water during the event; "(III) toxic aerosols produced during the event, including potential human exposures to toxic aerosols; "(IV) reports of human or animal illnesses or mortalities during the event; "(V) any closures of fishing or shellfish harvesting locations or recreational public waters, including beaches, during the event; "(VI) the duration and spatial extent of the event; or "(VII) impacts to habitats or ecosystems associated with the event; "(ii) the potential economic, food safety and security, and subsistence impacts associated with the hypoxia or harmful algal bloom event, including to fisheries and aquaculture, recreation and tourism, monitoring and management, resource use, and event response activities, assessed in comparison with historical data from when a State or region did not experience such an event, as possible, as indicated by-- "(I) increases in public health expenditures; "(II) losses to commercial fisheries and aquaculture industries, recreation and tourism, real estate, and other impacted industries or businesses; "(III) increases in monitoring and management expenditures, including costs incurred for event response and clean-up (such as for beach clean-up following an influx of biomass or a fish-kill) by public or private sectors; or "(IV) impacts to subsistence resources, including nutritional, resource use, and economic effects on subsistence communities; "(iii) the relative magnitude of those impacts in relation to past occurrences of hypoxia or harmful algal bloom events that occur on a recurrent or annual basis; and "(iv) the geographic scope of the hypoxia or harmful algal bloom event, including the potential of the event to affect several municipalities, to affect more than 1 State, or to cross an international boundary."; (3) in paragraph (3), by adding at the end the following: "(D) Indian tribe.--The term `Indian tribe' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). "(E) Native hawaiian organization.--The term `Native Hawaiian organization' has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) and includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. "(F) Subsistence use.--The term `subsistence use' means the customary and traditional use of fish, wildlife, or other freshwater, coastal, or marine resources by any individual or community to meet personal or family needs, including essential economic, nutritional, or cultural applications. "(G) Tribal organization.--The term `Tribal organization' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)."; and (4) by adding at the end the following: "(4) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2027 through 2031, to remain available until expended.". SEC. 701. DEFINITIONS. In this title: (1) Administration.--The term "Administration" means the National Oceanic and Atmospheric Administration. (2) Appropriate committees of congress.--The term "appropriate committees of Congress" means-- (A) the Committee on Science, Space, and Technology of the House of Representatives; and (B) the Committee on Commerce, Science, and Transportation of the Senate. (3) Earth system model.--The term "Earth system model" means a mathematical model containing all relevant components of the Earth, namely the atmosphere, oceans, land, cryosphere, and biosphere. (4) Fire environment.--The term "fire environment" means-- (A) the environmental conditions, such as soil moisture, vegetation, topography, snowpack, atmospheric temperature, moisture, and wind, that influence-- (i) fuel and fire behavior; and (ii) the emission, chemical evolution, and transport of wildfire smoke; and (B) the associated environmental impacts occurring during and after fire events. (5) Fire weather.--The term "fire weather" means the weather conditions that influence the start, spread, character, or behavior of wildfires and relevant meteorological and chemical phenomena, including air quality, wildfire smoke, and meteorological parameters such as relative humidity, air temperature, wind speed and direction, and atmospheric composition and chemistry, including emissions and mixing heights. (6) Impact-based decision support services.--The term "impact-based decision support services" means scientific advice and interpretative services the Administration provides to help core partners, such as emergency personnel and public safety officials, make decisions when the information impacts the lives and livelihoods of the people of the United States. (7) Indian tribe.--The term "Indian tribe" has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (8) Native hawaiian organization.--The term "Native Hawaiian organization" has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517), including the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. (9) State.--The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau. (10) Tribal organization.--The term "Tribal organization" has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). SEC. 702. ESTABLISHMENT OF FIRE WEATHER SERVICES PROGRAM. (a) In General.--The Under Secretary shall establish and maintain a coordinated fire weather services program among the offices of the Administration in existence as of the date of the enactment of this Act. (b) Program Functions.--The functions of the program established under subsection (a), consistent with the priorities described in section 101 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C.

Text printed in the Record (11,866 characters)

8511), shall be-- (1) to support readiness, responsiveness, understanding, and resilience of the United States to wildfires, fire weather, wildfire smoke, post-fire flooding and debris flows, and associated hazards to and impacts on built and natural environments; (2) to collaboratively develop and disseminate accurate, precise, effective, and timely risk communications, forecasts, watches, and warnings relating to wildfires, fire weather, wildfire smoke, post-fire flooding and debris flows, and other associated conditions, hazards, and impacts, as applicable, with relevant Federal departments and agencies; (3) to partner with and support the public, Federal and State government entities, Indian tribes, Native Hawaiian organizations, and academic and local partners through the development of capabilities, impact-based decision support services, and overall service delivery and utility related to fire weather; (4) to conduct and support research and development of new and innovative models, technologies, techniques, products, systems, processes, and procedures to predict and improve understanding of wildfires, fire weather, related air quality, post-fire flooding and debris flows, and the fire environment; (5) to develop processes to transition research into operational use and inform additional areas of research to deliver fire weather products, services, and decision support tools to operational users and platforms; (6) to develop communications networks and strategies to improve the timeliness, reliability, and accessibility of fire forecasts, warning services, and information about current fire location, for remote, isolated, and rural communities, including communities where the public acts as the first responder to wildfire; and (7) to develop, in coordination with relevant Federal departments and agencies, impact-based decision support services that operationalize and integrate the functions described in paragraphs (1) through (6) in order to provide comprehensive impact-based decision support services that encompass the fire environment. (c) Program Priorities.--In developing and implementing the program established under subsection (a), the Under Secretary shall prioritize-- (1) development of a fire weather-enabled Earth system model and data assimilation systems that-- (A) are capable of prediction and forecasting across relevant spatial and temporal scales; (B) include variables associated with fire weather and the fire environment; (C) improve understanding of environmental factors that influence fire weather risk, frequency, severity, and duration; (D) incorporate emerging techniques such as artificial intelligence, machine learning, and cloud computing; and (E) use a rapidly deployable network of rain gauges for post-fire hazard monitoring; (2) advancement of existing and new observational capabilities, including satellite-, airborne-, air-, and ground-based systems and technologies, and social networking and other public information-gathering applications that-- (A) identify-- (i) high-risk pre-ignition conditions; (ii) conditions that influence fire behavior and spread including those conditions that suppress active fire events; and (iii) fire weather threat levels; (B) support real-time notification and monitoring of ignitions; (C) support observations and data collection of fire weather and fire environment variables, including profiles of wildfire smoke, winds, temperature, and humidity, for development of the model and systems under paragraph (1); and (D) support forecasts and research that mitigate the impacts of wildfires on human life, health, and the economy; (3) development and implementation of advanced and user-oriented impact-based decision tools, science, and technologies that-- (A) ensure real-time and retrospective data, products, and services are findable, accessible, interoperable, usable, inform further research, and are analysis- and decision-ready; (B) provide targeted information throughout the fire lifecycle including pre-ignition, detection, forecasting, post-fire, and monitoring phases; and (C) support early assessment of post-fire hazards, such as air quality, debris flows, mudslides, and flooding; and (4) ensuring the parity of access to and support from the tools, science, and technologies developed under this subsection for remote, isolated, and rural communities. (d) Program Activities.--In developing and implementing the program established under subsection (a), the Under Secretary may-- (1) conduct relevant physical and social science research activities in support of the functions described in subsection (b) and the priorities described in subsection (c); (2) assess fuel characteristics, in coordination with Federal land management agencies and Federal science agencies, including moisture, loading, and other parameters used to determine fire risk levels and outlooks; (3) support and conduct research that assesses impacts to marine, riverine, watershed, and other relevant ecosystems, which may include forest and rangeland ecosystems, resulting from activities associated with mitigation of and response to wildfires; (4) support and conduct research relating to the causes, contributing factors and impacts of wildfires, fire weather, fire risk, wildfire smoke, and associated conditions, risks, and impacts; (5) develop wildfire smoke and air quality forecasts, forecast guidance, and prescribed burn weather forecasts, and conduct research on the impact of such forecasts on response behavior that minimizes health-related impacts from wildfire smoke exposure; (6) use, in coordination with Federal, State, and local governments, Indian tribes, Tribal organizations, Native Hawaiian organizations, and other relevant partners, as appropriate, wildland fuels information and fire resource intelligence to inform fire environment impact-based decision support services and products for safety; (7) work with Federal departments and agencies to provide data, tools, and services to support the implementation of mitigation measures by such agencies; (8) provide training and support to improve the communication of impact-based decision support services and products to the public, including recommended protective actions; (9) provide comprehensive training to ensure staff of the program established under subsection (a) is properly equipped to deliver the impact-based decision support services and products described in paragraphs (1) through (6); and (10) acquire, through contracted purchase, private sector-produced observational data to fill identified gaps, as needed. (e) Parity for Remote, Isolated, and Rural Communities.--In developing and implementing the program established under subsection (a), the Under Secretary shall ensure parity of coverage and programmatic activity for remote, isolated, and rural communities, including communities where the public acts as the first responder to wildfire. (f) Collaboration.--The Under Secretary shall, as the Under Secretary considers appropriate, collaborate with partners in the weather enterprise, academic institutions, States, Indian tribes, Tribal organizations, Native Hawaiian organizations, local partners, and Federal departments and agencies in the development and implementation of the program established under subsection (a). (g) Agreements.--In carrying out the activities under this title and the amendments made by this title, the Under Secretary may provide support to non-Federal entities by making funds and resources available through-- (1) competitive grants; (2) contracts under the mobility program under subchapter VI of chapter 33 of title 5, United States Code (commonly referred to as the "Intergovernmental Personnel Act Mobility Program"); (3) cooperative agreements; and (4) co-location agreements as described in section 502 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020 (33 U.S.C. 851 note prec.). (h) Program Administration Plan.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall submit to the appropriate committees of Congress a plan that details how the program established under subsection (a) will be administered and governed within the Administration. (2) Elements.--The plan required by paragraph (1) should include a description of-- (A) how the functions described in subsection (b), the priorities described in subsection (c), and the activities described in subsection (d) will be distributed among the line offices of the Administration; and (B) the mechanisms in place to ensure seamless coordination among those offices. SEC. 703. FIRE WEATHER TESTBED. (a) Establishment of Fire Weather Testbed.--The Under Secretary shall establish a fire weather testbed that enables engagement across the Federal Government, State and local governments, academia, private and federally funded research laboratories, the private sector, and end-users in order to evaluate the accuracy and usability of technology, models, fire weather products and services, and other research to accelerate the implementation, transition to operations, and use of new capabilities by the Administration, Federal and land management agencies, and other relevant stakeholders. (b) Uncrewed Systems.-- (1) In general.--The Under Secretary shall-- (A) establish and carry out a research and development program to support the application of uncrewed systems technologies to improve data collection in support of modeling, observations, predictions, forecasts, and impact-based decision support services, and for other purposes of the Administration; (B) transition uncrewed systems technologies from research to operations as the Under Secretary considers appropriate; and (C) coordinate with other Federal departments and agencies that may be developing uncrewed systems and related technologies to meet the challenges of wildland fire management. (2) Pilot projects required.--In carrying out paragraph (1), the Under Secretary shall conduct pilot projects of uncrewed systems for fire weather and fire environment observations, including-- (A) testing of uncrewed systems in approximations of real-world scenarios; (B) assessment of the utility of meteorological data collected from fire response and assessment aircraft; (C) input of the collected data into appropriate models to predict fire behavior, including coupled atmosphere and fire models; and (D) collection of best management practices for deployment of uncrewed systems and other remote data technology, including for communication and coordination between the stakeholders described in subsection (a). (3) Savings clause.-- (A) In general.--In carrying out activities under this subsection, the Under Secretary shall ensure that any testing or deployment of uncrewed systems follow procedures, restrictions, and protocols established by the heads of the Federal departments and agencies with statutory or regulatory jurisdiction over any airspace in which wildfire response activities are conducted during an active wildfire event. (B) Consultation and coordination.--The Under Secretary shall consult and coordinate with relevant Federal land management agencies, Federal science agencies, and the Federal Aviation Administration to develop processes for the appropriate deployment of the systems described in subparagraph (A). (c) Additional Pilot Projects.--The Under Secretary shall establish additional pilot projects relating to the fire weather testbed that may include the following elements: (1) Advanced products to detect fire from satellites. (2) Procurement and use of commercial data. (3) Investigation and evaluation of information needs of users and decision makers. SEC. 704.

Text printed in the Record (11,999 characters)

DATA MANAGEMENT AND TECHNOLOGY MODERNIZATION. (a) Data Availability and Management.--Section 301 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8531) is amended-- (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following: "(f) Data Availability and Management.-- "(1) In general.--The Under Secretary shall-- "(A) make data and metadata collected or generated by the National Oceanic and Atmospheric Administration that the Under Secretary has the legal right to redistribute fully and openly available, in accordance with chapter 35 of title 44, United States Code, and the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115-435; 132 Stat. 5529) and the amendments made by that Act, and preserve and curate such data and metadata, in accordance with chapter 31 of title 44, United States Code (commonly known as the `Federal Records Act of 1950'), in order to maximize use of such data and metadata; and "(B) manage and steward the access, archival, and retrieval activities for the data and metadata described in subparagraph (A) by-- "(i) using-- "(I) enterprise-wide infrastructure, emerging technologies, commercial partnerships, and the skilled workforce needed to provide appropriate data management from collection to broad access; and "(II) associated information services; and "(ii) pursuing the maximum interoperability of data and information by-- "(I) leveraging data, information, knowledge, and tools from across the Federal Government to support equitable access, cross-sectoral collaboration and innovation, and local planning and decision making; and "(II) developing standards and practices for the adoption and citation of digital object identifiers for datasets, models, and analytical tools. "(2) Collaboration.--In carrying out this subsection, the Under Secretary shall collaborate with such Federal partners and stakeholders as the Under Secretary considers relevant-- "(A) to develop standards to pursue maximum interoperability of data, information, knowledge, and tools across the Federal Government, convert historical records into common digital formats, and improve access and usability of data by partners and stakeholders; "(B) to identify and solicit relevant data from Federal and international partners and other relevant stakeholders, as the Under Secretary considers appropriate; and "(C) to develop standards and practices for the adoption and citation of digital object identifiers for datasets, models, and analytical tools.". (b) Wildfire Technology Modernization.--Section 1114 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C. 1748b-1) is amended-- (1) in subsection (c)(3), by inserting "the National Oceanic and Atmospheric Administration," after "Federal Aviation Administration,"; (2) in subsection (e)(2)-- (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following: "(B) Consultation.-- "(i) In general.--In carrying out subparagraph (A), the Secretaries shall consult with the Under Secretary of Commerce for Oceans and Atmosphere regarding any development of impact-based decision support services that relate to wildfire-related activities of the National Oceanic and Atmospheric Administration. "(ii) Definition of impact-based decision support services.--In this subparagraph, the term `impact-based decision support services' means scientific advice and interpretative services the National Oceanic and Atmospheric Administration provides to help core partners, such as emergency personnel and public safety officials, make decisions when the information impacts the lives and livelihoods of the people of the United States."; and (3) in subsection (f)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the right; (B) by striking "The Secretaries" and inserting the following: "(1) In general.--The Secretaries"; and (C) by adding at the end the following: "(2) Collaboration.--In carrying out paragraph (1), the Secretaries shall collaborate with the Under Secretary of Commerce for Oceans and Atmosphere to improve coordination, utility of systems and assets, and interoperability of data for wildfire smoke prediction, forecasting, and modeling.". (c) Digital Presence.-- (1) In general.--The Under Secretary shall develop and maintain a comprehensive, centralized, and publicly accessible digital presence designed to promote findability, accessibility, interoperability, usability, and utility of the services, tools, data, and information produced by the program established under section 702(a). (2) Digital platform and tools.--In carrying out paragraph (1), the Under Secretary shall seek to ensure the digital platform and tools of the Administration integrate geospatial data, decision support tools, training, and best practices to provide real-time fire weather forecasts and address fire-related issues and needs. (d) High-Performance Computing.-- (1) In general.--The Under Secretary shall seek to acquire sufficient high-performance computing resources and capacity for research, operations, and data storage in support of the program established under section 702(a). (2) Considerations.--In acquiring high-performance computing capacity under paragraph (1), the Under Secretary shall consider requirements needed for-- (A) conducting research, development, and testbed experiments; (B) the transition of research and testbed developments into operations; (C) sustaining capabilities in operations; (D) capabilities existing in other Federal departments and agencies and the commercial sector; and (E) skilled workforce development. SEC. 705. SURVEYS AND ASSESSMENTS. (a) Post-Fire Weather Surveys and Assessments.-- (1) Annual post-fire-weather-season survey and assessment.-- (A) In general.--During the second winter following the date of the enactment of this Act, and each year thereafter, the Under Secretary shall conduct a post-fire-weather-season survey and assessment. (B) Elements.--After conducting a post-fire-weather-season survey and assessment under subparagraph (A), the Under Secretary shall-- (i) investigate any gaps in weather data collected during the assessment; (ii) identify and implement strategies and procedures to improve program services and information dissemination; (iii) update systems, processes, strategies, and procedures to enhance the efficiency and reliability of weather data obtained from the assessment; (iv) evaluate the accuracy and efficacy of physical fire weather forecasting information for each incident included in the survey and assessment; and (v) assess and refine performance measures, as needed. (2) Surveys and assessments following individual wildfire events.--The Under Secretary may conduct surveys and assessments following individual wildfire events as the Under Secretary determines necessary. (3) Goal.--In carrying out activities under this subsection, the Under Secretary shall seek to increase the number of impact studies on communities following a wildfire, including by surveying individual and collective responses and incorporating other applicable topics of social science research. (4) Coordination.--In conducting any survey or assessment under this subsection, the Under Secretary shall coordinate with Federal, State, and local partners, Indian tribes, Native Hawaiian organizations, private entities, and such institutions of higher education as the Under Secretary considers relevant in order to-- (A) improve operations and collaboration; and (B) optimize data collection, sharing, integration, assimilation, and dissemination. (5) Data availability.--The Under Secretary shall make the data and findings obtained from each survey and assessment conducted under this subsection available to the public in an accessible digital format, as soon as practicable, after conducting the assessment. (6) Service improvements.--The Under Secretary shall make best efforts to incorporate the results and recommendations of each survey and assessment conducted under this subsection into the research and development plan under subsection 708(b) and operations of the Administration. (7) Annual briefing.--Not less frequently than once each year, the Under Secretary shall join other relevant departments and agencies to provide a briefing to the appropriate committees of Congress that provides-- (A) an overview of the prior fire season; and (B) an outlook of the upcoming fire season. (b) Joint Assessment and Plan for Automated Surface Observing System.-- (1) In general.--The Under Secretary, in collaboration with the Administrator of the Federal Aviation Administration and the Secretary of Defense, shall-- (A) conduct an assessment of resources, personnel, procedures, and activities necessary to maximize the functionality and utility of the automated surface observing system of the United States that identifies-- (i) key system upgrades needed to improve observation quality and utility for weather forecasting, aviation safety, and other users; (ii) improvements needed in observations within the planetary boundary layer, including mixing height; (iii) improvements needed in public accessibility of observational data; (iv) improvements needed to reduce latency in reporting of observational data; (v) relevant data to be collected for the production of forecasts or forecast guidance relating to atmospheric composition, including particulate and air quality data related to wildfires, and aviation safety; (vi) areas of concern regarding operational continuity and reliability of the system, which may include needs for overnight staff, particularly in remote and rural areas and areas where system failure would have the greatest negative impact to the community; (vii) stewardship, data handling, data distribution, and product generation needs arising from upgrading and changing the automated surface observation systems; (viii) possible solutions for areas of concern identified under clause (vi), including with respect to the potential use of backup systems, power and communication system reliability, staffing needs and personnel location, and the acquisition of critical component backups and proper storage location to ensure rapid system repair necessary to ensure system operational continuity; and (ix) research, development, and transition to operations needed to develop advanced data collection, quality control, and distribution so that the data are provided to models, users, and decision support systems in a timely manner; and (B) develop and implement a plan that addresses the findings of the assessment conducted under subparagraph (A), including by seeking and allocating resources necessary to ensure that system upgrades are standardized across the Administration, the Federal Aviation Administration, and the Department of Defense to the extent practicable. (2) Standardization.--Any system standardization implemented under paragraph (1)(B) shall not impede activities to upgrade or improve individual units of the system. (3) Remote automatic weather station coordination.--The Under Secretary, in collaboration with relevant Federal departments and agencies and the National Interagency Coordination Center, shall assess and develop cooperative agreements to improve coordination, interoperability standards, operations, and placement of remote automatic weather stations for the purpose of improving utility and coverage of remote automatic weather stations, automated surface observation systems, wildfire smoke monitoring platforms, and other similar stations and systems for weather operations. (4) Report to congress.-- (A) In general.--Not later than 2 years after the date of the enactment of this

Text printed in the Record (11,945 characters)

Act, the Under Secretary, in collaboration with the Administrator of the Federal Aviation Administration and the Secretary of Defense, shall submit to the appropriate committees of Congress a report that-- (i) details the findings of the assessment required by subparagraph (A) of paragraph (1); and (ii) details the plan required by subparagraph (B) of such paragraph. (B) Elements.--The report required by subparagraph (A) shall include a detailed assessment of appropriations required-- (i) to address the findings of the assessment required by subparagraph (A) of paragraph (1); and (ii) to implement the plan required by subparagraph (B) of such paragraph. SEC. 706. INCIDENT METEOROLOGIST SERVICE. (a) Establishment.--The Under Secretary shall establish and maintain an Incident Meteorologist Service within the National Weather Service (in this section referred to as the "Service"). (b) Inclusion of Existing Incident Meteorologists.--The Service shall include-- (1) the incident meteorologists of the Administration as of the date of the enactment of this Act; and (2) such incident meteorologists of the Administration as may be appointed after such date. (c) Functions.--The Service shall provide-- (1) on-site impact-based decision support services to Federal, State, and local government emergency response agencies, Indian tribes, and Native Hawaiian organizations preceding, during, and following significant weather-related events, such as wildland fires, that threaten human life, property, or the economy; and (2) support to Federal, State, and local government decisionmakers, partners, and stakeholders, Indian tribes, Tribal organizations, and Native Hawaiian organizations for seasonal planning and pre-fire mitigation activities. (d) Deployment.--The Service shall be deployed-- (1) as determined by the Under Secretary; or (2) at the request of the head of another Federal department or agency and with the approval of the Under Secretary. (e) Staffing and Resources.--In establishing and maintaining the Service, the Under Secretary shall identify, acquire, and maintain adequate levels of staffing and resources to meet user needs. (f) Support for Incident Meteorologists.--The Under Secretary shall provide resources, access to real-time fire weather forecasts, training, administrative and logistical support, and access to professional counseling or other forms of support as the Under Secretary considers appropriate for the betterment of the emotional and mental health and well-being of incident meteorologists and other employees of the Administration so long as the need for such resources, training, access, or support is due to the response of such employees to high-impact and extreme fire weather events. SEC. 707. EMERGENCY RESPONSE ACTIVITIES. (a) Definitions.--In this section: (1) Basic pay.--The term "basic pay" includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code, any applicable special rate supplement under section 5305 of such title, or any equivalent payment under a similar provision of law. (2) Covered employee.--The term "covered employee" means an employee of the Department of Commerce, the Department of Agriculture, or the Department of the Interior. (3) Covered services.--The term "covered services" means services that are performed by a covered employee while serving-- (A) as a wildland firefighter or a fire management response official, including a regional fire director, a deputy regional fire director, and a fire management officer; (B) as an incident meteorologist accompanying a wildland firefighter crew; or (C) on an incident management team, at the National Interagency Fire Center, at a Geographic Area Coordinating Center, or at an operations center. (4) Premium pay.--The term "premium pay" means premium pay paid under a provision of law described in the matter preceding paragraph (1) of section 5547(a) of title 5, United States Code. (5) Relevant congressional committees.--The term "relevant congressional committees" means-- (A) the Committee on Oversight and Government Reform of the House of Representatives; (B) the Committee on Natural Resources of the House of Representatives; (C) the Committee on Science, Space, and Technology of the House of Representatives; (D) the Committee on Agriculture of the House of Representatives; (E) the Committee on Appropriations of the House of Representatives; (F) the Committee on Commerce, Science, and Transportation of the Senate; (G) the Committee on Homeland Security and Governmental Affairs of the Senate; (H) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (I) the Committee on Appropriations of the Senate; and (J) the Committee on Energy and Natural Resources of the Senate. (6) Secretary concerned.--The term "Secretary concerned" means-- (A) the Secretary of Commerce, with respect to an employee of the Department of Commerce; (B) the Secretary of Agriculture, with respect to an employee of the Department of Agriculture; and (C) the Secretary of the Interior, with respect to an employee of the Department of the Interior. (b) Waiver.-- (1) In general.--Any premium pay received by a covered employee for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay for the covered employee for purposes of applying the limitation on premium pay under section 5547(a) of title 5, United States Code. (2) Calculation of aggregate pay.--Any pay that is disregarded under paragraph (1) shall be disregarded in calculating the aggregate pay of the applicable covered employee for purposes of applying the limitation under section 5307 of title 5, United States Code, during calendar year 2027. (3) Limitation.--A covered employee may not be paid premium pay under this subsection if, or to the extent that, the aggregate of the basic pay and premium pay (including premium pay for covered services) of the covered employee for a calendar year would exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of that calendar year. (4) Treatment of additional premium pay.--If the application of this subsection results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional premium pay shall not be-- (A) considered to be basic pay of the covered employee for any purpose; or (B) used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or 5552 of title 5, United States Code. (5) Effective period.--This subsection shall be in effect during calendar year 2027 and apply to premium pay payable during that year. (c) Amendment.--Section 5542(a)(5) of title 5, United States Code, is amended by inserting ", the Department of Commerce," after "Interior". (d) Plan To Address Needs.-- (1) Development and implementation.--Not later than March 30, 2027, the Secretaries referred to in subsection (a)(6), in consultation with the Director of the Office of Management and Budget and the Director of the Office of Personnel Management, shall jointly develop and implement a plan that addresses the needs of the Department of Commerce, the Department of Agriculture, and the Department of the Interior, as applicable, to hire, appoint, promote, or train additional covered employees who carry out covered services such that sufficient covered employees are available throughout each fiscal year, beginning in fiscal year 2027, without the need for waivers of premium pay limitations. (2) Submittal.--Not later than 30 days before the date on which the Secretaries implement the plan developed under paragraph (1), the Secretaries shall submit the plan to the relevant congressional committees. (3) Limitation.--The plan developed under paragraph (1) shall not be contingent on any Secretary receiving amounts appropriated for fiscal years beginning in fiscal year 2027 in amounts greater than amounts appropriated for fiscal year 2024. (e) Policies and Procedures for Health, Safety, and Well-Being.--The Secretary concerned shall maintain policies and procedures to promote the health, safety, and well-being of covered employees. SEC. 708. SUBMISSIONS TO CONGRESS REGARDING THE FIRE WEATHER SERVICES PROGRAM, INCIDENT METEOROLOGIST WORKFORCE NEEDS, AND NATIONAL WEATHER SERVICE WORKFORCE SUPPORT. (a) Report to Congress.--Not later than 18 months after the date of the enactment of this Act, the Under Secretary shall submit to the appropriate committees of Congress-- (1) the plan described in subsection (b); (2) the assessment described in subsection (c); and (3) the assessment described in subsection (d). (b) Fire Weather Services Program Plan.-- (1) Elements.--The plan submitted under subsection (a)(1) shall detail-- (A) the observational data, modeling requirements, ongoing computational needs, research, development, and technology transfer activities, data management, skilled-personnel requirements, engagement with relevant Federal emergency and land management agencies and partners, and corresponding research, development, and operational resources and timelines necessary to achieve the functions described in subsection (b) of section 702 and the priorities described in subsection (c) of such section; and (B) plans and needs for all other activities and requirements under this title and the amendments made by this title. (2) Submittal of annual budget for plan.--Following completion of the plan submitted under subsection (a)(1), the Under Secretary shall, not less frequently than once each year concurrent with the submission of the budget by the President to Congress under section 1105 of title 31, United States Code, submit to Congress a proposed budget corresponding with the elements detailed in the plan. (c) Incident Meteorologist Workforce Needs Assessment.-- (1) In general.--The Under Secretary shall conduct a workforce needs assessment on the current and future demand for additional incident meteorologists for wildfires and other high-impact fire weather events. (2) Elements.--The assessment required by paragraph (1) shall include the following: (A) A description of staffing levels as of the date on which the assessment is submitted under subsection (a)(2) and projected future staffing levels. (B) An assessment of the state of the research, development, and operational infrastructure of the National Weather Service as of the date on which the assessment is submitted and future needs of such infrastructure in order to meet current and future demands, including with respect to information technology support and logistical and administrative operations. (3) Considerations.--In conducting the assessment required by paragraph (1), the Under Secretary shall consider user needs and feedback from relevant stakeholders. (d) Support Services Assessment.-- (1) In general.--The Under Secretary shall conduct a workforce support services assessment with respect to employees of the National Weather Service engaged in emergency response. (2) Elements.--The assessment required by paragraph (1) shall include the following: (A) An assessment of the need for services provided by the Public Health Service to support the employees of the National Weather Service engaged in emergency response. (B) A detailed assessment of appropriations required to secure the level of support services needed as identified in the assessment described in subparagraph (A). (3) Additional support services.--Following the completion of the assessment required by paragraph (1), the Under Secretary shall seek to acquire additional support services to meet the needs identified in the assessment. SEC. 709.

Text printed in the Record (11,020 characters)

FIRE WEATHER SCIENCE AND TECHNOLOGY WORKING GROUP; STRATEGIC PLAN. (a) Fire Weather Science and Technology Working Group.-- (1) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall establish a working group, to be known as the "Fire Weather Science and Technology Working Group" (in this section referred to as the "Working Group"). (2) Chair.--The Working Group shall be chaired by the Under Secretary, or designee. (3) General duties.-- (A) In general.--The Working Group shall seek to build efficiencies among the agencies listed under section 711(c)(1) and coordinate the planning and management of science, research, technology, and operations related to science and support services for wildland fire prediction, detection, forecasting, modeling, resilience, response, management, and assessments. (B) Input.--The Working Group shall solicit input from non-Federal stakeholders. (b) Strategic Plan.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Working Group shall prepare and submit to Congress a strategic plan for interagency coordination, research, and development that will improve the assessment of fire environments and the understanding and prediction of wildland fires, associated wildfire smoke, and the impacts of such fires and smoke, including-- (A) on communities, buildings, and other infrastructure; (B) on ecosystem services and watersheds; (C) social and economic impacts; (D) by developing and encouraging the adoption of science-based and cost-effective measures-- (i) to enhance community resilience to wildland fires; (ii) to address and mitigate the impacts of wildland fires and associated wildfire smoke; and (iii) to restore natural fire regimes in fire-dependent ecosystems; (E) by improving the understanding and mitigation of the effects of weather and long-term drought on wildland fire risk, frequency, and severity; (F) through integration of social and behavioral sciences in public safety fire communication; (G) by improving the forecasting and understanding of prescribed fires and the impacts of such fires, and how those impacts may differ from impacts of wildland fires that originate from an unplanned ignition; and (H) consideration and adoption of any recommendations included in the report required by section 711(c). (2) Plan elements.--The strategic plan required by paragraph (1) shall include the following: (A) A description of the priorities and needs of vulnerable populations. (B) A description of high-performance computing, visualization, and dissemination needs. (C) A timeline and guidance for implementation of-- (i) an interagency data sharing system for data relevant to performing fire assessments and modeling fire risk and fire behavior; (ii) a system for ensuring that the fire prediction models of relevant agencies can be interconnected; and (iii) to the maximum extent practicable, any recommendations included in the report required by section 711(c). (D) A plan for incorporating and coordinating research and operational observations, including from infrared technologies, microwave, radars, satellites, mobile weather stations, and uncrewed aerial systems. (E) A flexible framework to communicate clear and simple fire event information to the public. (F) Integration of social, behavioral, risk, and communication research to improve the fire operational environment and societal information reception and response. (c) Sunset.--The Working Group shall terminate following the submission of the plan under subsection (b). SEC. 710. FIRE WEATHER RATING SYSTEM. (a) In General.--The Under Secretary shall, in collaboration with the Chief of the United States Forest Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the Federal Emergency Management Agency, the Director of the United States Fish and Wildlife Service, the Director of the Bureau of Indian Affairs, the Director of the Bureau of Land Management, and such Federal departments and agencies and stakeholders as the Under Secretary considers appropriate-- (1) evaluate the system used as of the date of the enactment of this Act to rate the risk of wildfire; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of fire risk. (b) Update Required.--If the Under Secretary determines under subsection (a) that updates to the system described in paragraph (1) of such subsection are necessary, the Under Secretary shall update that system. SEC. 711. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS. (a) Report on Fire Weather Services Program.-- (1) In general.--Not later than 2 years after the date of the establishment of the program under section 702(a), the Comptroller General of the United States shall submit to Congress a report on such program. (2) Elements.--The report required by paragraph (1) shall-- (A) evaluate the performance of the program by establishing initial baseline capabilities and tracking progress made toward fully operationalizing the functions described in section 702(b); and (B) include such other recommendations as the Comptroller General determines are appropriate to improve the program. (b) Report on Interagency Bodies for Wildfire Forecasting, Prevention, Planning, and Management.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that-- (1) identifies all Federal interagency bodies established for the purpose of wildfire forecasting, prevention, planning, and management (such as wildfire councils, commissions, and workgroups), including-- (A) the Wildland Fire Leadership Council; (B) the White House Wildfire Resilience Interagency Group; (C) the Wildland Fire Management Policy Committee; (D) the Wildland Fire Mitigation and Management Commission; (E) the Joint Fire Science Program; (F) the National Interagency Coordination Center; (G) the National Predictive Services Oversight Group; (H) the Interagency Council for Advancing Meteorological Services; (I) the National Wildfire Coordinating Group; (J) the National Multi-Agency Coordinating Group; and (K) the Mitigation Framework Leadership Group; (2) evaluates the roles, functionality, and utility of such interagency bodies; (3) evaluates the progress, performance, and implementation of such interagency bodies; (4) assesses efficacy and identifies potential overlap and duplication of such interagency bodies in carrying out interagency collaboration with respect to wildfire prevention, planning, and management; and (5) includes such other recommendations as the Comptroller General determines are appropriate to streamline and improve wildfire forecasting, prevention, planning, and management, including recommendations regarding the interagency bodies for which the addition of the Administration is necessary to improve wildfire forecasting, prevention, planning, and management. (c) Report on Interagency Coordination.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that identifies-- (1) the authorities, roles, and science and support services relating to wildland fire prediction, detection, forecasting, modeling, resilience, response, management, and assessment provided by-- (A) the Department of Commerce, including the Administration and the National Institute of Standards and Technology; (B) the National Aeronautics and Space Administration; (C) the Department of the Interior; (D) the Department of Agriculture; (E) the National Science Foundation; (F) the Department of Energy; (G) the Federal Emergency Management Agency; (H) the Department of Transportation; (I) the Environmental Protection Agency; and (J) the Department of Defense; and (2) recommended areas in and mechanisms by which the agencies listed under paragraph (1) could support and improve-- (A) coordination between Federal departments and agencies, State and local governments, Indian tribes, Tribal organizations, Native Hawaiian organizations, and other relevant stakeholders, including through examination of possible public-private partnerships; (B) research and development, including interdisciplinary research, related to fire environments, wildland fires, associated wildfire smoke, and the impacts of such environments, fires, and smoke, in furtherance of a coordinated interagency effort to address wildland fire risk reduction; (C) data management and stewardship, the development and coordination of data systems and computational tools, and the creation of a centralized, integrated data collaboration environment for agency data, including historical data, relating to weather, fire environments, wildland fires, associated wildfire smoke, and the impacts of such environments, fires, and smoke, and the assessment of wildland fire risk mitigation measures; (D) interoperability, usability, and accessibility of the scientific data, data systems, and computational and information tools of the agencies listed under paragraph (1); (E) coordinated public safety communications relating to fire weather events, fire hazards, and wildland fire and smoke risk reduction strategies; and (F) secure and accurate real-time data, alerts, and advisories to wildland firefighters and other decision support tools for wildland fire incident command posts. (d) Report on Automated Surface Observing System.--Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that-- (1) evaluates the functionality, utility, reliability, and operational status of the automated surface observing system across the Administration, the Federal Aviation Administration, and the Department of Defense; (2) evaluates the progress, performance, and implementation of the plan required by section 705(b)(1)(B); (3) assesses the efficacy of cross-agency collaboration and stakeholder engagement in carrying out the plan and provides recommendations to improve such activities; (4) evaluates the operational continuity and reliability of the system, particularly in remote and rural areas and areas where system failure would have the greatest negative impact to the community, and provides recommendations to improve such continuity and reliability; (5) assesses Federal coordination regarding the remote automatic weather station network, air resource advisors, and other Federal observing assets used for weather and subseasonal to seasonal modeling and response activities, and provides recommendations for improvements; and (6) includes such other recommendations as the Comptroller General determines are appropriate to improve the system. SEC. 712.

Text printed in the Record (11,922 characters)

COOPERATION AND COORDINATION. (a) Cooperation.--Each Federal department and agency shall cooperate with the Under Secretary, as appropriate, in carrying out this title and the amendments made by this title. (b) Coordination.-- (1) In general.--In meeting the requirements under this title and the amendments made by this title, the Under Secretary shall coordinate, and as appropriate, establish agreements with Federal and external partners to fully use and leverage existing assets, systems, networks, technologies, and sources of data. (2) Inclusions.--Coordination carried out under paragraph (1) shall include coordination with-- (A) the agencies represented at the National Interagency Fire Center; (B) the Predictive Services Program of the National Interagency Coordination Center; (C) the National Wildfire Coordinating Group; and (D) relevant interagency bodies identified in the report required by section 711(b). (3) Consultation.--In carrying out this subsection, the Under Secretary shall consult with Federal partners including-- (A) the National Aeronautics and Space Administration; (B) the Department of the Interior; (C) the Federal Emergency Management Agency; (D) the National Science Foundation; (E) the United States Geological Survey; (F) the Department of Agriculture; (G) the Environmental Protection Agency; (H) the Department of Energy; (I) the Department of Defense; (J) the National Institute of Standards and Technology; and (K) such other departments and agencies as the Under Secretary considers relevant. (c) Process for Annual Coordination With Non-Federal Entities.--Not later than 18 months after the date of the enactment of this Act, the Under Secretary shall develop and submit to the appropriate committees of Congress a process for annual coordination with State and local governments, Indian tribes, Tribal organizations, and Native Hawaiian organizations to assist the development of improved fire weather products and services. (d) International Coordination.-- (1) In general.--The Under Secretary may develop collaborative relationships and agreements with foreign partners and counterparts to address transboundary issues pertaining to wildfires, fire weather, wildfire smoke, air quality, and associated conditions and hazards or other relevant meteorological phenomena, as appropriate, to facilitate full and open exchange of data and information. (2) Consultation.--In carrying out activities under this subsection, the Under Secretary shall consult with the Department of State and such other Federal partners as the Under Secretary considers appropriate. SEC. 713. GENERAL PROVISIONS. (a) Avoidance of Duplication.-- (1) In general.--The Under Secretary shall ensure, to the greatest extent practicable, that activities carried out under this title and the amendments made by this title are not duplicative of activities supported by other parts of the Administration or other relevant Federal departments and agencies. (2) Coordination.--In carrying out activities under this title and the amendments made by this title, the Under Secretary shall coordinate with the Administration and heads of other Federal research agencies-- (A) to ensure those activities enhance and complement, but do not constitute unnecessary duplication of, efforts; and (B) to ensure the responsible stewardship of funds. (b) Rule of Construction.--Nothing in this title may be construed-- (1) to satisfy any requirement for government-to-government consultation with Indian tribes; or (2) to affect or modify any treaty or other right of any Indian tribe. SEC. 714. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Administration to carry out this title and the amendments made by this title-- (1) $15,000,000 for fiscal year 2027; (2) $20,000,000 for fiscal year 2028; (3) $27,000,000 for fiscal year 2029; (4) $36,000,000 for fiscal year 2030; and (5) $50,000,000 for fiscal year 2031. (b) Prohibition.--None of the amounts authorized to be appropriated by subsection (a) may be used to unnecessarily duplicate activities, as determined by the Under Secretary, funded under title VIII of division D of the Infrastructure Investment and Jobs Act (Public Law 117-58; 135 Stat. 1094). TITLE VIII--PRECIPITATION ESTIMATES AND LANDSLIDE PREPAREDNESS SEC. 801. INCLUSION OF ATMOSPHERIC RIVERS AND EXTREME PRECIPITATION EVENTS IN ESTIMATES OF PRECIPITATION FREQUENCY. (a) Definitions.--Section 12(a) of the Flood Level Observation, Operations, and Decision Support Act (15 U.S.C. 9707(a)) is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (3) and (4), respectively; and (2) by inserting before paragraph (3) (as so redesignated) the following: "(1) Atmospheric river.--The term `atmospheric river' means a transient corridor of strong water vapor in the atmosphere that-- "(A) produces significant quantities of rain or snow; and "(B) may be primarily beneficial to the water supply or hazardous due to flooding. "(2) Atmospheric river flooding event.--The term `atmospheric river flooding event' means an atmospheric river that-- "(A) results in flooding of rivers and streams or other hazards to human life, property, or the economy; and "(B) is of particular concern to human health, property, and the economy, as determined by the Secretary of Commerce.". (b) Requirements.--Section 12(d)(1) of the Flood Level Observation, Operations, and Decision Support Act (15 U.S.C. 9707(d)(1)) is amended by inserting ", such as precipitation resulting from hurricanes, atmospheric river flooding events, and other precipitation events" before the period at the end. SEC. 802. REAUTHORIZATION OF NATIONAL LANDSLIDE PREPAREDNESS ACT. (a) Definitions.--Section 2 of the National Landslide Preparedness Act (43 U.S.C. 3101) is amended-- (1) by redesignating paragraphs (4) through (11) as paragraphs (6), (7), (9), (10), (12), (13), (14), and (15), respectively; (2) by inserting after paragraph (3) the following: "(4) Atmospheric river.--The term `atmospheric river' has the meaning given the term in section 12(a) of the Flood Level Observation, Operations, and Decision Support Act (15 U.S.C. 9707(a)). "(5) Atmospheric river flooding event.--The term `atmospheric river flooding event' has the meaning given the term in section 12(a) of the Flood Level Observation, Operations, and Decision Support Act (15 U.S.C. 9707(a))."; (3) by inserting after paragraph (7) (as so redesignated) the following: "(8) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))."; (4) by inserting after paragraph (10) (as so redesignated) the following: "(11) Native hawaiian organization.--The term `Native Hawaiian organization' has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517), except that the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs."; and (5) by adding at the end the following: "(16) Tribal organization.--The term `Tribal organization' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).". (b) National Landslide Hazards Reduction Program.-- (1) Establishment.--Section 3(a)(3) of the National Landslide Preparedness Act (43 U.S.C. 3102(a)(3)) is amended by striking "protect" and inserting "contribute to protecting". (2) Program activities.--Section 3(b)(1)(C)(ii) of the National Landslide Preparedness Act (43 U.S.C. 3102(b)(1)(C)(ii)) is amended by striking "implement" and inserting "disseminate". (3) National strategy.--Section 3(b)(2) of the National Landslide Preparedness Act (43 U.S.C. 3102(b)(2)) is amended-- (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so redesignated), by striking "Not later than" and inserting the following: "(A) In general.--Not later than"; and (C) by adding at the end the following: "(B) Assessment.--For purposes of the first national strategy published after the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026 under subparagraph (A), the Secretary, in consultation with the Secretary of Commerce, shall include an assessment of the risks that meteorological conditions, such as atmospheric river flooding events, pose to the safety of life and property in the United States with respect to landslide hazards.". (4) National landslide hazards database.--Section 3(b)(3) of the National Landslide Preparedness Act (43 U.S.C. 3102(b)(3)) is amended-- (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (B) by inserting after subparagraph (B) the following: "(C) the identification of areas in need of additional hazard risk assessment, including areas that may be at risk due to-- "(i) hydrology or changes in hydrology that may include erosion, drought, or other characteristics that could impact landslide risk; "(ii) meteorological conditions, such as atmospheric river flooding events; "(iii) geologic activity, such as volcanic eruptions, earthquakes, or tsunamis; or "(iv) data-poor areas or hazards with poor monitoring that could contribute to increased landslide risk;". (5) Landslide hazard and risk preparedness for communities.--Section 3(b)(4) of the National Landslide Preparedness Act (43 U.S.C. 3102(b)(4)) is amended-- (A) in the matter preceding subparagraph (A), by inserting "Native Hawaiian organizations and other stakeholders, as appropriate," before "and Indian tribes"; (B) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking "local, and Tribal governments and decisionmakers" and inserting "and local governments, Indian tribes, Tribal organizations, Native Hawaiian organizations, and other decisionmakers"; (ii) by striking clause (iii) and inserting the following: "(iii) health and safety with respect to landslides;"; (iii) by redesignating clause (iv) as clause (v); and (iv) by inserting after clause (iii) the following: "(iv) reducing losses from landslides, including the threats caused by meteorological conditions, such as atmospheric rivers; and"; and (C) in subparagraph (B)-- (i) in clause (i), by striking "local, and Tribal officials" and inserting "and local officials, Indian tribes, Tribal organizations, and Native Hawaiian organizations"; and (ii) in clause (ii), by striking "local, and Tribal emergency managers" and inserting "and local emergency managers and emergency managers of Indian tribes, Tribal organizations, and Native Hawaiian organizations". (6) Debris flow early warning system.--Section 3(b)(5) of the National Landslide Preparedness Act (43 U.S.C. 3102(b)(5)) is amended-- (A) in subparagraph (B), by striking "State, territorial, local, and Tribal governments" and inserting "State, territorial, and local governments, Indian tribes, Tribal organizations, and Native Hawaiian organizations"; (B) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (C) in the matter preceding clause (i) (as so redesignated), by striking "In carrying out" and inserting the following: "(A) In general.--In carrying out"; and (D) by adding at the end the following: "(B) Consultation.--In carrying out subparagraph (A), the Secretary may consult with an institution of higher education described in subsection (d)(2)(B)(iv) and other stakeholders to establish and support emergency response procedures, as appropriate.". (7) Emergency response activities.--Section 3(b)(6) of the National Landslide Preparedness Act (43 U.S.C.

Text printed in the Record (10,332 characters)

3102(b)(6)) is amended-- (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so redesignated), by striking "In carrying" and inserting the following: "(A) In general.--In carrying"; (C) in subparagraph (A) (as so designated)-- (i) in the matter preceding clause (i) (as so redesignated), by inserting "Native Hawaiian organizations," before "and Indian tribes"; (ii) in clause (ii) (as so redesignated), by striking "and" at the end; (iii) in clause (iii) (as so redesignated), by striking the period at the end and inserting "; and"; and (iv) by adding at the end the following: "(iv) to improve real-time risk management during landslide events, including with respect to landslide events caused by-- "(I) hydrology or changes in hydrology that may include erosion, drought, or other characteristics that could impact landslide risk; "(II) meteorological conditions, such as atmospheric river flooding events; "(III) geologic activity, such as volcanic eruptions, earthquakes, or tsunamis; "(IV) data-poor areas or hazards with poor monitoring that could contribute to increased landslide risk; or "(V) thawing permafrost and glacial retreat causing destabilization of slopes."; and (D) by adding at the end the following: "(B) Consultation.--In carrying out subparagraph (A), the Secretary may consult with an institution of higher education described in subsection (d)(2)(B)(iv) and the private sector.". (8) Advisory committee.--Section 3(d)(2)(B) of the National Landslide Preparedness Act (43 U.S.C. 3102(d)(2)(B)) is amended-- (A) in clause (iii), by striking "geological"; and (B) in clause (vi), by striking "local, and Tribal emergency management agencies" and inserting "and local emergency management agencies and emergency management agencies of Indian tribes and Native Hawaiian organizations". (9) Regional partnerships.--Section 3 of the National Landslide Preparedness Act (43 U.S.C. 3102) is amended-- (A) by striking subsection (i); (B) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (C) by inserting after subsection (d) the following: "(e) Regional Partnerships.-- "(1) In general.--As soon as practicable after the date of the enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026, the Secretary shall establish, in each region in which the Secretary determines that there is a high landslide hazard, a regional partnership with an eligible partner described in paragraph (2). "(2) Eligible partners.--An organization or institution of higher education with expertise in landslide mapping, research, and monitoring shall be eligible for a regional partnership under paragraph (1). "(3) Purposes and duties.--A regional partnership established under paragraph (1) shall-- "(A) allow the Secretary to leverage applicable expertise in regional organizations; "(B) coordinate long-term landslide research specific to the applicable region; and "(C) align interagency landslide monitoring efforts.". (10) Grant programs.--Section 3 of the National Landslide Preparedness Act (43 U.S.C. 3102) is amended, in paragraph (1) of subsection (f) (as redesignated by paragraph (9)(A))-- (A) in subparagraph (A)(i), by striking "local, and Tribal governments to research, map, assess" and inserting "and local governments, Indian tribes, Tribal organizations, and Native Hawaiian organizations to research, map, assess, monitor"; (B) in subparagraph (B)-- (i) in clause (i), by inserting "institutions of higher education described in subsection (d)(2)(B)(iv)," before "and Indian tribes"; and (ii) in clause (ii)-- (I) by redesignating subclauses (II) through (IV) as subclauses (III) through (V), respectively; and (II) by inserting after subclause (I) the following: "(II) in regions that have recently experienced loss of life due to landslides;"; and (C) in subparagraph (C)-- (i) in clause (i), by inserting "awarded" after "grants"; and (ii) in clause (ii), by striking "made" and inserting "or other accomplishments resulting". (11) Significant events.--Section 3 of the National Landslide Preparedness Act (43 U.S.C. 3102) is amended, in subsection (h)(3) (as so redesignated), by striking "local, and Tribal partners" and inserting "and local partners, Indian tribes, Tribal organizations, and Native Hawaiian organizations". (12) Funding.--Section 3 of the National Landslide Preparedness Act (43 U.S.C. 3102) is amended, in subsection (i) (as redesignated by paragraph (9)(A))-- (A) in the matter preceding paragraph (1), by striking "2024" and inserting "2031"; and (B) in paragraph (1), by striking "$25,000,000 to carry out this section" and inserting "$35,000,000 to carry out this section, of which not less than $10,000,000 shall be made available for the purchase, deployment, and repair of landslide early warning systems in high-risk areas". (13) Deficit reduction.--Section 3 of the National Landslide Preparedness Act (43 U.S.C. 3102), as so amended, is further amended by adding at the end the following: "(j) Funding; Deficit Reduction.-- "(1) Funding.--Funds used by an agency to carry out this section may, as provided in advance in appropriations Acts, only come from amounts authorized to be appropriated to that agency. "(2) Deficit reduction.--Any amount appropriated to an account of a Federal department or agency for the Federal department or agency to carry out a responsibility under this section that is cancelled pursuant to section 1552(a) of title 31, United States Code, shall be transferred to the general fund of the Treasury and be applied to deficit reduction.". (c) 3D Elevation Program.-- (1) Establishment.--Section 5(a) of the National Landslide Preparedness Act (43 U.S.C. 3104(a)) is amended-- (A) in paragraph (1)(A), by inserting "and derivative" after "3D elevation"; and (B) in paragraph (2)(B)(i), by inserting ", process, and integrate" after "acquire". (2) 3D elevation federal interagency coordinating committee.--Section 5(b)(3) of the National Landslide Preparedness Act (43 U.S.C. 3104(b)(3)) is amended-- (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: "(D) the 3D Hydrography Program Working Group;". (3) Grants and cooperative agreements.--Section 5(d)(3) of the National Landslide Preparedness Act (43 U.S.C. 3104(d)(3)) is amended by striking "publically" and inserting "publicly". (4) Funding.--Section 5(e) of the National Landslide Preparedness Act (43 U.S.C. 3104(e)) is amended by striking "2024" and inserting "2031". SEC. 803. NEXT GENERATION WATER OBSERVING SYSTEM. The Act of December 24, 1942 (56 Stat. 1086, chapter 822; 43 U.S.C. 36b), is amended-- (1) in the first section, by striking "That the Secretary of the Interior" and inserting the following: "SECTION 1. GAGING STREAMS AND UNDERGROUND WATER RESOURCES. "The Secretary of the Interior (referred to in this Act as the `Secretary')"; (2) in section 1 (as so designated)-- (A) in the second sentence, by striking "of the Interior"; and (B) in the proviso-- (i) by striking "this Act" each place it appears and inserting "this section"; and (ii) by striking "of the Interior"; and (3) by adding at the end the following: "SEC. 2. NEXT GENERATION WATER OBSERVING SYSTEM. "(a) Establishment.--The Secretary shall establish within the United States Geological Survey a system, to be known as the `Next Generation Water Observing System' (referred to in this section as the `System'). "(b) Purpose.--The purpose of the System is to provide real-time data on water quantity and quality-- "(1) that, as compared to previous systems, is more affordable, more rapid, and available in more locations; and "(2) that support advanced modeling tools-- "(A) to provide state-of-the-art flood and drought forecasts; "(B) to inform emergency- and water-management decision support systems; and "(C) to help evaluate-- "(i) the near-term and long-term risks of floods and droughts, including any scenarios that modify those risks; "(ii) the quantity of water stored in seasonal snow packs, and how changes in seasonal snow packs affect water supplies; "(iii) the early stages of drought; "(iv) the predicted timelines for drought recovery; "(v) the quantity of water lost to evapotranspiration; "(vi) water quality differences during wet and dry periods; "(vii) the effects of streamflow on groundwater; "(viii) the effects of groundwater on streamflow; and "(ix) ice and water volume stored in glaciers and changing water volumes due to glacial retreat. "(c) System Requirements.--The System shall provide for-- "(1) state-of-the-art measurements; "(2) a dense array of sensors at selected sites; "(3) increased spatial and temporal coverage; "(4) new technology testing and implementation; "(5) improved operational efficiency; and "(6) modernized and timely data storage and delivery. "(d) Priority Regions.--In determining in which regions of the United States Geological Survey to carry out the System, the Secretary shall give priority to regions of the United States Geological Survey in which there is-- "(1) a high level of drought; "(2) a reliance on reservoirs for water storage; "(3) a reliance on hydrologic storage, including groundwater, aquifers, and snowpack; and "(4) flooding and heavy rainfall. "(e) Coordination.--In the implementation of this section, the System shall coordinate with the National Integrated Drought Information System as appropriate. "(f) Authorization of Appropriations.-- "(1) In general.--There is authorized to be appropriated to carry out this section in 10 initial basins, as determined by the Secretary, $30,000,000 for fiscal year 2027, to remain available until expended. "(2) Derivation of funds.--Amounts made available to carry out this section shall be derived from amounts appropriated or otherwise made available to the United States Geological Survey.". SEC. 804. WATER DATA ENHANCEMENT AND NATIONAL GROUNDWATER RESOURCES MONITORING BY UNITED STATES GEOLOGICAL SURVEY. Section 9507 of the Omnibus Public Land Management Act of 2009 (42 U.S.C.

Text printed in the Record (3,778 characters)

10367) is amended-- (1) in subsection (a)-- (A) in paragraph (2)(C)-- (i) in clause (i), by striking "and" at the end; (ii) in clause (ii), by inserting "and" after the semicolon at the end; and (iii) by adding at the end the following: "(iii) the conduct of groundwater quality assessments relating to permafrost thaw and changes in precipitation rates;"; (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by striking "10 years" and inserting "13 years"; and (II) in clause (i), by striking "national streamflow information program" and inserting "Federal priority streamgage program"; (ii) in subparagraph (B), by striking "Federal Priority streamgage program" and inserting "Federal Priority Streamgage Network"; and (iii) by adding at the end the following: "(C) Priority sites.--In selecting sites for the installation of streamgages under subparagraph (A), the Secretary shall give priority to regions of the United States Geological Survey in which there is-- "(i) a high level of drought; "(ii) a reliance on reservoirs for water storage; "(iii) a reliance on hydrologic storage, including groundwater, aquifers, and snowpack; and "(iv) flooding and heavy rainfall. "(D) No impact on existing sites.--The priority provided under subparagraph (C) shall have no impact on any site or region in which a streamgage has been installed, and is operating, as of the date of enactment of the Weather Research and Forecasting Innovation Reauthorization Act of 2026, subject to the condition that the data from such a site or region are continuing to meet the priority needs of stakeholders, as determined by the Secretary."; and (C) in paragraph (6)-- (i) in subparagraph (B), by striking "$10,000,000 for each of fiscal years 2009 through 2028" and inserting "$30,000,000 for each of fiscal years 2027 through 2034"; and (ii) by adding at the end the following: "(C) Derivation of funds.--Amounts made available to carry out this subsection shall be derived from amounts appropriated or otherwise made available to the United States Geological Survey."; and (2) in subsection (b)-- (A) in paragraph (2)-- (i) in subparagraph (B), in the matter preceding clause (i), by striking "and State and local water resource agencies and Tribes" and inserting ", State and local water resource agencies, Indian tribes, Tribal organizations, and Native Hawaiian organizations"; and (ii) in subparagraph (C), by striking "State water resource agency or Tribe" and inserting "State water resource agency, Indian tribe, Tribal organization, or Native Hawaiian organization"; (B) in paragraph (6)-- (i) by striking "give priority to those activities" and inserting the following: "give priority to-- "(A) activities"; (ii) in subparagraph (A) (as so designated)-- (I) by striking "State, a Tribe" and inserting "State, Indian tribe, Tribal organization, Native Hawaiian organization,"; and (II) by striking the period at the end and inserting "; and"; and (iii) by adding at the end the following: "(B) activities conducted in regions of the United States Geological Survey in which there is-- "(i) a high level of drought; "(ii) a reliance on reservoirs for water storage; "(iii) a reliance on hydrologic storage, including groundwater, aquifers, and snowpack; and "(iv) flooding and heavy rainfall."; and (C) in paragraph (7)-- (i) by striking "There are authorized to be appropriated" and inserting the following: "(A) In general.--There is authorized to be appropriated"; and (ii) by adding at the end the following: "(B) Derivation of funds.--Amounts made available to carry out this subsection shall be derived from amounts appropriated or otherwise made available to the United States Geological Survey.".

TITLE IX--IMPROVING CYBERSECURITY AND TELECOMMUNICATIONS FOR OCEANIC RESEARCH

Text printed in the Record (5,261 characters)

SEC. 901. DEFINITIONS. In this title: (1) Director.--The term "Director" means the Director of the National Science Foundation. (2) Oceanographic research vessel.--The term "oceanographic research vessel" has the meaning given the term in section 2101 of title 46, United States Code. (3) U.S. academic research fleet.--The term "U.S. Academic Research Fleet" means the United States flagged vessels that-- (A) have been accepted into, and are active participants administered within, the University-National Oceanographic Laboratory System; (B) are operated as oceanographic research vessels by research universities and laboratories; (C) receive funding from the National Science Foundation; and (D) have achieved designation as a member vessel of the fleet through a standard evaluation process. SEC. 902. PLAN TO IMPROVE CYBERSECURITY AND TELECOMMUNICATIONS OF U.S. ACADEMIC RESEARCH FLEET. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Director shall, in consultation with the head of any Federal department or agency, university, or laboratory that owns or operates a vessel of the U.S. Academic Research Fleet, submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to improve the cybersecurity and telecommunications of the U.S. Academic Research Fleet. (b) Elements.--The plan required by subsection (a) shall include-- (1) an assessment of the telecommunications and networking needs of the U.S. Academic Research Fleet, consistent with the typical scientific missions of the vessels of such fleet; (2) in consultation with the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology, an assessment of cybersecurity needs appropriate for-- (A) the ownership of vessels within the U.S. Academic Research Fleet; and (B) the scientific missions of such vessels; (3) an assessment of the costs necessary to meet the needs described in paragraphs (1) and (2), including-- (A) any necessary equipment, such as satellite communications equipment, software, high-performance computing clusters shipboard and shoreside, or enterprise hardware; and (B) estimated personnel costs in excess of current expenditures, including any necessary training, support, or logistics; (4) an assessment of the time required to implement any upgrades required to meet the needs described in paragraphs (1) and (2) under varying budgets and funding scenarios; (5) the adoption of common solutions or consortial licensing agreements, or the centralization of elements of fleet cybersecurity, telecommunications, or data management at a single facility; and (6) in consultation with any non-Federal owners of a vessel of the U.S. Academic Research Fleet, a spending plan for the National Science Foundation, the Office of Naval Research, non-Federal owners of vessels of the U.S. Academic Research Fleet, users of the U.S. Academic Research Fleet, or any combination thereof, to provide funding to cover the costs described in paragraph (3). (c) Considerations.--The Director shall, in preparing the plan required by subsection (a), consider-- (1) the network capabilities, including speed and bandwidth targets, necessary to meet the scientific mission needs of each class of vessels of the U.S. Academic Research Fleet for such purposes as-- (A) executing the critical functions and communications of the vessels; (B) providing network access to conduct medical care via telemedicine or related crisis response care; (C) as necessary to meet operations, uploading any scientific data to a shoreside server, including the copying of data off ship for disaster recovery or risk mitigation purposes; (D) as appropriate, conducting real-time streaming to enable shore-based observers to participate in ship-based maintenance or research activities; and (E) real-time coordinated viewing of-- (i) scientific instrumentation so that it is possible to conduct scientific surveys and seafloor mapping with fully remote subject-matter experts; and (ii) critical operational technology by manufacturers and vendors so that it is possible to carry out maintenance and repairs to systems with limited expertise on the vessel, with fully remote subject-matter experts advising; and (2) in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the Director of the National Institute of Standards and Technology, and the heads of other Federal departments or agencies, as appropriate-- (A) the cybersecurity recommendations in the report of the private scientific advisory group known as JASON entitled "Cybersecurity at NSF Major Facilities" (JSR-21-10E) and dated October 2021 as applied to the U.S. Academic Research Fleet; (B) standards and guidance for information security, including the use of encryption for sensitive information, the detection and handling of security incidents, and other areas determined relevant by the Director; (C) facilitating access to cybersecurity personnel and training of research and support personnel; and (D) the requirements for controlled unclassified or classified information.

TITLE X--INTEGRATED OCEAN OBSERVATION SYSTEM REAUTHORIZATION ACT OF 2026

Text printed in the Record (11,825 characters)

SEC. 1001. SHORT TITLE. This title may be cited as the "Integrated Ocean Observation System Reauthorization Act of 2026". SEC. 1002. PURPOSES. Section 12302 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601) is amended-- (1) in paragraph (1), in the matter preceding subparagraph (A)-- (A) by striking "Council" and inserting "Ocean Policy Committee"; (B) by striking "and ocean observation" and inserting ", ocean, and meteorological observations"; and (C) by striking "and coastal information" and inserting ", coastal, and meteorological information"; and (2) in paragraph (4)(A)-- (A) by inserting "data management systems and cyber infrastructure," after "data gaps,"; and (B) by striking "global climate change,". SEC. 1003. DEFINITIONS. Section 12303 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3602) is amended-- (1) by striking paragraph (2); (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; (3) in paragraph (2), as so redesignated, by striking "Council" and inserting "Ocean Policy Committee"; (4) by inserting after paragraph (4), as redesignated by paragraph (2), the following: "(5) Ocean policy committee.--The term `Ocean Policy Committee' means the Ocean Policy Committee established by section 8932 of title 10, United States Code."; (5) in paragraph (6), by inserting "conduct operational oceanography measurements and" after "systems in order to"; (6) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; (7) by inserting after paragraph (7) the following: "(8) State.--The term `State' has the meaning given that term in section 3501 of title 40, United States Code."; and (8) in paragraph (10), as redesignated by paragraph (6), by striking "Council" and inserting "Ocean Policy Committee". SEC. 1004. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM. Section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603) is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (A), by striking "national" and inserting "regional, national,"; (B) in subparagraph (C), by inserting "and ocean" after "weather"; and (C) in subparagraph (E)-- (i) in clause (iv), by inserting "and ocean" after "weather" each place it appears; and (ii) in clause (v), by inserting "and ocean" after "weather"; (2) in subsection (c)-- (A) in paragraph (1)-- (i) in the paragraph heading, by striking "Council" and inserting "Ocean policy committee"; and (ii) in the matter preceding subparagraph (A), by striking "Council" each place it appears and inserting "Ocean Policy Committee"; (B) in paragraph (2)-- (i) in subparagraph (A), by striking "The Council" and inserting "The Ocean Policy Committee"; and (ii) in subparagraph (B)-- (I) by redesignating clauses (vi) through (x) as clauses (vii) through (xi), respectively; and (II) by inserting after clause (v) the following: "(vi) develop requirements and processes for regional associations and federally funded projects of the agencies participating in the Interagency Ocean Observation Committee to collaborate with the regional coastal observing systems for data sharing at regional levels;"; and (C) in paragraph (3)(C)-- (i) in clause (iii)(I), by inserting "as operational entities" after "associations"; (ii) in clause (x), by inserting ", cyber infrastructure," after "data management"; and (iii) in clause (xiii)-- (I) by inserting "and ocean" after "weather"; and (II) by striking "and harmful algal bloom forecasting" and inserting "harmful algal bloom forecasting, and resource and coastal management"; (3) in subsection (d)(1), by adding a period at the end; and (4) by striking "the Council" each place it appears and inserting "the Ocean Policy Committee". SEC. 1005. REPORT TO CONGRESS. Section 12307 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3606) is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (B) by inserting after paragraph (7) the following: "(8) a post-storm evaluation for all major storms in the United States that occurred during the year preceding the submission of the report, to assess the impact of observations of the System and other products of the System with respect to storm forecast accuracy;"; and (2) by striking "Council" each place it appears and inserting "Ocean Policy Committee". SEC. 1006. AUTHORIZATION OF APPROPRIATIONS. Section 12311 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3610) is amended-- (1) by striking "There are" and inserting the following: "(a) In General.--There are"; (2) by striking "--" and all that follows through "(5)"; (3) by striking "fiscal year 2025" and inserting "each of fiscal years 2027 through 2031"; and (4) by adding at the end the following: "(b) Allocation of Funds.-- "(1) In general.--Except as provided by paragraph (2), the Secretary shall allocate not less than 7.5 percent of amounts appropriated pursuant to the authorization of appropriations under subsection (a) to each regional coastal observing system that was in existence on January 1, 2025. "(2) Exclusion of disaster relief appropriations.--Paragraph (1) does not apply with respect to any amounts appropriated by an Act making supplemental appropriations for disaster relief.". SEC. 1007. CONFORMING AMENDMENTS. (a) Interagency Financing and Agreements.--Section 12305(b) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3604(b)) is amended by striking "the Council" and inserting "the Ocean Policy Committee". (b) Public-Private Use Policy.--Section 12308 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3607) is amended by striking "Council" each place it appears and inserting "Ocean Policy Committee". (c) Intent of Congress.--Section 12310 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3609) is amended by striking "the Council" each place it appears and inserting "the Ocean Policy Committee". SEC. 1101. RELOCATION ALLOWANCES. (a) In General.--The Under Secretary, acting through the Director of the National Weather Service, may establish an alternative or fixed rate relocation allowance for employees of the National Weather Service transferred in the interest of the Federal Government from one official station to another for permanent duty, including employees transferred to the National Weather Service from another Federal department or agency, and for the immediate family of the employee, notwithstanding subchapter II of chapter 57 of title 5, United States Code, and any regulations prescribed under that subchapter. (b) Service Agreement.--Nothing in this section shall be construed to abrogate the requirement that an employee to be afforded a relocation allowance under subsection (a) agree in writing to remain in the Government service as would otherwise be required by and under the same terms as provided in sections 5722 and 5724 of title 5, United States Code, as relevant to transfers of employees to posts of duty outside the continental United States and official stations within the continental United States, respectively. (c) Relocation Allowance Defined.--In this section, the term "relocation allowance" includes any allowance authorized under section 5724, 5724a, 5726, 5727, or 5729 of title 5, United States Code. SEC. 1102. UNFUNDED PRIORITIES LIST, REPORTS, AND PLANS. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term "appropriate committees of Congress" means-- (A) the Committee on Natural Resources of the House of Representatives; (B) the Committee on Science, Space, and Technology of the House of Representatives; (C) the Committee on Appropriations of the House of Representatives; (D) the Committee on Commerce, Science, and Transportation of the Senate; and (E) the Committee on Appropriations of the Senate. (2) Capital budgetary line item.--The term "capital budgetary line item" means a line item in the budget justification materials submitted to Congress in support of the budget of the President for a fiscal year pursuant to section 1105 of title 31, United States Code, for any aircraft or vessel for the National Oceanic and Atmospheric Administration valued at more than $3,000,000. (3) Infrastructure and assets.--The term "infrastructure and assets" means-- (A) repair and construction of infrastructure, facilities, and laboratories; (B) instrumentation; (C) resources for data storage and analysis, including options for cloud-based and supercomputing services; and (D) with respect to the Office of Marine and Aviation Operations, aircraft, vessels, and uncrewed systems, associated facility construction and repair needs, instrumentation, and requirements to operate new and existing assets to reliably meet the mission needs of the National Oceanic and Atmospheric Administration. (4) Unfunded priority.--The term "unfunded priority" means a program or mission requirement that-- (A) has not been selected for funding in the applicable proposed budget; (B) is necessary to fulfill a statutory or mission requirement; and (C) the Under Secretary would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted. (b) Unfunded Priorities List.-- (1) In general.--Not later than 15 days after the date on which the President submits to Congress the budget of the President for a fiscal year pursuant to section 1105 of title 31, United States Code, the Under Secretary, in consultation with the Assistant Administrator for each line office of the National Oceanic and Atmospheric Administration, shall submit to the appropriate committees of Congress a report that includes a list of unfunded priorities of the Administration. (2) Inclusions.--The list required by paragraph (1) shall include unfunded priorities related to the needs of the National Oceanic and Atmospheric Administration-- (A) to meet statutory and mission requirements to-- (i) protect human life, property, and the economy from the impacts of weather and water; (ii) manage the Nation's fisheries and ocean, coastal, and Great Lakes resources; and (iii) manage, steward, and make improvements to data storage, accessibility, interoperability, and utilization; (B) with respect to infrastructure and assets to meet statutory and mission requirements, including-- (i) needs with respect to-- (I) repair and construction of infrastructure, facilities, and laboratories; (II) scientific support equipment and instrumentation; and (III) resources for data storage and analysis, including options for cloud-based and supercomputing services; and (ii) with respect to the Office of Marine and Aviation Operations, in coordination with the Assistant Administrator for Marine and Aviation Operations, needs with respect to aircraft and vessels, associated facility construction and repair needs, and resources required to operate new and existing assets; (C) with respect to operational shortfalls that compromise the ability of the National Oceanic and Atmospheric Administration to meet the statutory and mission requirements described in subparagraph (A), including by compromising the ability of the Administration to meet those requirements in a timely manner; (D) with respect to mitigating fishery disasters, including in accordance with the requirements under the heading "fisheries disaster assistance" in title II of the Disaster Relief Supplemental Appropriations Act, 2023 (division N of Public Law 117-328; 136 Stat.

Text printed in the Record (10,976 characters)

5205); and (E) with respect to transitioning successful experimental programs under the Office of Oceanic and Atmospheric Research as of the date of the enactment of this Act into an operational capacity under another office of the National Oceanic and Atmospheric Administration. (3) Prioritization.--The list required by paragraph (1) shall-- (A) present the unfunded priorities of the National Oceanic and Atmospheric Administration in order from highest to lowest priority, as determined by the Under Secretary; and (B) with respect to each unfunded priority, include-- (i) a brief description of the unfunded priority and its relationship to the statutory and mission requirements of the National Oceanic and Atmospheric Administration; (ii) an estimate of the funding level required; and (iii) an assessment of the status of the design or acquisition program, if applicable. (c) Stock Assessments and Surveys.-- (1) Planned stock assessments and surveys.--Not later than February 1 of each year, the Under Secretary, in consultation with the Assistant Administrator for Marine and Aviation Operations and the Assistant Administrator for the National Marine Fisheries Service, shall make available on a publicly accessible website a list of planned stock assessments and surveys for the upcoming fiscal year. (2) Priority stock assessments in unfunded priorities list.--The list required by subsection (b)(1) shall include priority stock assessments described in subparagraph (B)(ii) of section 304(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(e)(1)), as added by paragraph (3), that are unfunded priorities. (3) Data-poor stocks.--Section 304(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(e)(1)) is amended-- (A) by inserting "(A)" after "(1)"; and (B) by adding at the end the following: "(B) The report required by subparagraph (A) shall include-- "(i) an assessment of whether stock survey data is adequately available, not available, or not sufficiently available; "(ii) priority stock assessments and surveys conducted for the purpose of-- "(I) significantly decreasing uncertainty in stock assessments; "(II) maintaining continuity of data for species management; or "(III) increasing the ability of the National Oceanic and Atmospheric Administration to meet the statutory and mission requirements described in section 1102(b)(2)(A) of the Weather Research and Forecasting Innovation Reauthorization Act of 2026; and "(iii) for the priority stock assessments under clause (ii), a description of the type, resource needs, and estimated cost of increased survey efforts to meet the goals under that clause.". (d) Capital Investment Plan.-- (1) In general.--Not later than 60 days after the date on which the President submits to Congress the budget of the President for a fiscal year pursuant to section 1105 of title 31, United States Code, the Under Secretary, in consultation with the Assistant Administrators for the line offices of the National Oceanic and Atmospheric Administration, as appropriate, shall submit to the appropriate committees of Congress a future-years capital investment plan. (2) Inclusions.--The plan required by paragraph (1) shall include-- (A) the fleet replacement and modernization plan required by section 604 of the NOAA Fleet Modernization Act (33 U.S.C. 891b); (B) the NOAA Aircraft Recapitalization Plan and any plan developed to carry out section 11708 of the Don Young Coast Guard Authorization Act of 2022 (division K of Public Law 117-263; 33 U.S.C. 851 note prec.); (C) a replacement and modernization plan of any National Oceanic and Atmospheric Administration space-based observation platforms maintained under section 301 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8531); and (D) any other plan the Under Secretary considers appropriate. (3) Elements.--The plan required by paragraph (1) shall identify, for each capital budgetary line item-- (A) the proposed funding level included in the applicable proposed budget; (B) the total estimated cost of completion; (C) projected funding levels for each fiscal year for the next 5 fiscal years or until completion, whichever is earlier; (D) an estimated completion date at the projected funding levels; and (E) changes, if any, in the total estimated cost of completion or estimated completion date from previous future-years capital investment plans submitted under this subsection. SEC. 1103. METEOROLOGICAL OBSERVATIONS IN THE ARCTIC REGION. (a) Establishment of Meteorological Observation Stations in the Arctic Region.--The Under Secretary may take such action as necessary in the development of an international basic meteorological observation network in the Arctic region of the Western Hemisphere, including the establishment, operation, and maintenance of observation stations in cooperation with the following: (1) The Department of State and other Federal departments and agencies. (2) The meteorological services and space-based assets of the United States and foreign countries. (3) The commercial sector. (4) Local communities and Indian Tribes in the Arctic region. (5) Persons engaged in air and marine commerce. (b) Transfer From Other Government Departments of Surplus Equipment and Supplies for Arctic Stations.--Section 4 of the Act entitled "An Act to provide basic authority for certain functions and activities of the Weather Bureau, and for other purposes", approved June 2, 1948 (62 Stat. 286, chapter 373; 15 U.S.C. 328) is amended-- (1) by striking "charge" and all that follows through "Army" and inserting "charge to the National Oceanic and Atmospheric Administration, the Secretary of the Army"; (2) by striking "are authorized" and all that follows through "surplus" and inserting "may transfer to the National Weather Service equipment and supplies that are surplus"; and (3) by striking "of Arctic weather stations" and inserting "of Arctic observation stations in the United States". (c) Repeal.--The first section of the Act of February 12, 1946 (60 Stat. 4, chapter 4; 15 U.S.C. 313a), is repealed. SEC. 1104. TRANSFER OF EXCESS PROPERTY OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (a) In General.--Notwithstanding chapter 5 of title 40, United States Code, or any other provision of law governing the disposition of excess property, the Under Secretary may, on such terms as the Under Secretary determines appropriate, transfer to another Federal department or agency the property of the National Oceanic and Atmospheric Administration (in this section referred to as the "Administration") that the Under Secretary has designated, in accordance with subsection (b), as excess property. (b) Designation.--The Under Secretary shall designate, based on the assessment described in subsection (c), as excess property any on-orbit low earth orbiting or geostationary earth orbiting satellite of the Administration that has reached the end of its operational use relating to the collection of environmental data for use in weather forecast models or other scientific research. (c) Assessment.-- (1) In general.--In carrying out subsection (b), the Under Secretary shall conduct an assessment to determine the appropriateness of making the designation under such subsection. (2) Elements.--In conducting the assessment under paragraph (1), the Under Secretary shall carry out the following: (A) Evaluate the operational viability of satellites described in subsection (b) based on the following: (i) Spacecraft health. (ii) Sensor performance. (iii) Fuel and lifetime margin. (iv) Data continuity. (v) Ground segment readiness. (B) Assess the risk of a data-gap in the existing on-orbit satellites and any satellites in storage that have not launched as of the date of such assessment, to ensure environmental data redundancy and resilience relating to such satellites. (d) Reimbursement.--The Under Secretary may require reimbursement from the Federal department or agency under subsection (a) to which a transfer is carried out pursuant to such subsection for the fair value of such property, as determined by the Under Secretary. (e) Use of Funds.-- (1) Establishment of fund.--There is established in the Treasury of the United States a special account for amounts collected as reimbursements under subsection (d) (referred to in this subsection as the "Fund"). (2) Deposits.--Notwithstanding section 3302(b) of title 31, United States Code, there shall be deposited in the Fund any reimbursement received under subsection (d). (3) Use of funds.--All amounts in the Fund shall-- (A) be available, without further appropriation, for upgrades, improvements, or repair of existing capital assets and facilities of the National Environmental Satellite, Data, and Information Service of the Administration in order to enhance mission support and mission capabilities in addition to any other amounts that may be available for such purposes; and (B) remain available until expended. (4) Report on funds.--The Under Secretary shall submit to Congress, as part of the annual President's budget request, a report detailing the availability and use of funds, including information relating to any upgrades, improvements, or repairs of existing capital assets and facilities referred to in paragraph (3)(A), received under subsection (d). (f) Congressional Notification.--Not later than 60 days before a transfer under this section, the Under Secretary shall notify the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate in writing of plans relating to such a transfer. Such notification shall include the assessment conducted under subsection (c). (g) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report evaluating the Administration's authorities, policies, and Federal Government-wide policies related to transferring any portion of the excess property designated in accordance with subsection (b) operated by the Administration to any other Federal department or agency, which shall include-- (1) a description of the process for decommissioning an Administration satellite, any existing agreements related to transfers of such satellites, whether decommissioned or not as of the date of any such agreement, and any reimbursable agreements related to such transfers under subsection (d); and (2) a summary of any Administration plans for potential transfer of existing or future satellites described in such subsection operated by the Administration to any other Federal department or agency. SEC. 1105.

Text printed in the Record (3,744 characters)

MISCELLANEOUS AUTHORITIES. (a) Technical Assistance in the Pacific.-- (1) In general.--Subject to the availability of appropriations, and at the discretion of the Secretary of Commerce, in consultation with the Secretary of State, the Under Secretary may provide to Pacific Island parties technical assistance and services in line with the mission of the National Oceanic and Atmospheric Administration. (2) Regional capacity.-- (A) Use of existing programs, offices, and sites.--To implement this subsection, the Under Secretary shall primarily use existing programs, offices, and sites of the National Oceanic and Atmospheric Administration in the Pacific Islands region. (B) Cooperative institute.--In order to further augment existing regional capacity in the Pacific Islands region, the Under Secretary may consider the formation of a cooperative institute to focus and advise on the unique needs of that region. (3) Pacific island parties defined.--In this subsection, the term "Pacific Island parties" means-- (A) the Trust Territories of the Pacific Islands; (B) the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, which have each entered into a Compact of Free Association with the United States; and (C) such other parties as the Under Secretary considers appropriate. (b) State Assistance.--The Under Secretary may provide technical assistance, data, and operational products or services in support of State governments, or entities and institutions partnering or collaborating with State governments, in the voluntary production of relevant State assessments. (c) International Collaboration.-- (1) In general.--The Under Secretary, acting through the Director of the National Weather Service, may establish and maintain partnerships and other relationships with national and regional weather services around the world to support the co-development and deployment of meteorological information and instrumentation. (2) Existing agreements and partnerships.--Partnerships and other relationships established and maintained under paragraph (1), including those provided by the international desks of the National Centers for Environmental Prediction, shall build upon existing agreements and partnerships with the Department of State, other relevant Federal departments or agencies, and the World Meteorological Organization. (d) Authority To Pay Certain Meeting Expenses.--Notwithstanding section 1345 of title 31, United States Code, the Under Secretary may, subject to the availability of appropriations, incur reasonable subsistence expenses directly related to hosting a meeting or conference in the United States, excluding expenses related to travel, transportation, lodging, and per diem for non-Federal employees. (e) Service Modernization.--The Under Secretary shall ensure that data, services, and products of the National Oceanic and Atmospheric Administration comply with the 21st Century Integrated Digital Experience Act (Public Law 115-336; 44 U.S.C. 3501 note) to increase the utility of and access to data, services, and products of the National Oceanic and Atmospheric Administration. (f) Briefing.--Not later than 1 year after the date of enactment of this Act, the Under Secretary shall provide to the Committee on Science, Space, and Technology and the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the topic, number, and time commitment of intra-agency and interagency meetings, councils, boards, and summits attended by each line office Assistant Administrator and Deputy Administrator of the National Oceanic and Atmospheric Administration.

Text of Senate Amendment 6836

Pages S5076–S5078 · Official text

Text printed in the Record (6,989 characters)

Text printed in the Record (11,897 characters)

Text printed in the Record (2,854 characters)

Text of Senate Amendment 6837

Pages S5078–S5080 · Official text

Text printed in the Record (11,817 characters)

Text printed in the Record (7,710 characters)

Text of Senate Amendment 6838

Pages S5080–S5119 · Official text

Text printed in the Record (366 characters)

Text printed in the Record (1,928 characters)

Text printed in the Record (1,361 characters)

Text printed in the Record (754 characters)

TITLE I--REAUTHORIZATION OF THE WEATHER RESEARCH AND FORECASTING INNOVATION ACT OF 2017

Text printed in the Record (9,299 characters)

Text printed in the Record (6,899 characters)

Text printed in the Record (11,989 characters)

Text printed in the Record (11,607 characters)

Text printed in the Record (11,925 characters)

Text printed in the Record (11,042 characters)

Text printed in the Record (11,267 characters)

Text printed in the Record (10,479 characters)

Text printed in the Record (10,083 characters)

Text printed in the Record (11,569 characters)

Text printed in the Record (10,522 characters)

Text printed in the Record (9,052 characters)

Text printed in the Record (6,972 characters)

Text printed in the Record (8,120 characters)

Text printed in the Record (11,997 characters)

Text printed in the Record (10,651 characters)

Text printed in the Record (11,585 characters)

Text printed in the Record (11,188 characters)

Text printed in the Record (11,383 characters)

Text printed in the Record (10,414 characters)

Text printed in the Record (11,772 characters)

TITLE V--IMPROVING WEATHER INFORMATION FOR AGRICULTURE AND WATER MANAGEMENT

Text printed in the Record (9,869 characters)

Text printed in the Record (11,809 characters)

Text printed in the Record (10,347 characters)

Text printed in the Record (11,663 characters)

Text printed in the Record (9,868 characters)

Text printed in the Record (11,866 characters)

Text printed in the Record (11,999 characters)

Text printed in the Record (11,945 characters)

Text printed in the Record (11,020 characters)

Text printed in the Record (11,922 characters)

Text printed in the Record (10,332 characters)

Text printed in the Record (3,778 characters)

TITLE IX--IMPROVING CYBERSECURITY AND TELECOMMUNICATIONS FOR OCEANIC RESEARCH

Text printed in the Record (5,261 characters)

TITLE X--INTEGRATED OCEAN OBSERVATION SYSTEM REAUTHORIZATION ACT OF 2026

Text printed in the Record (11,825 characters)

Text printed in the Record (10,976 characters)

Text printed in the Record (3,744 characters)

Privileges of the Floor

Pages S5119–S5120 · Official text

Richard J. Durbin (D-IL)

Mr. President, I ask unanimous consent that the following law clerks to the Senate Judiciary Committee be granted floor privileges until December 1, 2026: Megan Griffin, Melissa "Mel" Harris, Andrew Lee, Hannah O'Koon, and David Pelikan.

The PRESIDING OFFICER

Without objection, it is so ordered.

Mr. President, I ask unanimous consent to grant floor privileges to my interns on their shadow days at the following times: Sophie Adams on September 29; Kamryn Ford on September 30; Johnathan Propes on November 10; Phineas Papenfus on November 17; Benjamin Mueller on November 18; Henry Denner on December 1; Mubarika Shah on December 2; Kate Eames on December 8; Frances Currie on December 9; and Ana Sofia Mendoza on December 16.

The PRESIDING OFFICER

Without objection, it is so ordered.

Appointment

Page S5120 · Official text

The PRESIDING OFFICER

The Chair, on behalf of the Majority Leader, pursuant to the provisions of Public Law 118-49, and in consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Committee on the Judiciary of the Senate, appoints the following individual to serve as a member of the Foreign Intelligence Surveillance Act (FISA) Reform Commission: Adam Klein of Texas.

Common Cents Act

Page S5120 · Official text

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be discharged from further consideration of H.R. 10167 and the Senate proceed to its immediate consideration.

The PRESIDING OFFICER

The clerk will report the bill by title.

The legislative clerk read as follows:

Text printed in the Record (188 characters)

A bill (H.R. 10167) to direct the Secretary of the Treasury to stop minting the penny, to require cash transactions to be rounded up or down to the nearest 5 cents, and for other purposes.

There being no objection, the committee was discharged, and the Senate proceeded to consider the bill.

Mr. President, 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. 10167) was ordered to a third reading, was read the third time, and passed.

Early Act Reauthorization of 2025

Page S5120 · Official text

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 460, S. 2339.

The PRESIDING OFFICER

The clerk will report the bill by title.

The legislative clerk read as follows:

Text printed in the Record (124 characters)

A bill (S. 2339) to reauthorize the Young Women's Breast Health Education and Awareness Requires Learning Young Act of 2009.

There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Health, Education, Labor, and Pensions with an amendment to strike all after the enacting clause and insert the part printed in italic, as follows:

Text printed in the Record (475 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 "EARLY Act Reauthorization of 2025". SEC. 2. REAUTHORIZATION OF THE YOUNG WOMEN'S BREAST HEALTH EDUCATION AND AWARENESS REQUIRES LEARNING YOUNG ACT OF 2009. Section 399NN(h) of the Public Health Service Act (42 U.S.C. 280m(h)) is amended by striking "2022 through 2026" and inserting "2027 through 2031".

Mr. President, I ask unanimous consent that the committee-reported substitute amendment be agreed to; that the bill, as amended, 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 committee-reported amendment, in the nature of a substitute, was agreed to. The bill (S. 2339), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed.

Accelerating Access to Critical Therapies for Als Reauthorization Act of 2026

Page S5120 · Official text

ACCELERATING ACCESS TO CRITICAL THERAPIES FOR ALS REAUTHORIZATION ACT OF 2026

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 466, H.R. 8205.

The PRESIDING OFFICER

The clerk will report the bill by title.

The legislative clerk read as follows:

Text printed in the Record (177 characters)

A bill (H.R. 8205) to amend the Accelerating Access to Critical Therapies for ALS Act to reauthorize the provisions of such Act through fiscal year 2031, and for other purposes.

There being no objection, the Senate proceeded to consider the bill.

Mr. President, I ask unanimous consent that the bill be considered read a third time.

The PRESIDING OFFICER

Without objection, it is so ordered.

The bill was ordered to a third reading and was read the third time.

I know of no further debate on the bill.

The PRESIDING OFFICER

If there is no further debate on the bill, the bill having been read the third time, the question is, Shall the bill pass? The bill (H.R. 8205) was passed.

I ask unanimous consent that the motion to reconsider be considered made and laid upon the table.

The PRESIDING OFFICER

Without objection, it is so ordered.

Falun Gong and Victims of Forced Organ Harvesting Protection Act

Pages S5120–S5121 · Official text

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 506, S. 4009.

The PRESIDING OFFICER

The clerk will report the bill by title.

The legislative clerk read as follows:

Text printed in the Record (162 characters)

A bill (S. 4009) to provide for the imposition of sanctions with respect to forced organ harvesting within the People's Republic of China, and for other purposes.

There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Foreign Relations with an amendment to strike all after the enacting clause and insert in lieu thereof the following:

Text printed in the Record (11,962 characters)

SECTION 1. SHORT TITLE. This Act may be cited as the "Falun Gong and Victims of Forced Organ Harvesting Protection Act". SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term "appropriate congressional committees" means-- (A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate. (2) Forced organ harvesting.--The term "forced organ harvesting" means the removal of one or more organs from an individual by means of coercion, abduction, deception, fraud, or abuse of power or a position of vulnerability. (3) Intelligence community.--The term "intelligence community" has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (4) Organ.--The term "organ" has the meaning given the term "human organ" in section 301(c)(1) of the National Organ Transplant Act (42 U.S.C. 274e(c)(1)). SEC. 3. FINDINGS. Congress makes the following findings: (1) Public and private organizations have persistently expressed concerns regarding organ transplant policies and practices in the People's Republic of China, including allegations of forced organ harvesting of those targeted by authorities of the People's Republic of China based on religious beliefs, ethnic background, or other affiliations. (2) The 2023 International Religious Freedom Report of the Department of State stated, "Civil society organizations continued to express concern over reports that authorities [of the People's Republic of China] forced members of religious organizations, in particular Falun Gong members and ethnic Uyghurs, to serve as organ donors.". (3) The Government of the People's Republic of China has failed to provide a full, credible, and independently verifiable response to repeated international calls for increased accountability and transparency for its organ transplant policies and practices, particularly allegations related to forced organ harvesting. (4) The United States Government, including the intelligence community, has yet to provide its formal assessment of allegations related to systemic organ harvesting practices by the Government of the People's Republic of China, including against Falun Gong practitioners. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the United States Government should-- (1) investigate allegations of systemic forced organ harvesting in the People's Republic of China, including incidents involving Falun Gong practitioners; and (2) condemn illegal, coercive, non-consensual, or non-transparent organ procurement and transplantation practices, including forced organ harvesting from prisoners of conscience. SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FORCED ORGAN HARVESTING WITHIN THE PEOPLE'S REPUBLIC OF CHINA. (a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person included in the most recent list submitted under subsection (b). (b) List of Persons.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons that the President determines to have knowingly and directly engaged in or facilitated forced organ harvesting within the People's Republic of China. (2) Updates of lists.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) as new information becomes available; (B) not later than one year after the date of the enactment of this Act; and (C) annually thereafter until the date of termination under subsection (h). (3) Form.--The list required by paragraph (1), and any updates to the list required by paragraph (2), shall be submitted in unclassified form, but may include a classified annex. (c) Sanctions Described.--The sanctions described in this subsection are the following: (1) Blocking of property.--The President shall exercise all of the powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person on the most recent list submitted under subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Inadmissibility of certain individuals.-- (A) Ineligibility for visas, admission, or parole.--An alien included in the most recent list submitted under subsection (b) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visa revoked.-- (i) In general.--An alien described in subparagraph (A) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect.--A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))-- (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien's possession. (3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (d) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person who violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out subsection (a) to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of that Act. (e) Exception To Comply With National Security.--The following activities shall be exempt from sanctions under this section: (1) Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.). (2) Any authorized intelligence or law enforcement activities of the United States. (f) Exception Relating to Provision of Humanitarian Assistance.--Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for-- (1) the sale of agricultural commodities, food, or medicine; (2) the provision of humanitarian assistance; (3) financial transactions relating to humanitarian assistance or for humanitarian purposes; or (4) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes. (g) Waiver Authority.-- (1) Waiver.--The President may, on a case by case basis, waive the imposition of any sanction under this section if the President determines such waiver is in the national security interests of the United States. (2) Reports.--Not later than 120 days after the date on which the President submits the first list under subsection (b)(1), and every 120 days thereafter until the date of termination under subsection (h), the President shall submit to the appropriate congressional committees a report on the extent to which the President has used the waiver authority under paragraph (1) during the 120-day period preceding submission of the report. (h) Sunset.--The authority to impose sanctions under this section shall terminate on the date that is 5 years after the date of the enactment of this Act. (i) Definitions.--In this section: (1) Admission; admitted; alien; lawfully admitted for permanent residence.--The terms "admission", "admitted", "alien", and "lawfully admitted for permanent residence" have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Foreign person.--The term "foreign person" means an individual or entity that is not a United States person. (3) Knowingly.--The term "knowingly", with respect to conduct, a circumstance, or a result, means that a person had actual knowledge, or should have known, of the conduct, the circumstance, or the result. (4) United states person.--The term "United States person" means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person located in the United States. SEC. 6. REPORT ON ORGAN TRANSPLANT POLICIES AND PRACTICES OF THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Health and Human Services, the Director of the National Institutes of Health, and the heads of relevant elements of the intelligence community, shall submit to the appropriate congressional committees a report on the organ transplant policies and practices of the People's Republic of China. (b) Matters To Be Included.--The report required under subsection (a) shall include-- (1) a formal determination as to whether the Government of the People's Republic of China engages, or formerly engaged, in systemic forced organ harvesting practices and policies; (2) a summary of de jure and de facto policies toward organ transplantation in the People's Republic of China, including with respect to prisoners of conscience (including practitioners of Falun Gong), other prisoners, and victims of forced organ harvesting; (3)(A) the number of organ transplants that are known to occur or are estimated to occur on an annual basis in the People's Republic of China; (B) the number of known or estimated voluntary organ donors in the People's Republic of China; (C) an assessment of the sources of organs for transplant in the People's Republic of China; and (D) an assessment of the time, in days, that it takes to procure an organ for transplant within the medical system of the People's Republic of China and an assessment of whether such timetable is possible based on the number of known or estimated voluntary organ donors in the People's Republic of China; (4) a list of all United States grants during the 10 years before the date of the enactment of this Act that have supported research on organ transplantation in the People's Republic of China or in collaboration between an entity of the People's Republic of China and a United States entity; and (5) if the determination made under paragraph (1) is that the Government of the People's Republic of China engages, or formerly engaged, in systemic forced organ harvesting practices and policies, a determination as to whether forced organ harvesting within the People's Republic of China constitutes an "atrocity" (as such term is defined in section 6 of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 (Public Law 115-441; 22 U.S.C. 2656 note)). (c) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 7.

Text printed in the Record (452 characters)

EXCEPTION RELATING TO IMPORTATION OF GOODS. (a) In General.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. (b) Good Defined.--In this section, the term "good" means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

I ask unanimous consent that the committee-reported substitute amendment be agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table with no intervening action or debate.

The PRESIDING OFFICER

Without objection, it is so ordered. The committee-reported amendment, in the nature of a substitute, was agreed to. The bill (S. 4009), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed.

Making America's Food Safer Act

Pages S5121–S5122 · Official text

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 530, S. 4974.

The PRESIDING OFFICER

The clerk will report the bill by title.

The legislative clerk read as follows:

Text printed in the Record (95 characters)

A bill (S. 4974) to amend the Federal Food, Drug, and Cosmetic Act with respect to food safety.

Text printed in the Record (9,441 characters)

SECTION 1. SHORT TITLE. This Act may be cited as the "Making America's Food Safer Act". SEC. 2. EXPANSION OF THE ACCREDITED THIRD-PARTY CERTIFICATION PROGRAM. (a) Revised Definitions.--Section 808(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d(a)) is amended-- (1) by striking paragraph (6) and inserting the following: "(6) Eligible entity.--The term `eligible entity' means a foreign or domestic entity, including a foreign or domestic facility subject to registration under section 415, in the food supply chain that chooses to be audited by an accredited third-party auditor or the audit agent of such accredited third-party auditor."; and (2) in paragraph (7)(B)-- (A) in clause (i), by striking "; or" and inserting a semicolon; (B) in clause (ii), by striking the period and inserting "; or"; and (C) by adding at the end the following: "(iii) whether a facility is eligible to receive a food or facility certification for other purposes described in subsection (c)(2)(B)(ii).". (b) Removing Limitations on the Use of Certifications.--Section 808(c)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d(c)(2)) is amended-- (1) in subparagraph (A), by striking "food certification, described in section 801(q), or facility certification under section 806(a), as appropriate, to accompany each food shipment for import into the United States from an eligible entity" and inserting "food certification or facility certification for purposes described in subparagraph (B), as appropriate,"; and (2) by striking subparagraph (B) and inserting the following: "(B) Purpose of certification.-- "(i) In general.--The Secretary shall use certification provided by accredited third-party auditors to-- "(I) determine, in conjunction with any other assurances the Secretary may require under section 801(q), whether a food satisfies the requirements of such section; and "(II) determine whether a facility is eligible to be a facility from which food may be offered for import under the voluntary qualified importer program under section 806. "(ii) Other considerations.--The Secretary may consider the results of regulatory audits and food or facility certifications provided by accredited third-party auditors under this section in analyzing risks and prioritizing inspections and other regulatory activities, as appropriate for the protection of public health.". (c) Technical and Conforming Amendments.--Section 808 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d) is amended-- (1) in subsection (b)(1)(A)-- (A) by striking "accreditation bodies" in the subparagraph heading and all that follows through "Not later than" in clause (i) and inserting the following: "accreditation bodies--Not later than"; and (B) by striking clause (ii); (2) in subsection (c)-- (A) in paragraphs (1) and (2), by striking "(or, in the case of direct accreditation under subsection (b)(1)(A)(ii), the Secretary)" each place it appears; (B) in paragraph (2)(C)(i), by striking "food certification under section 801(q) or a facility certification described under this subparagraph (B)" and inserting "food certification or a facility certification described in this section"; (C) in paragraph (6)(A)(i), by striking "food certified under section 801(q) or from a facility certified under paragraph (2)(B)" and inserting "food or a facility certified under this section"; (D) in paragraph (6)(C), by striking "requirements under section 801(q), of certifying the food, or the requirements under paragraph (2)(B) of certifying the entity" and inserting "requirements for certifying the food or facility under this section"; and (E) in paragraph (7)(B)(i), by striking ", through direct accreditation under subsection (b)(1)(A)(ii) or"; and (3) in subsection (d)-- (A) in paragraph (1), by striking "or"; and (B) at the end of paragraph (2), by striking the period and inserting "; or"; and (C) by adding at the end the following new paragraph: "(3) otherwise seeks certification for purposes of subsection (c)(2)(B)(ii).". SEC. 3. SHARING FOOD SAFETY INFORMATION WITH STATE, LOCAL, TRIBAL, AND TERRITORIAL AUTHORITIES. (a) In General.--Section 708 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379) is amended by adding at the end the following: "(d) Sharing Food Safety Information With State, Local, Tribal, and Territorial Authorities.-- "(1) Authorization.--Notwithstanding section 301(j) and any other law, regulation, or policy, the Secretary may share, with a State, local, Tribal, or territorial authority with counterpart functions related to the protection of public health, unredacted information in the possession of the Food and Drug Administration relating to any of the following: "(A) Foodborne illness surveillance data. "(B) Laboratory sampling testing information. "(C) Inspectional information and results. "(D) Distribution lists for recalls and outbreaks. "(E) Consumer complaints. "(F) Any other information the Secretary determines will assist such authority in protecting the public. "(2) Timing.--The Secretary may share information pursuant to paragraph (1) as soon as is reasonably practicable. "(3) Limitation on further disclosure.--A State, local, Tribal, or Territorial authority in receipt of information provided by the Secretary under this subsection shall not further disclose such information without permission of the Food and Drug Administration unless such authority determines that disclosure of such information is necessary to contain a foodborne illness outbreak, carry out a recall, or carry out other State enforcement activities. "(4) Effect of subsection.--Nothing in this subsection affects the authority of the Secretary to enter into any written agreement authorized by other provisions of law to share confidential information. "(e) Information Disclosure During Food Safety Incidents.--The Secretary is authorized to disclose commercial information obtained from a person that is protected under section 1905 of title 18, United States Code, when the disclosure of such information advances public health protection during a food safety incident, including a foodborne illness outbreak, an investigation related to contaminated food, or a food recall.". (b) Conforming Amendment.--The first sentence of section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended-- (1) by inserting "to a State, local, Tribal, or territorial authority as specified in section 708(d)," after "of the Department,"; and (2) by striking the second period at the end. SEC. 4. DESTRUCTION OF CERTAIN REFUSED ARTICLES. Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended by adding at the end the following: "(v) Order To Destroy Certain Refused Articles.-- "(1) In general.--For any article that has been refused admission and is in violation of this Act, the Secretary of Health and Human Services may issue to the owner or consignee an order that the article shall be destroyed, without the opportunity to export, if the Secretary of Health and Human Services finds that the article presents a significant public health concern. Before issuing an order to destroy an article under this subsection, the Secretary of Health and Human Services shall provide for notice and an opportunity to appear before the Secretary of Health and Human Services and introduce testimony on the order to destroy. The Secretary of Health and Human Services may combine the opportunity to appear before the Secretary and the opportunity to introduce testimony into a single proceeding with respect to an article. The regulations under paragraph (2) shall provide that prior to the destruction of any such article, appropriate due process is available to the owner or consignee seeking to challenge the decision of the Secretary of Health and Human Services to order destruction. Such process may be combined with the notice and opportunity to appear before the Secretary and introduce testimony on the refusal as long as appropriate notice is provided to the owner or consignee about the potential order to destroy. The Secretary of the Treasury shall cause the owner or consignee to complete the destruction of any such article within 90 days of the order for destruction and the owner or consignee shall be responsible for the costs of such destruction. "(2) Regulations.-- "(A) Proposed.--Not later than 18 months after the date of enactment of the Making America's Food Safer Act, the Secretary of Health and Human Services shall issue proposed regulations to implement paragraph (1), including a framework for due process, allowing for notice and comment on such proposed regulations. "(B) Final.--Not later than 1 year after the issuance of the proposed regulations under subparagraph (A), the Secretary of Health and Human Services shall promulgate final regulations to implement paragraph (1). "(3) Exceptions.--With respect to importation by an individual of a prescription drug that is not a controlled substance pursuant to section 804(j) and in a manner that is consistent with personal or household use, the authority provided under paragraph (1) shall not apply. "(4) Clarification.--For purposes of this section, a prescription drug described in paragraph (3) that is imported as described in such paragraph shall not be considered a `significant public health concern'.".

The PRESIDING OFFICER

Without objection, it is so ordered. The committee-reported amendment, in the nature of a substitute, was agreed to. The bill (S. 4974), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed.

Terrorism Risk Insurance Program Reauthorization Act of 2026

Pages S5122–S5123 · Official text

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 672, S. 4395.

The PRESIDING OFFICER

The clerk will report the bill by title.

The legislative clerk read as follows:

Text printed in the Record (97 characters)

A bill (S. 4395) to reauthorize the Terrorism Risk Insurance Act of 2002, 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 (S. 4395) was ordered to be engrossed for a third reading, was read the third time, and passed as follows:

Text printed in the Record (1,004 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 "Terrorism Risk Insurance Program Reauthorization Act of 2026". SEC. 2. 7-YEAR EXTENSION OF TERRORISM RISK INSURANCE PROGRAM. (a) Termination Date.--Section 108(a) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking "2027" and inserting "2034". (b) Timing of Mandatory Recoupment.--Section 103(e)(7)(E)(i) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in subclause (I)-- (A) by striking "2022" and inserting "2029"; and (B) by striking "2024" and inserting "2031"; (2) in subclause (II)-- (A) by striking "2023" and inserting "2030"; (B) by striking "2029" and inserting "2036"; and (C) by striking "2024" and inserting "2031"; and (3) in subclause (III)-- (A) by striking "2029" and inserting "2036"; and (B) by striking "2024" and inserting "2031".

National Taxpayer Advocate Enhancement Act of 2025

Page S5123 · Official text

Mr. President, I ask unanimous consent that the Finance Committee be discharged from further consideration of H.R. 997 and the Senate proceed to its immediate consideration.

The PRESIDING OFFICER

The clerk will report the bill by title.

The legislative clerk read as follows:

Text printed in the Record (362 characters)

A bill (H.R. 997) to amend the Internal Revenue Code of 1986 to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998, as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

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 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. 997) was ordered to a third reading, was read the third time, and passed.

Bankruptcy Threshold Adjustment Act

Page S5123 · Official text

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 7730, 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 (136 characters)

A bill (H.R. 7730) to amend title 11, United States Code, to modify certain bankruptcy eligibility requirements, 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 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. 7730) was ordered to a third reading, was read the third time, and passed.

Resolutions Submitted Today

Page S5123 · Official text

Mr. 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. 914, S. Res. 915, and S. Res. 916.

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.")

Orders for Tuesday, September 29, 2026

Page S5123 · Official text

I ask unanimous consent that when the Senate completes its business today, it stand adjourned until 10 a.m. on Tuesday, September 29; that following the prayer and Pledge of Allegiance, 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 and the Senate be in a period of morning business, with Senators permitted to speak therein for up to 10 minutes each; further, that the Senate recess from 12:30 to 2:15 p.m. to allow for the weekly conference meetings; finally, if Senator Baldwin or her designee makes a motion to proceed to Calendar No. 456, S.J. Res. 197, the Senate vote on the motion at 2:15 p.m.

The PRESIDING OFFICER

Without objection, it is so ordered.

Adjournment Until 10 A.m. Tomorrow

Page S5123 · Official text