TEXT OF AMENDMENTS

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: September 22, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

Bills and resolutions: S. 4668 (119th Congress)
Committees: Committee on Appropriations, Committee on Appropriations, Committee on Commerce, Science, and Transportation

Readable version of the official text

SA 6796. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

On page 70, strike line 13 and insert the following:

(f) Authorization of Coaching Compensation Caps.—

(1) In general.—An institution, a conference, or an

intercollegiate athletic association may establish, enter

into agreements regarding, and enforce a maximum aggregate

cap on all-in coaching compensation for any varsity sports

team.

(2) Enforcement.—An intercollegiate athletic association

or a conference may establish financial penalties, postseason

restrictions, or loss of conference media revenue

distributions for any member institution that exceeds the cap

established under paragraph (1).

(3) All-in coaching compensation defined.—In this

subsection, the term “all-in coaching compensation” means

the total financial value of all remuneration provided

directly or indirectly to a head coach, assistant coach, or

general manager of a varsity sports team, including base

salary, performance bonuses, compensation from associated

entities or collectives, apparel or media contract fees, and

non-monetary benefits.

(g) Institution Defined.—In this section, the term

SA 6797. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

On page 66, line 9, strike “$5,000,000” and insert

“$10,000,000”.

On page 67, line 3, strike “$5,000,000” and insert

“$10,000,000”.

SA 6798. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics,

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

On page 51, strike lines 20 through 24 and insert the

following:

(1) Appointment.—The Ombudsman shall be appointed by the

Secretary of Education after meaningful consultation with

relevant stakeholders, which shall include college

presidents, athletic directors, college coaches, and student

athletes, among others, representing geographically diverse

schools and schools of different size (including large

schools (more than $80,000,000 in athletics revenue), medium

schools (more than $50,000,000 but less than $80,000,000 in

athletics revenue), and small schools (less than $50,000,000

in athletics revenue)), from a diverse variety of sports and

different divisions (Division 1, Division 2, and Division 3).

(2) Term.—The Ombudsman shall be appointed for a term of 7

years and may serve not more than 2 full terms.

(d) Administration.—

(1) In general.—An intercollegiate athletic association

shall hire and provide salary, benefits, and administrative

expenses for an Ombudsman and support staff for the Office.

(2) Salary.—The Ombudsman shall receive an annual salary

of $197,200 per year, plus benefits.

(3) Budget.—The budget of the Ombudsman shall be not less

than $25,000,000 per year.

(e) Confidentiality.—

SA 6799. Mr. WARNOCK (for himself, Mr. Booker, Mr. Scott of South Carolina, Ms. Blunt Rochester, Ms. Alsobrooks, and Mr. Coons) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE __—IGNITE HBCU EXCELLENCE

SEC. __1. SHORT TITLE.

This title may be cited as the “Institutional Grants for

New Infrastructure, Technology, and Education for HBCU

Excellence Act” or the “IGNITE HBCU Excellence Act”.

SEC. __2. GRANTS FOR THE LONG-TERM IMPROVEMENT OF HBCUS.

(a) In General.—

(1) Grants authorized.—The Secretary shall award grants to

eligible entities, on a competitive basis, to support long-

term improvements to the facilities of such entities in

accordance with this title.

(2) Grant period.—With respect to each eligible entity

that is awarded a grant under this section, such grant shall

be for a period determined appropriate by the Secretary based

on the information submitted by such entity under subsection

(b).

(3) Multiple grants permitted.—An eligible entity may

apply for, and be awarded, more than 1 grant under this

section.

(b) Application.—To be considered for a grant under this

section, an eligible entity shall submit an application to

the Secretary at such time, in such manner, and containing

such information as the Secretary may require, including—

(1) to the extent possible, the information necessary for

the Secretary to make the determinations under subsection

(c);

(2) a description of the projects that such eligible entity

plans to carry out with the grant and how such projects will

advance the long-term goals of the entity;

(3) an explanation of—

(A) how such projects will reduce risks to the health,

welfare, and safety of students, staff, administrators,

faculty, researchers, and guests at such eligible entity; and

(B) the anticipated number of years that any facilities

constructed, improved, or replaced under such projects may be

used before presenting a risk described in subparagraph (A);

(4) the median age of the facilities that such entity plans

to improve or replace under such projects; and

(5) in the case of an eligible entity seeking to carry out

facility repairs described in section __3(a)(3), a

preventative maintenance plan for such repairs.

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;

eligible to receive a Federal Pell Grant under subpart 1 of

part A of title IV of the Higher Education Act of 1965 (20

U.S.C. 1070a et seq.), and whose families qualify for other

Federal need-based aid;

(D) is a public institution that—

(i) faces declining State support or investment; and

(ii) demonstrates limited ability to generate revenue, as

determined by assessing—

(I) the total value of the endowment of the institution as

of the date on which the application is submitted; and

(II) the costs of the deferred maintenance of the

institution relative to the total revenue of the institution;

and

(E) demonstrates an effort to seek support from public and

private entities for projects carried out with a grant

awarded under this Act; and

(2) may give priority to an eligible entity—

(A) that lacks access to high-speed broadband and will use

the grant funds to improve access to high-speed broadband

sufficient to support digital and technology-based learning

in accordance with section __3(a)(6);

(B) at which the highest degree that is predominantly

awarded to students is an associate's degree;

preceding fiscal year; or

(D) that proposes projects aligned with long-term

infrastructure priorities that—

(i) serve as regional models, as determined by the

Secretary;

(ii) address multiple needs on the campus of the entity;

(iii) address the needs of at least 1 eligible entity in

addition to the entity receiving the grant; or

(iv) encourage efforts described in section __3(d).

(d) Geographic Distribution.—The Secretary shall ensure

that grants under this section are awarded to eligible

entities in a manner that reflects the geographic

distribution of such entities in the United States.

(e) Technical Assistance.—The Secretary, directly or by

grant or contract, may provide technical assistance to

eligible entities to prepare the entities to qualify, apply

for, and maintain a grant, under this Act.

(f) Relationship to HBCU Capital Financing Program.—

(1) In general.—The Secretary may take into consideration

whether an eligible entity has received a loan under a loan

agreement made under part D of title III of the Higher

Education Act of 1965 (20 U.S.C. 1066 et seq.) when—

(A) reviewing grant applications under this section;

(B) determining priority under subsection (c); and

Act.

(2) Priority.—With respect to paragraph (1)(B), the

Secretary may—

(A) determine that an eligible entity should not receive

priority under subsection (c) if such entity has received a

loan under a loan agreement made under part D of title III of

the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.);

and

(B) determine that an eligible entity should receive higher

priority under subsection (c) if such entity has not received

a loan under a loan agreement made under part D of title III

of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).

SEC. __3. 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;

facilities that house historic or cultural artifacts;

(D) constructing, modernizing, renovating, and retrofitting

any campus facility or dormitory (including dining

facilities) or other facility customarily used for housing

students;

(E) improving security and safety for students, faculty,

and staff;

(F) installing or upgrading water, wastewater, power, and

underground infrastructure; and

(G) developing facilities or infrastructure that support

job creation, entrepreneurship, and community-based

opportunities, including establishing workforce development

hubs that—

(i) are aligned with regional labor market needs;

(ii) focus on fields such as artificial intelligence; and

(iii) support education, training, and career placement for

students.

(2) Purchase, manufacture, or modernize vehicle fleets

owned and operated by such entity that are used primarily for

the purpose of facilitating campus accessibility and student

academic activities.

(3) Carry out repairs, including with respect to deferred

maintenance, to the facilities of such eligible entity in

accordance with the preventative maintenance plan submitted

under section __2(b)(5).

(4) Acquire and install research-related equipment and

technology in the campus facilities of such entity, including

specialty equipment with respect to emerging fields (as

determined by the Secretary, in consultation with the head of

the eligible entity), such as artificial intelligence, data

science, machine learning, cybersecurity, biotechnology,

chemistry, pharmaceutical sciences, robotics, and advanced

manufacturing.

(5) For the purpose of facilitating the construction of new

campus facilities that are not primarily used for classroom

instruction or academic activities—

(A) purchase or otherwise acquire title to land to serve as

a permanent site for such facilities; and

(B) to the extent that other public or private funds are

insufficient—

(i) prepare land for the construction of such facilities;

and

(ii) pay other preconstruction costs relating to the

development of such facilities.

(6) Install or extend the life of basic systems and

components of campus facilities, which may include—

(A) high-speed broadband internet infrastructure sufficient

to support digital and technology-based learning;

(B) high-capacity, middle-mile broadband networks, and

campus-wide broadband networks, including 5G and future

network generations;

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;

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.

a grant received under this title only to supplement the

level of Federal, State, and local public funds that would,

in the absence of such grant, be made available for the

activities supported by the grant, and not to supplant such

funds.

(d) Encouraging Partnerships.—The Secretary shall

encourage partnerships between eligible entities and public

and private entities to—

(1) provide additional funding; and

(2) assist in carrying out the activities under this Act.

SEC. __4. USE OF SMALL BUSINESS CONCERNS.

In carrying out projects funded with a grant under this

Act, an eligible entity shall seek to procure contracts

from—

(1) small business concerns owned and controlled by

veterans (including service-disabled veterans); and

(2) qualified HUBZone small business concerns.

SEC. __5. RESERVATION FOR ADMINISTRATIVE AND OTHER

ACTIVITIES.

(a) Reservation.—An eligible entity that receives a grant

under this title may reserve a total of not more than 5

percent of the amount of such grant to—

(1) develop the facilities master plan required under

subsection (b);

(2) carry out activities to—

(A) protect the health of students, staff, administrators,

faculty, researchers, and guests during the construction or

modernization of the campus facilities of such entity; and

(B) mitigate excessive noise caused by activities carried

out under this Act;

(3) pay personnel to carry out administrative work relating

to the grant program; and

(4) pay other reasonable administrative costs associated

with the grant program.

(b) Facilities Master Plan.—

(1) In general.—Not later than 180 days after receiving a

grant under this Act, an eligible entity shall submit to the

Secretary a comprehensive facilities master plan that—

(A) describes how the entity will carry out the activities

identified in the application submitted under section __2(b)

with the grant funds received under this Act; and

(B) identifies the anticipated benefits and outcomes of

such activities.

(2) Elements.—The facilities master plan required under

paragraph (1) shall include, with respect to the eligible

entity submitting such plan, a description of, as of the date

on which such plan is submitted—

(A) the extent to which the campus facilities—

(i) meet the educational needs of students; and

(ii) support the educational mission and vision of such

entity;

(B) the physical condition of the campus facilities;

conditions of the campus facilities, including—

(i) indoor air quality;

(ii) the presence of hazardous and toxic substances and

chemicals on or near such facilities;

(iii) the safety of drinking water at the tap and water

used for meal preparation, including the level of lead and

other contaminants in such water;

(iv) energy and water efficiency;

(v) excessive noise in academic spaces; and

(vi) other health, safety, and environmental conditions

that would impact the health, safety, and learning ability of

students;

(D) the actual and anticipated impact of current and future

student enrollment levels (as of the date of application) on

the design of current and future campus facilities, as well

as the financial implications of such enrollment levels;

(E) the dollar amount and percentage of funds such entity

will dedicate to capital construction projects, including—

(i) any funds in the budget of such entity that will be

dedicated to such projects; and

(ii) any funds not in such budget that will be dedicated to

such projects, including any funds available to the eligible

entity as the result of a bond issue or the Historically

Black College and University Capital Financing Program under

part D of title III of the Higher Education Act of 1965 (20

U.S.C. 1066 et seq.); and

(F) the dollar amount and percentage of funds such entity

will dedicate to the maintenance and operation of campus

facilities, including—

(i) any funds in the budget of such entity that will be

dedicated to the maintenance and operation of such

facilities; and

(ii) any funds not in the budget of such entity that will

be dedicated to the maintenance and operation of such

facilities.

(3) Consultation.—In developing the facilities master

plan, the eligible entity shall demonstrate that it conducted

meaningful consultation with diverse stakeholders, which may

include—

(A) staff and other institutional leaders;

(B) custodial and maintenance staff;

(D) campus facilities directors;

(E) students and families;

(F) community residents, including those directly affected

by actions undertaken as a result of utilizing grant funds;

(G) government entities;

(H) local charitable foundations;

(I) local employers;

(J) Indian Tribes, as applicable; and

(K) other such individuals and entities.

SEC. __6. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND

FORGIVENESS.

(a) In General.—Each time an institution of higher

education receives a disbursement of a loan amount under a

covered closed loan agreement, the Secretary shall repay—

(1) the outstanding balance of principal, interest, fees,

and costs on such loan amount (as of the date of such

disbursement) under the covered closed loan agreement; and

(2) any reimbursement (including reimbursements of escrow

and return of fees and deposits) relating to the covered

closed loan agreement that are usual and customary when the

loan is paid off by the institution.

(b) Covered Closed Loan Agreement.—In this section, the

term “covered closed loan agreement” means a closed loan

agreement—

(1) executed before the date of enactment of the

Consolidated Appropriations Act, 2021 (Public Law 116-260);

(2) made under part D of title III of the Higher Education

Act of 1965 (20 U.S.C. 1066 et seq.); and

(3) that provides for loan amounts that have not been

disbursed as of the date of enactment of the Consolidated

Appropriations Act, 2021 (Public Law 116-260).

SEC. __7. REPORTS.

(a) Department of Education Report.—

(1) In general.—Not later than 2 years after the date of

the enactment of this Act, and annually thereafter, the

Secretary shall submit to the appropriate congressional

committees a report on the projects carried out with grant

funds awarded under this Act.

(2) Elements.—The report required under paragraph (1)

shall include—

(A) with respect to projects carried out by eligible

entities with grant funds awarded under this Act, an

assessment of—

(i) the types of such projects;

(ii) the square footage of the improvements made by such

projects, disaggregated by—

(I) total square footage; and

(II) square footage per each eligible entity;

(iii) the total cost of each such project;

(iv) the cost described in clause (iii), disaggregated by

the cost of—

(I) planning;

(II) design;

(III) construction;

(IV) site purchase; and

(V) improvements;

(v) the geographic distribution of such projects; and

(vi) the demographic composition of the student population

served by such projects, disaggregated by—

(I) race and ethnicity; and

(II) the number and percentage of students enrolled at such

entities who are eligible to receive a Federal Pell Grant

under subpart 1 of part A of title IV of the Higher Education

Act of 1965 (20 U.S.C. 1070a et seq.);

(B) an evaluation of a sample of grant recipients, selected

by the Secretary taking into account size and geographic

location of each grantee, to determine how such recipients

are using the grant and the effectiveness of the activities

carried out with the grant; and

section __3(c).

(b) Comptroller General Appropriations Report.—

(1) In general.—Not later than 2 years after the date of

the enactment of this Act, the Comptroller General of the

United States shall conduct a study on the amount of

appropriations necessary to continue implementing the grant

program under this Act.

(2) Elements.—The study conducted under paragraph (1)

shall include—

(A) an evaluation of the approximate total cost of deferred

maintenance across eligible entities; and

(B) an overview of sources of funding for addressing such

needs other than the grant program under this Act.

(3) Report.—After the completion of the study under

paragraph (1), the Comptroller General shall submit to the

Committee on Appropriations of the Senate and the Committee

on Appropriations of the House of Representatives a report on

the results of the study.

(4) Results.—The results of the study shall be used to

inform the appropriation of funds to carry out this title for

the fiscal years following the submission of the report under

paragraph (3).

(1) Study required.—Not later than 4 years after the date

of the enactment of this Act, the Comptroller General of the

United States shall conduct a study on the implementation of

the grant program under this Act.

(2) Elements.—The study conducted under paragraph (1)

shall include—

(A) an examination of program implementation challenges;

and

(B) an assessment of whether any changes are needed to make

grants under this title more accessible to eligible entities

with fiscal challenges to help them raise capital for

infrastructure projects.

(3) Report.—After the completion of the study under

paragraph (1), the Comptroller General shall submit to the

appropriate congressional committees a report on the results

of the study, including any recommendations to the Secretary

for improvements to the implementation of the grant program

under this Act.

SEC. __8. DEFINITIONS.

In this title:

(1) Eligible entity.—The term “eligible entity” means—

(A) a part B institution, as such term is defined in

section 322(2) of the Higher Education Act of 1965 (20 U.S.C.

1061(2)); or

(B) an institution or program listed under section

326(e)(1) of such Act (20 U.S.C. 1063b(e)(1)).

(2) Secretary.—The term “Secretary” means the Secretary

of Education.

(3) State.—The term “State” has the meaning given such

term in section 103 of the Higher Education Act of 1965 (20

U.S.C. 1003).

SEC. __9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be

necessary to carry out this title for each of fiscal years

2027 through 2032.

SA 6800. Mr. BOOKER (for himself and Mr. Murphy) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

Insert after section 114 the following:

SEC. 114A. TREATMENT OF ENDORSEMENT CONTRACTS FOR COACHES.

(a) Compensation Requirement.—Any endorsement contract for

a coach of a varsity sports team shall be invalid unless the

contract is commensurate with compensation paid to

individuals with a similar profile, reputation, or notability

who are not coaches or prospective coaches.

(b) Disclosure.—Each institution shall include in the

disclosures required under section 104(a)(1) information on

any endorsement contracts in force with respect to any coach

of a varsity sports team at that institution.

SA 6801. Mr. BOOKER (for himself and Mr. Murphy) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

Insert after section 114 the following:

SEC. 114A. CAP FOR CONTRACT BUYOUTS FOR COACHES.

(a) In General.—Any contract buyout for a coach of a

varsity sports team may not exceed an amount equal to the

greatest annual amount paid to the coach under that contract.

(b) Application.—Subsection (a) shall apply to any

contract for a coach of a varsity sports team entered into on

or after the date of the enactment of this Act.

SA 6802. Mr. BOOKER (for himself and Mr. Blumenthal) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

In section 125(b), strike paragraph (4).

In section 125(c), strike paragraph (4).

SA 6803. Mr. BOOKER (for himself, Mr. Murphy, Ms. Blunt Rochester, Ms. Alsobrooks, and Mr. Warnock) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 307 and insert the following:

SEC. 307. APPROPRIATION.

There is appropriated to the Assistant Secretary to carry

out this title for each of fiscal years 2027 through 2032,

out of any money in the Treasury not otherwise appropriated,

$180,000,000, to remain available until expended.

SA 6804. Mr. BOOKER (for himself and Mr. Murphy) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr.

Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

Insert after section 114 the following:

SEC. 114A. SALARY CAP FOR COACHES.

(a) In General.—An institution may not provide

compensation to a coach of a varsity sports team that exceeds

$5,000,000 per year.

(b) Application.—Subsection (a) shall apply to any

agreement related to compensation for a coach of a varsity

sports team entered into on or after the date of the

enactment of this Act.

SA 6805. Mr. BOOKER (for himself and Mr. Blumenthal) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 106(b)(2)(C) and insert the following:

(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.

SA 6806. Mrs. BRITT (for herself and Mr. Tuberville) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

In section 114, add at the end the following:

(g) Revenue Share Cap Accounting.—All name, image, and

likeness agreements between a student athlete and an

institution, an employee of an institution, a volunteer of an

institution, a conference, an employee of a conference, or an

associated entity shall count against the revenue share cap

of the institution.

SA 6807. Mrs. MOODY submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

In section 7(a)(1) of the Act of September 30, 1961

(commonly known as the “Sports Broadcasting Act of 1961”),

as added by section 205, strike subparagraphs (A) and (B) and

insert the following:

“(A) during the 5-year period beginning on the date of

enactment of the Protect College Sports Act of 2026, merge or

consolidate with, or acquire the assets or media rights of,

another covered conference or a covered institution, if as a

result of the transaction, the number of institutions that

are members of the covered conference would be less than 75

percent of the institutions participating in the Football

Bowl Subdivision, as defined by Bylaw 20.9.9 of the National

Collegiate Athletic Association; or

“(B) acquire the assets or media rights of an institution

that is not a covered institution, unless, as a result of the

transaction, the number of institutions that are members of

the covered conference does not exceed 20 institutions; or

SA 6808. Mrs. MOODY submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title II, add the following:

SEC. 208. NO PRIVATE EQUITY IN COLLEGE ATHLETICS.

The Sports Broadcasting Act of 1961, as amended by this

title, is amended by adding at the end the following:

“SEC. 10. PROHIBITION ON PARTICIPATION BY PRIVATE EQUITY

FUNDS.

“(a) Private Equity Fund Defined.—In this section, the

term `private equity fund' has the meaning given the term in

section 13(h)(2) of the Bank Holding Company Act of 1956 (12

U.S.C. 1851(h)(2)).

“(b) Media Rights.—A private equity fund may not provide

any funding, resources, or financial incentives to any

conference or institution for the purpose of enticing any

conference or institution to participate in the voluntary

pooling of media rights under section 5.

“(c) Conference Mergers and Acquisitions.—A private

equity fund may not provide any funding, resources, or

financial incentives to any entity for the purpose of merging

or acquiring a conference or institution or creating a new

conference or intercollegiate athletic association in

violation of the prohibition under section 7.

“(d) Return on Investment or Revenue Sharing.—A private

equity fund may not provide any funding, resources, or

financial incentives to any athletic department of an

institution for the purposes of a financial agreement whereby

the providing private equity fund stands to earn a return on

investment or share of revenue from the receiving

institution.

“(e) Penalties.—A private equity fund that violates a

prohibition described in this section shall be subject to the

penalties described in section 217 of the Investment Advisers

Act of 1940 (15 U.S.C. 80b-17).”.

SA 6809. Mr. TUBERVILLE (for himself and Mr. Scott of South Carolina) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

On page 63, insert between lines 13 and 14 the following:

(f) Ineligibility Due to Certain Participation in

Professional Sports.—A student athlete shall be deemed a

professional athlete and ineligible for intercollegiate

sports if the student athlete receives compensation, direct

or indirect financial consideration, per diem, stipends, or

reimbursement in excess of reasonable, actual, and documented

travel expenses, from a professional sports team, league, or

franchise in connection with participation in any evaluation,

workout, draft combine, or training camp.

SA 6810. Mr. TUBERVILLE (for himself and Mrs. Britt) submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

On page 130, line 11, insert after “conferences.” the

following: “Nothing in the preceding sentence shall be

construed to create any inference that a media rights

arrangement outside the covered entity that is entered into

by an institution or conference before, on, or after the date

of enactment of this subsection violates the antitrust

laws.”.

SA 6811. Mr. KENNEDY submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

At the end of section 118, add the following:

(e) Rule of Construction.—

(1) In general.—Nothing in this Act may be construed to

absolve an intercollegiate athletic association, a

conference, or an institution of any liability incurred

before, on, or after the date of the enactment of this Act.

(2) Exception.—Paragraph (1) does not apply to the

antitrust exemptions under subsections (a) and (b).

SA 6812. Mr. ARMSTRONG submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE __—AMERICAN ENERGY AND MINERAL INFRASTRUCTURE

SEC. _01. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF

NATURAL GAS PIPELINES.

(a) Definitions.—In this section:

(1) Commission.—The term “Commission” means the Federal

Energy Regulatory Commission.

(2) Environmental review.—The term “environmental

review” means the process of preparing, for a proposed

agency action in accordance with the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.)—

(A) an environmental impact statement;

(B) an environmental assessment;

(D) a finding of no significant impact.

(3) Federal authorization.—The term “Federal

authorization” has the meaning given that term in section

15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).

(4) Project-related environmental review.—The term

“project-related environmental review” means any

environmental review required to be conducted with respect to

the issuance of an authorization under section 3 of the

Natural Gas Act (15 U.S.C. 717b) or a certificate of public

convenience and necessity under section 7 of that Act (15

U.S.C. 717f).

(b) Commission Responsibilities.—In acting as the lead

agency under section 15(b)(1) of the Natural Gas Act (15

U.S.C. 717n(b)(1)) for the purposes of complying with the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.) with respect to an authorization under section 3 of the

Natural Gas Act (15 U.S.C. 717b) or a certificate of public

convenience and necessity under section 7 of that Act (15

U.S.C. 717f), the Commission shall, in accordance with this

section and other applicable Federal law—

(1) be the only lead agency;

(2) coordinate as early as practicable with each agency

designated as a participating agency under subsection (d)(3)

to ensure that the Commission develops information in

conducting its project-related environmental review that is

usable by the participating agency in considering an aspect

of an application for a Federal authorization for which the

agency is responsible; and

(3) take such actions as are necessary and proper to

facilitate the expeditious resolution of its project-related

environmental review.

respect to a Federal authorization required with respect to

an application for an authorization under section 3 of the

Natural Gas Act (15 U.S.C. 717b) or a certificate of public

convenience and necessity under section 7 of that Act (15

U.S.C. 717f), each agency shall give deference, to the

maximum extent authorized by law, to the scope of the

project-related environmental review that the Commission

determines to be appropriate.

(d) Participating Agencies.—

(1) Identification.—The Commission shall identify, not

later than 30 days after the Commission receives an

application for an authorization under section 3 of the

Natural Gas Act (15 U.S.C. 717b) or a certificate of public

convenience and necessity under section 7 of that Act (15

U.S.C. 717f), any Federal or State agency, local government,

or Indian Tribe that may issue a Federal authorization or is

required by Federal law to consult with the Commission in

conjunction with the issuance of a Federal authorization

required for such authorization or certificate.

(2) Invitation.—

(A) In general.—Not later than 45 days after the

Commission receives an application for an authorization under

section 3 of the Natural Gas Act (15 U.S.C. 717b) or a

certificate of public convenience and necessity under section

7 of that Act (15 U.S.C. 717f), the Commission shall invite

any agency identified under paragraph (1) to participate in

the review process for the applicable Federal authorization.

(B) Deadline.—An agency invited under subparagraph (A)

shall submit a response to the Commission by not later than

30 days after the date the invitation is received, which may

be extended by the Commission for good cause for a period of

not more than 15 days.

subparagraph (A) fails to meet the deadline described in

subparagraph (B), the agency shall not be considered a

participating or cooperating agency.

(3) Designation as participating agencies.—Not later than

60 days after the Commission receives an application for an

authorization under section 3 of the Natural Gas Act (15

U.S.C. 717b) or a certificate of public convenience and

necessity under section 7 of that Act (15 U.S.C. 717f), the

Commission shall designate an agency identified under

paragraph (1) as a participating agency with respect to that

application unless the agency informs the Commission, in

writing, by the deadline established pursuant to paragraph

(2)(B), that the agency—

(A) has no jurisdiction or authority with respect to the

applicable Federal authorization;

(B) has no special expertise or information relevant to any

project-related environmental review; or

the project-related environmental review conducted by the

Commission.

(e) Comment Deadline.—The Commission is not required to

respond to comments regarding a Federal authorization

submitted after the applicable comment period is over.

(f) Water Quality Impacts.—

(1) In general.—Notwithstanding section 401 of the Federal

Water Pollution Control Act (33 U.S.C. 1341), a certification

under such section shall not be required with respect to a

Federal authorization.

(2) Coordination.—With respect to any environmental review

for a Federal authorization to conduct an activity that will

directly result in a discharge into the navigable waters

(within the meaning of the Federal Water Pollution Control

Act (33 U.S.C. 1251 et seq.)), the Commission shall identify

as an agency under subsection (d)(1) the State in which the

discharge originates or will originate, or, if appropriate,

the interstate water pollution control agency having

jurisdiction over the navigable waters at the point where the

discharge originates or will originate.

(3) Proposed conditions.—A State or interstate agency

designated as a participating agency pursuant to paragraph

(2) may propose to the Commission terms or conditions for

inclusion in an authorization under section 3 of the Natural

Gas Act (15 U.S.C. 717b) or a certificate of public

convenience and necessity under section 7 of that Act (15

U.S.C. 717f) that the State or interstate agency determines

are necessary to ensure that any discharge described in

paragraph (2) conducted pursuant to such authorization or

certification will comply with the applicable provisions of

sections 301, 302, 303, 306, and 307 of the Federal Water

Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316,

1317).

(4) Commission consideration of conditions.—The Commission

may include a term or condition in an authorization under

section 3 of the Natural Gas Act (15 U.S.C. 717b) or a

certificate of public convenience and necessity under section

7 of that Act (15 U.S.C. 717f) proposed by a State or

interstate agency under paragraph (3) only if the Commission

finds with clear and convincing evidence that the term or

condition is necessary to ensure that any discharge described

in paragraph (2) conducted pursuant to such authorization or

certification will comply with the applicable provisions of

sections 301, 302, 303, 306, and 307 of the Federal Water

Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316,

1317).

(5) Commission denial of certificate.—The Commission may

deny an authorization under section 3 of the Natural Gas Act

(15 U.S.C. 717b) or a certificate of public convenience and

necessity under section 7 of that Act (15 U.S.C. 717f) based

on water quality concerns only if the Commission finds with

clear and convincing evidence that the proposed project

cannot comply with the applicable provisions of sections 301,

302, 303, 306, and 307 of the Federal Water Pollution Control

Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317).

(g) Schedule.—

(1) Deadline for federal authorizations.—A deadline for a

Federal authorization required with respect to an application

for an authorization under section 3 of the Natural Gas Act

(15 U.S.C. 717b) or a certificate of public convenience and

necessity under section 7 of that Act (15 U.S.C. 717f) set by

the Commission under section 15(c)(1) of that Act (15 U.S.C.

717n(c)(1)) shall be not later than 90 days after the

Commission completes its project-related environmental

review, unless an applicable schedule is otherwise

established by Federal law.

(2) Concurrent reviews.—Each Federal and State agency that

may consider an aspect of an application for a Federal

authorization required with respect to an application for

authorization under section 3 of the Natural Gas Act (15

U.S.C. 717b) or a certificate of public convenience and

necessity under section 7 of that Act (15 U.S.C. 717f)

shall—

(A) carry out the obligations of that agency under

applicable law; and

(B) in considering an aspect of an application for a

Federal authorization required with respect to an application

for an authorization under section 3 of the Natural Gas Act

(15 U.S.C. 717b) or a certificate of public convenience and

necessity under section 7 of that Act (15 U.S.C. 717f),

shall—

(i) carry out the obligations of that agency under

applicable law concurrently, and in conjunction with, the

project-related environmental review conducted by the

Commission, pursuant to a schedule established by the

Commission not to exceed 270 days, but subject to the

condition that the Commission may, at the request of the

agency and for good cause, grant a single 60-day extension;

and

(ii) not less often than once every 90 days, transmit to

the Commission a report describing the progress made in

considering such application for a Federal authorization.

(3) Failure to meet deadline.—If a Federal or State

agency, including the Commission, fails to meet a deadline

for a Federal authorization set forth in the schedule

established by the Commission under section 15(c)(1) of the

Natural Gas Act (15 U.S.C. 717n(c)(1)), not later than 5 days

after such deadline, the head of the relevant Federal agency

(including, in the case of a failure by a State agency, the

Federal agency overseeing the delegated authority) shall

notify Congress and the Commission of such failure and set

forth a recommended implementation plan to ensure completion

of the action to which such deadline applied.

(h) Consideration of Applications for Federal

Authorization.—

(1) Issue identification and resolution.—

(A) Identification.—Federal and State agencies that may

consider an aspect of an application for a Federal

authorization shall identify, as early as possible and not

later than 90 days after receipt of a request for the Federal

authorization, any issues of concern that may delay or

prevent an agency from working with the Commission to resolve

such issues and granting the Federal authorization.

(B) Issue resolution.—The Commission may forward any issue

of concern identified under subparagraph (A) to the heads of

the relevant agencies (including, in the case of an issue of

concern that is a failure by a State agency, the Federal

agency overseeing the delegated authority, if applicable) for

resolution.

(2) Remote surveys.—

(A) In general.—If a Federal or State agency considering

an aspect of an application for a Federal authorization

requires the person applying for the Federal authorization to

submit data, the agency shall—

(i) consider any such data gathered by aerial or other

remote means that the person submits; and

(ii) accept aerial surveys in absence of clear and

convincing evidence.

(B) Conditional approval.—The agency may grant a

conditional approval for a Federal authorization based on

data gathered by aerial or remote means, conditioned on the

verification of such data by subsequent onsite inspection if

the Commission determines that an onsite inspection is likely

to materially alter the final determination of the Commission

or the grant of the certificate.

(3) Application processing.—The Commission, and Federal

and State agencies, may allow a person applying for a Federal

authorization to fund a third-party contractor to assist in

reviewing the application for the Federal authorization.

(i) Accountability, Transparency, Efficiency.—

(1) In general.—For an application for an authorization

under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a

certificate of public convenience and necessity under section

7 of that Act (15 U.S.C. 717f) that requires multiple Federal

authorizations, the Commission, with input from any Federal

or State agency considering an aspect of the application,

shall track and make available to the public on the website

of the Commission information related to the actions required

to complete the Federal authorizations.

(2) Inclusions.—The information described in paragraph (1)

shall include the following:

(A) The schedule established by the Commission under

section 15(c)(1) of the Natural Gas Act (15 U.S.C.

717n(c)(1)).

(B) A list of all the actions required by each applicable

agency to complete permitting, reviews, and other actions

necessary to obtain a final decision on the application.

in subparagraph (B).

(D) A point of contact at the agency responsible for each

such action.

(E) In the event that an action is still pending as of the

expected date of completion, a brief explanation of the

reasons for the delay.

(j) Strengthening Judicial Review of Natural Gas Act

Projects.—Section 19 of the Natural Gas Act (15 U.S.C. 717r)

is amended—

(1) in subsection (b), in the eighth sentence, by striking

“certification” and all that follows through the period at

the end and inserting “certification as provided in section

1254 of title 28, United States Code.”; and

(2) in subsection (d)—

(A) in paragraph (3), in the first sentence, by striking

“If the Court finds” and inserting the following: “Except

as provided in paragraph (6), if the Court finds”; and

(B) by adding at the end the following:

“(6) Exception for certain orders or actions.—

“(A) In general.—Notwithstanding any other provision of

this section, for petitions challenging an order or action

taken by the Commission under section 3 or section 7, the

court may not set aside, vacate, or otherwise void that order

or action.

“(B) Court action.—Notwithstanding chapter 7 of title 5,

United States Code, the Court shall remand the proceeding,

without vacatur or injunction, to the applicable Federal or

State agency to take appropriate action if the Court finds

that an order or action described in paragraph (1)—

“(i) would prevent the construction, expansion, or

operation of the facility subject to section 3 or 7; and

“(ii)(I) is inconsistent with applicable Federal law; or

“(II) is not supported by clear and convincing

evidence.”.

SEC. _02. IMPROVING WATER QUALITY CERTIFICATIONS.

Section 401 of the Federal Water Pollution Control Act (33

U.S.C. 1341) is amended—

(1) in subsection (a)—

(A) by striking “(a)(1) Any applicant” and all that

follows through “No license” in the sixth sentence of

paragraph (1) and inserting the following:

“(a) Compliance With Applicable Requirements.—

“(1) Certification required.—

“(A) In general.—Any applicant for a Federal license or

permit to conduct any activity, including the construction or

operation of facilities, which may result in a discharge

directly into the navigable waters shall provide the

licensing or permitting agency a certification from the State

in which the discharge originates or will originate or, if

appropriate, from the interstate water pollution control

agency having jurisdiction over the navigable waters at the

point where the discharge originates or will originate, that

any such discharge will comply with the applicable provisions

of sections 301, 302, 303, 306, and 307.

“(B) Certification of no applicable limitation.—In the

case of any discharge described in subparagraph (A) for which

there is not an applicable effluent limitation or other

limitation under sections 301(b) and 302, and there is not an

applicable standard under sections 306 and 307, the State,

interstate water pollution control agency, or Administrator,

as applicable, shall so certify, except that any such

certification shall not be deemed to satisfy section 511(c).

“(C) Certification by the administrator.—In any case in

which a State or interstate water pollution control agency

has no authority to give a certification under subparagraph

(A)—

“(i) the certification shall be from the Administrator;

and

“(ii) subsection (d) shall apply to the request for

certification.

“(D) Procedures required.—

“(i) In general.—The Administrator and each State and

interstate water pollution control agency that has authority

to give a certification under this subsection shall establish

procedures for public notice in the case of all requests for

certification under this subsection by the State, interstate

water pollution control agency, or Administrator, as

applicable, and, to the extent that the State, interstate

water pollution control agency, or Administrator determines

it appropriate, procedures for public hearings in connection

with specific requests.

“(ii) Decision criteria.—A decision to grant or deny a

request for certification under this subsection shall be

based solely on whether the discharge complies with the

applicable provisions of sections 301, 302, 303, 306, and

307, and the grounds for that decision shall be set forth in

writing and provided to the applicant.

“(iii) Deadline for requesting additional information.—

Not later than 90 days after the date on which a State, an

interstate water pollution control agency, or the

Administrator, as applicable, receives a request for

certification under this subsection, the State, interstate

water pollution control agency, or Administrator shall

identify in writing any specific additional materials or

information necessary for the request for certification to be

considered complete pursuant to subsection (d).

“(iv) Publication requirement.—Not later than 30 days

after the date of enactment of this clause, the Administrator

and each State and interstate water pollution control agency

that has authority to give a certification under this

subsection shall publish the requirements for a certification

under this subsection for an applicant to use to demonstrate

to the Administrator, State, or interstate water pollution

control agency, as applicable, compliance with the applicable

provisions of sections 301, 302, 303, 306, and 307.

“(E) Decisionmaking.—

“(i) Definition of receipt.—In this subparagraph, the

term `receipt', with respect to a request for certification

under this subsection, means the date on which the State,

interstate water pollution control agency, or Administrator,

as applicable, initially receives the request for

certification, regardless of whether the request for

certification is determined to be complete or additional

information is requested pursuant to subparagraph (D)(iii).

“(ii) Actions on a request.—The State, interstate water

pollution control agency, or Administrator, as applicable,

may—

“(I) grant a request for certification under this

subsection with or without conditions;

“(II) deny the request; or

“(III) waive the requirement for certification under this

subsection with respect to the application for the Federal

license or permit.

“(iii) Failure to act.—

“(I) In general.—If a State, an interstate water

pollution control agency, or the Administrator, as

applicable, fails to act on a request for certification in

accordance with clause (ii) within a reasonable period of

time to be determined by the Federal licensing or permitting

agency (which shall not exceed 1 year after receipt of the

request), the requirement for certification under this

subsection shall be deemed to be waived with respect to the

application for the Federal license or permit.

“(II) No judicial review.—Notwithstanding any other

provision of law, a finding of a waiver by the Federal

licensing or permitting agency under subclause (I) shall not

be subject to judicial review.

“(iv) No tolling.—The 1-year period described in clause

(iii) may not be tolled, paused, or extended for any reason,

including through requests for additional information,

solicitation of public comment, or environmental reviews.

“(F) No action.—No license”; and

(B) in paragraph (4), in the first sentence, by striking

“any discharge into the navigable waters” and inserting “a

discharge directly into the navigable waters”;

(2) in subsection (b), by striking “(b) Nothing” and

inserting the following:

“(b) Compliance With Other Provisions of Law Setting

Applicable Water Quality Requirements.—Except as provided in

subsection (e), nothing”;

(3) in subsection (c), by striking “(c) In order” and

inserting the following:

“(c) Authority of Secretary of the Army To Permit Spoil

Disposal Areas by Federal Licensees or Permittees.—In

order”; and

(4) by striking subsection (d) and inserting the following:

“(d) Certification Request Requirements.—

“(1) Written request required.—A request for

certification under subsection (a) shall be made in writing

to the State, interstate water pollution control agency, or

Administrator, as applicable.

“(2) Requirements for complete request.—A completed

request for certification under subsection (a) shall consist

of—

“(A) an identification of each applicant for the Federal

license or permit with respect to which certification is

requested;

“(B) a statement that information included in the request

for certification is truthful, accurate, and complete, to the

best knowledge of each applicant;

“(C) in the case of a request for certification with

respect to an individual permit or license—

“(i) an identification of the Federal license or permit

that is the subject of the application with respect to which

the certification is requested;

“(ii) an identification, based on the reasonable belief of

the applicant at the time the application is submitted, of

any activity the conduct of which is subject to the Federal

license or permit identified under clause (i);

“(iii) an identification of—

“(I) the location, point of origin, and characteristics of

any discharge that may directly enter the navigable waters;

and

“(II) the location of the specific navigable waters that

would receive such a discharge;

“(iv) a description of the means that may be used to

monitor, control, or manage a discharge identified under

clause (iii); and

“(v) a list of all other Federal, interstate, Tribal,

State, or local agency authorizations required for the

conduct of an activity identified under clause (ii),

including a description of any authorizations described in

that list that are already received; and

“(D) in the case of a request for certification with

respect to the issuance of a general license or a general

permit—

“(i) an identification of the proposed categories of

activities to be covered by the general license or general

permit;

“(ii) a description of the proposed general license or

general permit, which may include a draft of the proposed

general license or general permit; and

“(iii) an estimate of the number of discharges expected to

result from the proposed general license or general permit

annually.

“(3) Prohibition.—No State or interstate water pollution

control agency, nor the Administrator, may, for purposes of a

request for certification under subsection (a), require the

inclusion of information beyond the information described in

paragraph (2).

“(e) Certification Conditions.—

“(1) In general.—A certification obtained under

subsection (a) shall set forth any effluent limitations and

other limitations and monitoring requirements necessary to

ensure that any discharge subject to a certification under

that subsection will comply with the applicable provisions of

sections 301, 302, 303, 306, and 307, and any such limitation

or requirement shall be imposed by the Federal licensing or

permitting agency as a condition on the applicable Federal

license or permit subject to the provisions of this section.

“(2) Requirements for conditions.—A certifying State or

interstate water pollution control agency, or the

Administrator, as applicable, may only include a condition on

a certification under subsection (a) that requires the

applicant to modify an activity of the applicant which may

result in a discharge directly into the navigable waters if

the State, interstate water pollution control agency, or

Administrator determines, based on clear and convincing

evidence, that the modification is—

“(A) necessary for the activity to avoid violating an

applicable provision of section 301, 302, 303, 306, or 307;

“(B) least burdensome for the applicant, as compared to

other possible modifications, taking into account—

“(i) technical feasibility;

“(ii) cost;

“(iii) the purpose of the applicant in proposing the

activity;

“(iv) impacts on the schedule for the activity; and

“(v) the commercial viability of the proposed condition;

and

“(C) consistent with the requirements for the Federal

license or permit for which the certification is sought.

“(3) Limitations on conditions for hydroelectric

projects.—A certification obtained under subsection (a) for

a hydroelectric project may not include conditions relating

to the quantity, timing, or rate of water flow over, through,

or around that project.

“(f) Requirements for Denial.—A certifying State or

interstate water pollution control agency, or the

Administrator, as applicable, may only deny a request for

certification under subsection (a) if the State, interstate

water pollution control agency, or Administrator determines,

based on clear and convincing evidence, that there is no

modification to or reasonable condition on the activities of

the applicant that could make it possible for the activity to

avoid violating an applicable provision of section 301, 302,

303, 306, or 307.

“(g) Enforcement.—Notwithstanding section 505, any

condition imposed on a Federal license or permit by a Federal

licensing or permitting agency under this section may only be

enforced by that Federal licensing or permitting agency.

“(h) Judicial Review.—

“(1) Scope.—This subsection applies to any civil action

for the review of a certification under subsection (a).

“(2) Jurisdiction.—

“(A) In general.—Notwithstanding section 19(d)(1) of the

Natural Gas Act (15 U.S.C. 717r(d)(1)) or any other provision

of law, a civil action subject to this subsection shall be

filed in a court of appeals of the United States for—

“(i) the judicial circuit in which the applicant is

located or has its principal place of business;

“(ii) the judicial circuit for the State in which the

project for which the certification under subsection (a)

would be issued is or will be located; or

“(iii) the District of Columbia Circuit.

“(B) Original and exclusive jurisdiction.—A court of

appeals described in subparagraph (A) shall have original and

exclusive jurisdiction over the applicable civil action.

“(C) Standing.—Notwithstanding any other provision of

law, no court shall have jurisdiction to review a civil

action subject to this subsection unless the civil action is

filed—

“(i) not later than 60 days after the date on which final

action on the certification under subsection (a) is taken;

and

“(ii) by—

“(I) the applicant; or

“(II) a person who has suffered, or likely and imminently

will suffer, direct and irreparable economic harm from the

certification, subject to the condition that an organization

or association shall satisfy the requirement of this clause

only if each member of the organization or association

satisfies the requirement.

“(3) Expedited consideration.—

“(A) In general.—In reviewing a civil action subject to

this subsection, a court shall—

“(i) set any petition for review under that civil action

for expedited consideration; and

“(ii) subject to subparagraph (B), issue a final decision

not later than 120 days after the date on which the civil

action is filed.

“(B) Extraordinary circumstances.—If a court finds that

there are extraordinary circumstances that apply to a civil

action subject to this subsection, the court may extend the

120-day period described in subparagraph (A)(ii) by an

additional 60 days.

“(4) Standard of review.—In reviewing the denial of a

certification under subsection (a), a court shall find the

denial unlawful unless the court finds, based on clear and

convincing evidence, that—

“(A) the certifying State or interstate water pollution

control agency or the Administrator, as applicable, has

demonstrated that no condition would achieve compliance with

the applicable provisions of section 301, 302, 303, 306, or

307; and

“(B) the certifying State or interstate water pollution

control agency or the Administrator, as applicable,

considered specific alternative conditions, including

alternatives offered by the applicant, and determined that

those alternative conditions would not achieve compliance

with applicable provisions of section 301, 302, 303, 306, or

“(5) Nonapplicant challenges.—If a party other than the

applicant brings a civil action subject to this subsection

against a certification obtained under subsection (a), the

nonapplicant party shall demonstrate, with clear and

convincing evidence, that the project or activity for which

the certification was granted fails to achieve compliance

with applicable provisions of section 301, 302, 303, 306, or

“(6) Remedy.—

“(A) No vacatur.—Notwithstanding any other provision of

law, no court shall have the authority to set aside, vacate,

nullify, or otherwise render unenforceable any certification

under subsection (a).

“(B) Limited remedies.—In a review of a certification

under subsection (a), a court may only affirm or modify the

certification, and may remand the certification to the State,

interstate water pollution control agency, or the

Administrator, as applicable, for corrective action.

“(i) Description of Applicable Provisions.—For purposes

of this section, the applicable provisions of sections 301,

302, 303, 306, and 307 are any applicable effluent

limitations and other limitations under section 301 or 302,

any water quality standard in effect for a State under

section 303, any standard of performance under section 306,

and any prohibition, effluent standard, or pretreatment

standard under section 307.”.

SEC. _03. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

(a) Improving Water Quality General Permits.—Section

402(a) of the Federal Water Pollution Control Act (33 U.S.C.

1342(a)) is amended by adding at the end the following:

“(6) General permits.—

“(A) Permits authorized.—The Administrator may issue

general permits under this section on a State, regional, or

nationwide basis, or for a delineated area, for discharges

associated with any category of activities the discharges of

which are of similar types and from similar sources.

“(B) Permit expiration notification.—If the Administrator

does not intend to issue a general permit under this

paragraph that covers discharges that are substantially

similar to discharges covered by a previously issued general

permit, not later than the date that is 2 years before the

date on which the previously issued general permit will

expire, the Administrator shall publish in the Federal

permit.

“(C) Application of permit terms of an expired permit.—

“(i) In general.—If a general permit issued under this

paragraph expires and the Administrator has not published a

notice under subparagraph (B), the Administrator shall, until

the date described in clause (ii)—

“(I) continue to apply the terms, conditions, and

requirements of the expired general permit to any discharge

that was covered by the expired general permit; and

“(II) apply those terms, conditions, and requirements to

any discharge that would have been covered by the expired

general permit (in accordance with any relevant requirements

for that coverage) if the discharge had occurred before that

expiration.

“(ii) Date described.—The date referred to in clause (i)

is the date that is the earlier of—

“(I) the date on which the Administrator issues a new

general permit for discharges substantially similar to those

covered by the expired general permit; and

“(II) the date that is 2 years after the date on which the

Administrator publishes in the Federal Register a notice

described in subparagraph (B).”.

(b) NPDES Permit Terms.—Section 402(b)(1)(B) of the

Federal Water Pollution Control Act (33 U.S.C. 1342(b)(1)(B))

is amended by striking “five years” and inserting “10

years”.

SEC. _04. PROVIDING CERTAINTY TO PERMITS FOR DREDGED OR FILL

MATERIAL.

(a) Reducing Permitting Uncertainty.—

(1) In general.—Section 404(c) of the Federal Water

Pollution Control Act (33 U.S.C. 1344(c)) is amended—

(A) in the third sentence—

(i) by striking “his findings and his reasons” and

inserting “the findings and reasons of the Administrator”;

and

(ii) by striking “The Administrator” and inserting the

following:

“(4) Written determination.—The Administrator”;

(B) in the second sentence, by striking “Before making

such determination,” and inserting the following:

“(3) Consultation.—Before making a determination under

paragraph (1),”;

following:

“(c) Specification or Use of Defined Area.—

“(1) In general.—The Administrator”;

(D) in paragraph (1) (as so designated)—

(i) by striking “he is authorized”; and

(ii) by striking “he determines, after notice and

opportunity for public hearings,” and inserting “the

Administrator determines, during the period described in

paragraph (2) and after notice and opportunity for public

hearings,”; and

(E) by inserting after paragraph (1) (as so designated) the

following:

“(2) Period of prohibition.—The period during which the

Administrator may prohibit the specification (including the

withdrawal of specification) of a defined area as a disposal

site, or deny or restrict the use of a defined area for

specification (including the withdrawal of specification) as

a disposal site, under paragraph (1) is the period that—

“(A) begins on the date on which an applicant submits all

the information required to complete an application for a

permit under this section; and

“(B) ends on the date on which the Secretary issues the

permit.”.

(2) Applicability.—The amendments made by paragraph (1)

shall apply to a permit application submitted under section

404 of the Federal Water Pollution Control Act (33 U.S.C.

1344) after the date of enactment of this Act.

(b) Nationwide Permitting Improvement.—

(1) In general.—Section 404(e) of the Federal Water

Pollution Control Act (33 U.S.C. 1344(e)) is amended—

(A) by striking “(e)(1) In carrying out his functions”

and inserting the following:

“(e) General Permits.—

“(1) Permits authorized.—In carrying out the functions of

the Secretary”;

(B) in paragraph (2)—

(i) by striking “(2) No general” and inserting the

following:

“(2) Term.—No general”; and

(ii) by striking “five years” and inserting “10 years”;

and

“(3) Considerations.—In determining the environmental

effects of an activity under paragraph (1) or (2), the

Secretary—

“(A) shall consider only the effects of any discharge of

dredged or fill material resulting from the activity;

“(B) shall consider any effects of a discharge of dredged

or fill material into less than 3 acres of navigable waters

to be a minimal adverse environmental effect; and

“(C) may consider any effects of a discharge of dredged or

fill material into 3 acres or more of navigable waters to be

a minimal adverse environmental effect.

“(4) Nationwide permits for linear projects.—

“(A) Definitions.—In this paragraph:

“(i) Linear infrastructure project.—The term `linear

infrastructure project' means a project to carry out any

activity required for—

“(I) the construction, expansion, maintenance,

modification, or removal of infrastructure and associated

facilities for the transmission from a point of origin to a

terminal point of communications or electricity; or

“(II) the transportation from a point of origin to a

terminal point of people, water, or wastewater.

“(ii) Linear pipeline project.—The term `linear pipeline

project' means a project to carry out any activity required

for the construction, expansion, maintenance, modification,

or removal of infrastructure and associated facilities for

the transportation from a point of origin to a terminal point

of carbon dioxide, fuel, or hydrocarbons, in the form of a

liquid, liquescent, gaseous, or slurry substance or

supercritical fluid, including oil and gas pipeline

facilities.

“(iii) Single and complete project.—The term `single and

complete project' has the meaning given the term in section

330.2 of title 33, Code of Federal Regulations (as in effect

on the date of enactment of this paragraph).

“(B) Rule.—Notwithstanding any other provision of this

section, the Secretary shall issue and maintain general

permits on a nationwide basis under this subsection for—

“(i) linear infrastructure projects that result in a

discharge of dredged or fill material into less than 3 acres

of navigable waters for each single and complete project; and

“(ii) linear pipeline projects that do not result in the

loss of navigable waters in an area that is greater than 0.5

acres for each single and complete project.

“(C) Pipeline threshold floor.—Nothing in subparagraph

(B)(ii) limits the authority of the Secretary to authorize

pipeline-related discharges of dredged or fill material into

areas of navigable waters that are greater than 0.5 acres but

below the 3-acre threshold described in subparagraph (B)(i).

“(5) Reissuance of nationwide permits.—In determining

whether to reissue a general permit issued under this

subsection on a nationwide basis—

“(A) no consultation with an applicable State pursuant to

section 6(a) of the Endangered Species Act of 1973 (16 U.S.C.

1535(a)) is required;

“(B) no consultation with a Federal agency pursuant to

section 7(a)(2) of that Act (16 U.S.C. 1536(a)(2)) is

required; and

“(C) the requirements of section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall

be satisfied by preparing an environmental assessment (as

defined in section 111 of that Act (42 U.S.C. 4336e)) with

respect to the general permit.”.

(2) Regulatory revisions required.—The Secretary of the

Army, acting through the Chief of Engineers, shall

expeditiously revise the regulations applicable to carrying

out section 404(e) of the Federal Water Pollution Control Act

(33 U.S.C. 1344(e)) in order to streamline the processes for

issuing general permits under that section to promote

efficient and consistent implementation of that section.

(3) Administration of nationwide permit program.—In

carrying out section 404(e) of the Federal Water Pollution

Control Act (33 U.S.C. 1344(e)), including in revising

regulations pursuant to paragraph (2), the Secretary of the

Army, acting through the Chief of Engineers, may not finalize

or implement any modification to—

(A) general condition 15 (relating to single and complete

projects), as included in the final rule of the Corps of

Engineers entitled “Reissuance and Modification of

Nationwide Permits” (86 Fed. Reg. 2744 (January 13, 2021));

(B) the definition of the term “single and complete linear

project”, as included in the final rule described in

subparagraph (A); or

project” under section 330.2 of title 33, Code of Federal

Regulations (as in effect on the date of enactment of this

Act).

Pollution Control Act (33 U.S.C. 1344) is amended—

(1) in subsection (t), by striking “(t) Nothing in the

section” and inserting the following:

“(u) Savings Provision.—Nothing in this section”; and

(2) by inserting after subsection (s) the following:

“(t) Judicial Review.—

“(1) Statute of limitations.—Notwithstanding any

applicable provision of law—

“(A) an action seeking judicial review of the approval by

the Administrator of a State permit program pursuant to this

section shall be filed not later than 60 days after the date

on which the approval was issued;

“(B) an action seeking judicial review of an individual

permit or general permit issued under this section shall be

filed not later than 60 days after the date on which the

permit was issued; and

“(C) an action seeking judicial review of a verification

that an activity involving the discharge of dredged or fill

material is authorized by a general permit issued under this

section shall be filed not later than 60 days after the date

on which the verification was issued.

“(2) Limitation on commencement of certain actions.—

Notwithstanding any other provision of law, no action

described in subparagraph (A) or (B) of paragraph (1) may be

commenced unless the action—

“(A) is filed by a party that submitted a comment—

“(i) during the public comment period for the

administrative proceedings related to the action; and

“(ii) which was sufficiently detailed to put the

Administrator, the Secretary, or the State, as applicable, on

notice of the issue on which the party seeks judicial review;

and

“(B) is related to that comment.

“(3) Jurisdiction.—

“(A) In general.—Unless otherwise provided by law, a

civil action subject to this subsection shall be filed in a

court of appeals of the United States for—

“(i) the judicial circuit in which, as applicable—

“(I) the applicant for the applicable permit is located or

has its principal place of business; or

“(II) the person seeking the applicable verification is

located or has its principal place of business;

“(ii) the judicial circuit for the State, as applicable—

“(I) for which the approval for a State permit program

pursuant to this section was sought; or

“(II) in which—

“(aa) the activity for which the permit was sought would

be carried out; or

“(bb) the activity for which the verification was sought

would be carried out; or

“(iii) the District of Columbia Circuit.

“(B) Original and exclusive jurisdiction.—A court of

appeals described in subparagraph (A) shall have original and

exclusive jurisdiction over the applicable civil action.

“(C) Standing.—Notwithstanding any other provision of

law, no court shall have jurisdiction to review a civil

action subject to this subsection unless the civil action is

filed—

“(i) not later than 60 days after the date on which the

challenged action was finalized; and

“(ii) by—

“(I) the applicant; or

“(II) a person who has suffered, or likely and imminently

will suffer, direct and irreparable economic harm from the

approval, permit, or verification, subject to the condition

that an organization or association shall satisfy the

requirement of this clause only if each member of the

organization or association satisfies the requirement.

“(4) Standard of review.—In reviewing the denial of a

permit under this section, a court shall find the denial

unlawful unless the court finds, based on clear and

convincing evidence, that—

“(A) the Secretary has demonstrated that no condition on

the permit would achieve compliance with the applicable

provisions of section 301, 302, 303, 306, or 307; and

“(B) the Secretary considered specific alternative

conditions, including alternatives offered by the applicant,

and determined that those alternative conditions would not

achieve compliance with this section.

“(5) Nonapplicant challenges.—If a party other than the

applicant brings a civil action subject to this subsection

seeking review of a permit under this section, the

nonapplicant party shall demonstrate, with clear and

convincing evidence, that, as applicable, the approval of the

State permit program, the project for which the permit was

granted, or the project for which verification was provided

fails to achieve compliance with this section.

“(6) Remedies.—

“(A) Actions relating to permit programs.—If a court

determines that the Administrator, in issuing the approval of

a State permit program under this section, did not comply

with this section—

“(i) the court shall remand the matter to the

Administrator for further proceedings consistent with the

determination of the court; and

“(ii) the court may not vacate, revoke, enjoin, or

otherwise limit the authority of the State to issue permits

under that State permit program.

“(B) Actions relating to permits.—If a court determines

that the Secretary or a State, as applicable, did not comply

with the requirements of this section in issuing an

individual or general permit under this section, or in

verifying that an activity involving a discharge of dredged

or fill material is authorized by a general permit issued

under this section, as applicable—

“(i) the court shall remand the matter to the Secretary or

the State, as applicable, for further proceedings consistent

with the determination of the court;

“(ii) with respect to a determination regarding the

issuance of an individual or general permit under this

section—

“(I) the court may not vacate, revoke, enjoin, or

otherwise limit the permit unless the court finds that

activities authorized under the permit would present an

imminent and substantial danger to human health or the

environment for which there is no other equitable remedy

available under the law; and

“(II) any injunction or other limitation ordered pursuant

to subclause (I)—

“(aa) shall be narrowly tailored to the specific crossing,

discharge, segment, or activity found to present an imminent

and substantial danger; and

“(bb) may not extend to unrelated crossings, spreads, or

project segments that are independently authorized and not

the source of the alleged harm; and

“(iii) with respect to a determination regarding a

verification that an activity involving a discharge of

dredged or fill material is authorized by a general permit

issued under this section, the court may not enjoin or

otherwise limit the discharge unless the court finds that

activities authorized under the permit would present an

imminent and substantial danger to human health or the

environment for which there is no other equitable remedy

available under the law.

“(7) Timeline to act on court order.—If a court remands a

matter under paragraph (6), the court shall set and enforce a

reasonable schedule and deadline, which may not exceed 180

days from the date on which the court remands the matter

except as otherwise required by law, for the Administrator,

the Secretary, or a State, as applicable, to take such

actions as the court may order.”.

SEC. _05. HARDROCK MINING MILL SITES.

(a) Multiple Mill Sites.—Section 2337 of the Revised

Statutes (30 U.S.C. 42) is amended by adding at the end the

following:

“(c) Additional Mill Sites.—

“(1) Definitions.—In this subsection:

“(A) Mill site.—The term `mill site' means a location of

public land that is reasonably necessary for waste rock or

tailings disposal or other operations reasonably incident to

mineral development on, or production from land included in a

plan of operations.

“(B) Operations; operator.—The terms `operations' and

`operator' have the meanings given those terms in section

3809.5 of title 43, Code of Federal Regulations (as in effect

on the date of enactment of this subsection).

“(C) Plan of operations.—The term `plan of operations'

means a plan of operations that an operator must submit and

the Secretary of the Interior or the Secretary of

Agriculture, as applicable, must approve before an operator

may begin operations, in accordance with, as applicable—

“(i) subpart 3809 of title 43, Code of Federal Regulations

(or successor regulations establishing application and

approval requirements); and

“(ii) part 228 of title 36, Code of Federal Regulations

(or successor regulations establishing application and

approval requirements).

“(D) Public land.—The term `public land' means land owned

by the United States that is open to location under sections

2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et

seq.), including—

“(i) land that is mineral-in-character (as defined in

section 3830.5 of title 43, Code of Federal Regulations (as

in effect on the date of enactment of this subsection));

“(ii) nonmineral land (as defined in section 3830.5 of

title 43, Code of Federal Regulations (as in effect on the

date of enactment of this subsection)); and

“(iii) land where the mineral character has not been

determined.

“(2) In general.—Notwithstanding subsections (a) and (b),

where public land is needed by the proprietor of a lode or

placer claim for operations in connection with any lode or

placer claim within the proposed plan of operations, the

proprietor may—

“(A) locate and include within the plan of operations as

many mill site claims under this subsection as are reasonably

necessary for its operations; and

“(B) use or occupy public land in accordance with an

approved plan of operations.

“(3) Mill sites convey no mineral rights.—A mill site

under this subsection does not convey mineral rights to the

locator.

“(4) Size of mill sites.—A location of a single mill site

under this subsection shall not exceed 5 acres.

“(5) Mill site and lode or placer claims on same tracts of

public land.—A mill site may be located under this

subsection on a tract of public land on which the claimant or

operator maintains a previously located lode or placer claim.

“(6) Effect on mining claims.—The location of a mill site

under this subsection shall not affect the validity of any

lode or placer claim, or any rights associated with such a

claim.

“(7) Patenting.—A mill site under this section shall not

be eligible for patenting.

“(8) Savings provisions.—Nothing in this subsection—

“(A) diminishes any right (including a right of entry,

use, or occupancy) of a claimant;

“(B) creates or increases any right (including a right of

exploration, entry, use, or occupancy) of a claimant on land

that is not open to location under the general mining laws;

“(C) modifies any provision of law or any prior

administrative action withdrawing land from location or

entry;

“(D) limits the right of the Federal Government to

regulate mining and mining-related activities (including

requiring claim validity examinations to establish the

discovery of a valuable mineral deposit) in areas withdrawn

from mining, including under—

“(i) the general mining laws;

“(ii) the Federal Land Policy and Management Act of 1976

(43 U.S.C. 1701 et seq.);

“(iii) the Wilderness Act (16 U.S.C. 1131 et seq.);

“(iv) sections 100731 through 100737 of title 54, United

States Code;

“(v) the Endangered Species Act of 1973 (16 U.S.C. 1531 et

seq.);

“(vi) division A of subtitle III of title 54, United

States Code (commonly referred to as the `National Historic

Preservation Act'); or

“(vii) section 4 of the Act of July 23, 1955 (commonly

known as the `Surface Resources Act of 1955') (69 Stat. 368,

chapter 375; 30 U.S.C. 612);

“(E) restores any right (including a right of entry, use,

or occupancy, or right to conduct operations) of a claimant

that—

“(i) existed prior to the date on which the land was

closed to, or withdrawn from, location under the general

mining laws; and

“(ii) that has been extinguished by such closure or

withdrawal; or

“(F) modifies section 404 of division E of the

Consolidated Appropriations Act, 2024 (Public Law 118-42).”.

(b) Abandoned Hardrock Mine Fund.—

(1) Establishment.—There is established in the Treasury of

the United States a separate account, to be known as the

“Abandoned Hardrock Mine Fund” (referred to in this

subsection as the “Fund”).

(2) Source of deposits.—Any amounts collected by the

Secretary of the Interior pursuant to the claim maintenance

fee under section 10101(a)(1) of the Omnibus Budget

Reconciliation Act of 1993 (30 U.S.C. 28f(a)(1)) on mill

sites located under subsection (c) of section 2337 of the

Revised Statutes (30 U.S.C. 42) shall be deposited into the

Fund.

(3) Use.—The Secretary of the Interior may make

expenditures from amounts available in the Fund, without

further appropriations, only to carry out section 40704 of

the Infrastructure Investment and Jobs Act (30 U.S.C. 1245).

(4) Allocation of funds.—Amounts made available under

paragraph (3)—

(A) shall be allocated in accordance with section

40704(e)(1) of the Infrastructure Investment and Jobs Act (30

U.S.C. 1245(e)(1)); and

(B) may be transferred in accordance with section

40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).

Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is

amended—

(1) by striking “the Mining Law of 1872 (30 U.S.C. 28-

28e)” each place it appears and inserting “sections 2319

through 2344 of the Revised Statutes (30 U.S.C. 22 et

seq.)”;

(2) in subsection (a)—

(A) in paragraph (1)—

(i) in the second sentence, by striking “Such claim

maintenance fee” and inserting the following:

“(B) Fee.—The claim maintenance fee under subparagraph

(A)”; and

(ii) in the first sentence, by striking “The holder of”

and inserting the following:

“(A) In general.—The holder of”; and

(B) in paragraph (2)—

(i) in the second sentence—

(I) by striking “the Mining Law of 1872 (30 U.S.C. 28 to

28e)” and inserting “sections 2319 through 2344 of the

Revised Statutes (30 U.S.C. 22 et seq.)”; and

(II) by striking “Such claim maintenance fee” and

inserting the following:

“(B) Fee.—The claim maintenance fee under subparagraph

(A)”; and

(ii) in the first sentence, by striking “The holder of”

and inserting the following:

“(A) In general.—The holder of”; and

(3) in subsection (b)—

(A) in the second sentence, by striking “The location

fee” and inserting the following:

“(2) Fee.—The location fee”; and

(B) in the first sentence, by striking “The claim main

tenance fee” and inserting the following:

“(1) In general.—The claim maintenance fee”.

SEC. _06. AMENDMENTS TO NEPA.

(a) Purposes.—Section 2 of the National Environmental

Policy Act of 1969 (42 U.S.C. 4321) is amended—

(1) by striking the section designation and heading and all

that follows through “are: To” and inserting the following:

“SEC. 2. PURPOSES.

“(a) Purposes.—The purposes of this Act are to”; and

(2) by adding at the end the following:

“(b) Intent.—This Act—

“(1) is a procedural statute intended to ensure Federal

agencies consider the environmental impacts of their actions

during the decisionmaking process;

“(2) does not mandate particular results; and

“(3) only prescribes a purely procedural process.

“(c) Effect.—Nothing in this Act—

“(1) mandates any specific environmental outcome or

result; or

“(2) confers substantive rights or imposes substantive

duties beyond procedural requirements.”.

(b) Procedure for Determination of Level of Review.—

Section 106 of the National Environmental Policy Act of 1969

(42 U.S.C. 4336) is amended—

(1) in the section heading, by inserting “; scope of

review” after “level of review”;

(2) in subsection (a)—

(A) in paragraph (2), by striking “109 of this Act,” and

inserting “109, a categorical exclusion established by

Congress,”;

(B) in paragraph (3), by striking “or”;

inserting a semicolon; and

(D) by adding at the end the following:

“(5) the proposed agency action is an action for which

such agency's compliance with another statute's requirements

serve a similar function as the requirements of this Act with

respect to such action; or

“(6) the proposed agency action—

“(A) relates to a project or action that has already been

reviewed pursuant to a State or Tribal environmental review

statute, ordinance, resolution, regulation, or formally

adopted policy; and

“(B) the lead agency determines such review meets the

requirements of this Act.”;

(3) in subsection (b)—

(A) in paragraph (2), in the first sentence—

(i) by striking “does not” and inserting “is not likely

to”; and

(ii) by striking “109 of this Act,” and inserting “109,

a categorical exclusion established by Congress,”; and

(B) in paragraph (3), by striking subparagraph (B) and

inserting the following:

“(B) is not required to undertake new scientific or

technical research—

“(i) unless the new scientific or technical research is

essential to a reasoned choice among alternatives, and the

overall costs and time frame of obtaining it are not

unreasonable; or

“(ii) after the receipt of an application, as applicable,

with respect to such proposed agency action.”; and

(4) by adding at the end the following:

“(c) Scope of Review.—In preparing an environmental

document for a proposed agency action, a Federal agency—

“(1) may only consider effects that share a reasonably

close causal relationship to, and are proximately caused by,

the immediate project or action under consideration; and

“(2) may not consider effects that are speculative,

attenuated from the project or action, separate in time or

place from the project or action, or in relation to separate

existing or potential future projects or actions.

“(d) Presumption of Negative Impacts of Taking No Action

Relating to Tribal Trust Resources.—For any proposed agency

action carried out on, or directly affecting, Tribal trust

resources (including land and minerals) that is initiated by

the federally recognized Indian Tribe for which the United

States holds the affected resources in trust, and for which

an environmental document was prepared that included

consideration of a no action alternative, there shall be a

presumption that the effects of taking no action will be

negative for the federally recognized Indian Tribe.

“(e) Effect of Threshold Determinations on Other

Agencies.—If a lead agency determines that an environmental

document is not required to be prepared with respect to a

proposed agency action under subsection (a), no other Federal

agency may prepare an environmental document with respect to

the proposed agency action.”.

(1) Lead agency.—Section 107(a) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4336a(a)) is

amended—

(A) in paragraph (2)—

(i) in subparagraph (B), by striking “at the earliest

practicable time” and inserting “in accordance with

subsection (g)(2)”;

(ii) in subparagraph (D), by striking “carry out the

proposed agency action” and inserting “carry out the

proposed agency action in accordance with the deadlines

described in subsection (g)”; and

(iii) in subparagraph (E)—

(I) by striking “a review” and inserting “an

environmental review”; and

(II) by striking “such review” and inserting “such

environmental review”; and

(B) in paragraph (3)—

(i) in the first sentence, by inserting “(including

counties, boroughs, parishes, and other political

subdivisions of a State)” after “local agency”; and

(ii) by adding at the end the following: “Such comments

from Federal cooperating agencies shall be limited to matters

relating to the proposed agency action with respect to which

the Federal cooperating agency has jurisdiction by law.”.

(2) One document.—Section 107(b) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4336a(b)) is

amended—

(A) by striking “To the extent practicable,” and

inserting the following:

“(1) Document.—To the extent practicable,”; and

(B) by adding at the end the following:

“(2) Consideration timing.—

“(A) In general.—In preparing an environmental document

for a proposed agency action, no Federal agency shall be

required to consider any scientific or technical research

that becomes publicly available after the earlier of, as

applicable—

“(i) the date of receipt of an application with respect to

such proposed agency action; and

“(ii) the date of publication of a notice of intent or

decision to prepare such environmental document for such

proposed agency action.

“(B) Applicability to other law.—Nothing in this

paragraph affects any review of information required under

subchapter II of chapter 5 of title 5, United States Code,

with respect to comments received during the public comment

period as applicable.

“(C) Delay.—A Federal agency may not delay the issuance

of an environmental document or a final agency action,

including any decision or determination, on the basis of

awaiting new scientific or technical research or information

that was not available as of the earlier of the dates

described in subparagraph (A).”.

(3) Statement of purpose and need.—Section 107(d) of the

National Environmental

Policy Act of 1969 (42 U.S.C. 4336a(d)) is amended by

striking the period at the end and inserting “, which shall,

where applicable, meet the goals of the applicant.”.

(4) Deadlines.—Section 107(g) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4336a(g)) is

amended—

(A) by redesignating paragraphs (1), (2), and (3) as

paragraphs (3), (5), and (6), respectively;

(B) by inserting before paragraph (3) (as so redesignated)

the following:

“(1) Applications for authorizations.—

“(A) Notification of complete or incomplete application.—

Unless a shorter deadline is specified by law, in connection

with a proposed agency action for which an applicant

submitted an application for an authorization to an agency,

not later than 60 days after the date on which the applicant

submits the application to the agency, the agency shall

document receipt of the application and—

“(i) notify the applicant that the application is

complete; or

“(ii) notify the applicant that the application is

incomplete and request, in writing, any additional

information that the agency needs—

“(I) to determine that the application is complete; and

“(II) to begin preparation of an environmental document.

“(B) Agency determination.—

“(i) Complete determination.—If an agency determines that

an application is complete under subparagraph (A)(i), the

agency shall, not later than 60 days after the date on which

the agency makes such determination—

“(I) notify the applicant that the agency has determined

that—

“(aa) the proposed agency action is excluded pursuant to 1

of the agency's categorical exclusions;

“(bb) the proposed agency action is not a major Federal

action; or

“(cc) no further agency action is required;

“(II) issue a notice of intent to prepare an environmental

impact statement for the proposed agency action; or

“(III) notify the applicant that the agency has determined

that preparation of an environmental assessment is necessary.

“(ii) Incomplete determination.—If an agency requests

additional information under subparagraph (A)(ii), the

deadline described in clause (i) shall be based on the date

on which the agency receives the additional information

instead of the date on which the determination is made.

“(2) Cooperating agencies.—

“(A) In general.—Not later than 21 days after the date on

which a lead agency issues a notice of intent under paragraph

(1)(B)(i)(II) or notifies an applicant under paragraph

(1)(B)(i)(III) with respect to a proposed agency action, the

lead agency shall—

“(i) identify all agencies that are likely to have

environmental review, authorization, or other

responsibilities with respect to the proposed agency action;

and

“(ii) invite each agency to become a cooperating agency.

“(B) Deadline to accept invitation.—Not later than 21

days after the date on which an agency receives an invitation

to become a cooperating agency under subparagraph (A)(ii),

the agency shall accept or deny the invitation.

“(C) Convening of cooperating agencies.—Not later than 7

days after the deadline described in subparagraph (B) has

passed for each agency that received an invitation to become

a cooperating agency under subparagraph (A)(ii), the lead

agency that sent each invitation shall convene each agency

that accepts such an invitation to coordinate on developing

the schedule under subsection (a)(2)(D) for the applicable

proposed agency action.

“(D) Unidentified agencies.—If an agency that has

jurisdiction by law or special expertise with respect to any

environmental impact involved in a proposed agency action is

not identified under subparagraph (A)(i), the lead agency

with respect to the proposed agency action shall—

“(i) invite such unidentified agency to become a

cooperating agency by not later than 7 days after the date on

which the lead agency becomes aware that the agency has

jurisdiction by law or special expertise; and

“(ii) if such agency accepts the invitation, incorporate

such agency into the schedule developed under subsection

(a)(2)(D) and update such schedule accordingly by not later

than 14 days after the date on which the agency accepts the

invitation.”;

(i) in the paragraph heading, by striking “In general”

and inserting “Review timeline”; and

(ii) in the matter preceding subparagraph (A), by striking

“paragraph (2)” and inserting “paragraph (5)”;

(D) by inserting after paragraph (3) (as so redesignated)

the following:

“(4) Deadline for final agency action.—

“(A) In general.—For any proposed agency action for which

an applicant submitted an application for an authorization to

an agency, not later than 30 days after completing an

environmental impact statement or an environmental assessment

for the proposed agency action, the lead agency, and any

cooperating agency, shall issue a final agency action.

“(B) Performance schedule.—The agency issuing the final

agency action under subparagraph (A) shall include, in the

final agency action, a performance schedule for the

completion of any other outstanding authorizations.”;

(E) in paragraph (5) (as so redesignated)—

(i) by striking “the deadline described in paragraph (1)”

and inserting “a deadline described in this subsection”;

and

(ii) by striking “, in consultation with the applicant,

to” and inserting “if the applicant approves such

extension. If the applicant approves such extension, the lead

agency shall”;

(F) in paragraph (6) (as so redesignated)—

(i) in subparagraph (A), by striking “A project sponsor

may” and inserting “Except as provided in subparagraph (C),

a project sponsor may”; and

(ii) by adding at the end the following:

“(C) Exception.—A project sponsor that approved an

extension of a deadline under paragraph (5) may not obtain

judicial review of a failure to act in accordance with such

deadline under subparagraph (A) unless the lead agency fails

to meet the new deadline or is delaying for reasons other

than those necessary to complete its review.”; and

(G) by adding at the end the following:

“(7) Concurrent review.—In carrying out an environmental

review, the lead agency and each cooperating agency shall

carry out the obligations of that agency under other

applicable laws concurrently, and in conjunction, with other

required reviews for the proposed agency action, pursuant to

the requirements of applicable law, including, if applicable,

this Act.”.

(d) Programmatic Environmental Documents.—Section 108 of

the National Environmental Policy Act of 1969 (42 U.S.C.

4336b) is amended—

(1) in the matter preceding paragraph (1), by striking

“When an agency prepares” and inserting the following:

“(a) Programmatic Environmental Documents.—When an agency

prepares”;'

(2) in subsection (a) (as so designated)—

(A) in paragraph (1), by striking “5” and inserting

“10”; and

(B) in paragraph (2), by striking “5” and inserting

“10”; and

(3) by adding at the end the following:

“(b) Reliance on Previously Completed Environmental

Reviews.—

“(1) Actions that are substantially the same.—A lead

agency may satisfy the requirements of this Act with respect

to a major Federal action by relying on an environmental

assessment, environmental impact statement, or a categorical

exclusion determination that the lead agency, another Federal

agency, or a project sponsor under the supervision of a

Federal agency completed for another major Federal action if

the lead agency determines that—

“(A) the new major Federal action is substantially the

same as the other major Federal action or, if applicable, an

alternative analyzed in such environmental assessment or

environmental impact statement; and

“(B) if applicable, the effects of the new major Federal

action are substantially the same as the effects analyzed in

such environmental assessment or environmental impact

statement.

“(2) Actions that are not substantially the same.—

“(A) In general.—If a new major Federal action is not

substantially the same as another major Federal action or an

alternative analyzed in an environmental assessment or

environmental impact statement completed by the lead agency,

another Federal agency, or a project sponsor under the

supervision of a Federal agency, the lead agency may modify

or augment any such previously completed environmental

assessment or environmental impact statement as necessary to

satisfy the requirements of this Act with respect to the new

major Federal action.

“(B) Public availability.—The lead agency shall make any

environmental assessment or environmental impact statement

modified under subparagraph (A) publicly available as a new

environmental assessment or environmental impact

statement.”.

(e) Adoption of Categorical Exclusions.—Section 109 of the

National Environmental Policy Act of 1969 (42 U.S.C. 4336c)

is amended—

(1) in the matter preceding paragraph (1), in the first

sentence, by inserting “, or that was legislatively enacted

by Congress,” after “procedures”;

(2) in paragraph (1), by inserting “, or that was

established by Congress,” after “procedures”; and

(3) in paragraph (2), by inserting “if applicable,”

before “consult”.

(f) Definitions.—Section 111 of the National Environmental

Policy Act of 1969 (42 U.S.C. 4336e) is amended—

(1) in paragraph (1), by inserting “, or Congress deems by

statute,” after “Federal agency has determined”;

(2) by redesignating paragraphs (1), (2), (3), (4), (5),

(6), (7), (8), (11), (12), and (13) as paragraphs (2), (3),

(4), (5), (6), (7), (8), (11), (12), (13), and (15),

respectively, and moving all paragraphs of the section so as

to appear in numerical order;

(3) by inserting before paragraph (2) (as so redesignated)

the following:

“(1) Authorization.—The term `authorization' means any

lease, right-of-way, easement, license, permit, approval,

finding, determination, or other administrative decision

issued by an agency, or any interagency consultation, that is

required or authorized under Federal law in order to

construct, modify, or operate a project.”;

(4) in paragraph (10)—

(A) in subparagraph (B)—

(i) in clause (iii)—

(I) by inserting “grants (including capitalization

grants), cost share awards,” after “loan guarantees,”;

(II) by striking “sufficient” and inserting “complete”;

and

(III) by striking “subsequent use of such financial

assistance or the”;

(ii) in clause (iv), by striking “section 7(a) or (b) and

of the Small Business Act ( U.S.C. 636(a)), or” and

inserting “subsection (a) or (b) of section 7 of the Small

Business Act (15 U.S.C. 636) or”;

(iii) by redesignating clauses (iv) through (vii) as

clauses (vi) through (ix), respectively;

(iv) by inserting after clause (iii) the following:

“(iv) farm ownership and operating loan guarantees by the

Farm Service Agency pursuant to section 305 and subtitle B of

the Consolidated Farm and Rural Development Act (7 U.S.C.

1925, 1941 et seq.);

“(v) the issuance of a permit or other authorization by a

Federal agency where the proposal under consideration is

otherwise being evaluated or was previously evaluated by the

lead agency in compliance with this Act;”; and

(v) in clause (viii) (as so redesignated), by striking

“entirely”; and

(B) by adding at the end the following:

“(C) Additional exclusions.—An agency action may not be

determined to be a major Federal action solely on the basis

of the provision of Federal funds, including a grant, loan,

loan guarantee, and funding assistance.”; and

(5) by inserting after paragraph (13) (as so redesignated)

the following:

“(14) Reasonably foreseeable.—

“(A) In general.—The term `reasonably foreseeable', with

respect to environmental effects of a proposed agency action,

means effects that share a reasonably close causal

relationship to, and are proximately caused by, the immediate

project or action under consideration.

“(B) Exclusions.—The term `reasonably foreseeable', with

respect to environmental effects of a proposed agency action,

does not include effects that are—

“(i) speculative;

“(ii) attenuated from the proposed agency action;

“(iii) separate in time or place from the proposed agency

action; or

“(iv) in relation to separate existing or potential future

projects.”.

(g) Duties of the Council.—Section 204(4) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4344(4)) is

amended by inserting “energy,” after “health,”.

(h) Judicial Review.—Title I of the National Environmental

Policy Act of 1969 is amended—

(1) by redesignating section 112 (42 U.S.C. 4336f) as

section 110A, and moving the section so as to appear after

section 110; and

(2) by inserting before section 111 the following:

“SEC. 110B. JUDICIAL REVIEW.

“(a) Role of the Court.—In reviewing a claim or petition

for review of whether a final agency action complies with the

requirements of this Act, a court—

“(1) shall afford substantial deference to the agency; and

“(2) may not substitute its judgment for that of the

agency with respect to the environmental effects included in

the final agency action or the environmental document.

“(b) Remand.—

“(1) In general.—If a court holds, under section

706(2)(A) of title 5, United States Code, that a final agency

action does not comply with the requirements of this Act, the

only remedy the court may order, notwithstanding chapter 7 of

that title, is to remand, without vacatur or injunction, the

final agency action to the agency with—

“(A) specific instruction to correct the errors or

deficiencies found by the court; and

“(B) a reasonable schedule and deadline to correct such

errors or deficiencies, which such deadline may not exceed—

“(i) with respect to an order entered on or after the date

of enactment of this section, the date that is 180 days after

the date on which the order was entered; and

“(ii) with respect to an order entered before the date of

enactment of this section, the date that is 180 days after

that date of enactment.

“(2) Continued effect of final agency action.—A final

agency action remanded under paragraph (1) shall remain in

effect while the Federal agency corrects any errors or

deficiencies found by the court.

“(3) Prohibition.—No court may issue a temporary

restraining order or preliminary injunction during

consideration of a claim or petition for review described in

subsection (a).

“(c) Limitations on Claims and Petitions for Review.—

“(1) In general.—Notwithstanding any other provision of

law (except as provided in subparagraph (A) with respect to a

shorter deadline), a claim or petition for review described

in subsection (a) shall be barred unless—

“(A) the claim or petition for review is filed not later

than 150 days after the date on which the final agency action

is made public, unless a shorter deadline is specified under

Federal law;

“(B) in the case of a final agency action or petition for

review for which there was a public comment period on an

environmental document, the claim or petition for review—

“(i) is filed by a party that submitted a substantive and

unique comment during the public comment period by the

noticed comment deadline for the environmental document and

the comment was sufficiently detailed to put the applicable

Federal agency on notice of the issue on which the party

seeks review; and

“(ii) concerns the same subject matter raised in the

comment submitted during the public comment period;

“(C) the claim or petition for review is filed by a party

that has suffered or imminently will suffer direct harm from

the final agency action; and

“(D) the claim or petition for review does not challenge

the establishment of a categorical exclusion.

“(2) Supplemental environmental documents.—

“(A) In general.—If an agency issues a supplemental

environmental document in response to a court order remanding

a final agency action, the deadline described in paragraph

(1)(A) shall be the date on which the agency makes public the

agency action for which the supplemental environmental

document is prepared.

“(B) Limitation.—A claim for review of a final agency

action described in subparagraph (A) shall be limited to

information contained in the final supplemental environmental

document that was not contained in a previous environmental

document for the final agency action.

“(3) Actions for use of tribal trust resources.—

“(A) In general.—For any final agency action that

authorizes or affects the use of land, minerals, or other

resources already held in trust at the time of the final

agency action by the United States for the benefit of a

federally recognized Indian Tribe, except as provided in

subparagraph (B), there shall be no administrative or

judicial review of the final agency action or petition for

review based on a claim of failure to comply with the

requirements of this Act.

“(B) Limitation.—Subparagraph (A) shall not apply to

actions for administrative or judicial review—

“(i) brought by a federally recognized Indian Tribe for

which the United States holds the land, minerals, or other

resources in trust; or

“(ii) that involve reasonably foreseeable effects of the

final agency action that occur outside the land, minerals, or

other resources held in trust by the United States for the

benefit of a federally recognized Indian Tribe.

“(d) Deadline for Resolution.—

“(1) In general.—A court shall issue a final judgment on

a claim or petition for review described in subsection (a)—

“(A) as expeditiously as practicable; and

“(B) unless a shorter deadline is specified under Federal

law, not later than the date that is 180 days after the date

on which the agency record for the review is filed with the

reviewing court, which shall not be more than 60 days after

the filing of the claim or petition for review.

“(2) Accelerated deadlines.—Nothing in this subsection

prevents a court from further expediting review of a claim or

petition for review described in subsection (a).

“(3) Appeals.—

“(A) Filing.—

“(i) In general.—A notice of appeal of a final judgment

described in this subsection shall be filed not later than 60

days after the final judgment is issued.

“(ii) Remanded actions.—In the case of a final agency

action remanded under subsection (b), the agency and, if

applicable, the applicant, shall have the right to appeal

during the pendency of the remand.

“(B) Deadline for review.—A court shall issue a final

decision on an appeal filed under subparagraph (A)—

“(i) as expeditiously as practicable; and

“(ii) not later than the date that is 180 days after the

date on which the appeal is filed.

“(e) No Effect on Review of Compliance With Other

Deadlines.—Nothing in this section affects the right to

obtain review under section 107(g)(6).”.

SA 6813. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title I, add the following:

SEC. 129. DISCLOSURE OF FOREIGN FINANCING OF INTERCOLLEGIATE

ATHLETICS.

(a) Disclosure to Intercollegiate Athletic Association.—

(1) In general.—A covered person shall disclose to the

relevant intercollegiate athletic association (except in the

case of a covered person that is an intercollegiate athletic

association) all amounts received by the covered person

relating to intercollegiate athletics from a foreign

government, a foreign adversary, a state-owned enterprise, a

sovereign wealth fund, or any other foreign source.

(2) Disclosure deadlines.—

(A) In general.—Except as provided under subparagraph (B),

disclosures under paragraph (1) shall be made not later than

30 days after—

(i) entering into a relevant transaction or receiving

funds, whichever occurs first; or

(ii) any material change that would impact a previous

disclosure.

(B) Name, image, and likeness agreement.—With respect to

any name, image, and likeness agreement entered into by a

covered person who is a student athlete or prospective

student athlete, any disclosure required under this

subsection shall be included in the disclosure required under

section 101(b).

(b) Report and Public Availability.—

(1) In general.—Not later than August 1 of each year, each

intercollegiate athletic association shall submit to the

Secretary of Education, the Committee on Commerce, Science,

and Transportation of the Senate, and the Committee on Energy

and Commerce of the House of Representatives a report on—

(A) all disclosures received under subsection (a) during

the one-year period preceding the date of the report; and

(B) any amounts received by the intercollegiate athletic

association relating to intercollegiate athletics from a

foreign government, a foreign adversary, a state-owned

enterprise, a sovereign wealth fund, or any other foreign

source during the one-year period preceding the date of the

report.

(2) Public availability.—Each intercollegiate athletic

association shall publish on a publicly available website an

updated disclosure containing the matter required under

paragraph (1) not later than January 31 and July 31 of each

year.

(1) Covered person.—The term “covered person” means—

(A) an institution;

(B) a conference;

(D) an associated entity;

(E) a collective;

(F) a student athlete or prospective student athlete;

(G) an athlete agent receiving or arranging funds on behalf

of an athlete; or

(H) an entity selling or licensing media, sponsorship,

apparel, or commercial rights relating to college sports.

(2) Foreign adversary.—The term “foreign adversary” has

the meaning given the term “covered nation” in section 4872

of title 10, United States Code.

(3) Foreign source.—The term “foreign source” has the

meaning given that term in section 117 of the Higher

Education Act of 1965 (20 U.S.C. 1011f).

(4) Sovereign wealth fund.—The term “sovereign wealth

fund” means an investment fund, investment vehicle, or

investment entity established, owned, controlled, or directed

by a foreign government, including any subsidiary or

affiliate controlled by such fund, vehicle, or entity.

SA 6814. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title I, add the following:

SEC. 129. PROHIBITION ON CERTAIN FOREIGN FINANCING OF

INTERCOLLEGIATE SPORTS.

(a) In General.—The President shall prohibit any

government of a foreign adversary, any entity subject to

sanctions imposed by the United States, any state-owned

enterprise, and any person related to any such government or

entity from financing intercollegiate sports in the United

States.

(b) Foreign Adversary Defined.—In this section, the term

“foreign adversary” has the meaning given the term

“covered nation” in section 4872 of title 10, United States

Code.

SA 6815. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

On page 151, strike line 16 and all that follows through

“3 years” on line 20 and insert the following:

“(i) during the 2-year period beginning on the date of

enactment of the Protect College Sports Act of 2026, means an

institution that has, at least once in the preceding 2 years

SA 6816. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

In section 101, add at the end the following:

(f) Prohibition on Certain Name, Image, and Likeness

Agreements.—No conference, institution, intercollegiate

athletic association, associated entity, collective, or third

party may enter into a name, image, and likeness agreement

with a student athlete (or group of student athletes) that

promotes gambling, tobacco or nicotine products, marijuana,

alcoholic beverages, or sexually explicit commercial products

or services.

SA 6817. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

On page 151, strike line 16 and all that follows through

“3 years” on line 20 and insert the following:

“(i) during the 3-year period beginning on the date of

enactment of the Protect College Sports Act of 2026, means an

institution that has, at least once in the preceding 2 years

SA 6818. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 205.

SA 6819. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title II, add the following:

SEC. 208. CONFERENCE MEMBERSHIP LIMIT AND COVERED INSTITUTION

LOOKBACK.

Section 7 of the Sports Broadcasting Act of 1961, as added

by section 205, is amended—

(1) in subsection (a)(1)(B), by striking “19

institutions” and inserting “20 institutions”; and

(2) in subsection (f)(2)(A)(i), by striking “preceding 3

years” and inserting “preceding year”.

SA 6820. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

After section 114, insert the following:

SEC. 114A. KEEPING PRIVATE EQUITY OUT OF INTERCOLLEGIATE

SPORTS.

(a) Definitions.—In this section:

(1) Foreign sovereign wealth fund.—The term “foreign

sovereign wealth fund” means an investment fund owned or

controlled by—

(A) a foreign state or an agency or instrumentality of a

foreign state, as such terms are defined in section 1603 of

title 28, United States Code; or

(B) an agent of a foreign principal, as defined in section

1 of the Foreign Agents Registration Act of 1938, as amended

(22 U.S.C. 611).

(2) Private equity firm.—The term “private equity firm”

means any of the following:

(A) A hedge fund or private equity fund, as such terms are

defined in section 13(h) of the Bank Holding Company Act of

1956 (12 U.S.C. 1851(h)).

(B) A private fund, as defined in section 202(a) of the

Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)).

the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)),

that advises a fund described in subparagraph (A) or (B).

(b) Prohibition on Private Equity Firms and Foreign

Sovereign Wealth Funds.—An institution, conference,

intercollegiate athletic association, or collective shall not

enter into, maintain, or permit any agreement (including

through a joint venture) with a private equity firm or a

foreign sovereign wealth fund that—

(1) transfers, assigns, pledges, or otherwise conveys to

such firm or fund any ownership, profit, or revenue interest

arising from its intercollegiate athletics program, including

media, sponsorships, licensing, ticketing, premium seating,

data, or other commercial rights; or

(2) with respect to intercollegiate athletics, grants such

firm or fund approval

rights, voting rights, or influence over athletics decisions,

branding, rulemaking or enforcement, endorsement or financial

decisions, scheduling, personnel, or student athlete

participation.

section may file a civil action in an appropriate district

court of the United States, or in an appropriate State court,

in the same manner and subject to the same conditions and

requirements as a civil action filed under section 119(a).

(d) Applicability.—

(1) In general.—This section shall apply beginning on the

date of enactment of this Act, except as provided in

paragraph (2).

(2) Existing agreements.—With respect to any agreement

described in subsection (b) that was entered into before the

date of enactment of this Act, this section shall apply

beginning on the date that is 1 year after the date of

enactment of this Act.

SA 6821. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE IV—ENFORCEMENT BY STATES

SEC. 401. ENFORCEMENT BY STATES.

(a) In General.—If the attorney general of a State has

reason to believe that a person has violated or is violating

this Act, an amendment made by this Act, or a regulation

promulgated thereunder that affects the residents of that

State, the State, as parens patriae, may bring a civil action

in any appropriate district court of the United States, to—

(1) enjoin any further violation by the person;

(2) enforce compliance with this Act or any such amendment

or regulation;

(3) obtain other remedies permitted under State law; and

(4) obtain damages, restitution, or other compensation on

behalf of residents of the State.

(b) Rule of Construction.—For purposes of bringing a civil

action under subsection (a), nothing in this Act shall be

construed to prevent the chief law enforcement officer or

official or agency of a State from exercising the powers

conferred on such chief law enforcement officer or official

or agency of a State by the laws of the State to conduct

investigations, administer oaths or affirmations, or compel

the attendance of witnesses or the production of documentary

and other evidence.

SA 6822. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 107, strike line 12 and all that follows

through page 108, line 4.

SA 6823. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

On page 105, strike line 10 and insert the following:

(1) treble damages; and

SA 6824. Mrs. BLACKBURN submitted an amendment intended to be proposed to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title I, add the following:

SEC. . RULE OF CONSTRUCTION ON SOVEREIGN IMMUNITY.

Nothing in this Act, or an amendment made by this Act,

shall be construed to waive, abrogate, modify, or limit the

rights of sovereign immunity of a public institution of

higher education available at law.

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