- Record: Senate Floor
- Section type: Amendments
- Chamber: Senate
- Date: September 29, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
SA 6839. Ms. MURKOWSKI (for Mr. Schatz (for himself and Ms. Murkowski)) proposed an amendment to the bill S. 3383, to amend the Act of August 9, 1955, to make improvements to that Act, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the “Unlocking Native Lands and
Opportunities for Commerce and Key Economic Developments Act
of 2025”.
SEC. 2. MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF-WAY
ACROSS INDIAN LAND.
(a) Leases of Trust or Restricted Lands.—The first section
of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25
U.S.C. 415) (commonly known as the “Long-Term Leasing
Act”), is amended—
(1) in subsection (a), in the second sentence, by inserting
“, land held in trust for any other Indian tribe included on
the most recent list published by the Secretary pursuant to
section 104(a) of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131(a))” after “Chehalis
Reservation”;
(2) by striking “That (a) any” and inserting the
following:
“SECTION 1. LEASES OF TRUST OR RESTRICTED LANDS.
“(a) Authorized Purposes; Term; Approval by Secretary.—
Any”; and
(3) in subsection (h)(1)—
(A) in the matter preceding subparagraph (A), by striking
“and the term of the lease does not exceed—” and inserting
a period; and
(B) by striking subparagraphs (A) and (B).
(b) Technical Correction.—Section 2 of the Act of August
9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a) (commonly
known as the “Long-Term Leasing Act”), is amended by
inserting “of the Interior” after “Secretary” each place
it appears.
(c) Modifications of Rights-of-Way Across Indian Land.—The
Act of February 5, 1948 (62 Stat. 17, chapter 45), is
amended—
(1) in the first section (62 Stat. 17, chapter 45; 25
U.S.C. 323), by striking “That the Secretary of the Interior
be, and he is hereby, empowered to” and inserting the
following:
“SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN
LAND.
“(a) Rights-of-Way.—The Secretary of the Interior may”;
(2) in section 2 (62 Stat. 18, chapter 45; 25 U.S.C. 324),
by striking “organized under the Act of June 18, 1934 (48
Stat. 984), as amended; the Act of May 1, 1936 (49 Stat.
1250); or the Act of June 26, 1936 (49 Stat. 1967),”; and
(3) by adding at the end the following:
“SEC. 8. TRIBAL GRANTS OF RIGHTS-OF-WAY.
“(a) Rights-of-Way.—
“(1) In general.—Subject to paragraph (2), an Indian
tribe may grant a right-of-way over and across the Tribal
land of the Indian tribe for any purpose.
“(2) Authority.—A right-of-way granted under paragraph
(1) shall not require the approval of the Secretary of the
Interior or a grant by the Secretary of the Interior under
the section 1 if the right-of-way granted under paragraph (1)
is executed in accordance with a Tribal regulation approved
by the Secretary of the Interior under subsection (b).
“(b) Review of Tribal Regulations.—
“(1) Tribal regulation submission and approval.—
“(A) Submission.—An Indian tribe seeking to grant a
right-of-way under subsection (a) shall submit for approval a
Tribal regulation governing the granting of rights-of-way
over and across the Tribal land of the Indian tribe.
“(B) Approval.—Subject to paragraph (2), the Secretary of
the Interior shall have the authority to approve or
disapprove any Tribal regulation submitted under subparagraph
(A).
“(2) Considerations for approval.—
“(A) In general.—The Secretary of the Interior shall
approve a Tribal regulation submitted under paragraph (1)(A),
if the Tribal regulation—
“(i) is consistent with any regulations (or successor
regulations) issued by the Secretary of the Interior under
section 4;
“(ii) provides for an environmental review process that
includes—
“(I) the identification and evaluation of any significant
impacts the proposed action may have on the environment; and
“(II) a process for ensuring—
“(aa) that the public is informed of, and has a reasonable
opportunity to comment on, any significant environmental
impacts of the proposed action identified by the Indian tribe
under subclause (I); and
“(bb) the Indian tribe provides a response to each
relevant and substantive public comment on the significant
environmental impacts identified by the Indian tribe under
subclause (I) before the Indian tribe approves the right-of-
way.
“(B) Statutory exemptions.—The Secretary of the Interior,
in making an approval decision under this subsection, shall
not be subject to—
“(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
“(ii) section 306108 of title 54, United States Code; or
“(iii) the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).
“(3) Review process.—
“(A) In general.—Not later than 180 days after the date
on which the Indian tribe submits a Tribal regulation to the
Secretary of the Interior under paragraph (1)(A), the
Secretary of the Interior shall—
“(i) review the Tribal regulation;
“(ii) approve or disapprove the Tribal regulation; and
“(iii) notify the Indian tribe that submitted the Tribal
regulation of the approval or disapproval.
“(B) Written documentation.—If the Secretary of the
Interior disapproves a Tribal regulation submitted under
paragraph (1)(A), the Secretary of the Interior shall include
with the disapproval notification under subparagraph (A)(iii)
written documentation describing the basis for the
disapproval.
“(C) Extension.—The Secretary of the Interior may, after
consultation with the Indian tribe that submitted a Tribal
regulation under paragraph (1)(A), extend the 180-day period
described in subparagraph (A).
“(4) Federal environmental review.—Notwithstanding
paragraphs (2) and (3), if an Indian tribe carries out a
project or activity funded by a Federal agency, the Indian
tribe may rely on the environmental review process of the
applicable Federal agency rather than any Tribal
environmental review process required under this subsection.
“(c) Documentation.—An Indian tribe granting a right-of-
way under subsection (a) shall provide to the Secretary of
the Interior—
“(1) a copy of the right-of-way, including any amendments
or renewals; and
“(2) if the right-of-way allows for compensation to be
made directly to the Indian tribe, documentation of payments
that are sufficient, as determined by the Secretary of the
Interior, as to enable the Secretary of the Interior to
discharge the trust responsibility of the United States under
subsection (d).
“(d) Trust Responsibility.—
“(1) In general.—The United States shall not be liable
for losses sustained by any party to a right-of-way granted
under subsection (a).
“(2) Authority of the secretary.—
“(A) In general.—Pursuant to the authority of the
Secretary of the Interior to fulfill the trust obligation of
the United States to the applicable Indian tribe under
Federal law (including regulations), the Secretary of the
Interior may, on reasonable notice from the applicable Indian
tribe and at the discretion of the Secretary of the Interior,
enforce the provisions of, or cancel, any right-of-way
granted by the Indian tribe under subsection (a).
“(B) Authority.—The enforcement or cancellation of a
right-of-way under subparagraph (A) shall be conducted using
regulatory procedures issued under section 6.
“(e) Compliance.—
“(1) In general.—An interested party, after exhaustion of
any applicable Tribal remedies, may submit a petition to the
Secretary of the Interior, at such time and in such form as
determined by the Secretary of the Interior, to review the
compliance of an applicable Indian tribe with a Tribal
regulation approved by the Secretary of the Interior under
subsection (b).
“(2) Violations.—If the Secretary of the Interior
determines that a Tribal regulation was violated after
conducting a review under paragraph (1), the Secretary of the
Interior may take any action the Secretary of the Interior
determines to be necessary to remedy the violation, including
rescinding the approval of the Tribal regulation and
reassuming responsibility for approving rights-of-way through
the trust land of the applicable Indian tribe.
“(3) Documentation.—If the Secretary of the Interior
determines that a Tribal regulation was violated after
conducting a review under paragraph (1), the Secretary of the
Interior shall—
“(A) provide written documentation, with respect to the
Tribal regulation that has been violated, to the appropriate
interested party and Indian tribe;
“(B) provide the applicable Indian tribe with a written
notice of the alleged violation; and
“(C) prior to the exercise of any remedy, including
rescinding the approval for the applicable Tribal regulation
or reassuming responsibility for approving rights-of-way
through the trust land of the applicable Indian tribe,
provide the applicable Indian tribe with—
“(i) a hearing that is on the record; and
“(ii) a reasonable opportunity to cure the alleged
violation.
“(f) Savings Clause.—Nothing in this section affects the
application of any Tribal regulations issued under Federal
environmental law.
“(g) Effect of Tribal Regulations.—An approved Tribal
regulation under subsection (b) shall not preclude an Indian
tribe from, in the discretion of the Indian tribe, consenting
to the grant of a right-of-way by the Secretary of the
Interior under the section 1.
“(h) Terms of Right-of-Way.—The compensation for, and
terms of, a right-of-way granted under subsection (a) will be
determined by—
“(1) negotiations by the Indian tribe; or
“(2) the regulations of the Indian tribe.
“(i) Jurisdiction.—The grant of a right-of-way under
subsection (a) does not waive the sovereign immunity of the
Indian tribe or diminish the jurisdiction of that Indian
tribe over the Tribal land subject to the right-of-way,
unless otherwise provided in—
“(1) the grant of the right-of-way; or
“(2) the regulations of the Indian tribe.”.
SA 6840. Mr. VAN HOLLEN (for himself, Ms. Alsobrooks, Mr. Booker, Ms. Duckworth, Mr. Durbin, and Mr. Welch) submitted an amendment intended to be proposed by him to the bill H.R. 9340, to amend the Public Utility Regulatory Policies Act of 1978 to establish a Federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers, and for other purposes; which was ordered to lie on the table; as follows:
Redesignate section 2 as section 4.
Insert after section 1 the following:
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) because of current energy policies and electricity
market structures, households and businesses are subsidizing
data center development, paying the way for data centers
through rising energy bills;
(2) recent analysis indicates that data centers are set to
more than double their electricity consumption, accounting
for 6.7 percent to 12 percent of all energy demand by 2028,
which is causing electricity prices to increase for
ratepayers;
(3) ratepayers should not be forced to take on the
financial risks and costs of new infrastructure investments
needed to support projected data center energy demands;
(4) data center owners and operators should be held
accountable for the increased energy costs that data centers
are causing;
(5)(A) the uniquely large size, rapidly increasing pace,
and uncertain nature of projected energy demand from data
centers are impacting both grid reliability and the
affordability of electricity;
(B) energy demand from data centers is also significantly
impacting interstate commerce by putting a strain on the
electric grid and causing reliability issues and energy costs
to rise across State lines; and
(C) therefore, increased Federal oversight is necessary to
ensure that the interconnection of data centers to the
electric grid does not create reliability or affordability
risks;
(6) data centers directly affect the transmission system
and can increase transmission costs, regardless of whether
they are connected directly to transmission facilities;
(7) any policy solutions seeking to hold data center owners
and operators accountable as described in paragraph (4)
should also seek to minimize the climate and environmental
impacts of data center development while creating good-paying
jobs;
(8) the Commission has authority, pursuant to the mandates
to ensure just and reasonable and not unduly discriminatory
rates (as established under sections 205 and 206 of the
Federal Power Act (16 U.S.C. 824d, 824e) (including the
standards developed under those sections)) and grid
reliability (as established under section 215 of that Act (16
U.S.C. 824o) (including the standards developed under that
section)), to require grid operators to create “load
queues” for data centers that incentivize certain practices,
including payment for required system upgrades and voluntary
load flexibility;
(9) grid operators, as part of their mandate to provide
reliable transmission service, have the authority to create
load queues specific to data centers that delay or deny
interconnection in order to ensure reliability, and it is not
“unduly discriminatory” to do so under the Federal Power
Act (16 U.S.C. 791a et seq.) because data centers, as a
single customer class, constitute enough new load to
overwhelm the electric grid if their interconnection to the
electric grid is left unchecked; and
(10)(A) some States are implementing processes to create
rate classes specific to data centers, which are necessary to
protect ratepayers from unfair costs and unnecessary risk,
given the uncertain nature of data center energy demand
projections and the high costs associated with the energy
demands of data centers; and
(B) rate classes specific to data centers should be adopted
more broadly across all States to help ensure that, across
the United States, energy system cost increases caused by
data centers are paid for by data center owners and
operators.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.—The term “Commission” means the Federal
Energy Regulatory Commission.
(2) Covered interconnection entity.—The term “covered
interconnection entity” means—
(A) an Independent System Operator (as defined in section 3
of the Federal Power Act (16 U.S.C. 796));
(B) a Regional Transmission Organization (as defined in
that section); and
(C) a transmitting utility (as defined in that section)
that is responsible for managing data center load
interconnection requests (or the appropriate regional grid
planning entity for the transmitting utility (as determined
by the Commission)).
(3) Data center.—The term “data center” means any
facility, or group of facilities with the same owner located
in the same utility area, that—
(A) primarily contains electronic equipment used to host
information and information systems accessed by other systems
or by users on other devices both in and outside of the State
in which the facility or group of facilities is located;
(B) may be—
(i) a free-standing structure; or
(ii) a facility that—
(I) is within a larger structure; and
(II) uses environmental control equipment to maintain the
proper conditions for the operation of electronic equipment;
(C) has an energy demand greater than 50 megawatts;
(D) meets such other criteria as the Commission determines
to be appropriate for purposes of this Act, including
anticircumvention provisions; and
(E) is not owned by the Federal Government.
(4) Data center load queue.—The term “data center load
queue” means a load queue that—
(A) relates specifically to data center load
interconnection requests; or
(B) relates to requests made by distribution utilities or
load-serving entities (as those terms are defined in section
217(a) of the Federal Power Act (16 U.S.C. 824q(a))) to study
impacts on the transmission system caused by the
interconnection of data centers.
(5) Data center owner or operator.—The term “data center
owner or operator” means any person, including a
corporation, that owns, builds, or operates a data center.
(6) Facility used to mine cryptocurrency.—The term
“facility used to mine cryptocurrency” means any facility,
or group of facilities with the same owner located in the
same utility area, that—
(A) is used to mine or create cryptocurrencies or other
blockchain-based digital assets;
(B) may be—
(i) a free-standing structure; or
(ii) a facility that—
(I) is within a larger structure; and
(II) uses environmental control equipment to maintain the
proper conditions for the operation of electronic equipment;
and
(C) meets such other criteria, such as a minimum peak
electricity demand, as the Commission determines to be
appropriate for purposes of this Act.
(7) Labor organization.—The term “labor organization”
has the meaning given the term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(8) Labor peace agreement.—The term “labor peace
agreement” means a written agreement between an employer and
a labor organization through which the employer guarantees
that—
(A) the employer will be neutral regarding any of the
employees of the employer seeking to be represented by the
labor organization; and
(B) if employees seek to be represented by a labor
organization, the employer shall recognize the labor
organization as the exclusive bargaining representative on a
showing that a majority of the employees choose to be
represented by the labor organization.
(9) Load growth.—The term “load growth” means increasing
demand for electricity.
(10) Load interconnection request.—The term “load
interconnection request” means the request of a data center
owner or operator to connect, or study the feasibility of
connecting, a data center to the electric grid, whether at
the transmission or distribution level.
(11) Organic load growth.—
(A) In general.—The term “organic load growth” means
load growth that is attributable to increases in demand
associated with economic or population growth, including with
respect to hospitals, educational institutions, advanced
manufacturing facilities, residential homes, electric
vehicles, and other facilities, as determined by the
Commission.
(B) Exclusion.—The term “organic load growth” does not
include load growth that is attributable to—
(i) data centers; or
(ii) facilities used to mine cryptocurrency.
(12) Project labor agreement.—The term “project labor
agreement” means a pre-hire collective bargaining agreement
with 2 or more labor organizations of which building and
construction employees are members that—
(A) establishes the terms and conditions of employment for
a specific construction project; and
(B) is an agreement described in subsections (e) and (f) of
section 8 of the National Labor Relations Act (29 U.S.C.
158).
(13) Qualifying battery energy storage system.—The term
“qualifying battery energy storage system” means a utility-
scale battery energy storage system that is connected to the
electric grid and paid for by a data center owner or
operator, including through a power purchase agreement or
other bilateral contract, regardless of whether the battery
energy storage system is onsite or offsite with respect to
the data center.
(14) Qualifying load flexibility agreement.—The term
“qualifying load flexibility agreement” means an agreement
between a covered interconnection entity and 1 or more data
center owners or operators—
(A) that—
(i) is implemented by the covered interconnection entity;
and
(ii) complies with the minimum standards and guidelines
established by the Commission under section 5(c); and
(B) pursuant to which—
(i) data centers may be interrupted by the covered
interconnection entity; and
(ii) to the extent that the covered interconnection entity
determines that load shedding, curtailments, or other grid
protection is needed, data center service interruptions shall
occur—
(I) before service interruptions for other grid users; and
(II) before emergency conditions occur, as defined in the
emergency procedures established by the interconnection
entity.
(15) Registered apprenticeship program.—The term
“registered apprenticeship program” means an apprenticeship
program registered under the Act of August 16, 1937 (commonly
known as the “National Apprenticeship Act”) (50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.), that meets the standards
of parts 29 and 30 of title 29, Code of Federal Regulations
(as in effect on the date of enactment of this Act).
(16) Secretary.—The term “Secretary” means the Secretary
of Energy.
Insert after section 4 (as so redesignated) the following:
SEC. 5. DATA CENTER LOAD QUEUES.
(a) In General.—Not later than 180 days after the date of
enactment of this Act, the Commission shall issue a rule
requiring all covered interconnection entities to create, for
the purpose of addressing reliability and affordability
concerns from new data center loads, regardless of whether
those loads are connecting directly to the transmission
system or through a distribution utility, a data center load
queue system—
(1) that gives priority for interconnection to data centers
(including data center owners and operators) that, by
implementing each of the strategies described in subsection
(b), offset their electricity demand on the electric grid,
reducing costs for all ratepayers, while also mitigating
local air and noise pollution and providing good-paying job
opportunities; and
(2) pursuant to which data centers are connected to the
electric grid in a manner that does not interfere with
serving organic load growth, which may include delaying or
denying interconnection for a data center if the applicable
covered interconnection entity determines that such
interconnection is likely to adversely affect—
(A) the reliability or resource adequacy of the electric
grid; or
(B) the affordability of electricity or electric capacity
for users of the electric grid that are not data centers.
(b) Strategies Described.—The strategies referred to in
subsection (a)(1) are the following:
(1) Bringing new, additional supply resources to the
electric grid that—
(A) are designated for the service of, and paid for by, the
data center owner or operator, including through a power
purchase agreement or another bilateral contract;
(B) are deliverable to the location where the new data
center is interconnecting;
(C) are maintained for the lifetime of the data center;
(D) have at least enough capacity—
(i) to fully serve the new data center; or
(ii) to serve that portion of the capacity need of the new
data center that is not offset by 1 or more qualifying
battery energy storage systems, virtual power plants, or
qualifying load flexibility agreements;
(E) have a generation output that—
(i) is substantially similar to the temporal load profile
of the data center during peak demand; or
(ii) is sufficient to fill any gaps in the temporal load
profile of the data center during peak demand that are not
offset by 1 or more qualifying battery energy storage
systems, virtual power plants, or qualifying load flexibility
agreements; and
(F) are low- or no-carbon forms of generation.
(2) Incorporating low- or no-carbon backup generation,
which excludes diesel generation and may include behind-the-
meter battery energy storage systems.
(3) Ensuring that, in the construction of the data center
and any new energy supply resource that the data center
brings to the electric grid pursuant to paragraphs (1) and
(2)—
(A) all laborers and mechanics employed by the data center
owner or operator and contractors and subcontractors of the
data center owner or operator, in the performance of
construction, shall be paid wages at rates not less than
those prevailing on projects of a character similar in the
locality in which the construction project is located, as
most recently determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40,
United States Code; and
(B) all contractors and subcontractors of the data center
owner or operator use registered apprentices participating in
registered apprenticeship programs.
(4) Ensuring that the operator of any new energy supply
resource that the data center brings to the electric grid
pursuant to paragraphs (1) and (2) agrees that the operator
will use a labor peace agreement for the operation and
maintenance of the energy supply resource.
(c) Qualifying Load Flexibility Agreements.—
(1) In general.—The Commission shall establish minimum
standards and guidelines for qualifying load flexibility
agreements.
(2) Requirements.—The standards and guidelines established
under paragraph (1) shall—
(A) reduce costs for ratepayers by minimizing the need for
the build out of new generation and transmission; and
(B) ensure that qualifying load flexibility agreements can
be effectively implemented by the covered interconnection
entity.
(d) Priority.—For purposes of priority in a data center
load queue under subsection
(a)(1), with respect to forms of generation described in
paragraphs (1)(F) and (2) of subsection (b), priority shall
be determined using a sliding scale pursuant to which
additional priority is given for forms of generation having
lower carbon intensity, such that the lower the carbon
intensity of the applicable form of generation, the higher
the priority given to the applicable data center in the data
center load queue.
(e) Effect of Certain Agreements.—
(1) Contractor or subcontractor.—Any individual contractor
or subcontractor of the data center owner or operator that is
a signatory to a pre-hire collective bargaining agreement
described in subsections (e) and (f) of section 8 of the
National Labor Relations Act (29 U.S.C. 158) that covers
construction work on the data center and any new energy
supply resource that the data center brings to the electric
grid shall be deemed to be in compliance with subsection
(b)(3).
(2) Project labor agreement.—If a project labor agreement
is used to construct a data center and any new energy supply
resource that the data center brings to the electric grid,
the data center (including the data center owner and
operator) shall be deemed to be in compliance with the
requirements of subsection (b)(3).
(f) Labor Standards.—With respect to the labor standards
specified in subsection (b)(3)(A), the Secretary of Labor
shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
U.S.C. App.) and section 3145 of title 40, United States
Code.
(g) Deadline for Compliance.—The Commission shall ensure
compliance with the rule issued under subsection (a) by the
date that is 1 year after the date on which the rule is
issued.
(h) Prohibition.—On and after the effective date of the
final rule issued under subsection (a), a data center that is
not already interconnected with the electric grid may not
interconnect with the electric grid unless the data center
has fully advanced through the applicable data center load
queue system created under that subsection.
SEC. 6. LOCAL TRANSMISSION COST ALLOCATION.
Not later than 120 days after the date of enactment of this
Act, the Commission shall direct each public utility (as
defined in section 201(e) of the Federal Power Act (16 U.S.C.
824(e))) to file 1 or more tariff amendments pursuant to
section 205 of that Act (16 U.S.C. 824d) that—
(1) allocate to each interconnecting data center local
transmission upgrade costs that, but for the existence of the
data center, would not be needed; and
(2) require data centers to pay transmission rates
applicable to their rate class that reflect the embedded cost
of the integrated grid, not including those local
transmission upgrade costs that are required to be allocated
to specific data centers under paragraph (1).
SEC. 7. CREATION OF APPROPRIATE RATE CLASSES.
(a) In General.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
program to provide grants and technical assistance to State
regulatory authorities (as defined in section 3 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602)) and
nonregulated electric utilities (as defined in that section)
considering the standard established by paragraph (22) of
section 111(d) of that Act (16 U.S.C. 2621(d)) to assist in
the creation of appropriate rate classes to ensure that costs
relating to the energy demands of data centers, including
costs of generation, transmission, and distribution network
upgrades, are not borne or subsidized by customers that are
not data centers.
(b) Authorization of Appropriations.—There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 8. LOAD AND INTERCONNECTION FORECASTING.
(a) Technical Assistance.—
(1) In general.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
program to provide technical assistance to support the
forecasting by covered interconnection entities of long-term
load projections, particularly with respect to improving
forecasting associated with data center load interconnection
requests.
(2) Authorization of appropriations.—There are authorized
to be appropriated such sums as are necessary to carry out
this subsection.
(b) Transparency and Disclosure.—
(1) In general.—Not later than 180 days after the date of
enactment of this Act, to improve the forecasting of
electricity demand and data center load interconnection
requests by covered interconnection entities across the
United States, the Commission shall establish transparency
and disclosure requirements for data center load
interconnection requests, including load interconnection
requests occurring at the transmission level and load
interconnection requests occurring at the distribution level.
(2) Requirement.—The requirements established under
paragraph (1) shall seek to reduce duplicative, speculative,
and other requests that impede accurate forecasting,
including by imposing new transparency and information-
sharing requirements for utilities and covered
interconnection entities to implement with respect to data
center load interconnection requests, as the Commission
determines to be appropriate.
SA 6841. Mr. KELLY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. BILATERAL RAPID RESPONSE PROTOCOL.
(a) Short Title.—This section may be cited as the
“Nicholas Douglas Quets United States-Mexico Rapid Response
for Victims of Crime Act”.
(b) Findings.—Congress finds the following:
(1) On October 18, 2024, while traveling from Arizona along
the southern border in the Mexican state of Sonora near
Puerto Penasco, Nicholas Quets was attacked and shot by armed
criminals associated with the Sinaloa Cartel at an
unauthorized cartel-controlled highway checkpoint, resulting
in the tragic death of the 31-year-old American.
(2) The brutal murder of Nicholas Quets reflects the
ongoing threat posed by transnational criminal organizations
and cartel violence in the region.
(3) The violence perpetrated by drug cartels and other
criminal organizations endangers innocent civilians,
undermines the rule of law, and threatens the safety of
United States citizens traveling abroad.
(4) Bilateral coordination in investigations like that of
Nicholas Quets' death can often be delayed or incomplete,
which may deny the administration of justice for victims and
their families.
(5) Each year, millions of United States citizens travel to
Mexico for tourism, work, and family purposes.
(6) In certain cases involving serious crimes, including
homicide, kidnapping, and organized criminal violence, delays
or gaps in coordination between authorities may hinder
investigations and the delivery of justice for victims and
their families.
(7) Enhanced bilateral coordination, communication, and
investigative cooperation is essential to ensure effective
responses to serious crimes involving United States citizens
in Mexico.
(c) Statement of Policy.—It shall be the policy of the
United States to collaborate in bilateral rapid response to
ensure efficient communication and coordination between
United States and Mexican authorities when responding to
serious crimes involving United States citizens in Mexico.
(d) Definitions.—In this section:
(1) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; the
(D) the Committee on the Judiciary of the House of
Representatives.
(2) Protocol.—The term “Protocol” means the bilateral
rapid response protocol for serious crimes committed against
United States citizens in Mexico that may be established
pursuant to subsection (e).
(3) Serious crime.—The term “serious crime” has the
meaning given such term in section 103(14) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11103(14))
(e) Establishment.—In order to carry out the policy
described in subsection (c), the Secretary of State, in
coordination with the Attorney General, may engage with the
Government of Mexico to negotiate and establish a bilateral
rapid response protocol for serious crimes committed against
United States citizens in Mexico.
(f) Purpose.—The Protocol is intended to facilitate timely
coordination between United States and Mexican authorities in
responding to and investigating serious crimes committed
against United States citizens in Mexico.
(g) Recommended Elements.—In negotiating the Protocol, the
Secretary of State may include procedures that provide—
(1) mechanisms for the prompt notification of relevant
United States and Mexican authorities when a serious crime
involving a United States citizen occurs;
(2) secure and reliable communication channels between
designated law enforcement and .059diplomatic authorities in
both countries;
(3) procedures to ensure the timely securing of crime
scenes and the protection of relevant physical evidence;
(4) agreed-upon standards and procedures for preserving and
documenting evidence in a manner that supports potential
prosecutions in either country's jurisdiction;
(5) procedures to facilitate the timely sharing of
investigative leads, intelligence, and forensic information
between United States and Mexican authorities, consistent
with the laws of each country;
(6) the designation of appropriate points of contact within
the Government of Mexico and procedures to facilitate
requests for international extradition and timely
coordination for extradition to United States;
(7) the designation of appropriate points of contact within
relevant United States and Mexican agencies responsible for
coordinating responses to incidents covered by the Protocol;
(8) the designation of a point of contact within the United
States Government responsible for communicating with the
victim or the victim's family and providing timely updates
regarding available assistance and investigative
developments, as appropriate and consistent with the need to
protect the integrity of any ongoing investigation,
prosecution, or other law enforcement proceeding;
(9) appropriate substantive and procedural safeguards for
the protection of privacy and civil liberties with respect to
information shared pursuant to the Protocol;
(10) procedures for coordination between United States
consular officials and Mexican authorities regarding support
for victims and their families; and
(11) opportunities for joint training, planning, or
exercises to ensure effective implementation of the Protocol.
(h) Progress Report.—Not later than 180 days after the
date of the enactment of this Act, and annually thereafter
until the Protocol is established, the Secretary of State
shall submit a report to the appropriate congressional
committees that describes—
(1) the progress made toward negotiating the Protocol;
(2) the status of cooperation with the Government of Mexico
relating to crimes against United States citizens while they
are in Mexico; and
(3) any additional legislative or diplomatic steps the
Secretary determines would improve coordination and
accountability in such cases.
(i) Implementation Report.—Not later than 180 days after
the establishment of the Protocol, and annually thereafter,
the Secretary of State shall submit a report to the
appropriate congressional committees that describes—
(1) the status of the implementation of such protocol;
(2) actions taken by United States and Mexican authorities
under the protocol;
(3) the extent to which the protocol has improved
coordination in covered cases; and
(4) any recommendations for improving the protocol.
(j) Rules of Construction.—Nothing in this section may be
construed—
(1) to limit the sovereignty of the United States or of
Mexico;
(2) to require the Government of Mexico to adopt
investigative procedures inconsistent with existing Mexican
law;
(3) to alter the existing authorities of United States law
enforcement or consular officials; or
(4) to limit or otherwise affect any right or protection
afforded to an individual under the Constitution or laws of
the United States.
SA 6842. Mr. KELLY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. BORDER TRAVEL SAFETY.
(a) Short Title.—This section may be cited as the
“Nicholas Douglas Quets Border Travel Safety Act”.
(b) Findings.—Congress finds the following:
(1) On October 18, 2024, while traveling from Arizona along
the southern border in the Mexican state of Sonora near
Puerto Penasco, Nicholas Quets was attacked and shot by armed
criminals associated with the Sinaloa Cartel at an
unauthorized cartel-controlled highway checkpoint, which
resulted in the tragic death of the 31-year-old American.
(2) The brutal murder of Nicholas Quets reflects the
ongoing threat posed by transnational criminal organizations
and cartel violence in the region.
(3) Nicholas Quets was shot while traveling along the
Altar-Caborca highway (Federal Highway 2) in Sonora, which is
frequently listed under a “Reconsider Travel” advisory due
to cartel activity in the area.
(4) The Department of State issues Travel Advisories to
inform United States citizens and other travelers of safety
and security risks in foreign countries and regions.
(5) Department of State Travel Advisories identify certain
foreign regions, including areas near United States land
borders, that present elevated safety or security risks due
to criminal activity, violence, kidnapping, or other threats.
(6) Individuals entering or departing the United States
through land ports of entry may not be aware that nearby
areas identified in Department of State Travel Advisories
pose heightened safety or security risks.
(7) Clear and visible signage at land ports of entry and
surrounding areas would improve traveler awareness of such
risks and promote public safety.
(c) Sense of Congress.—It is the sense of Congress that
clear and visible signage displaying travel advisories at
land ports of entry along the land boundary between the
United States and Mexico are necessary to improve traveler
awareness of safety or security risks due to criminal
activity, violence, kidnapping, or other threats.
(d) Definitions.—In this section:
(1) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
(2) Travel advisory.—The term “Travel Advisory” means
the country-specific or region-specific safety advisory
issued by the Department of State to inform travelers of
security risks abroad.
(e) Warning Signage for Travelers Near Land Ports of Entry
Along the Southern Border.—
(1) Establishment.—The Secretary of Homeland Security,
acting through the Commissioner of U.S. Customs and Border
Protection, in consultation with the Secretary of State and
the Administrator of the General Services Administration,
shall establish and carry out a program to install and
maintain warning signage informing travelers of dangerous
areas or routes near the southern border of the United States
that have been identified in relevant Department of State
Travel Advisories.
(2) Responsibilities of secretary of state.—The Secretary
of State shall—
(A) identify areas or routes near the United States land
border with Mexico that are designated as dangerous in any
Department of State Travel Advisory;
(B) provide the Commissioner of U.S. Customs and Border
Protection with updated advisory information necessary for
the content of warning signage; and
(C) provide the Secretary of Homeland Security with the
appropriate content and messaging of such signage.
(3) Coordination.—In carrying out this section, the
Secretary of Homeland Security, acting through the
Commissioner of U.S. Customs and Border Protection, shall
coordinate with the Secretary of State, appropriate State
transportation and public safety agencies, and relevant
State, local, and tribal government officials.
(f) Placement of Signage.—
(1) In general.—The Secretary of Homeland Security, acting
through the Commissioner of U.S. Customs and Border
Protection, shall, to the maximum extent practicable,
install, maintain, and update warning signage described in
this section.
(2) Locations.—Warning signage developed pursuant to this
section shall—
(A) be placed—
(i) at appropriate land ports of entry along the United
States international boundary with Mexico;
(ii) on appropriate roadways and routes approaching, and in
areas immediately adjacent to, such ports of entry where
travelers are likely to cross the international boundary;
(iii) at any additional locations determined appropriate by
the Secretary of Homeland Security, in consultation with
State and local transportation authorities, to ensure
adequate traveler awareness;
(iv) in locations that are clearly visible to motorists and
pedestrians; and
(v) in sufficient proximity to allow travelers to make
informed travel decisions; and
(B) include the words “pursuant to the Nicholas Douglas
Quets Border Travel Safety Act”.
(3) Coordination with state and local authorities.—In
placing signage pursuant to this subsection, the Secretary of
Homeland Security shall coordinate with, and may enter into
agreements, as may be necessary, with—
(A) State departments of transportation;
(B) local government officials; and
(C) other appropriate authorities responsible for roadway
infrastructure near the international border of the United
States.
(4) Content of signage.—Signage required under this
section shall, to the maximum extent practicable—
(A) clearly warn travelers of nearby areas or routes
identified as dangerous in Department of State Travel
Advisories;
(B) provide a reference to additional safety information,
including the Department of State travel advisory website or
a QR code linking to such information;
(C) be displayed in a format that can be swiftly and easily
updated to reflect changes to applicable Department of State
Travel Advisories, and may include risk indicators and
incident alerts from the Department of State;
(D) be displayed in English and Spanish, and any additional
languages the Secretary, in consultation with the Department
of State, determines appropriate; and
(E) include any other safety information the Secretary of
State determines appropriate.
(g) Reviews and Updates.—
(1) In general.—The Secretary of Homeland Security, in
consultation with the Secretary of State, shall—
(A) annually review warning signage to ensure accuracy and
visibility; and
(B) update such signage as necessary to reflect changes in
Department of State Travel Advisories.
(2) Identification of critical changes.—The Secretary of
State shall notify the Secretary of Homeland Security
whenever critical changes have occurred that require warning
signage to be updated.
(h) Reports to Congress.—
(1) Implementation report.—Not later than 1 year after the
date of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of State and the
Commissioner of U.S. Customs and Border Protection, shall
submit a report to the appropriate congressional committees
that describes—
(A) the implementation of the signage program required
under this section;
(B) the locations where signage has been installed;
(C) plans for updating such signage; and
(D) any recommendations for improving traveler awareness of
dangerous areas identified in Travel Advisories.
(2) GAO report.—The Comptroller General of the United
States shall submit a report to the appropriate congressional
committees that—
(A) describes the efficacy of the travel advisory warnings
for travelers; and
(B) indicates whether there are modernizations to warning
delivery that the Department of State or the Department of
Homeland Security could undertake to ensure travelers have
adequate awareness to potential travel-related dangers.
(i) No Additional Appropriations.—
(1) No additional funds authorized.—No additional funds
are authorized to be appropriated to carry out this section.
(2) Use of existing resources.—The Secretary of Homeland
Security and the Secretary of State shall carry out their
respective responsibilities under this section using amounts
otherwise appropriated or made available to their respective
departments.
(j) Rule of Construction.—Nothing in this Act may be
construed as authorizing the use of force against Mexico or
any entity or individual within Mexico.
SA 6843. Mr. THUNE (for Mr. Peters) proposed an amendment to the bill S. 528, to reauthorize the Great Lakes Restoration Initiative, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the “Great Lakes Restoration
Initiative Act of 2026” or the “GLRI Act of 2026”.
SEC. 2. GREAT LAKES RESTORATION INITIATIVE.
Section 118(c)(7)(J) of the Federal Water Pollution Control
Act (33 U.S.C. 1268(c)(7)(J)) is amended by striking clause
(i) and inserting the following:
“(i) In general.—There is authorized to be appropriated
to carry out this paragraph $475,000,000 for each of fiscal
years 2027 through 2030.”.
SA 6844. Mr. THUNE (for Ms. Cortez Masto) proposed an amendment to the bill S. 1574, to amend the Stored Communications Act to include Tribal courts as courts of competent jurisdiction; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the “Tribal Access to Electronic
Evidence Act”.
SEC. 2. TRIBAL COURTS AS COURTS OF COMPETENT JURISDICTION
UNDER STORED COMMUNICATIONS ACT.
(a) Definitions.—Section 2711 of title 18, United States
Code, is amended—
(1) in paragraph (3)—
(A) in subparagraph (B), by striking “or” at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B) the following:
“(C) a Tribal court; or”; and
(D) in subparagraph (D), as so redesignated, by striking
“and” at the end; and
(2) by striking paragraph (4) and inserting the following:
“(4) the term `governmental entity' means a department or
agency of—
“(A) the United States;
“(B) any State or political subdivision thereof; or
“(C) any Indian Tribe or political subdivision thereof;
“(5) the term `Indian Tribe' means any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation individually
identified (including parenthetically) on the most recent
list published by the Secretary of the Interior under section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131); and
“(6) the term `Tribal court' means a court of general
criminal jurisdiction of an Indian Tribe authorized by the
law of that Indian Tribe to issue search warrants.”.
(b) Required Disclosure of Customer Communications or
Records.—Section 2703 of title 18, United States Code, is
amended—
(1) in subsection (a)—
(A) by striking the first sentence and inserting the
following:
“(1) In storage 180 days or less.—A governmental entity
may require the disclosure by a provider of electronic
communication service of the contents of a wire or electronic
communication, that is in electronic storage in an electronic
communications system for 180 days or less, only pursuant to
a warrant issued by a court of competent jurisdiction—
“(A) issued using the procedures described in the Federal
Rules of Criminal Procedure;
“(B) in the case of a State court, issued using State
warrant procedures;
“(C) in the case of a court-martial or other proceeding
under chapter 47 of title 10 (the Uniform Code of Military
Justice), issued under section 846 of that title, in
accordance with regulations prescribed by the President); or
“(D) in the case of a Tribal court, issued using warrant
procedures that comply with section 202(a)(2) of Public Law
90-284 (commonly known as the `Indian Civil Rights Act of
1968') (25 U.S.C. 1302(a)(2)).
“(2) In storage more than 180 days.—”; and
(B) in paragraph (2), as so designated, by striking “one
hundred and eighty days” and inserting “180 days”;
(2) in subsection (b)(1)—
(A) in subparagraph (A), by striking “using the procedures
described in the Federal Rules of Criminal Procedure” and
all that follows through “prescribed by the President)” and
inserting “in accordance with subsection (a)(1)”; and
(B) in subparagraph (B)(i), by striking “or State” each
place it appears and inserting “, State, or Tribal”; and
(3) in subsection (c)—
(A) in paragraph (1)(A), by striking “using the procedures
described in the Federal Rules of Criminal Procedure” and
all that follows through “prescribed by the President)” and
inserting “in accordance with subsection (a)(1)”; and
(B) in paragraph (2), in the undesignated matter following
subparagraph (F), by striking “or State” each place it
appears and inserting “, State, or Tribal”.
(c) Delayed Notice.—Section 2705(a)(1)(B) of title 18,
United States Code, is amended by striking “or State” each
place it appears and inserting “, State, or Tribal”.
(d) Civil Action.—Section 2707(g) of title 18, United
States Code, is amended, in the second sentence, by inserting
“Tribal,” after “State,”.
(e) Wrongful Disclosure of Video Tape Rental or Sale
Records.—Section 2710 of title 18, United States Code, is
amended—
(1) in subsection (b)(2)(C), by inserting after “an
equivalent State warrant,” the following: “a warrant issued
by a Tribal court using warrant procedures that comply with
section 202(a)(2) of Public Law 90-284 (commonly known as the
`Indian Civil Rights Act of 1968') (25 U.S.C. 1302(a)(2)),”;
and
(2) in subsection (d), by striking “a State, or a
political subdivision of a State” and inserting “a State or
a political subdivision thereof, or an Indian Tribe or a
political subdivision thereof”.