Congressional Daily Record
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September 30, 2026
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Download official Senate Record PDFReturn to issue contextCRYSTAL RESERVOIR CONVEYANCE ACT
Mr. CRAPO. Mr. President, as if in legislative session and notwithstanding rule XXII, I ask unanimous consent that the Senate proceed to the immediate consideration of the following bills en bloc: Calendar No. 638, S. 2498, the National Park System Long-Term Lease Investment Act; and Calendar No. 641, S. 2754, the Crystal Reservoir Conveyance Act.
The PRESIDING OFFICER. The clerk will report the bills by title en bloc.
The senior legislative clerk read as follows:
A bill (S. 2498) to authorize the Secretary of the Interior
to extend certain leases within units of the National Park
System without opening the lease to bidding.
which had been reported from the Committee on Energy and Natural Resources with an amendment to strike all after the enacting clause and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the “National Park System Long-
Term Lease Investment Act”.
SEC. 2. AUTHORIZATION TO EXTEND CERTAIN LEASES.
(a) In General.—Subject to subsections (b) and (c), the
Secretary of the Interior (acting through the Director of the
National Park Service) (referred to in this Act as the
“Secretary”) may extend a lease entered into under part 18
of title 36, Code of Federal Regulations (as in effect on
January 3, 2025), without complying with the requirements of
section 18.7, 18.8, or 18.10 of that part, if—
(1) the lessee—
(A) entered into the lease not less than 5 years before the
date on which the extension takes effect; and
(B) is in compliance with the terms and conditions of the
lease; and
(2) the Secretary determines that extending the lease is in
the best interests of the administration of the applicable
unit of the National Park System.
(b) Requirement.—Before extending a lease under subsection
(a), the Secretary shall—
(1) publish a notice, for a period of not less than 60
days, inviting letters of interest from other qualified
entities to operate the lease on expiration;
(2) evaluate any competing letter of interest received
under paragraph (1) as compared to the terms offered, planned
capital investment, and quality of visitor services provided
by the incumbent lessee; and
(3) if the Secretary determines that a competing letter of
interest would provide better terms than the continued
operation of the incumbent lease—
(A) decline to extend the lease under subsection (a); and
(B) in lieu of such an extension, offer the lease for
competitive bidding in accordance with sections 18.7 and 18.8
of title 36, Code of Federal Regulations (or successor
regulations).
(c) Congressional Notification Required for Certain Lease
Extensions.—In the case of a proposed lease extension under
subsection (a) for a duration of more than 10 years, the
Secretary may not grant the proposed lease extension until
the date that is not less than 30 days after the date on
which the Secretary submits to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives the proposed lease
extension.
(d) Mid-term Compliance Review.—
(1) In general.—Not later than the date that is the
midpoint of the term of a lease extended under subsection
(a), the Director of the National Park Service shall prepare
and submit to the Secretary of the Interior a report
evaluating the compliance by the lessee with the terms and
conditions of the extended lease, including with respect to
rent, maintenance, insurance, and permitted-use requirements
under the lease and part 18 of title 36, Code of Federal
Regulations (or successor regulations).
(2) Review and determination.—Not later than 60 days after
receiving a report under paragraph (1), the Secretary of the
Interior shall—
(A) review the report; and
(B) based on the findings included in the report, determine
whether the lessee that is the subject of the report remains
in compliance with the terms and conditions of the applicable
extended lease.
(3) Termination for noncompliance.—If the Secretary of the
Interior determines under paragraph (2) that a lessee is not
in compliance with the terms and conditions of an extended
lease under this section, the Secretary of the Interior may—
(A) terminate the lease extension in accordance with the
termination-for-cause or default provisions required under
section 18.12(a) of title 36, Code of Federal Regulations (or
a successor regulation); and
(B) after such termination, make the applicable property
available for lease through a request for bids or a request
for proposals under section 18.7 or 18.8, respectively, of
that title (or successor regulations).
(4) Rule of construction.—Nothing in this subsection
limits any other right of the Secretary of the Interior to
terminate a lease for cause or default in accordance with the
terms of the lease or applicable law.
SEC. 3. AUTHORIZATION TO ENTER INTO LONG-TERM LEASES.
(a) In General.—Notwithstanding the second sentence of
section 18.10 of title 36, Code of Federal Regulations (as in
effect on January 3, 2025), the Secretary may enter into a
lease under part 18 of that title with a lease term of not
more than 99 years for the redevelopment of National Park
Service property, the redevelopment costs of which are
expected to exceed $100,000,000, if the Secretary has
determined that entering into the lease is in the best
financial needs and interests of the administration of the
applicable unit of the National Park System.
(b) Congressional Notification Required for Certain
Leases.—In the case of a proposed lease under subsection (a)
for a duration of more than 60 years, the Secretary may not
enter into the proposed lease until the date that is not less
than 60 days after the date on which the Secretary submits to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives the proposed lease.
SEC. 4. CONFORMING REGULATIONS.
Not later than 90 days after the date of enactment of this
Act, the Secretary shall revise part 18 of title 36, Code of
Federal Regulations, to reflect the authority granted under
sections 2 and 3.
The senior assistant legislative clerk read as follows:
A bill (S. 2754) to direct the Secretary of Agriculture to
convey to the City of Ouray, Colorado, certain land managed
by the Forest Service, together with a reservoir.
which had been reported from the Committee on Energy and Natural Resources with an amendment to strike all after the enacting clause and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the “Crystal Reservoir Conveyance
Act”.
SEC. 2. CONVEYANCE OF FEDERAL LAND TO OURAY, COLORADO.
(a) Definitions.—In this section:
(1) City.—The term “City” means the City of Ouray,
Colorado.
(2) Federal land.—The term “Federal land” means—
(A) the site known as “Crystal Reservoir” in Ouray
County, Colorado, including—
(i) the lake associated with that reservoir;
(ii) Full Moon Dam and associated facilities, including the
spillway and outlet;
(iii) Full Moon Ditch and Reservoir Number 10; and
(iv) all infrastructure associated with the reservoir; and
(B) the parcel comprising approximately 45 acres of land
underlying and surrounding Crystal Reservoir, as depicted on
the Map, managed by the Forest Service as necessary for
access for repair, operation, and maintenance of Crystal
Reservoir and the features described in clauses (i) through
(iv) of subparagraph (A).
(3) Map.—The term “Map” means the map prepared by the
Forest Service entitled “Crystal Reservoir Conveyance” and
dated June 23, 2025.
(4) Secretary.—The term “Secretary” means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(b) Conveyance.—As soon as practicable after the date of
enactment of this Act, the Secretary shall convey to the
City—
(1) except as otherwise provided in this Act, all right,
title, and interest of the United States in and to the
Federal land; and
(2) all right, title and interest of the United States in
and to any water rights held for use on, appurtenant to, or
otherwise associated with the Federal land, including the
Full Moon Ditch and Reservoir Number 10 water rights
described in the decree of the State of Colorado in Civil
Action No. 1959, dated May 11, 1942.
(c) Requirements.—The conveyance under subsection (b)
shall—
(1) convey fee simple title to the Federal land;
(2) be subject to—
(A) valid existing rights;
(B) the reservation to the United States, in the deed
conveying the Federal land, of easements for each road,
trail, and trailhead in existence on the date of the
conveyance, together with such additional rights as are
reasonably necessary for access, administration, operation,
maintenance, repair, and replacement of those improvements;
and
(C) the reversionary interest described in subsection
(e)(4); and
(3) except as provided in subsection (d)(2), be completed
at no cost to the City.
(d) Costs.—
(1) In general.—Except as provided in paragraph (2), the
Secretary shall pay all costs associated with the conveyance
under subsection (b).
(2) Survey.—The City shall pay all costs associated with
any surveys conducted for the purpose of accomplishing the
conveyance under subsection (b).
(e) Terms and Conditions.—
(1) In general.—As a condition of the conveyance of the
Federal land under subsection (b), the City shall agree—
(A) effective beginning on the date of the conveyance, to
assume responsibility for the costs of all repairs,
operations, maintenance, replacement, rehabilitation, and
regulatory compliance for dam safety relating to Full Moon
Dam and related infrastructure, including Full Moon Ditch and
Reservoir Number 10;
(B) to maintain the Federal land in perpetuity as open
space, to be held open—
(i) for public access for recreational activities,
including fishing, except as reasonably necessary for public
safety, resource protection, emergency response, or the
operation, maintenance, repair, replacement, or
rehabilitation of Full Moon Dam, Crystal Reservoir, or
related infrastructure; and
(ii) not subject to any fee for recreational access;
(C) not to conduct on the Federal land any development,
commercial operations, or construction, other than for
improved public access for recreational activities or as
needed for the operation, maintenance, repair, replacement,
rehabilitation, public safety, and regulatory compliance for
dam safety of Full Moon Dam, Crystal Reservoir, and related
infrastructure, including Full Moon Ditch and Reservoir
Number 10; and
(D) not to expand the surface footprint of Crystal
Reservoir at normal operating levels (as depicted on the Map)
in a manner that would flood, impair, or harm any wetlands
located upstream of the Federal land, subject to the
condition that deepening Crystal Reservoir in a manner
consistent with the water rights of the City shall otherwise
be allowed.
(2) Necessary action agreement.—The conveyance under
subsection (b) shall be made subject to terms agreed to by
the Secretary and the City that authorize the City to take
such action on the easements described in subsection
(c)(2)(B) as the City determines is reasonable and necessary
for—
(A) public safety;
(B) emergency response; or
(C) the operation, maintenance, repair, replacement, or
rehabilitation by the City of Full Moon Dam, Crystal
Reservoir, or related infrastructure.
(3) Other terms and conditions.—Consistent with this Act,
the conveyance under subsection (b) shall be subject to such
other terms and conditions as the Secretary determines to be
appropriate.
(4) Reversionary interest.—
(A) Written notice.—If the Federal land conveyed under
subsection (b) ceases to be used in accordance with the terms
and conditions under this subsection the Secretary shall
submit to the City written notice with respect to such use.
(B) Reversion.—After the 90-day period beginning on the
date written notice is submitted to the City under
subparagraph (A), if the Federal land conveyed under
subsection (b) continues to be used in a manner not in
accordance
with the terms and conditions under this subsection during
such period, the Federal land shall revert to the United
States, at the discretion of the Secretary, if the Secretary
determines that reversion is in the best interest of the
United States.
(f) Easement.—
(1) In general.—After the conveyance under subsection (b),
the Secretary—
(A) shall recognize a perpetual easement for the Red
Mountain Ditch for use by the City—
(i) for the purposes relating to the Ditch specified in the
decrees entitled “Case No. 1751-B” and “Case No.
2013CW3040” for the State of Colorado, including the
diversion and delivery of water (not to exceed 6 cubic feet
per second) for storage in Crystal Reservoir and subsequent
beneficial use; and
(ii) to access, operate, maintain, repair, replace, or
improve the Ditch and its appurtenances for such purposes;
and
(B) may require temporary special use authorizations for
non-routine maintenance and repairs of Red Mountain Ditch or
for the replacement or improvement of the Ditch.
(2) Red mountain ditch defined.—In this subsection, the
term “Red Mountain Ditch” means the Ditch known as Red
Mountain Ditch constructed in or about 1945 located, as of
the date of the enactment of this Act, on lands administered
by the San Juan National Forest and the Grand Mesa,
Uncompahgre, and Gunnison National Forest, in Section 14,
Township 42 North, Range 8 West, New Mexico Principal
Meridian.
(g) Water Rights.—After the conveyance under subsection
(b), the City may use water in Crystal Reservoir for any
beneficial use consistent with applicable water right decrees
or temporary administrative approvals obtained by or for the
City, subject to applicable water laws of the State of
Colorado.
(h) Map and Legal Description.—
(1) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the Map
and a legal description of the Federal land to be conveyed
under subsection (b).
(2) Corrections.—The Secretary and the City, by mutual
agreement, may correct any clerical or typographical errors
in the Map or legal description under paragraph (1).
(3) Map on file.—The Map and legal description under
paragraph (1) shall be on file and available for public
inspection in each appropriate office of the Forest Service.
Mr. CRAPO. Mr. President, I further ask that the committee-reported substitute amendments be agreed to; that the bills, as amended, be considered read a third time and passed; and that the motions to reconsider be considered made and laid upon the table with no intervening action or debate, all en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 2498), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed.
The bill (S. 2754), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed.
The PRESIDING OFFICER. The Senator from Nevada.
Unanimous Consent Request—S. Res. 898
Ms. ROSEN. Mr. President, today I rise to speak up about Donald Trump's reckless trade war against Canada and the impact it is having on my State of Nevada.
down, prices are up, and Canada is suddenly rethinking its relationship with our country. Let me tell you why this matters to my State.
Canada is the No. 1 source of international visitors to Las Vegas. In 2024, nearly 1.5 million Canadians visited Nevada. It helped boost our tourism economy and the small businesses that depend on it. And Canada is also one of Nevada's top trading partners.
In fact, Nevada exports approximately $1.6 billion worth of goods to Canada. So think about this: $1.6 billion of revenue coming to businesses in my State of Nevada to further contribute to our economy. And this is exactly why a good, healthy relationship between Canada and the United States is important for Nevada and Nevada's economy, Nevada's families.
relationship with Canada. He is hurting Nevada families. He is hurting Nevada businesses along the way.
White House was beginning a reckless and erratic trade war that has resulted in higher prices for American businesses, American families, for all of us, every single one of us.
with higher rates on products like building materials, brand-name prescription drugs, alcohol, and paper products.
home builders paying more for materials. These costs not only make it impossible for our business owners to plan ahead, but then they get passed on to families.
authority. I want to emphasize this: never-before-used trade authority to target Canada, applying 50-percent tariffs on a wide array of Canadian goods.
Remember the $1.6 billion in Nevada goods that we export to Canada? Well, that number is going to be reduced because of these retaliatory tariffs.
gone into effect, restricting Americans' freedom—restricting our freedom—to buy what we want to buy and making all of our prices go up.
one side of the story of Trump's hostilities toward Canada. Trump's childish attacks on Canada included threats to annex it as the United States' 51 State; its references to the Canadian Prime Minister as “Governor”; Trump has tried to rename Lake Ontario to “Lake America.” Trump even canceled trade negotiations because a Canadian television ad hurt his feelings.
After a year and a half of this nonsense, where has Trump gotten us? Well, I can tell you where, because last year, Canadian tourism to Las Vegas declined by 17 percent—you got that right, 17 percent. This contributed to an overall decline in tourism that made 2025 the worst nonpandemic drop in visitation for Las Vegas since we began tracking data.
When we see a decline like this, it isn't just a data point for us. Hospitality employs nearly a third of all workers in Nevada. So this means fewer guests in our hotel rooms, which leads to fewer shifts for housekeepers. It means fewer visits to our restaurants and less tip money for our servers and bartenders. It trickles down to less money for all of the hospitality workers and when they go home to the neighborhoods they live in, less money they can spend there.
It is not only Nevada that is feeling this. According to the Canadian Government's own data, total spending by Canadians in the United States declined by over $3 billion. Canadians themselves are pointing to Trump's hostility as a reason for this decline. They are still traveling and spending money—Canadians are; they are just not coming to the United States. And this situation was 100 percent avoidable. None of this had to happen.
So no one can argue with the facts. Tourism is down because of Trump's trade war with Canada. Less money is being invested in our economy, and our small businesses are struggling to navigate expensive and constantly—constantly—changing conditions.
the sense of the Senate that Trump's trade war against Canada must end. It must end to get our economy and the relationship with our northern neighbor back on track. I hope my colleagues look at the facts and agree.
unanimous consent that the Committee on Finance be discharged from further consideration of S. Res. 898 and the Senate proceed to its immediate consideration; further, that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.
The PRESIDING OFFICER. Is there objection?
The Senator from Idaho.
Mr. CRAPO. Mr. President, this is not the first time, nor do I believe it will be the last. There have been multiple—and I mean multiple—efforts by my colleagues on the Democrat side to bypass regular order in the Senate and pass legislation without it being vetted as it properly should.
Canada is
one, have worked very hard during my career to make sure we have strong relations with Canada. But Canada is engaged in tariff and nontariff trade barriers against the United States that President Trump is trying to resolve. Think lumber. Think timber. If we can simply get fair trade with Canada on these issues, we can resolve them.
entire Senate process of developing legislation is not the approach. As chairman of the Finance Committee, which is the appropriate forum in which this debate on our trade policy should be held, I object to this unanimous consent request.
I yield the floor.
The PRESIDING OFFICER. The objection is heard.
The PRESIDING OFFICER (Mr. Moreno). The Senator from Iowa.
Unanimous Consent Request—S. 4952
Ms. ERNST. Mr. President, while hard-working Americans are struggling to afford basic necessities, there is one class of people who have never had it better: fraudsters. Scammers are stealing more than $1.4 billion from taxpayers every day.
billed government programs for $1 billion or more. These billionaire bandits looted programs for the elderly, poor, disabled, and veterans to lavish themselves with million-dollar mansions, Rolex watches, expensive jewelry, and luxury cars.
One fraudster brags:
I had everything. I had houses, I had cars, I had watches.
It's just so easy. It's unbelievable.
Based upon the numbers, he isn't lying. If grift were a government Agency, the “Department of Fraud” would be the fifth largest. The $521 billion going to fraud every year exceeds the individual annual budgets of the Departments of Veterans Affairs, Agriculture, Transportation, Homeland Security, State, and Justice.
Fraud is not a victimless crime, either. In fact, it has far-reaching consequences. We have learned that taxpayer dollars stolen from the U.S. Small Business Administration financed the assassination—yes, you heard it right—the assassination of Haiti's President in 2021. A team of Colombian mercenaries and their pistols, rifles, and tactical gear were all paid for with the support of $840,000 fraudulently obtained from the Small Business Administration. The political instability resulting from the assassination forced hundreds of thousands of Haitians to flee their nation, taking refuge in the United States. The Biden administration provided many of these migrants with food stamps and medical care—also paid for by American taxpayers.
by scammers who used it to fraudulently bill for hospice care. When she sought physical therapy for an injury, Medicare denied her coverage because she was listed as dying in hospice.
Think about that. The same government Agency that wouldn't provide her with the healthcare she was promised approved and paid for bogus medical bills submitted by scammers using her information.
care, not to make billionaires out of fraudsters. Yet the identities and personal information of more than 1 million Americans have been stolen by Medicare mobsters to file phony healthcare claims.
One illegal alien submitted at least $1.3 billion in fraudulent claims to Medicare and other health insurers, over just 6 months, using stolen identities. He laundered millions of the stolen tax dollars overseas to the Russian mob before some of his victims alerted Medicare that they were receiving notices for care and items they did not receive prescribed by doctors they had not visited.
used foreign call centers to submit bogus bills. He treated programs meant to care for the elderly, veterans, and servicemembers like his own personal cash register.
absolutely endless, but the public's patience is not. According to the latest Gallup poll, 9 out of 10 Americans say government corruption is widespread. That is a record high number.
We owe it to all Americans to stop the government grift. My Protecting American Taxpayers Act would do just that by stopping government Agencies from handing out quick cash with no questions asked, triggering automatic investigations when there are sudden and suspicious spikes in payment claims, banning convicted fraudsters from receiving taxpayer dollars, taking back the money that was already stolen, and sending those darn scammers to the slammer.
If enacted, this bill could save $240 billion. That is billion with a “b,” folks.
The choice is quite simple. Give the money to the fraudsters or return it to the taxpayers. What would really be criminal is if the Senate left town today without passing this meaningful legislation to eliminate fraud.
unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 452, S. 4952. I further ask that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Is there objection?
The Senator from Oregon.
Mr. WYDEN. Mr. President, reserving the right to object, every bit— every bit—of real fraud needs to be rooted out. Unfortunately, the Trump fraud policy is not about that.
make a habit out of calling any Federal policy they don't like “undeserving fraud": Medicaid, fraudulent; Affordable Care Act coverage, fraudulent; SNAP, fraudulent; childcare, fraudulent; Social Security, fraudulent; kids with disabilities who need Medicaid for home care, fraudsters; small business owners with ACA plans, fraudsters; families who need help paying for groceries, fraudsters; working parents who need childcare, fraudsters; seniors living paycheck to paycheck, fraudsters.
and medical care. The Republican solution to these challenges is to create more hoops, more redtape, more cuts. The result is more pain and suffering for Americans in need and higher costs for families.
Chairman Crapo, the senior Senator from Iowa, and Senator Cortez Masto that provides a sustainable funding boost to the cops on the beat at the Office of Inspector General at HHS. This organization is so good at what it does that it recovers up to $12 in fraud for every $1 spent on resources. My view is that is a no-brainer.
violations, and power grabs for Trump's false-flag schemes on fraud. It is nothing more than a veiled attempt to make life harder for the working families that I was just talking about, who need help with the rising costs of healthcare, childcare, and more.
childcare provider's payments increase by 10 percent or more in a 6- month period. That increase could be triggered for reasonable situations: The provider is simply serving more kids, serving kids with disabilities, or creating more slots for infants.
enrollment or care for more infants, would deter many providers from expanding their services, making it even more difficult for families to afford good healthcare and childcare.
fraud. It would make it harder and more expensive for families to get the care and support they need.
focused on going after the greatest source of fraud: sophisticated corporations and the ultrarich using well-heeled lawyers and accountants to flout the Federal laws to avoid paying what they owe or bilking billions from taxpayers.
For those reasons, I object.
The PRESIDING OFFICER. The objection is heard.
The Senator from Iowa.
Ms. ERNST. Mr. President, I am sorely disappointed today that we were not able to pass this commonsense legislation. And we have seen, time and time again, actual examples being put forth in this body to demonstrate the grift of these scammers.
legislation—a package of bills that has passed through many of the various committees here in the U.S. Senate—again, a bipartisan package that stops the grift and the scamming of the Federal Government.
of me, in the Small Business Committee, a woman that came from Minnesota. She started off her testimony by saying: I am a Democrat, but I can't stand by idly and watch as money is flowing out the door to the grifters.
She gave very powerful testimony. She worked for the State government, and she saw the rampant fraud that was happening in Minnesota. She raised it to her supervisor. She raised the issue to those in charge, and she was told to be quiet and not question what was going on. It eventually led to her firing. But the problem was—and she brought it forward.
abuse. Their family relied on those dollars for their support and yet, as a grown adult, she saw scammers taking advantage of those programs that are meant for the elderly, for the veterans, for those that are struggling to break free from poverty. And what happened to her? She was fired.
programs. For everyone enrolling in those programs, we should check to make sure that they do qualify and meet Federal law and regulations.
this, again, a bipartisan package of bills meant to save our taxpayer dollars for people that are truly vulnerable. I am sorely disappointed.
I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Unanimous Consent Request—S. 4591
Mrs. BLACKBURN. Mr. President, I come to the floor today to seek unanimous consent to pass Senator Coons' and my bipartisan legislation, the NO FAKES Act.
and visual likeness of creators and all Americans. It would protect them from the proliferation of harmful, AI-generated deepfakes that are created without their consent. From artists and songwriters to students and everyday citizens, our Nation deserves meaningful protections against these harmful deepfakes. Our bill would establish clear guardrails that protect our creators in Tennessee and across the entire country.
every American's voice and visual likeness, we also provide for a clear notice-and-takedown framework, as well as safe harbor provisions for companies that comply. These provisions ensure that when a platform receives proper notice of a deepfake, that platform must promptly remove or disable access to the harmful content. If they promptly remove the content, they won't face liability under the bill.
this bill. For example, we have excluded commentary, criticism, scholarship, satire, and parody content from being removed, as well as news and sports broadcast material.
uses for AI, which is why it has received endorsements from a wide range of stakeholders, including record labels, streaming platforms, AI companies, musical artists, and organizations involved in protecting our children and protecting dignity.
At this point, I yield to my colleague for his comments.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. COONS. Mr. President, I would like to start by thanking my colleague from the State of Tennessee.
in a way never previously thought possible. In the next 5 minutes, I could generate a brief film in which a colleague, say, from the State of Texas is the hero of a major football game or a colleague from the State of Tennessee is performing what is otherwise known as one of Elvis Presley's landmark pieces of music.
We each do have a right in what makes us “us” in our voices, in our images, and in the property rights that attach to our likenesses.
the creative community, with platforms, with studios, and with a lot of different interest groups, including First Amendment and civil rights advocates.
right to allow not just celebrities and famous Americans but all Americans to control their digital revenue. As my colleague just said, it creates a takedown system to allow you to promptly enforce those rights if you believe that a platform has wrongfully put it up and a prompt counter-notice process to allow you to have it taken down if the rights holder or the platform decides that it violates some fundamental right like the First Amendment. There are key and explicit protections for free speech, for parody, for satire, for documentaries, for newscasts, and for bio-pics.
serious. I want to thank my chief counsel, James Barton, and I want to thank my colleague and her staff for their tireless work to first secure the support of the movie and music industries—the actors, singers, songwriters, performers—to secure the commitment and engagement of online platforms, like YouTube and TikTok; to get AI companies, like OpenAI and IBM, on board; and to get organized labor and child safety groups on board.
vote, and it has 14 bipartisan cosponsors. It is my hope that we will be able to pass this today in recognition of the hard work of my colleague from Tennessee and our cosponsors, Senator Tillis and Senator Klobuchar.
With that, I yield the floor to my colleague from Tennessee.
Mrs. BLACKBURN. I thank my colleague for his consistent work on this.
He is so right. This has been something that we have worked on for years, and it is the result of so much bipartisan work and negotiation in explicitly putting in protections for free speech.
Mr. President, notwithstanding rule XXII and as in legislative session, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 446, S. 4591. Further, I ask unanimous consent that the committee-reported substitute amendment be agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Is there objection?
The Senator from Texas.
Mr. CRUZ. Mr. President, reserving the right to object, I want to start by commending my colleagues and friends, Senator Blackburn and Senator Coons. They both are sincere and passionate about this bill, and they both worked hard. They worked a long time to protect artists and to protect creators, and I support that endeavor wholeheartedly. I want to see this bill pass.
expressed, at the time, that I wanted to see the bill pass. But I also said in the Senate Judiciary Committee that I was concerned that there were not sufficient free speech protections in the draft of the bill, as written, and that free speech parody and political parody needed to be more fully protected. There is a difference between stealing a country music star's voice and using it for commercial purposes and engaging in political parody.
fantastic ads—made using AI—that parodied his political opponents. They were funny; they were effective. I don't think anyone watching thought Karen Bass was actually a Batman villain from the “Lego” movies, but people laughed, and they shared them, and they were effective communication.
Likewise, President Trump has used AI for political communication. I don't think anyone really believes that there was a flock of Canadian geese marching with machineguns. But, again, it was a powerful communication tool.
with both Senator Blackburn and Senator Coons to enhance the free speech protections so you are protecting legitimate free speech while going after the theft of someone's right of publicity.
it would apply to satirical websites like the Babylon Bee or The Onion, and it leaves the decision as to whether someone's use of a likeness falls within the exception—it creates an exception for what it calls bona fide parody, but it leaves it to Big Tech to make the decision as to whether it falls in that exception or not.
is not idle speculation. In fact, California lawmakers have already suggested that Pratt's viral campaign ads could violate State deepfake rules. That, I think, is a real problem.
against strong legislation that stops deepfakes. Indeed, I am the author, along with Senator Klobuchar, of the only legislation Congress has passed regulating AI and prohibiting deepfakes, the TAKE IT DOWN law. I think that illustrates the sort of approach we should have in targeting a specific problem—in that instance, publishing explicit, nonconsensual, intimate images, either real or deepfakes. That is now a Federal felony, and there is now an obligation on tech platforms to remove that content.
So I will repeat to my friends the commitment I made at markup: I am happy to work with you. I want this bill to pass, and I will suggest: Let's take the next few weeks to have our staff work together to strengthen the free speech protections. Then we can come back here and pass this into law while fully protecting free speech.
At least as of now, though, I object.
The PRESIDING OFFICER. The objection is heard.
The Senator from Tennessee.
Mrs. BLACKBURN. Mr. President, it has been disappointing that the Senator's staff chose not to accept the very language that he was wanting to see. We accepted that into the bill.
May I read to you:
[It]is . . . consistent with the public interest in bona
fide commentary (including political commentary).
images in political commentary in a nonharmful way, that is in there:
(. . . political commentary), criticism, scholarship, satire,
or parody; or . . . is used in a manner that is protected by
the First Amendment to the Constitution of the United States.
That is language that is there.
So, if he is wanting to do that, that language has been offered. He can solve this right now by putting his John Henry right there on that language.
impersonation. If it is the physical world, you are not allowed to impersonate somebody to defraud them; with the intent to defraud or defame; with the intent to deceive people; with the intent to create a false identity. It is a felony. It is a felony. The problem is that it is not applied to the virtual space. There is a difference there. But you try to protect people in the virtual space and, all of a sudden, people want to say “free speech.”
So I would ask my colleagues: Are you opposed to any of the State laws that make it a felony offense to impersonate a person? Go to the bank. Drain their account. Show up at a place of employment, impersonating them.
Try to grab their retirement account. Oh, there are laws for that. But, no, you can scam somebody all day long online and get by with it. You can actually show people, as my colleague from Delaware said, in different situations, doing different things, and they have no right— no right—to protect their name, their image, their voice in the virtual space.
I will contend that I disagree with my colleague from Texas. We have tried to work with his staff. We have tried to work with him.
The NO FAKES Act does not chill First Amendment protected speech. We have worked with First Amendment legal experts in drafting the bill, and we are confident that it is First Amendment compliant. We have even doubled down on this language.
statutory protection against the misappropriation of a person's name, voice, or likeness, and those statutes have been upheld.
to make decisions regarding First Amendment jurisprudence, not platforms. The platforms, thus, are not the arbiters for making First Amendment decisions. This is really helpful in preventing censorship of conservative speech online.
categories of speech—including news, public affairs, sports broadcasts, documentaries, biopics, commentary, including political commentary, criticism, scholarship, satire, and parody. This protects more than the First Amendment and much more than the only Supreme Court case on this subject, Zacchini v. Scripps.
protected speech, they can submit a counternotice triggering judicial review within 14 days if the victim wants the material to stay down; otherwise, the content can go right back up. This ensures that any protected speech that is removed based on a notice stays down for a very short time while preventing platforms from engaging in censorship.
this right. We have gotten it right. The protections that my colleague from Texas wanted to see included in the bill are there.
President's desk to make certain that every American knows their name, their image, their likeness, their voice cannot be used in the virtual space for deception, for fraud, for personal harm.
I yield the floor.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. COONS. Mr. President, if I might just briefly conclude my comments on the same matter. I look forward to working closely with my colleague from Texas and my colleague from Tennessee to find compromise that allows us to move this bill forward. It is one of the most ready- for-enactment, defined, complete bills in the AI space that creates a new intellectual property right for all Americans. We should not let the perfect be the enemy of the good.
to make sure that the notice and takedown process is set in terms of its incentives such that it leans towards protecting political satire and other forms of free speech, and I very much look
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas.