[Congressional Record Volume 168, Number 178 (Thursday, November 17, 2022)]
[Senate]
[Pages S6787-S6789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 6483. Mr. RUBIO (for himself, Mr. Lee, Mrs. Blackburn, and Mr. 
Cruz) submitted an amendment intended to be proposed to amendment SA 
6480 submitted by Ms. Baldwin (for herself, Ms. Collins, Mr. Portman, 
Ms. Sinema, and Mr. Tillis) and intended to be proposed to the bill 
H.R. 8404, to repeal the Defense of Marriage Act and ensure respect for 
State regulation of marriage, and for other purposes; which was ordered 
to lie on the table; as follows:

        Section 1738C of title 28, United States Code, as added by 
     section 4, is amended by striking subsections (c) and (d) and 
     inserting the following:
       ``(c) State Defined.--In this section, the term `State' has 
     the meaning given such term under section 7 of title 1.''.
                                 ______
                                 
  SA 6484. Mr. SCHUMER (for Mrs. Hyde-Smith) proposed an amendment to 
the resolution S. Res. 800, celebrating the 100th anniversary of the 
Mississippi Farm Bureau Federation; as follows:

       In the second clause of the preamble, strike ``lobbying'' 
     and insert ``advocacy''.
                                 ______
                                 
  SA 6485. Mr. SCHUMER (for Mr. Wicker) proposed an amendment to the 
bill H.R. 1437, to amend the Weather Research and Forecasting 
Innovation Act of 2017 to direct the National Oceanic and Atmospheric 
Administration to provide comprehensive and regularly updated Federal 
precipitation information, 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 ``Providing Research and 
     Estimates of Changes In Precipitation Act'' or the ``PRECIP 
     Act''.

     SEC. 2. AMENDMENT TO THE WEATHER RESEARCH AND FORECASTING 
                   INNOVATION ACT OF 2017 RELATING TO IMPROVING 
                   FEDERAL PRECIPITATION INFORMATION.

       (a) In General.--The Weather Research and Forecasting 
     Innovation Act of 2017 (15 U.S.C. 8501 et seq.) is amended by 
     adding at the end the following:

        ``TITLE VI--IMPROVING FEDERAL PRECIPITATION INFORMATION

     ``SEC. 601. STUDY ON PRECIPITATION ESTIMATION.

       ``(a) In General.--Not later than 90 days after the date of 
     enactment of the PRECIP Act, the Administrator, in 
     consultation with other Federal agencies as appropriate, 
     shall seek to enter an agreement with the National 
     Academies--
       ``(1) to conduct a study on the state of practice and 
     research needs for precipitation estimation, including 
     probable maximum precipitation estimation; and
       ``(2) to submit, not later than 24 months after the date on 
     which such agreement is finalized, to the Committee on 
     Science, Space, and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate, and make publicly available on 
     a website, a report on the results of the study under 
     paragraph (1).
       ``(b) Study.--The report under subsection (a) shall include 
     the following:
       ``(1) An examination of the current state of practice for 
     precipitation estimation at scales appropriate for 
     decisionmaker needs, and rationale for further evolution of 
     this field.
       ``(2) An evaluation of best practices for precipitation 
     estimation that are based on the best-available science, 
     include considerations of non-stationarity, and can be 
     utilized by the user community.
       ``(3) A framework for--
       ``(A) the development of a National Guidance Document for 
     estimating extreme precipitation in future conditions; and
       ``(B) evaluation of the strengths and challenges of the 
     full spectrum of approaches, including for probable maximum 
     precipitation studies.
       ``(4) A description of existing research needs in the field 
     of precipitation estimation in order to modernize current 
     methodologies and consider non-stationarity.
       ``(5) A description of in-situ, airborne, and space-based 
     observation requirements, that could enhance precipitation 
     estimation and development of models, including an 
     examination of the use of geographic information systems and 
     geospatial technology for integration, analysis, and 
     visualization of precipitation data.
       ``(6) A recommended plan for a Federal research and 
     development program, including specifications for costs, 
     timeframes, and responsible agencies for addressing 
     identified research needs.
       ``(7) An analysis of the respective roles in precipitation 
     estimation of various Federal agencies, academia, State, 
     tribal, territorial, and local governments, and other public 
     and private stakeholders.
       ``(8) Recommendations for data management to promote long-
     term needs such as enabling retrospective analyses and data 
     discoverability, interoperability, and reuse.
       ``(9) Recommendations for how data and services from the 
     entire enterprise can be best leveraged by the Federal 
     Government.
       ``(10) A description of non-Federal precipitation data, its 
     accessibility by the Federal Government, and ways for 
     National Oceanic and Atmospheric Administration to improve or 
     expand such datasets.
       ``(c) Authorization of Appropriations.--There is authorized 
     $1,500,000 to the National Oceanic and Atmospheric 
     Administration to carry out this study.

     ``SEC. 602. IMPROVING PROBABLE MAXIMUM PRECIPITATION 
                   ESTIMATES.

       ``(a) In General.--Not later than 90 days after the date on 
     which the National Academies makes public the report under 
     section 601, the Administrator, in consideration of the 
     report recommendations, shall consult with relevant partners, 
     including users of the data, on the development of a plan 
     to--
       ``(1) not later than 6 years after the completion of such 
     report and not less than every 10 years thereafter, update 
     probable maximum precipitation estimates for the United 
     States, such that each update considers non-stationarity;
       ``(2) coordinate with partners to conduct research in the 
     field of extreme precipitation estimation, in accordance with 
     the research needs identified in such report;
       ``(3) make publicly available, in a searchable, 
     interoperable format, all probable maximum precipitation 
     studies developed by the National Oceanic and Atmospheric 
     Administration that the Administrator has the legal right to 
     redistribute and deemed to be at an appropriate state of 
     development on an internet website of the National Oceanic 
     and Atmospheric Administration; and
       ``(4) ensure all probable maximum precipitation estimate 
     data, products, and supporting documentation and metadata 
     developed by the National Oceanic and Atmospheric 
     Administration are preserved, curated, and served by the 
     National Oceanic and Atmospheric Administration, as 
     appropriate.
       ``(b) National Guidance Document for the Development of 
     Probable Maximum Precipitation Estimates.--The Administrator, 
     in collaboration with Federal agencies, State, territorial, 
     Tribal and local governments, academia, and other partners 
     the Administrator deems appropriate, shall develop a National 
     Guidance Document that--
       ``(1) provides best practices that can be followed by 
     Federal and State regulatory agencies, private meteorological 
     consultants, and

[[Page S6788]]

     other users that perform probable maximum precipitation 
     studies;
       ``(2) considers the recommendations provided in the 
     National Academies study under section 601;
       ``(3) facilitates review of probable maximum precipitation 
     studies by regulatory agencies; and
       ``(4) provides confidence in regional and site-specific 
     probable maximum precipitation estimates.
       ``(c) Publication.--Not later than 2 years after the date 
     on which the National Academies makes public the report under 
     section 601, the Administrator shall make publicly available 
     the National Guidance Document under subsection (b) on an 
     internet website of the National Oceanic and Atmospheric 
     Administration.
       ``(d) Updates.--The Administrator shall update the National 
     Guidance Document not less than once every 10 years after the 
     publication of the National Guidance Document under 
     subsection (c) and publish such updates in accordance with 
     such subsection.
       ``(e) Funding.--Amounts available to carry out this section 
     may only come from within amounts authorized to be 
     appropriated to the Administrator.

     ``SEC. 603. DEFINITIONS.

       `` In this title:
       ``(1) Administrator.--The term `Administrator' means the 
     Under Secretary of Commerce for Oceans and Atmosphere and 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) National academies.--The term `National Academies' 
     means the National Academies of Sciences, Engineering, and 
     Medicine.
       ``(3) United states.--The term `United States' means, 
     collectively, each State of the United States, the District 
     of Columbia, the Commonwealth of Puerto Rico, American Samoa, 
     Guam, the Commonwealth of the Northern Mariana Islands, the 
     Virgin Islands of the United States, and any other territory 
     or possession of the United States.''.
       (b) Conforming Amendment.--Section 1(b) of the Weather 
     Research and Forecasting Innovation Act of 2017 (15 U.S.C. 
     8501 note) is amended in the table of contents by adding at 
     the end the following:

        ``TITLE VI--IMPROVING FEDERAL PRECIPITATION INFORMATION

``Sec. 601. Study on precipitation estimation.
``Sec. 602. Improving probable maximum precipitation estimates.
``Sec. 603. Definitions.''.
                                 ______
                                 
  SA 6486. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 6480 submitted by Ms. Baldwin (for herself, Ms. 
Collins, Mr. Portman, Ms. Sinema, and Mr. Tillis) and intended to be 
proposed to the bill H.R. 8404, to repeal the Defense of Marriage Act 
and ensure respect for State regulation of marriage, and for other 
purposes; which was ordered to lie on the table; as follows:

        On page 3, beginning on line 3, strike ``No person acting 
     under color of State law'' and insert ``No State, territory 
     or possession of the United States, or Indian Tribe''
       On page 3, line 17, strike ``person'' and insert ``State, 
     territory or possession of the United States, or Indian 
     Tribe''.
       On page 3, strike lines 19 through 23.
       On page 5, strike line 20 and all that follows through page 
     6, line 3, and insert the following:
       (a) No Impact on Benefits, Status, or Rights.--Nothing in 
     this Act, or any amendment made by this Act, shall be 
     construed to deny or alter any benefit, status, or right of 
     any entity or person, including tax-exempt status, tax 
     treatment, educational funding, or a grant, contract, 
     agreement, guarantee, loan, scholarship, license, 
     certification, accreditation, claim, or defense, provided 
     such benefit, status, or right does not arise from a 
     marriage, or based in whole or in part on the belief, 
     practice, or observance, of the entity or person about 
     marriage.
       On page 6, between lines 8 and 9, insert the following:
       (c) No Impact From Partnerships.--For purposes of this Act, 
     and any amendment made by this Act, no faith-based 
     organization shall be considered to be a government actor 
     because the organization entered into a partnership with a 
     government.
                                 ______
                                 
  SA 6487. Mr. SCHUMER (for Ms. Baldwin (for herself, Ms. Collins, Mr. 
Portman, Ms. Sinema, Mr. Tillis, and Ms. Lummis)) proposed an amendment 
to the bill H.R. 8404, to repeal the Defense of Marriage Act and ensure 
respect for State regulation of marriage, 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 ``Respect for Marriage Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) No union is more profound than marriage, for it 
     embodies the highest ideals of love, fidelity, devotion, 
     sacrifice, and family.
       (2) Diverse beliefs about the role of gender in marriage 
     are held by reasonable and sincere people based on decent and 
     honorable religious or philosophical premises. Therefore, 
     Congress affirms that such people and their diverse beliefs 
     are due proper respect.
       (3) Millions of people, including interracial and same-sex 
     couples, have entered into marriages and have enjoyed the 
     rights and privileges associated with marriage. Couples 
     joining in marriage deserve to have the dignity, stability, 
     and ongoing protection that marriage affords to families and 
     children.

     SEC. 3. REPEAL OF SECTION ADDED TO TITLE 28, UNITED STATES 
                   CODE, BY SECTION 2 OF THE DEFENSE OF MARRIAGE 
                   ACT.

       Section 1738C of title 28, United States Code, is repealed.

     SEC. 4. FULL FAITH AND CREDIT GIVEN TO MARRIAGE EQUALITY.

       Chapter 115 of title 28, United States Code, as amended by 
     this Act, is further amended by inserting after section 1738B 
     the following:

     ``Sec. 1738C. Certain acts, records, and proceedings and the 
       effect thereof

       ``(a) In General.--No person acting under color of State 
     law may deny--
       ``(1) full faith and credit to any public act, record, or 
     judicial proceeding of any other State pertaining to a 
     marriage between 2 individuals, on the basis of the sex, 
     race, ethnicity, or national origin of those individuals; or
       ``(2) a right or claim arising from such a marriage on the 
     basis that such marriage would not be recognized under the 
     law of that State on the basis of the sex, race, ethnicity, 
     or national origin of those individuals.
       ``(b) Enforcement by Attorney General.--The Attorney 
     General may bring a civil action in the appropriate United 
     States district court against any person who violates 
     subsection (a) for declaratory and injunctive relief.
       ``(c) Private Right of Action.--Any person who is harmed by 
     a violation of subsection (a) may bring a civil action in the 
     appropriate United States district court against the person 
     who violated such subsection for declaratory and injunctive 
     relief.
       ``(d) State Defined.--In this section, the term `State' has 
     the meaning given such term under section 7 of title 1.''.

     SEC. 5. MARRIAGE RECOGNITION.

       Section 7 of title 1, United States Code, is amended to 
     read as follows:

     ``Sec. 7. Marriage

       ``(a) For the purposes of any Federal law, rule, or 
     regulation in which marital status is a factor, an individual 
     shall be considered married if that individual's marriage is 
     between 2 individuals and is valid in the State where the 
     marriage was entered into or, in the case of a marriage 
     entered into outside any State, if the marriage is between 2 
     individuals and is valid in the place where entered into and 
     the marriage could have been entered into in a State.
       ``(b) In this section, the term `State' means a State, the 
     District of Columbia, the Commonwealth of Puerto Rico, or any 
     other territory or possession of the United States.
       ``(c) For purposes of subsection (a), in determining 
     whether a marriage is valid in a State or the place where 
     entered into, if outside of any State, only the law of the 
     jurisdiction applicable at the time the marriage was entered 
     into may be considered.''.

     SEC. 6. NO IMPACT ON RELIGIOUS LIBERTY AND CONSCIENCE.

       (a) In General.--Nothing in this Act, or any amendment made 
     by this Act, shall be construed to diminish or abrogate a 
     religious liberty or conscience protection otherwise 
     available to an individual or organization under the 
     Constitution of the United States or Federal law.
       (b) Goods or Services.--Consistent with the First Amendment 
     to the Constitution, nonprofit religious organizations, 
     including churches, mosques, synagogues, temples, 
     nondenominational ministries, interdenominational and 
     ecumenical organizations, mission organizations, faith-based 
     social agencies, religious educational institutions, and 
     nonprofit entities whose principal purpose is the study, 
     practice, or advancement of religion, and any employee of 
     such an organization, shall not be required to provide 
     services, accommodations, advantages, facilities, goods, or 
     privileges for the solemnization or celebration of a 
     marriage. Any refusal under this subsection to provide such 
     services, accommodations, advantages, facilities, goods, or 
     privileges shall not create any civil claim or cause of 
     action.

     SEC. 7. STATUTORY PROHIBITION.

       (a) No Impact on Status and Benefits Not Arising From a 
     Marriage.--Nothing in this Act, or any amendment made by this 
     Act, shall be construed to deny or alter any benefit, status, 
     or right of an otherwise eligible entity or person which does 
     not arise from a marriage, including tax-exempt status, tax 
     treatment, educational funding, or a grant, contract, 
     agreement, guarantee, loan, scholarship, license, 
     certification, accreditation, claim, or defense.
       (b) No Federal Recognition of Polygamous Marriages.--
     Nothing in this Act, or any amendment made by this Act, shall 
     be construed to require or authorize Federal recognition of 
     marriages between more than 2 individuals.

     SEC. 8. SEVERABILITY.

       If any provision of this Act, or any amendment made by this 
     Act, or the application of such provision to any person, 
     entity, government, or circumstance, is held to be 
     unconstitutional, the remainder of this Act, or any amendment 
     made thereby, or the application of such provision to all 
     other persons, entities, governments, or circumstances, shall 
     not be affected thereby.

[[Page S6789]]

  

                                 ______
                                 
  SA 6488. Mr. SCHUMER proposed an amendment to amendment SA 6487 
proposed by Mr. Schumer (for Ms. Baldwin (for herself, Ms. Collins, Mr. 
Portman, Ms. Sinema, Mr. Tillis, and Ms. Lummis)) to the bill H.R. 
8404, to repeal the Defense of Marriage Act and ensure respect for 
State regulation of marriage, and for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 6489. Mr. SCHUMER proposed an amendment to amendment SA 6488 
proposed by Mr. Schumer to the amendment SA 6487 proposed by Mr. 
Schumer (for Ms. Baldwin (for herself, Ms. Collins, Mr. Portman, Ms. 
Sinema, Mr. Tillis, and Ms. Lummis)) to the bill H.R. 8404, to repeal 
the Defense of Marriage Act and ensure respect for State regulation of 
marriage, and for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       On page 1, line 3, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 6490. Mr. SCHUMER proposed an amendment to the bill H.R. 8404, to 
repeal the Defense of Marriage Act and ensure respect for State 
regulation of marriage, and for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 5 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 6491. Mr. SCHUMER proposed an amendment to amendment SA 6490 
proposed by Mr. Schumer to the bill H.R. 8404, to repeal the Defense of 
Marriage Act and ensure respect for State regulation of marriage, and 
for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       On page 1, line 3, strike ``5 days'' and insert ``6 days''.
                                 ______
                                 
  SA 6492. Mr. SCHUMER proposed an amendment to amendment SA 6491 
proposed by Mr. Schumer to the amendment SA 6490 proposed by Mr. 
Schumer to the bill H.R. 8404, to repeal the Defense of Marriage Act 
and ensure respect for State regulation of marriage, and for other 
purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       On page 1, line 3, strike ``6 day'' and insert ``7 days''.

                          ____________________