[Congressional Record Volume 168, Number 194 (Wednesday, December 14, 2022)]
[Senate]
[Pages S7203-S7205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 6520. Mr. RUBIO (for himself and Mr. Scott of Florida) submitted 
an amendment intended to be proposed by him to the bill H.R. 7776, to 
provide for improvements to the rivers and harbors of the United 
States, to provide for the conservation and development of water and 
related resources, and for other purposes; which was ordered to lie on 
the table; as follows:

       In section 5946(b)(3), strike ``A person'' and insert ``A 
     person may possess, acquire, receive, transport, offer for 
     sale, sell, or purchase a shark fin or a product containing a 
     shark fin of a shark species that, on the date of the 
     possession, acquisition, receipt, transport, offer for sale, 
     sale, or purchase, was permitted to be harvested under a 
     fishery management plan or plan amendment approved by the 
     Secretary of Commerce under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.). In 
     addition, a person''.
                                 ______
                                 
  SA 6521. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill H.R. 7776, to provide for improvements to the rivers 
and harbors of the United States, to provide for the conservation and 
development of water and related resources, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of subtitle J of title V, insert the following:

     SEC. 599C. PROHIBITION ON CONSIDERING STATE LAWS AND 
                   REGULATIONS WHEN DETERMINING INDIVIDUAL DUTY 
                   ASSIGNMENTS.

       The Secretary of Defense may not use the agreement or 
     disagreement of a member of the Armed Forces with the State 
     laws and regulations applicable to any duty station when 
     determining the duty assignment of the member.
                                 ______
                                 
  SA 6522. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill H.R. 7776, to provide for improvements to the rivers 
and harbors of the United States, to provide for the conservation and 
development of water and related resources, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place in subtitle G of title X of 
     division A, insert the following:

     SEC. 10__. PROTECT CAMP LEJEUNE VETS.

       (a) Short Title.--This section may be cited as the 
     ``Protect Camp Lejeune Victims Ensnared by Trial-lawyer's 
     Scams Act'' or the ``Protect Camp Lejeune VETS Act''.
       (b) Attorneys Fees in Federal Cause of Action Relating to 
     Water at Camp Lejeune, North Carolina.--The Camp Lejeune 
     Justice Act of 2022 (28 U.S.C. 2671 note prec.) is amended--
       (1) by redesignating subsections (h), (i), and (j) as 
     subsections (i), (j), and (k), respectively; and
       (2) by inserting after subsection (g) the following:
       ``(h) Attorneys Fees.--
       ``(1) Limitations.--
       ``(A) General rule.--Notwithstanding any contract, the 
     attorney of an individual, or of the legal representative of 
     an individual, may not receive, for services rendered in 
     connection with an action filed under subsection (b) or any 
     administrative action relating to such an action (as 
     described in section 2675 of title 28, United States Code) 
     (in this subsection referred to as an `administrative 
     claim'), more than the percentage specified in paragraph (2) 
     of a payment made in the action.
       ``(B) Amount of payment determined after offset.--For 
     purposes of this subsection, the amount of the payment made 
     in an action shall be the amount of the payment after any 
     offsetting reduction under subsection (e)(2) is made.
       ``(C) Prohibition on ancillary fees.--Attorneys fees paid 
     in accordance with this subsection may not include any 
     ancillary fees.
       ``(2) Applicable percentage limitations.--The percentage 
     specified in this paragraph is--
       ``(A) 2 percent for an administrative claim with respect to 
     which a party entered a contract for services on or after 
     August 10, 2022; or
       ``(B) 10 percent for--
       ``(i) an administrative claim with respect to which a party 
     entered a contract for services before August 10, 2022;
       ``(ii) a resubmission of an administrative claim after the 
     denial of an initial administrative claim, without regard to 
     the date on which the party entered the applicable contract 
     for services; or
       ``(iii) a judgment rendered or settlement entered in an 
     action filed under subsection (b).
       ``(3) Penalty.--Any attorney who violates paragraph (1) 
     shall be fined not more than $5,000.
       ``(4) Terms for payment of fees.--Any judgment rendered, 
     settlement entered, or other award made with respect to an 
     action filed under subsection (b) or an administrative claim 
     shall provide that--
       ``(A) the Government may not pay attorneys fees to an 
     attorney directly; and
       ``(B) attorneys fees shall be payable to the attorney by an 
     individual, or legal representative of an individual, after 
     the individual or legal representative receives the amounts 
     payable under the judgment, settlement, or award.
       ``(5) Disclosure.--
       ``(A) In general.--Any judgment rendered, settlement 
     entered, or other award made with respect to an action filed 
     under subsection (b) or an administrative claim shall require 
     disclosure to the Attorney General or to the court of the 
     attorneys fees charged to an individual, or the legal 
     representative of an individual.
       ``(B) Reporting.--The Attorney General shall collect the 
     disclosures under subparagraph (A) of attorneys fees charged 
     and submit to Congress an annual report detailing--
       ``(i) the total amount paid under such judgments, 
     settlements, and awards;
       ``(ii) the total amount of attorney fees paid in connection 
     with such judgments, settlements, and awards; and
       ``(iii) for each such judgment, settlement, or award--

       ``(I) the name of the attorney for the individual or legal 
     representative of the individual;
       ``(II) if applicable, the law firm of the attorney; and
       ``(III) the amount of fees paid to the attorney.''.

       (c) Update of Regulations.--The Secretary of Veterans 
     Affairs shall amend section 14.636 of title 38, Code of 
     Federal Regulations, and any other relevant regulations, to 
     comply with the amendments made by subsection (b).
                                 ______
                                 
  SA 6523. Mr. SCHUMER (for Mr. Sullivan) proposed an amendment to the 
bill S. 3429, to establish an Alaska Salmon Research Task Force.; as 
follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Alaska Salmon Research Task 
     Force Act''.

     SEC. 2. PURPOSES.

        The purposes of this Act are--
       (1) to ensure that Pacific salmon trends in Alaska 
     regarding productivity and abundance are characterized and 
     that research needs are identified;
       (2) to prioritize scientific research needs for Pacific 
     salmon in Alaska;
       (3) to address the increased variability or decline in 
     Pacific salmon returns in Alaska by creating a coordinated 
     salmon research strategy; and
       (4) to support collaboration and coordination for Pacific 
     salmon conservation efforts in Alaska.

[[Page S7204]]

  


     SEC. 3. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) salmon are an essential part of Alaska's fisheries, 
     including subsistence, commercial, and recreational uses, and 
     there is an urgent need to better understand the freshwater 
     and marine biology and ecology of salmon, a migratory species 
     that crosses many borders, and for a coordinated salmon 
     research strategy to address salmon returns that are in 
     decline or experiencing increased variability;
       (2) salmon are an essential element for the well-being and 
     health of Alaskans; and
       (3) there is a unique relationship between people of 
     Indigenous heritage and the salmon they rely on for 
     subsistence and traditional and cultural practices.

     SEC. 4. ALASKA SALMON RESEARCH TASK FORCE.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Commerce, in 
     consultation with the Governor of Alaska, shall convene an 
     Alaska Salmon Research Task Force (referred to in this 
     section as the ``Research Task Force'') to--
       (1) review existing Pacific salmon research in Alaska;
       (2) identify applied research needed to better understand 
     the increased variability and declining salmon returns in 
     some regions of Alaska; and
       (3) support sustainable salmon runs in Alaska.
       (b) Composition and Appointment.--
       (1) In general.--The Research Task Force shall be composed 
     of not fewer than 13 and not more than 19 members, who shall 
     be appointed under paragraphs (2) and (3).
       (2) Appointment by secretary.--The Secretary of Commerce 
     shall appoint members to the Research Task Force as follows:
       (A) One representative from each of the following:
       (i) The National Oceanic and Atmospheric Administration who 
     is knowledgeable about salmon and salmon research efforts in 
     Alaska.
       (ii) The North Pacific Fishery Management Council.
       (iii) The United States section of the Pacific Salmon 
     Commission.
       (B) Not less than 2 and not more than 5 representatives 
     from each of the following categories, at least 2 of whom 
     shall represent Alaska Natives who possess personal knowledge 
     of, and direct experience with, subsistence uses in rural 
     Alaska, to be appointed with due regard to differences in 
     regional perspectives and experience:
       (i) Residents of Alaska who possess personal knowledge of, 
     and direct experience with, subsistence uses in rural Alaska.
       (ii) Alaska fishing industry representatives throughout the 
     salmon supply chain, including from--

       (I) directed commercial fishing;
       (II) recreational fishing;
       (III) charter fishing;
       (IV) seafood processors;
       (V) salmon prohibited species catch (bycatch) users; or
       (VI) hatcheries.

       (C) 5 representatives who are academic experts in salmon 
     biology, salmon ecology (marine and freshwater), salmon 
     habitat restoration and conservation, or comprehensive marine 
     research planning in the North Pacific.
       (3) Appointment by the governor of alaska.--The Governor of 
     Alaska shall appoint to the Research Task Force one 
     representative from the State of Alaska who is knowledgeable 
     about the State of Alaska's salmon research efforts.
       (c) Duties.--
       (1) Review.--The Research Task Force shall--
       (A) conduct a review of Pacific salmon science relevant to 
     understanding salmon returns in Alaska, including an 
     examination of--
       (i) traditional ecological knowledge of salmon populations 
     and their ecosystems;
       (ii) marine carrying capacity and density dependent 
     constraints, including an examination of interactions with 
     other salmon species, and with forage base in marine 
     ecosystems;
       (iii) life-cycle and stage-specific mortality;
       (iv) genetic sampling and categorization of population 
     structure within salmon species in Alaska;
       (v) methods for predicting run-timing and stock sizes;
       (vi) oceanographic models that provide insight into stock 
     distribution, growth, and survival;
       (vii) freshwater, estuarine, and marine processes that 
     affect survival of smolts;
       (viii) climate effects on freshwater and marine habitats;
       (ix) predator/prey interactions between salmon and marine 
     mammals or other predators; and
       (x) salmon productivity trends in other regions, both 
     domestic and international, that put Alaska salmon 
     populations in a broader geographic context; and
       (B) identify scientific research gaps in understanding the 
     Pacific salmon life cycle in Alaska.
       (2) Report.--Not later than 1 year after the date the 
     Research Task Force is convened, the Research Task Force 
     shall submit to the Secretary of Commerce, the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     Committee on Environment and Public Works of the Senate, the 
     Subcommittee on Commerce, Justice, Science, and Related 
     Agencies of the Committee on Appropriations of the Senate, 
     the Committee on Natural Resources of the House of 
     Representatives, the Subcommittee on Commerce, Justice, 
     Science, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives, and the 
     Alaska State Legislature, and make publicly available, a 
     report--
       (A) describing the review conducted under paragraph (1); 
     and
       (B) that includes--
       (i) recommendations on filling knowledge gaps that warrant 
     further scientific inquiry; and
       (ii) findings from the reports of work groups submitted 
     under subsection (d)(2)(C).
       (d) Administrative Matters.--
       (1) Chairperson and vice chairperson.--The Research Task 
     Force shall select a Chair and Vice Chair by vote from among 
     the members of the Research Task Force.
       (2) Work groups.--
       (A) In general.--The Research Task Force--
       (i) not later than 30 days after the date of the 
     establishment of the Research Task Force, shall establish a 
     work group focused specifically on the research needs 
     associated with salmon returns in the AYK (Arctic-Yukon-
     Kuskokwim) regions of Western Alaska; and
       (ii) may establish additional regionally or stock focused 
     work groups within the Research Task Force, as members 
     determine appropriate.
       (B) Composition.--Each work group established under this 
     subsection shall--
       (i) consist of not less than 5 individuals who--

       (I) are knowledgeable about the stock or region under 
     consideration; and
       (II) need not be members of the Research Task Force; and

       (ii) be balanced in terms of stakeholder representation, 
     including commercial, recreational, and subsistence 
     fisheries, as well as experts in statistical, biological, 
     economic, social, or other scientific information as relevant 
     to the work group's focus.
       (C) Reports.--Not later than 9 months after the date the 
     Research Task Force is convened, each work group established 
     under this subsection shall submit a report with the work 
     group's findings to the Research Task Force.
       (3) Compensation.--Each member of the Research Task Force 
     shall serve without compensation.
       (4) Administrative support.--The Secretary of Commerce 
     shall provide such administrative support as is necessary for 
     the Research Task Force and its work groups to carry out 
     their duties, which may include support for virtual or in-
     person participation and travel expenses.
       (e) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Research 
     Task Force.

     SEC. 5. DEFINITION OF PACIFIC SALMON.

       In this Act, the term ``Pacific salmon'' means salmon that 
     originates in Alaskan waters.
                                 ______
                                 
  SA 6524. Mr. SCHUMER (for Ms. Hassan) proposed an amendment to the 
bill S. 2135, to amend title 31, United States Code, to require the 
Chief Operating Officer of each agency to compile a list of unnecessary 
programs, 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 ``Identifying and Eliminating 
     Wasteful Programs Act''.

     SEC. 2. IDENTIFICATION AND ELIMINATION OF UNNECESSARY AGENCY 
                   PROGRAMS OR PROGRAM ACTIVITIES.

       (a) Transparency of Programs, Priority Goals, and 
     Results.--Section 1122(a)(3)(D) of title 31, United States 
     Code, is amended--
       (1) by redesignating clauses (vi) and (vii) as clauses 
     (vii) and (viii), respectively;
       (2) by inserting after clause (v) the following:
       ``(vi) to the extent practicable and consistent with 
     guidance issued by the Director of the Office of Management 
     and Budget, budget justification materials described in 
     section 3(b)(2)(B) of the Federal Funding Accountability and 
     Transparency Act of 2006 (31 U.S.C. 6101 note);''; and
       (3) in clause (vii), as so redesignated, by striking 
     ``accountability; and'' and inserting ``accountability, 
     including information included in the list compiled under 
     section 1127(b)(1); and''.
       (b) Identification of Unnecessary Agency Programs or 
     Program Activities.--Chapter 11 of title 31, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1127. Identification of unnecessary agency programs or 
       program activities

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term in section 1108(a).
       ``(2) Program.--The term `program' has the meaning given 
     the term in section 1122(a)(1).
       ``(3) Program activity.--The term `program activity' has 
     the meaning given the term in section 1115(h).
       ``(b) Agency Identification of Unnecessary Programs or 
     Program Activities.--Not later than 20 days after the date on 
     which the President transmits the budget of the United States 
     Government under section 1105(a) each year, and based on 
     guidance provided by the Director of the Office of Management 
     and Budget, the Chief Operating Officer of each agency 
     shall--

[[Page S7205]]

       ``(1) compile a list that identifies any program or program 
     activity of the agency that--
       ``(A) is unnecessary, defunct, or unnecessarily duplicative 
     of another program or program activity of the agency;
       ``(B) another agency could administer more effectively; or
       ``(C) could operate more effectively if the program or 
     activity were consolidated with other programs or activities;
       ``(2) publish the list compiled under paragraph (1) in--
       ``(A) with respect to each list compiled before the date of 
     the implementation described in section 9601(b)(3) of title 
     XCVI of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (31 U.S.C. 1122 note) 
     of the program inventory described in section 
     1122(a)(2)(B)(i) of this title, the pilot program described 
     in section 9601(b)(2)(B) of title XCVI of that Act; and
       ``(B) with respect to each successive list, the program 
     inventory described in section 1122(a)(2)(B)(i); and
       ``(3) submit the list compiled under paragraph (1) to--
       ``(A) the relevant congressional committees of jurisdiction 
     of the agency;
       ``(B) the Committee on Appropriations of the Senate;
       ``(C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(D) the Committee on Appropriations of the House of 
     Representatives; and
       ``(E) the Committee on Oversight and Reform of the House of 
     Representatives.
       ``(c) Recommendations.--Based on guidance issued by the 
     Director of the Office of Management and Budget, the head of 
     an agency may submit to Congress recommendations for 
     statutory changes to eliminate or consolidate programs or 
     program activities identified under subsection (b)(1).''.
       (c) Clerical Amendment.--The table of sections for chapter 
     11 of title 31, United States Code, is amended by adding at 
     the end the following:
``1127. Identification of unnecessary agency programs or program 
              activities''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 120 days after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 6525. Mr. SCHUMER (for Mr. Peters) proposed an amendment to the 
bill H.R. 1917, to modify eligibility requirements for certain hazard 
mitigation assistance programs, 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 ``Hazard Eligibility and Local 
     Projects Act''.

     SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND 
                   DEMOLITION ASSISTANCE PROJECTS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Emergency Management Agency.
       (2) Covered project.--The term ``covered project'' means a 
     project that--
       (A) is an acquisition and demolition project for which an 
     entity began implementation, including planning or 
     construction, before or after requesting assistance for the 
     project under a hazard mitigation assistance program; and
       (B) qualifies for a categorical exclusion under the 
     National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et 
     seq.).
       (3) Hazard mitigation assistance program.--The term 
     ``hazard mitigation assistance program'' means--
       (A) any grant program authorized under section 203 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5133);
       (B) the hazard mitigation grant program authorized under 
     section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c); and
       (C) the flood mitigation assistance program authorized 
     under section 1366 of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4104c).
       (b) Eligibility for Assistance for Covered Projects.--
       (1) In general.--An entity seeking assistance under a 
     hazard mitigation assistance program may be eligible to 
     receive that assistance for a covered project if--
       (A) the entity--
       (i) complies with all other eligibility requirements of the 
     hazard mitigation assistance program for acquisition or 
     demolition projects, including extinguishing all incompatible 
     encumbrances; and
       (ii) complies with all Federal requirements for the covered 
     project; and
       (B) the Administrator determines that the covered project--
       (i) qualifies for a categorical exclusion under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.);
       (ii) is compliant with applicable floodplain management and 
     protection of wetland regulations and criteria; and
       (iii) does not require consultation under any other 
     environmental or historic preservation law or regulation or 
     involve any extraordinary circumstances.
       (2) Costs incurred.--An entity seeking assistance under a 
     hazard mitigation assistance program shall be responsible for 
     any project costs incurred by the entity for a covered 
     project if the covered project is not awarded, or is 
     determined to be ineligible for, assistance.
       (c) Applicability.--This Act shall apply to covered 
     projects started on or after the date of enactment of this 
     Act.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter for 3 years, 
     the Administrator shall submit to Congress a report on use of 
     the authority under this Act, including--
       (1) how many applicants used the authority;
       (2) how many applicants using the authority successfully 
     obtained a grant;
       (3) how many applicants were not able to successfully 
     obtain a grant;
       (4) the reasons applicants were not able to obtain a grant; 
     and
       (5) the extent to which applicants using the authority were 
     able to comply with all necessary Federal environmental, 
     historic preservation, and other related laws and 
     regulations.
       (e) Termination.--The authority provided under this Act 
     shall cease to be effective on the date that is 3 years after 
     the date of enactment of this Act.

                          ____________________