[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4808]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2486. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 H of title X, add the following:

     SEC. 1095. PROHIBITION ON CERTAIN FOREIGN ENTITIES FUNDING 
                   ENVIRONMENTAL LITIGATION.

       (a) Definitions.--In this section:
       (1) Covered law.--The term ``covered law'' means any of--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), including section 11(g) of that Act (16 U.S.C. 
     1540(g));
       (B) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.), including sections 505 and 509(b)(1) of that Act 
     (33 U.S.C. 1365, 1369(b)(1));
       (C) the Marine Protection, Research, and Sanctuaries Act of 
     1972 (commonly known as the ``Ocean Dumping Act'') (33 U.S.C. 
     1401 et seq.), including section 105(g) of that Act (33 
     U.S.C. 1415(g));
       (D) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
     et seq.), including section 11 of that Act (33 U.S.C. 1910);
       (E) the Clean Air Act (42 U.S.C. 7401 et seq.), including 
     sections 304 and 307(b) of that Act (42 U.S.C. 7604, 
     7607(b));
       (F) the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), 
     including section 12 of that Act (42 U.S.C. 4911); and
       (G) the Powerplant and Industrial Fuel Use Act of 1978 (42 
     U.S.C. 8301 et seq.), including section 725 of that Act (42 
     U.S.C. 8435).
       (2) Covered programmatic activity.--The term ``covered 
     programmatic activity'' means any activity carried out by the 
     Department of Defense under or subject to a covered law, 
     including an environmental impact statement, an environmental 
     assessment, a biological opinion, or a biological assessment.
       (3) Foreign entity.--
       (A) In general.--The term ``foreign entity'' means--
       (i) a government of a foreign country and a foreign 
     political party;
       (ii) a natural person who is not--

       (I) a lawful permanent resident of the United States;
       (II) a citizen or national of the United States; or
       (III) any other protected individual (as defined in section 
     274B(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1324b(a)(3))); and

       (iii) a partnership, association, corporation, 
     organization, or other combination of persons organized under 
     the laws of or having its principal place of business in a 
     foreign country.
       (B) Inclusions.--The term ``foreign entity'' includes--
       (i) any person owned by, controlled by, or subject to the 
     jurisdiction or direction of an entity described in 
     subparagraph (A);
       (ii) any person, wherever located, who acts as an agent, 
     representative, or employee of an entity described in 
     subparagraph (A);
       (iii) any person who acts in any other capacity at the 
     order, request, or under the influence, direction, or 
     control, of--

       (I) an entity described in subparagraph (A); or
       (II) a person the activities of which are directly or 
     indirectly supervised, directed, controlled, financed, or 
     subsidized in whole or in majority part by an entity 
     described in subparagraph (A);

       (iv) any person who directly or indirectly through any 
     contract, arrangement, understanding, relationship, or 
     otherwise, owns 25 percent or more of the equity interests of 
     an entity described in subparagraph (A);
       (v) any person with significant responsibility to control, 
     manage, or direct an entity described in subparagraph (A);
       (vi) any person, wherever located, who is a citizen or 
     resident of a country controlled by an entity described in 
     subparagraph (A); and
       (vii) any corporation, partnership, association, or other 
     organization organized under the laws of a country controlled 
     by an entity described in subparagraph (A).
       (b) Prohibition.--Notwithstanding any other provision of 
     law, no foreign entity may fund litigation under a covered 
     law--
       (1) against the Department of Defense with respect to a 
     permit of incidental take or another permit issued under a 
     covered law with respect to a covered programmatic activity; 
     or
       (2) against the National Marine Fisheries Service, the 
     United States Fish and Wildlife Service, the Environmental 
     Protection Agency, the National Oceanic and Atmospheric 
     Administration, the Corps of Engineers, the Department of 
     Energy, the Coast Guard, or any other Federal agency that 
     issues to the Department of Defense a permit of incidental 
     take or another permit under a covered law for a covered 
     programmatic activity with respect to that permit.
                                 ______