[Congressional Record Volume 170, Number 126 (Thursday, August 1, 2024)]
[Senate]
[Pages S5778-S5786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself and Mr. Daines):
  S. 4932. A bill to amend the National Quantum Initiative Act to 
provide for a research, development, and demonstration program, and for 
other purposes; to the Committee on Energy and Natural Resources.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4932

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Energy Quantum 
     Leadership Act of 2024''.

     SEC. 2. DEPARTMENT OF ENERGY QUANTUM INFORMATION SCIENCE 
                   RESEARCH PROGRAM.

       Section 401 of the National Quantum Initiative Act (15 
     U.S.C. 8851) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Secretary of Energy shall carry out 
     a research, development, and demonstration program on quantum 
     information science, engineering, and technology.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``, engineering, and 
     technology'' after ``science'';
       (B) in paragraph (2), by inserting ``, engineering, and 
     technology'' after ``science'';
       (C) by striking paragraph (3) and inserting the following:
       ``(3) provide research experiences and training for 
     additional undergraduate and graduate students in quantum 
     information science, engineering, and technology, including 
     in the fields specified in paragraph (4);'';
       (D) by redesignating paragraphs (3) through (5) as 
     paragraphs (5) through (7), respectively;
       (E) by inserting after paragraph (2) the following:
       ``(3) operate National Quantum Information Science Research 
     Centers under section 402 to accelerate and scale scientific 
     and technical breakthroughs in quantum information science, 
     engineering, and technology, and maintain state-of-the-art 
     infrastructure for quantum researchers and industry partners;
       ``(4) conduct cooperative research with industry, National 
     Laboratories, institutions of higher education, and other 
     research institutions to facilitate the development and 
     demonstration of quantum information science, engineering, 
     and technology priorities, as determined by the Secretary of 
     Energy, including in the fields of--
       ``(A) quantum information theory;
       ``(B) quantum physics;
       ``(C) quantum computational science, including hardware and 
     software, machine learning, and data science;
       ``(D) applied mathematics and algorithm development;
       ``(E) quantum communications and networking, including 
     hardware and software for quantum communications and 
     networking;
       ``(F) quantum sensing and detection;
       ``(G) materials science and engineering;
       ``(H) quantum modeling and simulation, including molecular 
     modeling;
       ``(I) near- and long-term application development, as 
     determined by the Secretary of Energy;

[[Page S5779]]

       ``(J) quantum chemistry;
       ``(K) quantum biology;
       ``(L) superconductive and high-performance 
     microelectronics; and
       ``(M) quantum security technologies;'';
       (F) in paragraph (6) (as so redesignated)--
       (i) in subparagraph (E), by striking ``and'' at the end;
       (ii) by redesignating subparagraph (F) as subparagraph (J); 
     and
       (iii) by inserting after subparagraph (E) the following:
       ``(F) the Office of Electricity;
       ``(G) the Office of Cybersecurity, Energy Security, and 
     Emergency Response;
       ``(H) the Office of Fossil Energy and Carbon Management;
       ``(I) the Office of Technology Transitions; and''; and
       (G) in paragraph (7) (as so redesignated)--
       (i) by striking ``and'' before ``potential''; and
       (ii) by inserting ``, and other relevant stakeholders, as 
     determined by the Secretary of Energy'' before the period at 
     the end; and
       (3) by adding at the end the following:
       ``(c) Industry Outreach.--In carrying out the program under 
     subsection (a), the Secretary of Energy shall support the 
     quantum technology industry and promote commercialization of 
     applications of quantum technology relevant to the activities 
     of the Department of Energy by--
       ``(1) educating--
       ``(A) the energy industry on near-term and commercially 
     available quantum technologies; and
       ``(B) the quantum industry on potential energy 
     applications;
       ``(2) accelerating the advancements of United States 
     quantum computing, communications, networking, sensing, and 
     security capabilities to protect and optimize the energy 
     sector;
       ``(3) advancing relevant domestic supply chains, 
     manufacturing capabilities, and associated simulations or 
     modeling capabilities;
       ``(4) facilitating commercialization of quantum 
     technologies from National Laboratories and engaging with the 
     Quantum Economic Development Consortium and other 
     organizations, as applicable, to transition component 
     technologies that advance the development of a quantum supply 
     chain; and
       ``(5) to the extent practicable, ensuring industry partner 
     access, especially for small- and medium-sized businesses, to 
     specialized quantum instrumentation, equipment, testbeds, and 
     other infrastructure to design, prototype, and test novel 
     quantum hardware and streamline user access to reduce costs 
     and other administrative burdens.
       ``(d) High Performance Computing Strategic Plan.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary of Energy shall 
     submit to Congress a 10-year strategic plan to guide Federal 
     programs in designing, expanding, and procuring hybrid, 
     energy-efficient high-performance computing systems capable 
     of integrating with a diverse set of accelerators, including 
     quantum, artificial intelligence, and machine learning 
     accelerators, to enable the computing facilities of the 
     Department of Energy to advance national computing resources.
       ``(2) Contents.--The strategic plan under paragraph (1) 
     shall include the following:
       ``(A) A conceptual plan to leverage capabilities and 
     infrastructure from the exascale computing program, as the 
     Secretary of Energy determines necessary.
       ``(B) A plan to minimize disruptions to the advanced 
     scientific computing workforce.
       ``(C) A consideration of a diversity of quantum computing 
     modalities.
       ``(D) A plan to integrate cloud access of commercially 
     available quantum hardware and software to complement on-
     premises high performance computing systems and resources 
     consistent with the QUEST program established under section 
     404.
       ``(e) Early-stage Quantum High Performance Computing 
     Research and Development Program.--
       ``(1) In general.--The Secretary of Energy shall establish 
     an early-stage research and development program in quantum 
     high-performance computing--
       ``(A) to inform the 10-year strategic plan described in 
     subsection (d)(1); and
       ``(B) to build the necessary scientific computing workforce 
     to fulfill the objectives of that plan.
       ``(2) Activities.--The program established under paragraph 
     (1) shall--
       ``(A) support early-stage quantum supercomputing testbeds 
     and prototypes; and
       ``(B) connect early-stage quantum high performance 
     computing projects to the Centers funded under this Act.
       ``(3) Funding.--Of funds made available under subsection 
     (i)(1), the Secretary of Energy shall use not more than 
     $20,000,000 for each of fiscal years 2025 through 2029 to 
     carry out the activities under this subsection.
       ``(f) Supply Chain Study.--Not later than 180 days after 
     the date of enactment of this subsection, the Secretary of 
     Energy shall conduct a study on quantum science, engineering, 
     and technology supply chain needs, including--
       ``(1) identifying hurdles to growth in the quantum industry 
     by leveraging the expertise of the Quantum Economic 
     Development Consortium; and
       ``(2) making recommendations on how to strengthen the 
     domestic supply of materials and technologies necessary for 
     the development of a robust manufacturing base and workforce.
       ``(g) Traineeship Program.--
       ``(1) In general.--The Secretary of Energy shall establish 
     a university-led traineeship program--
       ``(A) to address workforce development needs in quantum 
     information science, engineering, and technology; and
       ``(B) that will focus on supporting increased 
     participation, workforce development, and research 
     experiences for underrepresented undergraduate and graduate 
     students.
       ``(2) Funding.--Of funds made available under subsection 
     (i)(1), the Secretary of Energy shall use not more than 
     $5,000,000 for each of fiscal years 2025 through 2029 to 
     carry out the activities under this subsection.
       ``(h) Coordination of Activities.--In carrying out this 
     section, the Secretary of Energy shall, to the maximum extent 
     practicable, coordinate with the Director of the National 
     Science Foundation, the Director of the National Institute of 
     Standards and Technology, the Administrator of the National 
     Aeronautics and Space Administration, the Director of the 
     Defense Advanced Research Projects Agency, and the heads of 
     other relevant Federal departments and agencies to ensure 
     that programs and activities carried out under this section 
     complement and do not duplicate existing efforts across the 
     Federal government.
       ``(i) Funding.--
       ``(1) In general.--Of the funds authorized to be 
     appropriated to the Office of Science under section 303(j) of 
     the Department of Energy Research and Innovation Act (42 
     U.S.C. 18641(j)), there is authorized to be appropriated to 
     the Secretary of Energy not more than $175,000,000 for each 
     of fiscal years 2025 through 2029 to carry out activities 
     under this section.
       ``(2) Restrictions.--
       ``(A) Confucius institute.--None of the funds made 
     available under this subsection may be obligated to or 
     expended by an institution of higher education that maintains 
     a contract or other agreement with a Confucius Institute or 
     any successor of a Confucius Institute.
       ``(B) Foreign countries and entities of concern.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Foreign country of concern.--The term `foreign 
     country of concern' means--

       ``(aa) a covered nation (as defined in section 4872(d) of 
     title 10, United States Code); and
       ``(bb) any other country that the Secretary of Energy, in 
     consultation with the Secretary of Defense, the Secretary of 
     State, and the Director of National Intelligence, determines 
     to be engaged in conduct that is detrimental to the national 
     security or foreign policy of the United States.

       ``(II) Foreign entity of concern.--The term `foreign entity 
     of concern' means a foreign entity that--

       ``(aa) is designated as a foreign terrorist organization by 
     the Secretary of State under section 219(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1189(a));
       ``(bb) is included on the list of specially designated 
     nationals and blocked persons maintained by the Office of 
     Foreign Assets Control of the Department of the Treasury;
       ``(cc) is owned by, controlled by, or subject to the 
     jurisdiction or direction of a government of a foreign 
     country that is a covered nation (as defined in section 
     4872(d) of title 10, United States Code);
       ``(dd) is alleged by the Attorney General to have been 
     involved in activities for which a conviction was obtained 
     under--
       ``(AA) chapter 37 of title 18, United States Code (commonly 
     known as the `Espionage Act');
       ``(BB) section 951 or 1030 of title 18, United States Code;
       ``(CC) chapter 90 of title 18, United States Code (commonly 
     known as the `Economic Espionage Act of 1996');
       ``(DD) the Arms Export Control Act (22 U.S.C. 2751 et 
     seq.);
       ``(EE) section 224, 225, 226, 227, or 236 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, 2284);
       ``(FF) the Export Control Reform Act of 2018 (50 U.S.C. 
     4801 et seq.); or
       ``(GG) the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.); or
       ``(ee) is determined by the Secretary of Energy, in 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, to be engaged in unauthorized 
     conduct that is detrimental to the national security or 
     foreign policy of the United States.
       ``(ii) Restriction.--None of the funds made available under 
     this subsection may be obligated or expended to promote, 
     establish, or finance quantum research activities between a 
     United States entity and a foreign country of concern or a 
     foreign entity of concern.''.

     SEC. 3. DOE QUANTUM INSTRUMENTATION AND FOUNDRY PROGRAM.

       The National Quantum Initiative Act is amended by inserting 
     after section 401 (15 U.S.C. 8851) the following:

     ``SEC. 401A. DEPARTMENT OF ENERGY QUANTUM INSTRUMENTATION AND 
                   FOUNDRY PROGRAM.

       ``(a) In General.--The Secretary of Energy shall establish 
     an instrumentation and infrastructure program to carry out 
     the following:
       ``(1) Maintain United States leadership in quantum 
     information science, engineering, and technology.
       ``(2) Develop domestic quantum supply chains.

[[Page S5780]]

       ``(3) Provide resources for the broader scientific 
     community.
       ``(4) Support activities carried out under sections 401, 
     403, and 404.
       ``(b) Program Components.--In carrying out the program 
     under subsection (a), the Secretary of Energy shall--
       ``(1) develop, design, build, purchase, and commercialize 
     specialized equipment, laboratory infrastructure, and state-
     of-the-art instrumentation to advance quantum engineering 
     research and the development of quantum component 
     technologies at a scale sufficient to meet the needs of the 
     scientific community and enable commercialization of quantum 
     technology;
       ``(2) leverage the capabilities of National Laboratories 
     and Nanoscale Science Research Centers, including facilities 
     and experts that research and develop novel quantum materials 
     and devices; and
       ``(3) consider the technologies and end-use applications 
     identified by the Quantum Economic Development Consortium as 
     having significant economic potential.
       ``(c) Quantum Foundries.--In carrying out the program under 
     subsection (a), and in coordination with institutions of 
     higher education and industry, the Secretary of Energy shall 
     support the development of quantum foundries focused on 
     meeting the device, hardware, software, and materials needs 
     of the scientific community and the quantum supply chain.
       ``(d) Funding.--Of amounts appropriated or otherwise made 
     available to the Office of Science, the Secretary of Energy 
     shall use not more than $50,000,000 for each of fiscal years 
     2025 through 2029 to carry out this section.''.

     SEC. 4. NATIONAL QUANTUM INFORMATION SCIENCE RESEARCH 
                   CENTERS.

       Section 402 of the National Quantum Initiative Act (15 
     U.S.C. 8852) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``basic''; and
       (ii) by striking ``science and technology and to support 
     research conducted under section 401'' and inserting 
     ``science, engineering, and technology, expand capacity for 
     the domestic quantum workforce, and support research 
     conducted under sections 401, 403, and 404''; and
       (B) in paragraph (2)(C), by inserting ``that may include 1 
     or more commercial entities'' after ``collaborations'';
       (2) in subsection (b), by inserting ``and should be 
     inclusive of the variety of viable quantum technologies, as 
     appropriate'' before the period at the end;
       (3) in subsection (c)--
       (A) by striking ``basic''; and
       (B) by inserting ``, engineering, and technology, 
     accelerating quantum workforce development,'' after 
     ``science'';
       (4) in subsection (d)(1)--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (C) by inserting after subparagraph (C) the following:
       ``(D) the Office of Technology Transitions; and'';
       (5) in subsection (e), by striking paragraph (2) and 
     inserting the following:
       ``(2) Renewal.--Each Center established under this section 
     may be renewed for an additional period of 5 years following 
     a successful, merit-based review and approval by the 
     Director.''; and
       (6) in subsection (f), in the first sentence--
       (A) by striking ``$25,000,000'' and inserting 
     ``$35,000,000''; and
       (B) by striking ``2019 through 2023'' and inserting ``2025 
     through 2029''.

     SEC. 5. DEPARTMENT OF ENERGY QUANTUM NETWORK INFRASTRUCTURE 
                   RESEARCH AND DEVELOPMENT PROGRAM.

       Section 403 of the National Quantum Initiative Act (15 
     U.S.C. 8853) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)--
       (i) by inserting ``, including'' after ``networking''; and
       (ii) by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(6) as applicable, leverage a diversity of modalities and 
     commercially available quantum hardware and software; and
       ``(7) develop education and training pathways related to 
     quantum network infrastructure investments, aligned with 
     existing programmatic investments by the Department of 
     Energy.''; and
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (ii) by inserting after subparagraph (B) the following:
       ``(C) the Administrator of the National Aeronautics and 
     Space Administration;'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``ground-to-space 
     and'' before ``space-to-ground'';
       (ii) in subparagraph (E), by striking ``photon-based'' and 
     inserting ``all applicable modalities of'';
       (iii) in subparagraph (F), by inserting ``, quantum 
     sensors,'' after ``quantum repeaters'';
       (iv) in subparagraph (G)--

       (I) by inserting ``data centers,'' after ``repeaters,''; 
     and
       (II) by striking ``and'' at the end;

       (v) in subparagraph (H)--

       (I) by striking ``the quantum technology stack'' and 
     inserting ``quantum technology modality stacks''; and
       (II) by striking ``National Laboratories in'' and inserting 
     ``National Laboratories such as''; and

       (vi) by adding at the end the following:
       ``(I) development of quantum network and entanglement 
     distribution protocols or applications, including development 
     of network stack protocols and protocols enabling integration 
     with existing technologies or infrastructure; and
       ``(J) development of high-efficiency room-temperature 
     photon detectors for quantum photonic applications, including 
     quantum networking and communications;'';
       (C) in paragraph (4)--
       (i) by striking ``basic''; and
       (ii) by striking ``material'' and inserting ``materials''; 
     and
       (D) in paragraph (5), by striking ``fundamental''; and
       (3) in subsection (d), by striking ``basic research'' and 
     inserting ``research, development, and demonstration''.

     SEC. 6. DEPARTMENT OF ENERGY QUANTUM USER EXPANSION FOR 
                   SCIENCE AND TECHNOLOGY PROGRAM.

       Section 404 of the National Quantum Initiative Act (15 
     U.S.C. 8854) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``and quantum computing clouds'' and inserting ``, software, 
     and cloud-based quantum computing'';
       (B) in paragraph (3), by striking ``and'' at the end;
       (C) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (D) by adding at the end the following:
       ``(5) to enable development of software and applications, 
     including estimation of resources needed to scale 
     applications; and
       ``(6) to develop near-term quantum applications to solve 
     public and private sector problems.'';
       (2) in subsection (b)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(6) enable users to develop algorithms, software tools, 
     simulators, and applications for quantum systems using cloud-
     based quantum computers; and
       ``(7) partner with appropriate public- and private-sector 
     entities to develop training and education opportunities on 
     prototype and early-stage devices.'';
       (3) in subsection (c)--
       (A) by redesignating paragraphs (4) through (8) as 
     paragraphs (5) through (9), respectively; and
       (B) by inserting after paragraph (3) the following:
       ``(4) the National Oceanic and Atmospheric 
     Administration;''; and
       (4) in subsection (e)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(6) $38,000,000 for fiscal year 2028.''.
                                 ______
                                 
      By Mr. PADILLA:
  S. 4953. A bill to establish the Wildlife Movement and Movement Area 
Grant Program and the State and Tribal Migration Research Program, and 
for other purposes; to the Committee on Environment and Public Works.
  Mr. PADILLA. Madam President, I rise to introduce the Wildlife 
Movement Through Partnerships Act. This bipartisan legislation will 
improve collaboration across jurisdictions and support State, Tribal, 
and local efforts to improve wildlife habitat connectivity and 
migration corridors.
  As our country grows, both in population and development, so do the 
interactions between wildlife and humans. Every day in America, animals 
across the country cross roads and highways, hop fences and barriers, 
and navigate new human-made obstacles in order to survive. All too 
often, this means traditional wildlife corridors for migration are 
being cut off by human-made barriers, and that the biodiversity around 
us is coming under threat.
  In November 2023, I chaired a hearing in the Environment and Public 
Works Subcommittee on Fisheries, Water, and Wildlife to hear testimony 
from stakeholders on the challenges and solutions to facilitating 
wildlife migration and movement corridors across public, Tribal, and 
private lands, and I am proud that the legislation I am introducing 
today is the bipartisan product of that hearing.
  The Wildlife Movement Through Partnerships Act would provide 
financial and technical assistance to support the movement and 
migration of wildlife.
  Specifically, the bill would formally establish several programs at 
the Department of the Interior to conserve,

[[Page S5781]]

restore, or enhance habitat, migration routes, and connectivity; 
improve mapping efforts to better understand how and where wildlife 
move; and allow funds from the existing Partners for Fish and Wildlife 
Program to be used for wildlife movement. The bill would also direct 
the Departments of the Interior, Agriculture, and Transportation to 
coordinate actions and funding for programs established by the bill and 
to improve coordination with States, Tribes, and non-governmental 
partners. Finally, the bill would ensure that the legislation is only 
applied in a voluntary manner while protecting valid existing and 
private rights, military readiness, private property, public access, 
and the authority or jurisdiction of States and Tribes.
  In 2018, the Interior Secretary signed secretarial order 3362, 
``Improving Habitat Quality in Western Big-Game Winter Range and 
Migration Corridors,'' in 11 Western States. To implement the 
secretarial order, Federal Agencies have used funding from relevant 
existing appropriations to support habitat improvement projects and 
research in areas identified by States for a limited set of big game 
species. While implementation of the secretarial order has been 
successful, Congress should create formal and dedicated programs in 
order to maintain this important work while expanding implementation to 
species beyond just big game and across the entire United States.
  This bill would also build on the success of the Bipartisan 
Infrastructure Law, which made an unprecedented $350 million investment 
in the Department of Transportation to implement a first-of-its-kind 
pilot program to make roads safer, prevent wildlife-vehicle collisions, 
and improve habitat connectivity. While this funding is critical, we 
must think bigger than individual wildlife crossings to boost wildlife 
connectivity at the landscape scale across the country.
  I want to thank Representative Zinke for leading this bill in the 
House, and I hope all of our colleagues will join us in supporting this 
bipartisan bill to improve habitat connectivity and maintain intact 
wildlife corridors for species--big and small.
                                 ______
                                 
      By Mr. SCHUMER (for himself, Ms. Hirono, Mr. Schatz, Mr. Lujan, 
        Mr. Reed, Mr. Blumenthal, Mr. Carper, Mr. Welch, Mr. 
        Hickenlooper, Mr. Casey, Mr. Coons, Mrs. Shaheen, Ms. Baldwin, 
        Mr. Merkley, Mr. Cardin, Mr. Durbin, Ms. Warren, Mrs. Murray, 
        Mr. Van Hollen, Mr. Markey, Ms. Duckworth, Ms. Klobuchar, Ms. 
        Butler, Mr. Whitehouse, Mr. Sanders, Mr. Booker, Mrs. 
        Gillibrand, Mr. Wyden, Mr. King, Mr. Heinrich, Ms. Stabenow, 
        Mr. Padilla, Mr. Peters, Mr. Warnock, Ms. Smith, Mr. Kelly, and 
        Ms. Cantwell):
  S. 4973. A bill to reassert the constitutional authority of Congress 
to determine the general applicability of the criminal laws of the 
United States, and for other purposes; read the first time.
  Mr. SCHUMER. Madam President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4973

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``No Kings Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) no person, including any President, is above the law;
       (2) Congress, under the Necessary and Proper Clause of 
     section 8 of article I of the Constitution of the United 
     States, has the authority to determine to which persons the 
     criminal laws of the United States shall apply, including any 
     President;
       (3) the Constitution of the United States does not grant to 
     any President any form of immunity (whether absolute, 
     presumptive, or otherwise) from criminal prosecution, 
     including for actions committed while serving as President;
       (4) in The Federalist No. 69, Alexander Hamilton wrote that 
     there must be a difference between the ``sacred and 
     inviolable'' king of Great Britain and the President of the 
     United States, who ``would be amenable to personal punishment 
     and disgrace'' should his actions violate the laws of the 
     United States;
       (5) the United States District Court for the District of 
     Columbia correctly concluded in United States v. Trump, No. 
     23-257 (TSC), 2023 WL 8359833 (D.D.C. December 1, 2023) that 
     ``former Presidents do not possess absolute federal criminal 
     immunity for any acts committed while in office'', that 
     former Presidents ``may be subject to federal investigation, 
     indictment, prosecution, conviction, and punishment for any 
     criminal acts undertaken while in office'', and that a 
     ``four-year service as Commander in Chief [does] not bestow 
     on [a President] the divine right of kings to evade the 
     criminal accountability that governs his fellow citizens'';
       (6) similarly, the United States Court of Appeals for the 
     District of Columbia Circuit correctly affirmed in United 
     States v. Trump, 91 F.4th 1173 (D.C. Cir. 2024) that 
     ``separation of powers doctrine does not immunize former 
     Presidents from federal criminal liability'' for their 
     official actions that ``allegedly violated generally 
     applicable criminal laws'' and acknowledged that the Founding 
     Fathers ``stresse[d] that the President must be unlike the 
     `king of Great Britain,' who was `sacred and inviolable.' The 
     Federalist No. 69, at 337-38'';
       (7) the Supreme Court of the United States, however, 
     vacated the judgment of the court of appeals and incorrectly 
     declared in Trump v. United States, No. 23-939, 2024 WL 
     3237603 (U.S. July 1, 2024) that ``the President is 
     absolutely immune from criminal prosecution for conduct 
     within his exclusive sphere of constitutional authority'' and 
     that a President ``is entitled, at a minimum, to a 
     presumptive immunity from prosecution for all his official 
     acts'', assertions at odds with the plain text of the 
     Constitution of the United States; and
       (8) Congress has explicit and broad authority to make 
     exceptions and regulations to the appellate jurisdiction of 
     the Supreme Court of the United States under clause 2 of 
     section 2 of article III of the Constitution of the United 
     States.
       (b) Purposes.--The purposes of this Act are to--
       (1) reassert the constitutional authority of Congress to 
     determine the general applicability of the criminal laws of 
     the United States, including to Presidents and Vice 
     Presidents;
       (2) clarify that a President or Vice President is not 
     entitled to any form of immunity from criminal prosecution 
     for violations of the criminal laws of the United States 
     unless specified by Congress; and
       (3) impose certain limitations on the appellate 
     jurisdiction of the Supreme Court of the United States to 
     decide questions related to criminal immunity for Presidents 
     and Vice Presidents.

     SEC. 3. NO PRESIDENTIAL IMMUNITY FOR CRIMES.

       (a) In General.--
       (1) No immunity.--A President, former President, Vice 
     President, or former Vice President shall not be entitled to 
     any form of immunity (whether absolute, presumptive, or 
     otherwise) from criminal prosecution for alleged violations 
     of the criminal laws of the United States unless specified by 
     Congress.
       (2) Considerations.--A court of the United States may not 
     consider whether an alleged violation of the criminal laws of 
     the United States committed by a President or Vice President 
     was within the conclusive or preclusive constitutional 
     authority of a President or Vice President or was related to 
     the official duties of a President or Vice President unless 
     directed by Congress.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to immunize a President, former President, Vice 
     President, or former Vice President from criminal prosecution 
     for alleged violations of the criminal laws of the States.

     SEC. 4. JUDICIAL REVIEW.

       (a) Criminal Proceedings.--Notwithstanding any other 
     provision of law, for any criminal proceeding commenced by 
     the United States against a President, former President, Vice 
     President, or former Vice President for alleged violations of 
     the criminal laws of the United States, the following rules 
     shall apply:
       (1) The action shall be filed in the applicable district 
     court of the United States or the United States District 
     Court for the District of Columbia.
       (2) The Supreme Court of the United States shall have no 
     appellate jurisdiction, on the basis that an alleged criminal 
     act was within the conclusive or preclusive constitutional 
     authority of a President or Vice President or on the basis 
     that an alleged criminal act was related to the official 
     duties of a President or Vice President, to (or direct 
     another court of the United States to)--
       (A) dismiss an indictment or any other charging instrument;
       (B) grant acquittal or dismiss or otherwise terminate a 
     criminal proceeding;
       (C) halt, suspend, disband, or otherwise impede the 
     functions of any grand jury;
       (D) grant a motion to suppress or bar evidence or 
     testimony, or otherwise exclude information from a criminal 
     proceeding;
       (E) grant a writ of habeas corpus, a writ of coram nobis, a 
     motion to set aside a verdict or judgment, or any other form 
     of post-conviction or collateral relief;
       (F) overturn a conviction;
       (G) declare a criminal proceeding unconstitutional; or
       (H) enjoin or restrain the enforcement or application of a 
     law.
       (b) Constitutional Challenges.--Notwithstanding any other 
     provision of law, for

[[Page S5782]]

     any civil action brought for declaratory, injunctive, or 
     other relief to adjudge the constitutionality, whether 
     facially or as-applied, of any provision of this Act 
     (including this section), or to bar or restrain the 
     enforcement or application of any provision of this Act 
     (including this section) on the ground of its 
     unconstitutionality, the following rules shall apply:
       (1) A plaintiff may bring a civil action under this 
     subsection, and there shall be no other cause of action 
     available.
       (2) Only a President, former President, Vice President, or 
     former Vice President shall have standing to bring a civil 
     action under this subsection.
       (3) A facial challenge to the constitutionality of any 
     provision of this Act (including this section) may only be 
     brought not later than 180 days after the date of enactment 
     of this Act. An as-applied challenge to the constitutionality 
     of the enforcement or application of any provision of this 
     Act (including this section) may only be brought not later 
     than 90 days after the date of such enforcement or 
     application.
       (4) A court of the United States shall presume that a 
     provision of this Act (including this section) or the 
     enforcement or application of any such provision is 
     constitutional unless it is demonstrated by clear and 
     convincing evidence that such provision or its enforcement or 
     application is unconstitutional.
       (5) The civil action shall be filed in the United States 
     District Court for the District of Columbia, which shall have 
     exclusive jurisdiction of a civil action under this 
     subsection. An appeal may be taken from the district court to 
     the United States Court of Appeals for the District of 
     Columbia Circuit, which shall have exclusive jurisdiction to 
     hear an appeal in a civil action under this subsection.
       (6) In a civil action under this subsection, a decision of 
     the United States Court of Appeals for the District of 
     Columbia Circuit shall be final and not appealable to the 
     Supreme Court of the United States.
       (7) The Supreme Court of the United States shall have no 
     appellate jurisdiction to declare any provision of this Act 
     (including this section) unconstitutional or to bar or 
     restrain the enforcement or application of any provision of 
     this Act (including this section) on the ground of its 
     unconstitutionality.
       (c) Clarifying Scope of Jurisdiction.--
       (1) In general.--If an action at the time of its 
     commencement is not subject to subsection (a) or (b), but an 
     amendment, counterclaim, cross-claim, affirmative defense, or 
     any other pleading or motion is filed such that the action 
     would be subject to subsection (a) or (b), the action shall 
     thereafter be conducted pursuant to subsection (a) or (b), as 
     applicable.
       (2) State courts.--An action subject to subsection (a) or 
     (b) may not be heard in any State court.
       (3) Sua sponte relief.--No court may issue relief sua 
     sponte on the ground that a provision of this Act (including 
     this section), or its enforcement or application, is 
     unconstitutional.

     SEC. 5. SEVERABILITY.

       If any provision of this Act, or application of such 
     provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this Act, and the 
     application of the provisions of this Act to any person or 
     circumstance shall not be affected thereby.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Schatz, and Mrs. Gillibrand):
  S. 4990. A bill to comprehensively combat child marriage in the 
United States; to the Committee on the Judiciary.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4990

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Child Marriage Prevention 
     Act of 2024''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Over 300,000 minors were married in the United States 
     between 2000 and 2018. Most were wed to adult men and some 
     were as young as 10 years of age, though most were 16 or 17 
     years of age.
       (2) Child marriage limits educational opportunities. Women 
     who marry before they turn 19 years of age are 50 percent 
     more likely to drop out of high school and 4 times less 
     likely to graduate from college.
       (3) Girls who marry in their early teens are up to 31 
     percent more likely to live in future poverty.
       (4) Child marriage has harmful consequences for mental and 
     physical health. Women who married as children have higher 
     rates of certain psychiatric disorders. Another study found 
     that women who marry before 19 years of age have a 23 percent 
     greater risk of developing a serious health condition, 
     including diabetes, cancer, heart attack, or stroke.
       (5) Child marriage can facilitate physical, emotional, and 
     verbal abuse. Girls and young women 16 to 24 years of age 
     experience the highest rates of intimate partner violence, 
     and girls 16 to 19 years of age experience intimate partner 
     violence victimization rates that are almost triple the 
     national average. Further, the majority of States allow 
     marriage to be used as a defense to statutory rape laws, 
     which can incentivize perpetrators to marry victims to 
     preempt prosecutions.
       (6) 70 to 80 percent of marriages entered into when at 
     least one person is under 18 years of age ultimately end in 
     divorce. According to one study based on census data, 23 
     percent of children who marry are already separated or 
     divorced by the time they turn 18 years of age.
       (7) Depending on the State, a child facing a forced 
     marriage or a married minor trying to leave may find 
     themselves with few options. A minor trying to avoid a forced 
     marriage may not be able to leave home without being taken 
     into custody and returned by police and may not be able to 
     stay in a domestic violence shelter at all or in a youth 
     shelter for longer than a few days. Friends or allies of a 
     child escaping a marriage who offer to take them in could 
     risk being charged with contributing to the delinquency of a 
     minor or harboring a runaway. And, if the minor attempts to 
     obtain a home of their own, they may find no one willing to 
     rent to them, because in many circumstances, minors cannot be 
     held to contracts they enter.
       (8) Depending on the State, a minor who is being forced or 
     coerced into marriage may not be entitled to file on their 
     own for a protective order. Further, not all States clearly 
     treat married minors as emancipated, meaning they still have 
     the limited legal status and rights of a child and face 
     similar vulnerabilities and challenges seeking help.
       (9) Child marriage in the United States can also be 
     facilitated through the immigration system. Subject to rare 
     exceptions, United States immigration law recognizes 
     marriages as valid if they were legal where they took place 
     and where the parties will reside. U.S. Citizenship and 
     Immigration Services reported that between fiscal year 2007 
     and fiscal year 2017, it approved 8,686 petitions for spousal 
     or fiance visas that involved at least one minor, though it 
     remains unclear how many of these visas were ultimately 
     approved by the Department of State. However, approximately 
     2.6 percent of fiance and spousal petitions were returned 
     unapproved to U.S. Citizenship and Immigration Services 
     between fiscal year 2007 and fiscal year 2017. It is 
     therefore reasonable to conclude that the United States 
     issued a visa to a significant number of the spouses and 
     fiances named on the 8,686 petitions
       (10) Four States set no statutory minimum age for marriage. 
     In 13 States and the District of Columbia, clerks acting on 
     their own - without judges - can issue marriage licenses for 
     all minors. Four States permit pregnancy to lower the minimum 
     marriage age and in one State, Mississippi, the statute sets 
     different conditions for approvals for girls and boys.
       (11) There is a growing movement to eliminate child 
     marriage in the United States and 13 States - Delaware, New 
     Jersey, Pennsylvania, Minnesota, Rhode Island, New York, 
     Massachusetts, Vermont, Connecticut, Michigan, Washington, 
     Virginia, and New Hampshire have set the minimum age for 
     marriage at 18 years of age, with no exceptions. Since 2016, 
     a total of 35 States have enacted new laws to end or limit 
     child marriage with 5 more States requiring parties to be 
     legal adults (meaning that the only exception to the 
     requirement to be 18 years of age to be married is for 
     certain court-emancipated minors). Until all States take 
     action, however, the patchwork of State laws will continue to 
     put all children, particularly girls, at risk, given the ease 
     with which they can be taken out of their home State into 
     another State with lax or no laws.
       (12) The foreign policy of the United States is already 
     imbued with these understandings that child marriage is 
     harmful and should be prevented, including the following:
       (A) The Department of State in its Foreign Affairs Manual 
     states the Federal Government view of ``forced marriage to be 
     a violation of basic human rights. It also considers the 
     forced marriage of a minor child to be a form of child abuse, 
     since the child will presumably be subjected to non-
     consensual sex.''.
       (B) The United States Agency for International Development 
     observes that Child, Early, and Forced Marriage (In this 
     paragraph referred to as ``CEFM'') ``impedes girls' education 
     and increases early pregnancy and the risk of maternal 
     mortality, obstetric complications, gender-based violence, 
     and HIV/AIDS. Children of young mothers have higher rates of 
     infant mortality and malnutrition compared to children of 
     mothers older than 18. . . . CEFM is also associated with 
     reductions in economic productivity for individuals and 
     nations at large. CEFM is a human rights abuse and a practice 
     that undermines efforts to promote sustainable growth and 
     development.''.
       (C) Congress enacted the Violence Against Women 
     Reauthorization Act of 2013 (Public Law 113-4; 127 Stat. 54), 
     which requires the Secretary of State to establish and 
     implement a multiyear strategy--
       (i) to ``prevent child marriages''; and
       (ii) to ``promote the empowerment of girls at risk of child 
     marriage in developing countries''.
       (13) In 2021, the National Strategy on Gender Equity and 
     Equality named child marriage as a form of gender-based 
     violence that undermines human rights globally and 
     domestically, noting--

[[Page S5783]]

       (A) ``Millions of women and girls remain at risk of female 
     genital mutilation/cutting (FGM/C) and child, early and 
     forced marriage, forms of gender-based violence that 
     undermine security and human rights, including here in the 
     United States''; and
       (B) ``In the United States, we will collaborate with state 
     officials to prevent and address harmful practices that 
     undermine human rights, including laws that permit child, 
     early and forced marriage . . . and ensure access to social 
     services for those harmed.''.
       (14) The report titled ``U.S. National Plan to End Gender-
     Based Violence: Strategies for Action,'' published in May, 
     2023, which focuses on preventing and addressing various 
     forms of interpersonal violence occurring within the United 
     States, defines gender-based violence as a ``range of 
     interpersonal violence across the life course'' including 
     child, early, and forced marriage.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Noncitizen.--The term ``noncitizen'' means any person 
     who is not a citizen or national of the United States.
       (2) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.

     SEC. 4. FEDERAL COMMISSION TO ADDRESS CHILD MARRIAGE.

       (a) In General.--There is established within the Department 
     of Health and Human Services a commission, to be known as the 
     National Commission to Combat Child Marriage in the United 
     States (in this section referred to as the ``Commission''), 
     which shall--
       (1) conduct a comprehensive study on child marriage in the 
     United States, including--
       (A) applicable laws, or the absence of laws, which define 
     or prohibit child marriage;
       (B) the extent to which such marriages currently occur;
       (C) the extent to which such marriages occurred over the 
     last 5 years in each State;
       (D) the circumstances in which such marriages take place 
     (including risk factors that may have played a role in such 
     marriages taking place); and
       (E) the impact of such marriages on the individuals who 
     were married before turning 18 years of age;
       (2) build upon the evaluations of other entities and avoid 
     unnecessary duplication, by reviewing the findings, 
     conclusions, and recommendations of other commissions, the 
     Federal Government, State and local governments, State task 
     forces, and nongovernmental entities relating to child 
     marriage in the United States;
       (3) submit a report on specific findings, conclusions, and 
     recommendations to eliminate child marriage in the United 
     States to--
       (A) the Committee on the Judiciary and the Committee on 
     Health, Education, Labor, and Pensions of the Senate;
       (B) the Committee on the Judiciary and the Committee on 
     Education and the Workforce of the House of Representatives;
       (C) the Secretary of Health and Human Services; and
       (4) carry out other duties as described in subsection (c).
       (b) Composition of Commission.--
       (1) Members.--The Commission shall be composed of 10 
     members, of whom--
       (A) 1 member shall be appointed by the President;
       (B) 1 member, who is of a different political party than 
     that of the member appointed under paragraph (1), shall be 
     appointed by the President;
       (C) 4 members shall be appointed by the Secretary of Health 
     and Human Services;
       (D) 1 member shall be appointed by the majority leader of 
     the Senate;
       (E) 1 member shall be appointed by the minority leader of 
     the Senate;
       (F) 1 member shall be appointed by the Speaker of the House 
     of Representatives; and
       (G) 1 member shall be appointed by the minority leader of 
     the House of Representatives.
       (2) Governmental appointees.--An individual appointed to 
     the Commission may not be an officer or employee of the 
     Federal Government.
       (3) Commission representation.--The Commission shall 
     include at least--
       (A) 1 survivor of child marriage;
       (B) 1 representative from a private nonprofit entity with 
     demonstrated expertise in working with survivors of child 
     marriage in the United States;
       (C) 1 representative from a private nonprofit entity with 
     demonstrated expertise in working with immigrant survivors of 
     child marriage in the United States; and
       (D) 1 representative from a private nonprofit entity with 
     demonstrated expertise in working with State governments to 
     limit child marriage.
       (4) Qualifications.--Members appointed under paragraph (1) 
     shall have demonstrated experience or expertise in--
       (A) providing services to survivors of child marriage in 
     the United States;
       (B) providing services to immigrant survivors of child 
     marriage in the United States;
       (C) working with State governments to limit child marriage;
       (D) the medical challenges that survivors of child marriage 
     face;
       (E) the mental health challenges that survivors of child 
     marriage face;
       (F) legal issues involving individuals who were married or 
     sought to marry before becoming 18 years of age;
       (G) conducting research on the impact of child marriage on 
     individuals who were married before becoming 18 years of age;
       (H) risk factors that play a role in child marriage; or
       (I) issues of forced or coerced marriage, family violence, 
     sexual assault, human trafficking, or child abuse.
       (5) Initial meeting.--Not later than 120 days after the 
     appointment of members of the Commission, the Commission 
     shall--
       (A) hold an initial meeting, at which the members shall 
     elect a Chairperson and Vice Chairperson, who shall be of 
     different political parties, from among such members and 
     shall determine a schedule of Commission meetings; and
       (B) begin the operations of the Commission.
       (6) Quorum and vacancy.--
       (A) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (B) Vacancy.--Any vacancy in the Commission shall not 
     affect its powers and shall be filled in the same manner in 
     which the original appointment was made.
       (c) Duties of the Commission.--The Commission shall--
       (1) conduct pursuant to subsection (a) a comprehensive 
     study that examines and assesses the adequacy of laws 
     addressing child marriage, the extent of child marriage 
     across the country, risk factors that play a role in child 
     marriage, and the impact of child marriage on those 
     individuals in the United States who marry before becoming 18 
     years of age, including making specific findings relating 
     to--
       (A) threats to such individuals' safety and well-being, 
     including--
       (i) physical and mental health, economic, and educational 
     impacts;
       (ii) forced or coerced marriage;
       (iii) family violence;
       (iv) vulnerability to abuse and exploitation;
       (v) sexual assault;
       (vi) child abuse and neglect; and
       (vii) human trafficking;
       (B) barriers to and gaps in services for minors facing the 
     threat of forced marriage or already married minors seeking 
     protection from abuse;
       (C) Federal laws, regulations, policies, and programs 
     relevant to child marriage and individuals who marry before 
     becoming 18 years of age; and
       (D) based on a survey of such laws, State laws defining or 
     prohibiting child marriage, including lessons learned from 
     States that have, or that lack, laws, regulations, and 
     policies to limit child marriage; and
       (2) submit to the President, the Secretary of Health and 
     Human Services, and Congress a report on the specific 
     findings, conclusions, and recommendations to address and 
     ultimately eliminate child marriage in the United States and 
     improve services and outcomes for survivors of child marriage 
     in the United States, including specific recommendations on 
     policies, regulations, and legislative changes as the 
     Commission considers appropriate to address child marriage in 
     the United States.
       (d) Powers of the Commission.--
       (1) Hearings.--The Commission may hold such hearings, meet 
     and act at such times and places, and receive such evidence 
     as may be necessary to carry out the functions of the 
     Commission.
       (2) Information from federal agencies.--
       (A) In general.--The Commission may access, to the extent 
     authorized by law, from any executive department, bureau, 
     agency, board, commission, office, independent establishment, 
     or instrumentality of the Federal Government such 
     information, suggestions, estimates, and statistics as the 
     Commission considers necessary to carry out this section.
       (B) Provision of information.--On written request of the 
     Chairperson of the Commission, each department, bureau, 
     agency, board, commission, office, independent establishment, 
     or instrumentality shall, to the extent authorized by law, 
     provide the requested information to the Commission.
       (C) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders.
       (3) Listening sessions.--The Commission shall organize and 
     facilitate listening sessions with survivors of, advocates on 
     issues relating to, and experts on child marriage in order to 
     discharge its duties under this section.
       (4) Donations.--The Commission may accept, use, and dispose 
     of donations of services or property.
       (5) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as a department or agency of the United States.
       (e) Travel Expenses.--Each member of the Commission shall 
     serve without compensation, but shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with applicable provisions in the same manner as 
     persons employed intermittently in the Government service are 
     allowed expenses under section 5703 of title 5, United States 
     Code.
       (f) Federal Advisory Committee Act Applicability.--Chapter 
     10 of title 5, United

[[Page S5784]]

     States Code, shall apply to the Commission, including the 
     staff of the Commission.
       (g) Reports of Commission and Termination.--
       (1) Interim report.--The Commission shall, not later than 1 
     year after the date of the initial meeting of the Commission, 
     submit to the President and Congress an interim report 
     containing specific findings, conclusions, and 
     recommendations required under this section as have been 
     agreed to by a majority of Commission members.
       (2) Other reports and information.--
       (A) Reports.--The Commission may issue additional reports 
     as the Commission determines necessary.
       (B) Information.--The Commission may hold public hearings 
     to collect information and shall make such information 
     available for use by the public.
       (3) Final report.--The Commission shall, not later than 2 
     years after the date of the initial meeting of the 
     Commission, submit a final report containing specific 
     findings, conclusions, and recommendations required under 
     this section as have been agreed to by a majority of 
     Commission members to--
       (A) the President;
       (B) the Secretary of Health and Human Services;
       (C) the Committee on the Judiciary and the Committee on 
     Health, Education, Labor, and Pensions of the Senate; and
       (D) the Committee on the Judiciary and the Committee on 
     Education and the Workforce of the House of Representatives.
       (4) Termination.--
       (A) In general.--The Commission, and all the authorities of 
     this section, shall terminate 180 days after the date on 
     which the final report is submitted under paragraph (3).
       (B) Records.--Not later than the date of termination of the 
     Commission under subparagraph (A), all records and papers of 
     the Commission shall be delivered to the Archivist of the 
     United States for deposit in the National Archives.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $1,500,000 for 
     each of fiscal years 2027 and 2028.

     SEC. 5. GAO REPORTS.

       (a) Definition.--In this section, the term ``appropriate 
     committees of Congress'' means the Committee on the Judiciary 
     and the Committee on Health, Education, and Labor, and 
     Pensions of the Senate and the Committee on the Judiciary and 
     the Committee on Education and the Workforce of the House of 
     Representatives.
       (b) Child Marriage in the United States.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate committees of Congress 
     a report describing--
       (A) Federal laws, regulations, policies, and programs 
     relevant to child marriage and individuals who marry before 
     becoming 18 years of age;
       (B) applicable laws, or the absence of laws, which define 
     or prohibit child marriage;
       (C) the extent to which such marriages occurred during the 
     5-year period ending on the date of enactment of this Act in 
     each State; and
       (D) research and studies published during the 10-year 
     period ending on the date of enactment of this Act 
     assessing--
       (i) the common or typical circumstances in which such 
     marriages take place, including information indicating the 
     prevalence of forced or coerced marriage and risk factors 
     that may have played a role in such marriages taking place; 
     and
       (ii) the impact of such marriages on the individuals who 
     were married before turning 18 years of age in the United 
     States, including the impact on the safety and well-being of 
     such individuals, including--

       (I) medical and mental health;
       (II) economic and educational outcomes;
       (III) risk of or vulnerability to--

       (aa) family violence;
       (bb) abuse or exploitation;
       (cc) sexual assault;
       (dd) child abuse or neglect; or
       (ee) human trafficking; and

       (IV) barriers to and gaps in services for minors facing the 
     threat of forced marriage or already married minors seeking 
     protection from abuse.

       (2) Assistance in obtaining information.--The Comptroller 
     General of the United States may request that States provide 
     the information necessary to address the portion of the 
     report required under paragraph (1)(C).
       (c) Child Marriage and Immigration.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter through 
     2030, the Comptroller General of the United States shall 
     submit to the appropriate committees of Congress a report 
     that assesses the extent to which--
       (A) noncitizens who were under 18 years of age on the date 
     of marriage are admitted to the United States as 
     beneficiaries of approved petitions submitted by the United 
     States citizen or lawful permanent resident spouses of the 
     noncitizens; and
       (B) the United States has admitted nonimmigrant spouses 
     who, on the date on which a nonimmigrant visa petition was 
     submitted for the principal noncitizens, were under 18 years 
     of age.
       (2) Elements.--Each report required under paragraph (1) 
     shall include the following:
       (A) For each petition described in paragraph (1)(A) 
     approved during the 2-year period preceding the report--
       (i) the gender of the beneficiary and petitioner;
       (ii) the ages of the beneficiary and petitioner on--

       (I) the date of the marriage;
       (II) the date on which the petition was submitted; and
       (III) the date on which the petition was approved; and

       (iii) in the case of a noncitizen who was under 18 years of 
     age on the date on which such a petition was submitted, a 
     description of the basis upon which the evidentiary 
     requirements were determined to have been met under, as 
     applicable--

       (I) clause (ii) of section 101(a)(15)(K) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(K)), as amended by 
     section 8 of this Act;
       (II) clause (iii)(II) of section 201(b)(2)(A) of that Act 
     (8 U.S.C. 1151(b)(2)(A)), as amended by section 8 of this 
     Act; or
       (III) subparagraph (A)(ii) of section 203(a)(2) of that Act 
     (8 U.S.C. 1153(a)(2)), as amended by section 8 of this Act.

       (B) A summary of feedback from adjudicators of such 
     petitions with respect to whether the evidentiary 
     requirements under the provisions described in subclauses (I) 
     through (III) of subparagraph (A)(ii) provide sufficient 
     guidance, and the manner in which such guidance may be 
     improved.
       (C) Specific conclusions and recommendations with respect 
     to whether a minimum age on the date of marriage should be 
     required for beneficiaries of petitions submitted by their 
     United States citizen or lawful permanent resident spouses.

     SEC. 6. GRANT PROGRAM FOR STATE TASK FORCES TO EXAMINE CHILD 
                   MARRIAGE.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.) is amended by adding at the end the following:

     ``SEC. 315. STATE TASK FORCES TO EXAMINE CHILD MARRIAGE.

       ``(a) In General.--
       ``(1) Program.--From amounts made available under 
     subsection (c), the Secretary may award grants, on a 
     competitive basis, to eligible States to establish a State-
     based task force to examine child marriage in the eligible 
     State.
       ``(2) Eligible state.--In this section, the term `eligible 
     State' means a State that permits an individual younger than 
     18 years of age to marry.
       ``(3) Applications.--To be eligible to receive a grant 
     under paragraph (1), an eligible State shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(b) State Task Force.--
       ``(1) In general.--An eligible State awarded a grant under 
     subsection (a)(1) shall establish a task force to examine 
     child marriage in the eligible State.
       ``(2) Appointees.--A task force established under paragraph 
     (1) shall include individuals with--
       ``(A) advocacy expertise in combating family violence, 
     sexual assault, human trafficking, or child abuse or neglect 
     issues;
       ``(B) experience in social work or school counseling, with 
     preference for such individuals with experience providing 
     culturally specific services;
       ``(C) experience in providing legal assistance to survivors 
     of family violence, sexual assault, or human trafficking, 
     with a preference for such individuals with experience 
     serving such survivors who are younger than 18 years of age;
       ``(D) experience in providing legal assistance to 
     individuals with needs for child protection services, 
     including foster youth, homeless and runaway youth, and youth 
     otherwise at-risk for needing such services;
       ``(E) judicial experience with cases involving child 
     protection and family violence issues;
       ``(F) legal experience with cases involving emancipation, 
     guardianship, or child-specific protection orders, with 
     special preference for such individuals who have worked on 
     cases involving forced or coerced marriage; or
       ``(G) professional medical or mental health experience.
       ``(3) Tasks.--A task force established under paragraph (1) 
     shall--
       ``(A) collect Statewide statistics for each of the 10 years 
     preceding the date of the grant award on the number, age, 
     gender, and residency of individuals in the eligible State 
     who were younger than 18 years of age at the time of the 
     marriage of such individual;
       ``(B) examine the risk factors that lead to child marriage 
     and negative impacts from child marriage in the eligible 
     State, including the relationship between child marriage and 
     threats to a minor's safety, health, and well-being, and 
     including risk factors and impacts such as forced or coerced 
     marriage, family violence, sexual assault, child abuse and 
     neglect, human trafficking, educational impacts, poverty, and 
     other negative impacts on individuals who are younger than 18 
     years of age who marry;
       ``(C) examine whether marriages that include an individual 
     younger than 18 years of age should be prohibited in the 
     eligible State;
       ``(D) develop policy recommendations for the eligible State 
     to address negative impacts of child marriage on individuals 
     and

[[Page S5785]]

     the intersection between child marriage and forced or coerced 
     marriage, family violence, sexual assault, child abuse and 
     neglect, and human trafficking; and
       ``(E) prepare a report with the recommendations of the task 
     force, including on protecting individuals who are younger 
     than 18 years of age from the negative impacts of child 
     marriage and forced or coerced marriages and enabling 
     already-married individuals who are younger than 18 years of 
     age to protect themselves from abuse.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $375,000 for 
     each of fiscal years 2027 through 2032.''.

     SEC. 7. STATE INCENTIVES TO ELIMINATE CHILD MARRIAGE.

       (a) Definitions.--In this section, the term ``covered 
     formula grant'' means a grant under--
       (1) part T of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly 
     referred to as the ``STOP Violence Against Women Formula 
     Grant Program''); or
       (2) section 41601 of the Violence Against Women Act of 1994 
     (34 U.S.C. 12511) (commonly referred to as the ``Sexual 
     Assault Services Program'').
       (b) Increased Funding for Formula Grants Authorized.--The 
     Attorney General shall increase the amount provided to a 
     State under the covered formula grants in accordance with 
     this section if the State has in place a law that prohibits 
     marriage for individuals who have not attained 18 years of 
     age or, if more than 18 years of age, the age of majority for 
     the State.
       (c) Application.--A State seeking an increase in the amount 
     provided to the State under the covered formula grants shall 
     include in the application of the State for each covered 
     formula grant such information as the Attorney General may 
     reasonably require, including information about the law 
     described in subsection (b).
       (d) Grant Increase.--The amount of the increase provided to 
     a State under the covered formula grants under this section 
     shall be equal to not more than 10 percent of the average of 
     the total amount of funding provided to the State under the 
     covered formula grants under the 3 most recent awards to the 
     State.
       (e) Period of Increase.--
       (1) In general.--The Attorney General shall provide an 
     increase in the amount provided to a State under the covered 
     formula grants under this section for a 2-year period.
       (2) Limit.--The Attorney General may not provide an 
     increase in the amount provided to a State under the covered 
     formula grants under this section more than 4 times.
       (f) Allocation of Increased Formula Grant Funds.--The 
     Attorney General shall allocate an increase in the amount 
     provided to a State under the covered formula grants under 
     this section such that--
       (1) 25 percent the amount of the increase is provided under 
     the program described in subsection (a)(1); and
       (2) 75 percent the amount of the increase is provided under 
     the program described in subsection (a)(2).
       (g) Authorization of Appropriations.--If the National 
     Commission to Combat Child Marriage in the United States 
     submits the interim report required under section 4(g)(1), 
     there is authorized to be appropriated to carry out this 
     section $5,000,000 for each of fiscal years 2027 through 
     2032.

     SEC. 8. FEDERAL LIMITATIONS ON CHILD MARRIAGE.

       No property that is on any land or in any building owned 
     by, leased to, or otherwise used by or under the control of 
     the Federal Government may be used to facilitate a marriage 
     unless both of the individuals marrying are at least 18 years 
     of age at the time of the marriage.

     SEC. 9. DEPARTMENT OF JUSTICE EFFORTS TO ADDRESS CHILD 
                   MARRIAGE.

       (a) In General.--The Attorney General shall establish a 
     working group which shall, not later than 180 days after the 
     date on which the National Commission to Combat Child 
     Marriage in the United States issues the final report 
     required under section 4(g)(3), promulgate a model State 
     statute that prohibits child marriage by requiring a person 
     to be at least 18 years of age or, for a State with an age of 
     majority that is older than 18 years of age, the age of 
     majority in the State, at the time of marriage.
       (b) Composition of the Working Group.--The working group 
     established under subsection (a) shall be composed of 8 
     members, of whom at least 1 member shall be from the 
     following components of the Department of Justice:
       (1) The Office of Legal Policy.
       (2) The Office of Legislative Affairs.
       (3) The Child Exploitation and Obscenity Section of the 
     Criminal Division.
       (4) The Human Rights and Special Prosecutions Section of 
     the Criminal Division.
       (5) The Human Trafficking Prosecution Unit of the Civil 
     Rights Division.
       (6) The Office of Violence Against Women.

     SEC. 10. MODIFICATIONS TO IMMIGRATION PROVISIONS RELATING TO 
                   MARRIAGE.

       (a) Definitions.--In this section:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this section that is used in the immigration 
     laws shall have the meaning given the term in the immigration 
     laws.
       (2) Immigration laws.--The term ``immigration laws'' has 
     the meaning given the term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (b) Modifications to Immigration Provisions Relating to 
     Marriage.--
       (1) Definition of noncitizen.--Section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
     by adding at the end the following:
       ``(53) The term `noncitizen' means any person who is not a 
     citizen or national of the United States.''.
       (2) Classifications relating to visas for noncitizen 
     fiances and spouses.--
       (A) K visas.--Section 101(a)(15)(K) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended to read 
     as follows:
       ``(K) subject to subsections (d) and (r) of section 214, a 
     noncitizen--
       ``(i)(I) who is the fiancee or fiance of a citizen of the 
     United States (other than a citizen described in section 
     204(a)(1)(A)(viii)(I)) who is at least 18 years of age; and
       ``(II) who--
       ``(aa) seeks to enter the United States solely to conclude 
     a valid marriage with the petitioner within ninety days after 
     admission; and
       ``(bb) is at least 18 years of age;
       ``(ii)(I) who has concluded a valid marriage with a citizen 
     of the United States who is the petitioner who is at least 18 
     years of age and was at least 18 years of age on the date of 
     the marriage (other than a citizen described in section 
     204(a)(1)(A)(viii)(I)); and
       ``(II) who--
       ``(aa) is the beneficiary of a petition to accord a status 
     under section 201(b)(2)(A)(i) that was filed under section 
     204 by the petitioner;
       ``(bb) seeks to enter the United States to await the 
     approval of such petition and the availability to the 
     noncitizen of an immigrant visa; and
       ``(cc) is at least 18 years of age, or is at least 16 years 
     of age and is granted a waiver of such age requirement based 
     on a compelling humanitarian reason for the issuance of a 
     visa, arising from a risk of individualized and targeted harm 
     to such noncitizen, and which shall not include parental 
     consent, a child in common with the petitioner, pregnancy, or 
     any combination thereof; or
       ``(iii) who is the minor child of a noncitizen described in 
     clause (i) or (ii) and is accompanying, or following to join, 
     the noncitizen.''.
       (B) Immediate relatives.--Section 201(b)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)) is 
     amended by adding at the end the following:
       ``(iii) For purposes of this subparagraph, a noncitizen 
     spouse may only be considered the immediate relative of a 
     United States citizen spouse if--
       ``(I) the United States citizen spouse is at least 18 years 
     of age and was at least 18 years of age at the time of 
     marriage; and
       ``(II) the noncitizen spouse is--
       ``(aa) at least 18 years of age; or
       ``(bb) at least 16 years of age and has been granted a 
     waiver of the age requirement under item (aa) based on a 
     compelling humanitarian reason for the issuance of a visa, 
     arising from a risk of individualized and targeted harm to 
     the noncitizen seeking a visa, and which shall not include 
     parental consent, a child in common with the petitioner, 
     pregnancy, or any combination thereof.''.
       (C) Spouses of lawful permanent residents.--Section 
     203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1153(a)(2)) is amended by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A) who--
       ``(i) are the spouses of noncitizens lawfully admitted for 
     permanent residence aged 18 years or older and who were at 
     least 18 years of age at the time of marriage; and
       ``(ii)(I) are at least 18 years of age; or
       ``(II) are at least 16 years of age and have been granted a 
     waiver of the age requirement under subclause (I) based on a 
     compelling humanitarian reason for the issuance of a visa, 
     arising from a risk of individualized and targeted harm to 
     the noncitizen seeking a visa, and which shall not include 
     parental consent, a child in common with the petitioner, 
     pregnancy, or any combination thereof;
       ``(B) who are the children of noncitizens lawfully admitted 
     for permanent residence; or
       ``(C) who are the unmarried sons or unmarried daughters 
     (but are not the children) of noncitizens lawfully admitted 
     for permanent residence,''.
       (3) Rule of construction.--The amendments made by this 
     subsection may not be construed to preclude, limit, or modify 
     eligibility of any noncitizen spouse subjected to battery or 
     extreme cruelty and otherwise eligible for relief as a VAWA 
     self-petitioner (as defined in section 101(a)(51) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(51))), or 
     any battered spouse (within the meaning of section 240A(b)(2) 
     of that Act (8 U.S.C. 1229b(b)(2))), for any available relief 
     under the immigrations laws without regard to either spouse's 
     age at time of marriage.
       (4) Applicability.--The amendments made by this subsection 
     shall only apply to petitions or applications for any status 
     or benefit under the immigration laws that are filed or 
     otherwise submitted on or after the date of the enactment of 
     this Act.
       (c) Proxy Marriage.--Section 101(a)(35) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(35)) is amended by 
     striking ``marriage shall have been consummated'' and 
     inserting ``parties have met in person during the 2-year 
     period immediately preceding the date of the ceremony''.
       (d) Public Education on Changes to Immigration Law.--

[[Page S5786]]

       (1) In general.--Beginning on the date of the enactment of 
     this Act, the Secretary of Homeland Security and the 
     Secretary of State, in coordination with the head of any 
     other appropriate Federal agency, shall immediately, and on 
     an ongoing basis, provide educational materials and 
     information to the public, in multiple languages, on the 
     amendments made by this section and the changes to 
     immigration law made by such amendments.
       (2) Elements.--At a minimum, the educational materials and 
     information provided under paragraph (1) shall be--
       (A) made available in multiple languages on the internet 
     website of U.S. Citizenship and Immigration Services, 
     including--
       (i) on the U.S. Citizenship and Immigration Services 
     homepage; and
       (ii) at https://www.uscis.gov/humanitarian/forced-marriage;
       (B) on view in public areas of the offices of U.S. 
     Citizenship and Immigration Services in English and the 1 or 
     more primary languages of the country in which the office is 
     located, as applicable;
       (C) presented through U.S. Citizenship and Immigration 
     Services community forums with immigrant communities in the 
     United States;
       (D) provided to all registered immigration legal services 
     providers in the United States for distribution to the 
     community;
       (E) made available on all relevant pages of the internet 
     website of the Department of State;
       (F) on view at United States embassies and consulates, in 
     English and the 1 or more primary languages of the applicable 
     country; and
       (G) incorporated into video advisories on immigration 
     requirements shown at United States embassies, consulates, 
     and ports of entry.
       (e) Promotion of Information on Child Marriage.--
       (1) In general.--Beginning on the date of the enactment of 
     this Act, the Secretary of Homeland Security, the Secretary 
     of Health and Human Services, and the Attorney General, in 
     coordination with the head of any other appropriate Federal 
     agency, shall immediately, and on an ongoing basis, promote 
     information on--
       (A) the harmful impacts of child marriage described in 
     section 2; and
       (B) the governmental and nongovernmental resources an 
     individual may contact to receive support services relating 
     to such impacts.
       (2) Elements.--At a minimum, the information provided under 
     paragraph (1) shall be--
       (A) made available in multiple languages on the internet 
     website of U.S. Citizenship and Immigration Services;
       (B) presented through U.S. Citizenship and Immigration 
     Services community forums with immigrant communities in the 
     United States;
       (C) incorporated into video advisories on immigration 
     requirements shown at United States embassies, consulates, 
     and ports of entry;
       (D) provided to all registered immigration legal services 
     providers and refugee resettlement agencies in the United 
     States or distribution to the community; and
       (E) made available on all relevant pages of the internet 
     website of the Department of State.
       (f) Updates to Immigration Forms.--The instructions for 
     Form I-130 (Petition for Alien Relatives) and Form I-129F 
     (Petition for Alien Fiance(e)) shall be updated to reflect 
     the amendments made by this section and the modifications to 
     the immigration laws made by such amendments.
       (g) Public Education.--
       (1) In general.--Beginning on the date of the enactment of 
     this Act, the Federal Government shall immediately, and on an 
     ongoing basis, provide educational materials and information 
     to the public, in multiple languages, on the amendments made 
     by this section and the changes to immigration law made by 
     such amendments.
       (2) Elements.--At a minimum, the educational materials and 
     information provided under paragraph (1) shall be--
       (A) made available on the internet website of U.S. 
     Citizenship and Immigration Services, including--
       (i) on the U.S. Citizenship and Immigration Services 
     homepage; and
       (ii) at https://www.uscis.gov/humanitarian/forced-marriage;
       (B) on view in publicly accessible areas of the offices of 
     U.S. Citizenship and Immigration Services;
       (C) presented through U.S. Citizenship and Immigration 
     Services community forums with immigrant communities in the 
     United States;
       (D) provided to all registered immigration legal services 
     providers in the United States for distribution to the 
     community;
       (E) made available on the internet website of the 
     Department of State, including at--
       (i) https://travel.state.gov/content/travel.html;
       (ii) https://travel.state.gov/content/travel/en/us-
visas.html; and
       (iii) https://travel.state.gov/content/travel/en/
international-travel/emergencies/forced-marriage.html;
       (F) on view at United States embassies and consulates, in 
     English and the 1 or more primary languages of the applicable 
     country;
       (G) incorporated into video advisories on immigration 
     requirements shown at United States embassies, consulates, 
     and ports of entry; and
       (H) included in the advisory pamphlet required under 
     section 833 of the International Marriage Broker Regulation 
     Act of 2005 (Public Law 109-162; 119 Stat. 3068) entitled 
     ``Information on the Legal Rights Available to Immigrant 
     Victims of Domestic Violence in the United States and Facts 
     about Immigrating on a Marriage-Based Visa'', which is 
     distributed directly to applicants for family-based 
     immigration petitions at all consular and adjustment 
     interviews for marriage-based visas.
       (h) Distribution of Department of Homeland Security Gender-
     based Violence Pamphlet (gbv Pamphlet).--The gender-based 
     violence pamphlet developed by the Department of Homeland 
     Security as part of the Blue Campaign (referred to in this 
     subsection as the ``GBV pamphlet'') shall be made available 
     and distributed as follows:
       (1) Inclusion in immigration forms.--The instructions for 
     Form I-130 (Petition for Alien Relatives) and Form I-129F 
     (Petition for Alien Fiance(e)) shall include--
       (A) the GBV pamphlet in its entirety, in English, under the 
     following section heading: ``The pamphlet below describes 
     what gender-based violence (GBV) is, who is affected by GBV, 
     and how and where to seek help if you or someone you know is 
     experiencing any form of GBV. These materials are also 
     available in Arabic, Bengali, Chinese (Traditional), French, 
     Hindi, Portuguese, Russian, Somali, Spanish, and Urdu.''; and
       (B) within the section heading preceding the GBV pamphlet 
     described in subparagraph (A), a link to the Blue Campaign 
     GBV pamphlet landing page, https://www.dhs.gov/blue-campaign/
publication/gender-based-pamphlets-and-flyers.
       (2) Mailing to petitioner and beneficiary.--
       (A) In general.--The Director of U.S. Citizenship and 
     Immigration Services shall mail the GBV pamphlet to each 
     petitioner and beneficiary of a K nonimmigrant visa pursuant 
     to section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)) upon 
     receipt of an application for such a visa.
       (B) Language.--Each GBV pamphlet mailed under subparagraph 
     (A) shall be the version in the primary language of the 
     petitioner and the primary language of the beneficiary, or in 
     English if a translation into such language is unavailable.
       (3) Posting on national visa center website.--The Secretary 
     of State shall post the GBV pamphlet on the internet website 
     of--
       (A) the National Visa Center; and
       (B) each consular post that processes K nonimmigrant visa 
     applications.
       (4) Consular interviews.--
       (A) In general.--The Secretary of State shall ensure that 
     the GBV pamphlet is distributed directly to K nonimmigrant 
     visa applicants at all consular interviews for such visas.
       (B) Language.--If a written translation of the GBV pamphlet 
     is unavailable in an applicant's primary language, the 
     consular officer conducting the visa interview shall--
       (i) review the contents of pamphlet with the applicant 
     orally in the applicant's primary language; and
       (ii) distribute the pamphlet to the applicant in English.
       (5) Display and availability at embassies and consulates.--
     The Secretary of State shall ensure that the GBV pamphlet--
       (A) is displayed at each United States embassy and 
     consulate; and
       (B) made available in English and, if available, the 
     primary language of the location of the embassy or consulate.
       (6) Display and availability at u.s. citizenship and 
     immigration services offices.--The Secretary of Homeland 
     Security shall ensure that the GBV pamphlet is displayed and 
     made available in English at each U.S. Citizenship and 
     Immigration Services office at which applicant interviews for 
     K nonimmigrant visas are conducted.

                          ____________________