[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.
____________________