S.Amdt. 2486

SA 2486. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

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

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

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

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

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

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