[Congressional Record Volume 164, Number 109 (Thursday, June 28, 2018)]
[Senate]
[Pages S4737-S4741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN (for herself and Mr. Blumenthal):
S. 3155. A bill to ban the use of ortho-phthalate chemicals as food
contact substances; to the Committee on Health, Education, Labor, and
Pensions.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Protect
Our Food From Phthalate Contamination Act. This bill would ban
chemicals called ortho-phthalates from materials that come in contact
with our food, because these phthalates have been found to actually
leach into what we eat.
Phthalates have been known to interfere with the body's hormones,
leading to a range of health concerns including reproductive harm.
These chemicals have also been linked to learning and behavior problems
in children and insulin resistance in adolescents and adults.
According to a recent study, individuals who regularly eat out had 30
percent higher phthalate levels. The findings for teenagers are
particularly troubling, where testing showed phthalate levels 55
percent higher than people who ate at home. Enjoying a meal out or
using packaged food to prepare meals on a busy schedule shouldn't come
with the cost of chemical exposure that can cause harm.
We've already banned certain phthalates from children's toys due to
serious health concerns, and now we need to remove the exposure through
the food we eat. Phthalates can be found throughout the food supply
chain, from the plastic gloves worn to handle food to the containers
and wrappings used for packaging.
This legislation would specifically ban the type of phthalates,
ortho-phthalates, currently being used in some food production and
packaging, and require that any substance used as a replacement is also
safe. The bill would implement the ban over the course of two years, so
that companies have time to phase out these harmful chemicals.
This bill is supported by several health and consumer organizations,
including the American Academy of Pediatrics, Breast Cancer Prevention
Partners, Earthjustice, Environmental Defense Fund, Environmental
Health Strategy Center, Environmental Working Group, and Safer
Chemicals, Healthy Families.
I appreciate the support of my colleague, Senator Blumenthal, who is
an original cosponsor of the bill. I look forward to working with my
colleagues on this important issue. Thank you Mr. President and I yield
the floor.
______
By Ms. COLLINS (for herself, Mr. Cardin, Mr. Wicker, Mr. King,
and Ms. Stabenow):
S. 3160. A bill to amend title XVIII of the Social Security Act to
improve access to, and utilization of, bone mass measurement benefits
under part B of the Medicare program by establishing a minimum payment
amount under such part for bone mass measurement; to the Committee on
Finance.
Mr. CARDIN. Mr. President, I rise today to introduce legislation with
my colleague from Maryland, Senator Ben Cardin, which would increase
access to preventive bone density screenings and improve osteoporosis
diagnosis and treatment in the process. We are pleased to have Senators
Wicker, King, and Stabenow as cosponsors.
The public health risk of osteoporosis cannot be understated. Today,
approximately 54 million Americans either have osteoporosis or low bone
mass, which places them at increased risk for osteoporosis. Women are
disproportionally affected, accounting for 71 percent of osteoporotic
fractures and 75 percent of costs. Osteoporosis is often called ``the
silent disease'' because bone loss usually occurs gradually over the
years without symptoms.
As the NIH Osteoporosis and Related Bone Disease National Resource
Center observes, falls are especially dangerous for people who are
unaware that they have low bone density. If the patient and the doctor
fail to connect the broken bone to osteoporosis, the chance to make a
diagnosis with a bone density test and begin a prevention or treatment
program is lost.
Early diagnosis and treatment of osteoporosis are proven to
dramatically reduce fracture rates, and appropriate reimbursement for
tests that measure bone mass and predict fracture risk are necessary to
maintain patient access to care, particularly in rural or underserved
areas. Our legislation, the Increasing Access to Osteoporosis Testing
for Medicare Beneficiaries Act of 2018, tackles a proven barrier to
proper screening by creating a floor reimbursement rate under Medicare
for the dual energy X-ray absorptiometry (DXA) test, the ``gold
standard'' for osteoporosis diagnosis.
Congress has twice recognized the importance of reversing Medicare
cuts to DXA reimbursement in order to maintain patient access, yet the
Medicare reimbursement rate for DXA tests administered in a doctor's
office has declined from $140 in 2006 to only $42 in 2018--a dramatic
70 percent decline. The National Osteoporosis Foundation has found that
declining reimbursement rates have created a 26 percent decline in
physicians performing DXA tests since 2008, resulting in a
corresponding 22 percent decline in diagnoses since 2009.
Regrettably, as a result of reduced screenings due to declining
reimbursements, it is estimated that more than 40,000 additional hip
fractures occur each year, resulting in nearly 10,000 additional hip
fracture-related deaths. As osteoporosis is already under-diagnosed in
the Medicare population, it is clear that we must change this
trajectory.
This legislation is endorsed by the American Association of Clinical
Endocrinologists, the National Osteoporosis Foundation, and more than
forty additional national medical societies and patient advocate
organizations. I thank Senator Cardin for joining me in this effort to
increase patient access to osteoporosis screening and diagnosis, while
lowering costs and consequences resulting from a lack of diagnosis. I
encourage my colleagues to support its adoption.
______
By Mr. LEAHY (for himself and Mrs. Murray):
S. 3162. A bill to provide oversight of the border zone in which
Federal agents may conduct vehicle checkpoints and stops and enter
private land
[[Page S4738]]
without a warrant, and to make technical corrections; to the Committee
on the Judiciary.
Mr. LEAHY. Mr. President, today, I am joining with Senator Murray in
introducing the Border Zone Reasonableness Restoration Act of 2018.
This legislation, if enacted, will establish critical privacy
protections for Americans by limiting the unjustifiably wide ``border
zone'' within which Department of Homeland Security officers may--
without a warrant--stop vehicles and search private land for the
purpose of patrolling the border.
The current 100 mile ``border zone'' was established through
regulatory fiat. While the Fourth Amendment allows limited exceptions
to the warrant requirement at or close to the border, this 100 mile
zone is neither limited nor reasonable. It includes marine borders. At
present, it encompasses almost two-thirds of the population of the
United States. This includes major cities such as New York, Seattle,
Chicago, New Orleans, and Los Angeles, even the ``border town'' of
Richmond, Virginia, as well as entire states such as Maine, Delaware,
and Florida.
The need for this legislation has never been clearer. The Trump
administration's aggressive yet wasteful use of immigration enforcement
resources has subjected law-abiding citizens to needless and intrusive
searches at Customs and Border Protection (CBP) checkpoints far from
the border. Not only do these searches produce minimal value to border
enforcement, they violate the constitutionally protected privacy of
citizens and residents of border regions, including in my home State of
Vermont. Recently, CBP agents in Vermont have boarded Greyhound buses
in Burlington without a warrant and inquired about the citizenship of
passengers. They have targeted international college students for
questioning about their legal status. In the nearby States of Maine and
New Hampshire, they have shut down interstate highways with immigration
checkpoints. In Montana, a CBP agent even stopped an American citizen
simply for speaking Spanish.
This should not be a partisan issue. This is about ensuring that
every person in this Nation receives the constitutional protections to
which they are entitled. Both the American Civil Liberties Union and
the Cato Institute have sharply criticized these practices as
problematic under the Fourth Amendment. Vermonters have rightly been
concerned about these expanded border zone searches. They believe, as I
do, that once inside our country the phrase `show me your papers' does
not belong inside the United States of America.
The Border Zone Reasonableness Restoration Act is based on an
amendment that Senator Murray and I successfully attached to
immigration reform legislation in 2013 during the Obama Administration.
The 100 mile ``border zone''--and the similar 25 mile zone where many
types of warrantless property searches are permitted--predates this
current administration, but the actions of this administration have
shown just how much we need legislation like this today.
The Fourth Amendment does not stop 100 miles from our land and sea
borders. Its protections extend whether in the heart of Kansas or in
the middle of Vermont. Ensuring that the protections of the Fourth
Amendment are available to everyone within the United States should be
important to all of us, regardless of party or ideology. I hope all
Senators will support this commonsense measure to ensure the Fourth
Amendment is upheld.
______
By Mr. CORNYN (for himself and Mrs. Feinstein):
S. 3170. A bill to amend title 18, United States Code, to make
certain changes to the reporting requirement of certain service
providers regarding child sexual exploitation visual depictions, and
for other purposes; to the Committee on the Judiciary.
Mr. CORNYN. Mr. 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. 3170
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 ``CyberTipline Modernization
Act of 2018''.
SEC. 2. ALTERATIONS TO REPORTING REQUIREMENTS FOR ELECTRONIC
SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE
PROVIDERS.
Section 2258A of title 18, United States Code, is amended--
(1) in the heading, by striking ``electronic communication
service providers and remote computing service providers''
and inserting ``providers'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Duty.--In order to reduce the proliferation of online
child sexual exploitation and to prevent the online sexual
exploitation of children, a provider--
``(i) shall, as soon as reasonably possible after obtaining
actual knowledge of any facts or circumstances described in
paragraph (2)(A), take the actions described in subparagraph
(B); and
``(ii) may, after obtaining actual knowledge of any facts
or circumstances described in paragraph (2)(B), take the
actions described in subparagraph (B).
``(B) Actions described.--The actions described in this
subparagraph are--
``(i) providing to the CyberTipline of NCMEC, or any
successor to the CyberTipline operated by NCMEC, the mailing
address, telephone number, facsimile number, electronic
mailing address of, and individual point of contact for, such
provider; and
``(ii) making a report of such facts or circumstances to
the CyberTipline, or any successor to the CyberTipline
operated by NCMEC.''; and
(B) by amending paragraph (2) to read as follows:
``(2) Facts or circumstances.--
``(A) Apparent violations.--The facts or circumstances
described in this subparagraph are any facts or circumstances
from which there is an apparent violation of section 2251,
2251A, 2252, 2252A, 2252B, or 2260 that involves child
pornography.
``(B) Imminent violations.--The facts or circumstances
described in this subparagraph are any facts or circumstances
which indicate a violation of any of the sections described
in subparagraph (A) involving child pornography may be
planned or imminent.'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``To the extent'' and inserting ``In an
effort to prevent the future sexual victimization of
children, and to the extent'';
(ii) by striking ``an electronic communication service
provider or a remote computing service provider'' and
inserting ``a provider''; and
(iii) by striking ``may include'' and inserting ``may, at
the sole discretion of the provider, include'';
(B) in paragraph (1)--
(i) by inserting ``or plans to violate'' after ``who
appears to have violated''; and
(ii) by inserting ``payment information (excluding
personally identifiable information),'' after ``uniform
resource locator,'';
(C) in paragraph (2)--
(i) by striking ``an electronic communication service
provider or a remote computing service provider'' and
inserting ``a provider'';
(ii) by striking ``apparent child pornography'' each place
it appears and inserting ``content relating to the report'';
and
(iii) by striking ``the electronic communication service
provider or a remote computing service provider'' and
inserting ``the provider'';
(D) by amending paragraph (3) to read as follows:
``(3) Geographic location information.--Information
relating to the geographic location of the involved
individual or website, which may include the Internet
Protocol address or verified address, or, if not reasonably
available, at least one form of geographic identifying
information, including area code or zip code, provided by the
customer or subscriber, or stored or obtained by the
provider.'';
(E) in paragraph (4)--
(i) in the heading by striking ``Images'' and inserting
``Visual depictions'';
(ii) by striking ``image'' and inserting ``visual
depiction''; and
(iii) by inserting ``or other content'' after ``apparent
child pornography''; and
(F) in paragraph (5)--
(i) by striking ``image'' and inserting ``visual
depiction'';
(ii) by inserting ``or other content'' after ``apparent
child pornography''; and
(iii) by striking ``images'' and inserting ``visual
depictions'';
(4) by amending subsection (c) to read as follows:
``(c) Forwarding of Report to Law Enforcement.--Pursuant to
its clearinghouse role as a private, nonprofit organization,
and at the conclusion of its review in furtherance of its
nonprofit mission, NCMEC shall make available each report
made under subsection (a)(1) to one or more of the following
law enforcement agencies:
``(1) Any Federal law enforcement agency that is involved
in the investigation of child sexual exploitation,
kidnapping, or enticement crimes.
``(2) Any State or local law enforcement agency that is
involved in the investigation of child sexual exploitation.
``(3) A foreign law enforcement agency designated by the
Attorney General under subsection (d)(3) or a foreign law
enforcement
[[Page S4739]]
agency that has an established relationship with the Federal
Bureau of Investigation, Immigration and Customs Enforcement,
or INTERPOL, and is involved in the investigation of child
sexual exploitation, kidnapping, or enticement crimes.'';
(5) in subsection (d)--
(A) in paragraph (2), by striking ``shall designate
promptly the'' and inserting ``may designate a'';
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by striking
``shall promptly'' and inserting ``may''; and
(ii) in subparagraph (A), by striking ``designate the'' and
inserting ``designate'';
(C) in paragraph (4)--
(i) by striking ``shall'' and inserting ``may'';
(ii) by striking ``the National Center for Missing and
Exploited Children'' and inserting ``NCMEC'';
(iii) by striking ``electronic communication service
providers, remote computing service providers'' and inserting
``providers'';
(D) by striking paragraph (5);
(E) by redesignating paragraph (6) as paragraph (5); and
(F) by amending paragraph (5), as so redesignated, to read
as follows:
``(5) Notification to providers.--
``(A) In general.--NCMEC may notify a provider of the
information described in subparagraph (B), if--
``(i) a provider notifies NCMEC that the provider is making
a report under this section as the result of a request by a
foreign law enforcement agency; and
``(ii) NCMEC forwards the report described in clause (i)
to--
``(I) the requesting foreign law enforcement agency; or
``(II) another agency in the same country designated by the
Attorney General under paragraph (3) or that has an
established relationship with the Federal Bureau of
Investigation, U.S. Immigration and Customs Enforcement, or
INTERPOL and is involved in the investigation of child sexual
exploitation, kidnapping, or enticement crimes.
``(B) Information described.--The information described in
this subparagraph is--
``(i) the identity of the foreign law enforcement agency to
which the report was forwarded; and
``(ii) the date on which the report was forwarded.
``(C) Notification of inability to forward report.--If a
provider notifies NCMEC that the provider is making a report
under this section as the result of a request by a foreign
law enforcement agency and NCMEC is unable to forward the
report as described in subparagraph (A)(ii), NCMEC shall
notify the provider that NCMEC was unable to forward the
report.'';
(6) in subsection (e), by striking ``An electronic
communication service provider or remote computing service
provider'' and inserting ``A provider'';
(7) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking ``an
electronic communication service provider or remote computing
service provider'' and inserting ``a provider'';
(B) in paragraph (3), by striking ``seek'' and inserting
``search, screen, or scan for'';
(8) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A)(vi), by striking ``an electronic
communication service provider or remote computing service
provider'' and inserting ``a provider''; and
(ii) by amending subparagraph (B) to read as follows:
``(B) Limitation.--Nothing in subparagraph (A)(vi)
authorizes a law enforcement agency to provide visual
depictions of apparent child pornography to a provider.'';
(B) in paragraph (3)--
(i) in the paragraph heading, by striking ``the national
center for missing and exploited children'' and inserting
``NCMEC'';
(ii) in the matter preceding subparagraph (A)--
(I) by striking ``The National Center for Missing and
Exploited Children'' and inserting ``NCMEC'';
(II) by inserting after ``may disclose'' the following:
``by mail, electronic transmission, or other reasonable
means,''; and
(III) by striking ``only'' and inserting ``only to'';
(iii) in subparagraph (A)--
(I) by striking `` to any Federal law enforcement agency''
and inserting ``any Federal law enforcement agency''; and
(II) by inserting before the semicolon at the end the
following: ``or that is involved in the investigation of
child sexual exploitation, kidnapping, or enticement
crimes'';
(iv) in subparagraph (B)--
(I) by striking ``to any State'' and inserting ``any
State''; and
(II) by striking ``child pornography, child exploitation''
and inserting ``child sexual exploitation'';
(v) in subparagraph (C)--
(I) by striking ``to any foreign law enforcement agency''
and inserting ``any foreign law enforcement agency''; and
(II) by striking ``; and'' and inserting ``or that has an
established relationship with the Federal Bureau of
Investigation, Immigration and Customs Enforcement, or
INTERPOL, and is involved in the investigation of child
sexual exploitation, kidnapping, or enticement crimes;'';
(vi) in subparagraph (D)--
(I) by striking ``to an electronic communication service
provider or remote computing service provider'' and inserting
``a provider''; and
(II) by striking the period at the end and inserting ``;
and''; and
(vii) by adding after subparagraph (D) the following:
``(E) respond to legal process, as necessary.''; and
(C) by adding at the end the following:
``(4) Permitted disclosure by a provider.--A provider that
submits a report under subsection (a)(1) may disclose by
mail, electronic transmission, or other reasonable means,
information, including visual depictions contained in the
report, in a manner consistent with permitted disclosures
under paragraphs (3) through (8) of section 2702(b) only to a
law enforcement agency described in subparagraph (A), (B), or
(C) of paragraph (3), to NCMEC, or as necessary to respond to
legal process.''; and
(9) in subsection (h)--
(A) in paragraph (1)--
(i) by striking ``the notification to an electronic
communication service provider or a remote computing service
provider by the CyberTipline of receipt of a report'' and
inserting ``a completed submission by a provider of a report
to the CyberTipline''; and
(ii) by striking ``, as if such request was made pursuant
to section 2703(f)'' and inserting ``the contents provided in
the report for 90 days after the submission to the
CyberTipline'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(D) in paragraph (2), as so redesignated--
(i) in the heading, by striking ``images'' and inserting
``content'';
(ii) by striking ``an electronic communication service
provider or a remote computing service'' and inserting ``a
provider'';
(iii) by striking ``images'' and inserting ``visual
depictions''; and
(iv) by striking ``commingled or interspersed among the
images of apparent child pornography within a particular
communication or user created folder or directory'' and
inserting ``reasonably accessible and may provide context or
additional information about the reported material or
person''; and
(E) in paragraph (3), as so redesignated, by striking ``An
electronic communication service provider or a remote
computing service'' and inserting ``A provider''.
SEC. 3. LIMITED LIABILITY FOR PROVIDERS OR DOMAIN NAME
REGISTRARS.
Section 2258B of title 18, United States Code, is amended--
(1) in the heading--
(A) by striking ``electronic communication service
providers, remote computing service providers,'' and
inserting ``providers''; and
(B) by striking ``registrar'' and inserting ``registrars'';
(2) in subsection (a)--
(A) by striking ``an electronic communication service
provider, remote computing service provider,'' and inserting
``a provider''; and
(B) by striking ``such electronic communication service
provider, remote computing service provider,'' and inserting
``such provider'';
(3) in subsection (b), by striking ``electronic
communication service provider, remote computing service
provider,'' each place it appears and inserting ``provider'';
and
(4) in subsection (c)--
(A) by striking ``image'' each place it appears and
inserting ``visual depiction'';
(B) in the matter preceding paragraph (1), by striking ``An
electronic communication service provider, a remote computing
service provider,'' and inserting ``A provider''.
SEC. 4. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL ELEMENTS
RELATING TO REPORTS MADE TO CYBERTIPLINE.
Section 2258C of title 18, United States Code, is amended--
(1) in the heading, by striking ``to images reported to''
and inserting ``to reports made to'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``The National Center for Missing and
Exploited Children'' and inserting ``NCMEC'';
(ii) by striking ``apparent child pornography image of an
identified child'' and inserting ``CyberTipline report'';
(iii) by striking ``an electronic communication service
provider or a remote computing service provider'' and
inserting ``a provider'';
(iv) by striking ``that electronic communication service
provider or remote computing service provider'' and inserting
``that provider''; and
(v) by striking ``further transmission of images'' and
inserting ``online sexual exploitation of children'';
(B) in paragraph (2), by striking ``specific image,
Internet location of images, and other technological elements
that can be used to identify and stop the transmission of
child pornography'' and inserting ``specific visual
depiction, including an Internet location and any other
elements provided in a CyberTipline report that can be used
to identify, prevent, curtail, or stop the transmission of
child pornography and prevent the online sexual exploitation
of children''; and
(C) in paragraph (3), by striking ``actual images'' and
inserting ``actual visual depictions of apparent child
pornography'';
(3) in subsection (b)--
[[Page S4740]]
(A) in the heading, by striking ``electronic communication
service providers and remote computing service providers''
and inserting ``providers'';
(B) by striking ``electronic communication service provider
or remote computing service provider'' each place it appears
and inserting ``provider'';
(C) by striking ``apparent child pornography image of an
identified child from the National Center for Missing and
Exploited Children'' and inserting ``CyberTipline report from
NCMEC'';
(D) by striking ``shall not relieve that'' and inserting
``shall not relieve the''; and
(E) by striking ``its reporting obligations'' and inserting
``reporting'';
(4) in subsection (c)--
(A) by striking ``electronic communication service
providers or remote computing service providers'' and
inserting ``providers'';
(B) by striking ``apparent child pornography image of an
identified child from the National Center for Missing and
Exploited Children'' and inserting ``CyberTipline report from
NCMEC''; and
(C) by striking ``further transmission of the images'' and
inserting ``online sexual exploitation of children'';
(5) in subsection (d)--
(A) by striking ``The National Center for Missing and
Exploited Children shall'' and inserting ``NCMEC may'';
(B) by inserting after ``local law enforcement'' the
following: ``, and to foreign law enforcement agencies
described in section 2258A(c)(3)'';
(C) by striking ``investigation of child pornography'' and
inserting ``investigation of child sexual exploitation'';
(D) by striking ``image of an identified child'' and
inserting ``visual depiction''; and
(E) by striking ``reported to the National Center for
Missing and Exploited Children'' and inserting ``reported to
the CyberTipline''; and
(6) in subsection (e)--
(A) by inserting before ``Federal'' the following:
``foreign,'';
(B) by striking ``image of an identified child from the
National Center for Missing and Exploited Children under
section (d)'' and inserting ``visual depiction from NCMEC
under subsection (d)'';
(C) by striking ``child pornography crimes'' and inserting
``child sexual exploitation crimes,''; and
(D) by inserting before the period at the end the
following: ``and prevent future sexual victimization of
children''.
SEC. 5. LIMITED LIABILITY FOR NCMEC.
Section 2258D of title 18, United States Code, is amended--
(1) in the heading, by striking ``the National Center for
Missing and Exploited Children'' and inserting ``NCMEC'';
(2) in subsection (a)--
(A) by striking ``Except as provided'' and inserting
``Pursuant to its clearinghouse role as a private, nonprofit
organization and its mission to help find missing children,
reduce online sexual exploitation of children and prevent
future victimization, and except as provided'';
(B) by striking ``the National Center for Missing and
Exploited Children'' and inserting ``NCMEC'';
(C) by striking ``(42 U.S.C. 5773)'' and inserting ``(34
U.S.C. 11293)'';
(D) by striking ``such center'' each place it appears and
inserting ``NCMEC''; and
(E) by striking ``from the effort'' and inserting ``from
the efforts'';
(3) in subsection (b)--
(A) by striking ``the National Center for Missing and
Exploited Children'' and inserting ``NCMEC'';
(B) by striking ``such center'' and inserting ``NCMEC'';
and
(C) by striking ``(42 U.S.C. 5773)'' and inserting ``(34
U.S.C. 11293)''; and
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``The National Center for Missing and Exploited Children''
and inserting ``NCMEC''; and
(B) by striking ``image'' each place it appears and
inserting ``visual depiction''.
SEC. 6. DEFINITIONS.
Section 2258E of title 18, United States Code, is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after paragraph (6) the following:
``(7) the term `provider' means an electronic communication
service provider or remote computing service; and
``(8) the term `NCMEC' means the National Center for
Missing & Exploited Children.''.
______
By Mr. SCHUMER (for himself, Ms. Duckworth, Mr. Sanders, Mr.
Kaine, Mr. Merkley, Mr. Wyden, Mr. Bennet, and Ms. Warren):
S. 3174. A bill to decriminalize marijuana, and for other purposes;
to the Committee on the Judiciary.
Mr. SCHUMER. Mr. 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. 3174
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 ``Marijuana Freedom and
Opportunity Act''.
SEC. 2. DECRIMINALIZATION OF MARIJUANA.
(a) Marihuana Removed From Schedule of Controlled
Substances.--Subsection (c) of schedule I of section 202(c)
of the Controlled Substances Act (21 U.S.C. 812) is amended--
(1) by striking ``marihuana''; and
(2) by striking ``tetrahydrocannabinols''.
(b) Removal of Prohibition on Import and Export.--Section
1010(b) of the Controlled Substances Import and Export Act
(21 U.S.C. 960) is amended--
(1) in paragraph (1)--
(A) in subparagraph (F), by inserting ``or'' after the
semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as subparagraph (G);
(2) in paragraph (2)--
(A) in subparagraph (F), by inserting ``or'' after the
semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as subparagraph (G);
(3) in paragraph (3), by striking ``paragraphs (1), (2),
and (4)'' and inserting ``paragraphs (1) and (2)'';
(4) by striking paragraph (4); and
(5) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
(c) Conforming Amendments to Controlled Substances Act.--
The Controlled Substances Act (21 U.S.C. 801 et seq.) is
amended--
(1) in section 102(44) (21 U.S.C. 802(44)), by striking
``marihuana,'';
(2) in section 401(b) (21 U.S.C. 841(b))--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (vi), by inserting ``or'' after the
semicolon;
(II) by striking (vii); and
(III) by redesignating clause (viii) as clause (vii);
(ii) in subparagraph (B)--
(I) by striking clause (vii); and
(II) by redesignating clause (viii) as clause (vii);
(iii) in subparagraph (C), in the first sentence, by
striking ``subparagraphs (A), (B), and (D)'' and inserting
``subparagraphs (A) and (B)'';
(iv) by striking subparagraph (D);
(v) by redesignating subparagraph (E) as subparagraph (D);
and
(vi) in subparagraph (D)(i), as so redesignated, by
striking ``subparagraphs (C) and (D)'' and inserting
``subparagraph (C)'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively;
(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by
striking ``, marihuana,'';
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking
``, marihuana,'';
(5) in section 418(a) (21 U.S.C. 859(a)), by striking the
last sentence;
(6) in section 419(a) (21 U.S.C. 860(a)), by striking the
last sentence;
(7) in section 422(d) (21 U.S.C. 863(d))--
(A) in the matter preceding paragraph (1), by striking
``marijuana,''; and
(B) in paragraph (5), by striking ``, such as a marihuana
cigarette,''; and
(8) in section 516(d) (21 U.S.C. 886(d)), by striking
``section 401(b)(6)'' each place the term appears and
inserting ``section 401(b)(5)''.
(d) Other Conforming Amendments.--
(1) National forest system drug control act of 1986.--The
National Forest System Drug Control Act of 1986 (16 U.S.C.
559b et seq.) is amended--
(A) in section 15002(a) (16 U.S.C. 559b(a)) by striking
``marijuana and other'';
(B) in section 15003(2) (16 U.S.C. 559c(2)) by striking
``marijuana and other''; and
(C) in section 15004(2) (16 U.S.C. 559d(2)) by striking
``marijuana and other''.
(2) Interception of communications.--Section 2516 of title
18, United States Code, is amended--
(A) in subsection (1)(e), by striking ``marihuana,''; and
(B) in subsection (2) by striking ``marihuana,''.
SEC. 3. LEVEL THE ECONOMIC PLAYING FIELD.
(a) Estimate.--On an annual basis, the Secretary of the
Treasury shall make a reasonable estimate of total tax
revenue generated by the marijuana industry for the previous
12-month period.
(b) Transfer.--The Secretary of the Treasury shall transfer
from the general fund of the Treasury to the trust fund
established under subsection (c) the greater of--
(1) an amount equal to 10 percent of the amount estimated
under subsection (a); and
(2) $10,000,000.
(c) Trust Fund.--
(1) In general.--There is established in the Treasury of
the United States a trust fund to be known as the Marijuana
Opportunity Trust Fund, which shall consist of amounts
transferred under subsection (b).
(2) Use of amounts.--Amounts in the trust fund established
under paragraph (1) shall be made available to the
Administrator of the Small Business Administration to provide
loans under section 7(m) of the Small Business Act (15 U.S.C.
636(m)) to assist--
(A) small business concerns owned and controlled by women,
as defined in section 3 of
[[Page S4741]]
that Act (15 U.S.C. 632), that operate in the marijuana
industry; and
(B) small business concerns owned and controlled by
socially and economically disadvantaged individuals, as
defined in section 8(d)(3)(C) of that Act (15 U.S.C.
637(d)(3)(C)), that operate in the marijuana industry.
SEC. 4. HIGHWAY SAFETY RESEARCH.
(a) Study; Development.--The Administrator of the National
Highway Traffic Safety Administration (referred to in this
section as the ``Administrator'') shall--
(1) carry out a study of the impact of driving under the
influence of tetrahydrocannabinol on highway safety; and
(2) develop enhanced strategies and procedures to reliably
determine the impairment of a driver under the influence of
tetrahydrocannabinol.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $50,000,000 for each of fiscal years 2019 through
2023.
SEC. 5. PUBLIC HEALTH RESEARCH.
(a) In General.--The Secretary of Health and Human
Services, in consultation with the Director of the National
Institutes of Health and the Commissioner of Food and Drugs,
shall conduct research on the impacts of marijuana,
including--
(1) effects of tetrahydrocannabinol on the human brain;
(2) efficacy of medicinal marijuana as a treatment for
specific diseases and conditions; and
(3) identification of additional medical benefits and uses
of cannabis.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Health and Human
Services, $100,000,000 for each of fiscal years 2019 through
2023, for purposes of carrying out the activities described
in subsection (a).
SEC. 6. PROTECT KIDS.
The Alcohol and Tobacco Tax and Trade Bureau of the
Department of the Treasury shall promulgate regulations
that--
(1) require restrictions on the advertising and promotion
of products related to marijuana, if the Secretary determines
that such regulation would be appropriate for the protection
of the public health, taking into account--
(A) the risks and benefits to the population of individuals
age 18 and under, including users and nonusers of marijuana
products;
(B) the increased or decreased likelihood that existing
users of marijuana products who are age 18 and under will
stop using such products; and
(C) the increased or decreased likelihood that those age 18
and under who do not use marijuana products will start using
such products; and
(2) impose restrictions on the advertising and promotion of
products related to marijuana consistent with and to the full
extent permitted by the First Amendment to the Constitution
of the United States.
SEC. 7. GRANTS FOR EXPUNGEMENT OF MARIJUANA CONVICTIONS.
There is authorized to be appropriated to the Attorney
General to award grants to States and units of local
government for the purpose of administering, expanding, or
developing expungement or sealing programs for convictions of
possession of marijuana $20,000,000 for each of fiscal years
2019 through 2023 with not less than 50 percent of those
funds being directed to cover the cost of public defenders or
legal aid providers.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act, or an amendment made by this Act, may
be construed to modify the authority of the Federal
Government to prevent marijuana trafficking from States that
have legalized marijuana to those that have not.
______
By Mr. McCONNELL:
S. 3176. A bill to establish the Mill Springs Battlefield National
Monument in the State of Kentucky as a unit of the National Park
System, and for other purposes; to the Committee on Energy and Natural
Resources.
Mr. McCONNELL. Mr. 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. 3176
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 ``Mill Springs Battlefield
National Monument Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``Map'' means the map entitled ``Mill
Springs Battlefield National Monument, Nancy, Kentucky'',
numbered 297/145513, and dated June 2018.
(2) Monument.--The term ``Monument'' means the Mill Springs
Battlefield National Monument established by section 3(a)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 3. ESTABLISHMENT OF MILL SPRINGS BATTLEFIELD NATIONAL
MONUMENT.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established as a unit of the National Park System, the Mill
Springs Battlefield National Monument in the State of
Kentucky, to preserve, protect, and interpret for the benefit
of present and future generations--
(A) the nationally significant historic resources of the
Mill Springs Battlefield; and
(B) the role of the Mill Springs Battlefield in the Civil
War.
(2) Determination by the secretary.--The Monument shall not
be established until the date on which the Secretary
determines that a sufficient quantity of land or interests in
land has been acquired to constitute a manageable park unit.
(3) Notice.--Not later than 30 days after the date on which
the Secretary makes a determination under paragraph (2), the
Secretary shall publish in the Federal Register notice of the
establishment of the Monument.
(4) Boundary.--The boundary of the Monument shall be as
generally depicted on the Map.
(5) Availability of map.--The Map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(6) Acquisition authority.--The Secretary may only acquire
land or an interest in land located within the boundary of
the Monument by--
(A) donation;
(B) purchase with donated funds; or
(C) exchange.
(b) Administration.--
(1) In general.--The Secretary shall administer the
Monument in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the National
Park System, including--
(i) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54, United
States Code; and
(ii) chapter 3201 of title 54, United States Code.
(2) Management plan.--
(A) In general.--Not later than 3 years after the date on
which funds are first made available to prepare a general
management plan for the Monument, the Secretary shall prepare
the general management plan in accordance with section 100502
of title 54, United States Code.
(B) Submission to congress.--On completion of the general
management plan, the Secretary shall submit to the Committee
on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate the
general management plan.
(c) Private Property Protection.--Nothing in this Act
affects the land use rights of private property owners within
or adjacent to the Monument.
(d) No Buffer Zones.--
(1) In general.--Nothing in this Act, the establishment of
the Monument, or the management of the Monument creates a
buffer zone outside the Monument.
(2) Activity or use outside monument.--The fact that an
activity or use can be seen, heard, or detected from within
the Monument shall not preclude the conduct of the activity
or use outside the Monument.
____________________