[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.

                          ____________________